NOTICE: Formatting and page numbering in this document may be different
from that in the original published version.
THIRTY-SEVENTH DAY
------------
MORNING SESSION
------------
Senate Chamber, Olympia, Tuesday, February 17, 1998
The Senate was called to order at 8:00 a.m. by President Pro Tempore Newhouse. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present except Senators Anderson, Benton, Brown, Finkbeiner, Goings, Hargrove, Schow, Sellar and Stevens. On motion of Hale, Senators Anderson, Benton, Finkbeiner, Schow, Sellar and Stevens were excused. On motion of Senator Franklin, Senators Brown, Goings, and Hargrove were excused.
The Sergeant at Arms Color Guard, consisting of Pages Alex Patterson and Heather Shuck, presented the Colors. David Lynch, from the Olympia Bahai' Assembly, offered the prayer.
MOTION
On motion of Senator Johnson, the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGES FROM THE HOUSE
February 13, 1998
MR. PRESIDENT:
The House has passed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2373,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2551,
SECOND SUBSTITUTE HOUSE BILL NO. 2618,
HOUSE BILL NO. 2622,
HOUSE BILL NO. 2628,
SUBSTITUTE HOUSE BILL NO. 2685,
SUBSTITUTE HOUSE BILL NO. 2702,
SUBSTITUTE HOUSE BILL NO. 2712,
SUBSTITUTE HOUSE BILL NO. 2724,
HOUSE BILL NO. 2763,
SECOND SUBSTITUTE HOUSE BILL NO. 2782,
SUBSTITUTE HOUSE BILL NO. 2793,
SECOND SUBSTITUTE HOUSE BILL NO. 2794,
SUBSTITUTE HOUSE BILL NO. 2800,
SECOND SUBSTITUTE HOUSE BILL NO. 2849,
SECOND SUBSTITUTE HOUSE BILL NO. 2879,
SECOND SUBSTITUTE HOUSE BILL NO. 2929,
SUBSTITUTE HOUSE BILL NO. 2941,
SUBSTITUTE HOUSE BILL NO. 2960,
SECOND SUBSTITUTE HOUSE BILL NO. 2962,
SUBSTITUTE HOUSE BILL NO. 2964, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
February 13, 1998
MR. PRESIDENT:
The House has passed:
SECOND SUBSTITUTE HOUSE BILL NO. 1113,
SUBSTITUTE HOUSE BILL NO. 1939,
HOUSE BILL NO. 2331,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2345,
HOUSE BILL NO. 2347,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2424,
HOUSE BILL NO. 2429,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2435,
HOUSE BILL NO. 2436,
SUBSTITUTE HOUSE BILL NO. 2446,
ENGROSSED HOUSE BILL NO. 2709,
ENGROSSED HOUSE BILL NO. 2734,
SUBSTITUTE HOUSE BILL NO. 2754,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2756,
ENGROSSED HOUSE BILL NO. 2772,
SUBSTITUTE HOUSE BILL NO. 2773,
SUBSTITUTE HOUSE BILL NO. 2822,
SUBSTITUTE HOUSE BILL NO. 2848,
SUBSTITUTE HOUSE BILL NO. 2885,
SUBSTITUTE HOUSE BILL NO. 2898,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2901,
SUBSTITUTE HOUSE BILL NO. 2902,
HOUSE BILL NO. 2905,
SUBSTITUTE HOUSE BILL NO. 2924,
SUBSTITUTE HOUSE BILL NO. 2967,
SUBSTITUTE HOUSE BILL NO. 2973,
SUBSTITUTE HOUSE BILL NO. 2976,
SUBSTITUTE HOUSE BILL NO. 2997,
HOUSE BILL NO. 3022,
SUBSTITUTE HOUSE BILL NO. 3046,
SUBSTITUTE HOUSE BILL NO. 3057,
HOUSE BILL NO. 3060, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
February 13, 1998
MR. PRESIDENT:
The House has passed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2591,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2915,
SUBSTITUTE HOUSE BILL NO. 2936,
SUBSTITUTE HOUSE BILL NO. 2983, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
February 13, 1998
MR. PRESIDENT:
The House has passed:
SECOND ENGROSSED SUBSTITUTE HOUSE BILL NO. 1746,
ENGROSSED HOUSE BILL NO. 2570, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
February 13, 1998
MR. PRESIDENT:
The House has passed:
ENGROSSED HOUSE BILL NO. 2897,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2900,
ENGROSSED HOUSE BILL NO. 3041,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 3054, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
February 13, 1998
MR. PRESIDENT:
The House has passed:
SUBSTITUTE HOUSE BILL NO. 3062,
HOUSE BILL NO. 3068,
SECOND SUBSTITUTE HOUSE BILL NO. 3070,
SUBSTITUTE HOUSE BILL NO. 3073,
SECOND SUBSTITUTE HOUSE BILL NO. 3089,
SUBSTITUTE HOUSE BILL NO. 3109,
SUBSTITUTE HOUSE BILL NO. 3110,
HOUSE BILL NO. 3117,
ENGROSSED HOUSE JOINT MEMORIAL NO. 4033,
HOUSE JOINT MEMORIAL NO. 4039, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
INTRODUCTION AND FIRST READING
SCR 8427 by Senators Anderson, T. Sheldon, Swecker, Rasmussen, Hochstatter and Morton
Appointing a joint select committee on rural land use and economic development.
Referred to Committee on Government Operations.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
2SHB 1113 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Mastin, McMorris, Koster, Delvin, Mulliken, Johnson, Schoesler and Honeyford)
Authorizing a change in the use of water made surplus by certain activities and modifying transfer provisions.
Referred to Committee on Agriculture and Environment.
2ESHB 1746 by House Committee on Commerce and Labor (originally sponsored by Representatives Sherstad, Morris, Radcliff, Hatfield, D. Schmidt, Grant, Pennington, Sullivan, Koster, Mulliken, Wood, L. Thomas, Scott, Carrell, Doumit, Sheahan, Huff, Kastama, Boldt, Hickel, McMorris, Thompson, Cooke and Dunshee)
Making minor possession of tobacco a class 3 civil infraction and clarifying penalties for violation of current laws regarding youth access to tobacco.
Referred to Committee on Commerce and Labor.
SHB 1939 by House Committee on Government Administration (originally sponsored by Representatives Ogden, Cooper, Lantz, Anderson, Scott, O'Brien, Hatfield, Blalock, Kessler, Conway, Cody and Gardner)
Covering reserve law enforcement officers under volunteer fire fighters relief benefits.
Referred to Committee on Government Operations.
HB 2331 by Representatives Hickel, Johnson and B. Thomas
Changing school district contracting provisions.
Referred to Committee on Education.
E2SHB 2345 by House Committee on Appropriations (originally sponsored by Representative Reams)
Revising administrative law.
Referred to Committee on Government Operations.
HB 2347 by Representative Sterk
Establishing an exclusionary rule for suppression of evidence.
Referred to Committee on Law and Justice.
ESHB 2373 by House Committee on Higher Education (originally sponsored by Representatives Carlson, Kenney, O'Brien, Anderson and Mason)
Creating the border county higher education opportunity pilot project.
Referred to Committee on Higher Education.
ESHB 2424 by House Committee on Education (originally sponsored by Representatives Mulliken, Johnson, Thompson, Smith, Cairnes, McDonald, Lambert, Koster and B. Thomas)
Regulating disclosure of students' federal social security numbers.
Referred to Committee on Education.
HB 2429 by Representatives Huff, H. Sommers, Carlson, Wolfe and L. Thomas (by request of State Investment Board)
Providing for the operation of the state investment board.
Referred to Committee on Financial Institutions, Insurance and Housing.
ESHB 2435 by House Committee on Government Administration (originally sponsored by Representatives Pennington, Appelwick, Constantine, Ogden, Cooper, Kessler, Gardner, Wolfe, Butler, Costa, Linville, D. Schmidt, Murray, Morris, Anderson and Gombosky) (by request of Public Disclosure Commission)
Enhancing reporting of independent campaign expenditures.
Referred to Committee on Government Operations.
HB 2436 by Representatives McMorris, Huff, Backlund, H. Sommers, Gardner, Wensman, Ogden, Regala and Alexander (by request of Joint Legislative Audit and Review Committee)
Eliminating review and termination of the center for international trade in forest products and delaying review and termination of the office of public defense under the Washington sunset act.
Referred to Committee on Commerce and Labor.
SHB 2446 by House Committee on Law and Justice (originally sponsored by Representatives Robertson, Appelwick, Kastama, Dickerson, Constantine, Ogden, Cooper, Keiser, Kenney, Costa, Cody, Wood, Conway, Anderson and Gombosky)
Changing provisions relating to temporary restricted drivers' licenses.
Referred to Committee on Law and Justice.
ESHB 2551 by House Committee on Energy and Utilities (originally sponsored by Representative Crouse)
Allowing utilities to take actions, such as requiring deposits, to ensure payment.
Referred to Committee on Energy and Utilities.
EHB 2570 by Representatives Ballasiotes, O'Brien, Radcliff, Lambert, Dunshee, Costa and Mitchell
Ordering a study of community residential facilities.
Referred to Committee on Human Services and Corrections.
ESHB 2591 by House Committee on Government Administration (originally sponsored by Representatives Dyer, D. Schmidt, Clements, L. Thomas, Lisk, Zellinsky, Huff, B. Thomas and Schoesler)
Forbidding state agencies from requesting vendors to lobby the legislature.
Referred to Committee on Government Operations.
2SHB 2618 by House Committee on Appropriations (originally sponsored by Representatives Chandler, Linville, O'Brien, Costa and Sump) (by request of Governor Locke)
Adopting the fertilizer regulation act.
Referred to Committee on Agriculture and Environment.
HB 2622 by Representatives Kessler, Doumit, Lantz and Hatfield
Confirming growth management hearings board members.
Referred to Committee on Government Operations.
HB 2628 by Representatives Schoesler, Quall, Costa, O'Brien, Dunshee, Ballasiotes, Dyer, Thompson, Wolfe and Lambert (by request of Governor Locke)
Increasing the penalty for manufacture of methamphetamine.
Referred to Committee on Law and Justice.
SHB 2685 by House Committee on Law and Justice (originally sponsored by Representatives Sheahan, Costa, Lambert, O'Brien, Ballasiotes, Conway, B. Thomas and Romero)
Creating a privilege for communications between victims of domestic violence and victims' advocates.
Referred to Committee on Law and Justice.
SHB 2702 by House Committee on Law and Justice (originally sponsored by Representatives Honeyford, Lisk, Sheahan, Appelwick and Skinner) (by request of Board for Judicial Administration)
Creating two new superior court positions for Yakima county.
Referred to Committee on Law and Justice.
EHB 2709 by Representatives B. Thomas, Pennington, Butler, Cole, Kastama, Crouse, D. Sommers, Carrell, Cooke, O'Brien and Thompson
Eliminating double taxation of municipal utility taxes.
Referred to Committee on Ways and Means.
SHB 2712 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler and Sump)
Requiring the department of ecology to extend the time for work under a permit if water use has been prevented or restricted use due to federal or state laws.
Referred to Committee on Agriculture and Environment.
SHB 2724 by House Committee on Appropriations (originally sponsored by Representatives Boldt, Mielke, Pennington, Carrell, Mulliken, Thompson, Bush, Cairnes, Reams and Lambert)
Requiring legislative oversight of moneys received from enforcement actions.
Referred to Committee on Ways and Means.
EHB 2734 by Representatives Huff, Lantz, Zellinsky, K. Schmidt, Johnson, Gardner, Constantine, Eickmeyer, Chopp and Poulsen
Authorizing additional state ferry vessels.
Referred to Committee on Transportation.
SHB 2754 by House Committee on Government Administration (originally sponsored by Representatives Dyer and Wolfe)
Allowing state agencies to provide other government agencies or business entities with certain government lists and information to be used for government or law enforcement purposes.
Referred to Committee on Government Operations.
ESHB 2756 by House Committee on Law and Justice (originally sponsored by Representatives Sheahan, Costa, Lambert, Constantine, Sherstad, Kessler, Ogden, Dickerson, Conway, Cooper, Mason, Anderson, Thompson, Gardner, Wood, Morris and Ballasiotes)
Changing domestic violence protection orders.
Referred to Committee on Law and Justice.
HB 2763 by Representatives McDonald, Sheahan, Lantz and Costa (by request of Attorney General Gregoire)
Revising laws on dependent persons.
Referred to Committee on Law and Justice.
EHB 2772 by Representatives McDonald and Kastama
Revising provisions relating to drug paraphernalia.
Referred to Committee on Law and Justice.
SHB 2773 by House Committee on Energy and Utilities (originally sponsored by Representatives Poulsen, Crouse, Morris, Cooper and Constantine)
Requiring electric utilities to provide net metering systems to their customer-generators.
Referred to Committee on Energy and Utilities.
2SHB 2782 by House Committee on Appropriations (originally sponsored by Representatives McMorris and Wood)
Authorizing special event endorsements to full service private club licenses.
Referred to Committee on Commerce and Labor.
SHB 2793 by House Committee on Appropriations (originally sponsored by Representatives Johnson, Sheahan, Talcott, DeBolt, Sump, Honeyford, Sterk, Eickmeyer, Pennington, Robertson, Carrell, Sherstad, Mielke, Clements, Cairnes, Hickel, Romero, Backlund and Mulliken)
Revising provisions relating to education of offenders prosecuted as adults.
Referred to Committee on Education.
2SHB 2794 by House Committee on Appropriations (originally sponsored by Representatives McCune, Sheahan, Sterk and D. Sommers)
Requiring offenders under the supervision of the department of corrections to obey all laws.
Referred to Committee on Law and Justice.
SHB 2800 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Cairnes, Cooke, Chandler, Pennington and Robertson)
Prescribing procedures for temporary water rights for small cities.
Referred to Committee on Agriculture and Environment.
SHB 2822 by House Committee on Commerce and Labor (originally sponsored by Representative McMorris) (by request of Department of Labor and Industries)
Exempting agency medical coverage decisions by labor and industries from rule-making provisions.
Referred to Committee on Commerce and Labor.
E2SHB 2845 by House Committee on Appropriations (originally sponsored by Representatives Constantine, Clements, Dickerson, Ogden and Anderson)
Enacting the Washington state false claims act.
Referred to Committee on Law and Justice.
SHB 2848 by House Committee on Education (originally sponsored by Representatives Talcott, B. Thomas, Johnson, L. Thomas, Robertson, Lambert, Carrell, Bush, Backlund, Pennington, Lisk, McDonald, Zellinsky, Mielke, Radcliff, D. Schmidt, Cairnes, Sterk, D. Sommers, Sheahan, Carlson, Chandler, Smith, Boldt and Thompson)
Defining the state's science and tenth grade assessment.
Referred to Committee on Education.
2SHB 2849 by House Committee on Appropriations (originally sponsored by Representatives Talcott, Johnson, B. Thomas, Kastama, L. Thomas, Benson, Lambert, Alexander, Robertson, Pennington, McDonald, Lisk, Cairnes, Radcliff, Ballasiotes, Zellinsky, Backlund, D. Schmidt, Delvin, Carlson, Sump, Chandler, Smith and Thompson)
Enhancing student achievement accountability.
Referred to Committee on Education.
2SHB 2879 by House Committee on Appropriations (originally sponsored by Representatives Buck, Butler, Chandler, DeBolt, Sehlin, Hatfield, McCune, Doumit, Kessler, Morris, Kenney, Constantine, Ogden, Regala, Tokuda, Anderson, Thompson and Conway)
Facilitating the review and approval of fish habitat enhancement projects.
Referred to Committee on Natural Resources and Parks.
SHB 2885 by House Committee on Law and Justice (originally sponsored by Representatives Mulliken, Sheahan, Costa, McDonald, Backlund, Mielke, Smith, Boldt and Thompson)
Providing additional penalty options for drunk driving.
Referred to Committee on Law and Justice.
EHB 2897 by Representatives Reams, Grant, Schoesler, Sheahan, Doumit, Pennington, Hatfield, Mulliken, Sherstad, Thompson, Cairnes, Sullivan, Benson, Koster, McMorris, Bush, Dunn, Mielke, Crouse, Chandler and Zellinsky
Exempting certain activities from the state environmental policy act.
Referred to Committee on Agriculture and Environment.
SHB 2898 by House Committee on Appropriations (originally sponsored by Representatives Sherstad, O'Brien, Schoesler, Sheahan, Hatfield, Pennington, Grant, McMorris, Mulliken, Reams, Cairnes, Thompson, Benson, Koster, Dunn, Bush, Alexander and Mielke)
Prescribing procedures for review and evaluation programs regarding buildable lands.
Referred to Committee on Government Operations.
ESHB 2900 by House Committee on Children and Family Services (originally sponsored by Representatives Cooke, Ballasiotes, McDonald, Boldt and Mitchell)
Providing for pro rata calculation of temporary assistance for needy families grants.
Referred to Committee on Health and Long-Term Care.
ESHB 2901 by House Committee on Children and Family Services (originally sponsored by Representatives Cooke, Tokuda, Ballasiotes, Carrell, O'Brien, McDonald, B. Thomas and Boldt)
Requiring a WorkFirst job search component.
Referred to Committee on Health and Long-Term Care.
SHB 2902 by House Committee on Children and Family Services (originally sponsored by Representatives Cooke, Ballasiotes, Carrell, McDonald, B. Thomas, Boldt, Mitchell and Lambert)
Authorizing the department of social and health services to contract with private or public vendors for the WorkFirst program.
Referred to Committee on Health and Long-Term Care.
HB 2905 by Representatives Carrell, Talcott, Cooke, Bush, Smith, Cairnes, Koster, Backlund, Sherstad, Lambert and Kastama
Prohibiting placement of sexually violent predators in state mental facilities.
Referred to Committee on Human Services and Corrections.
E2SHB 2915 by House Committee on Appropriations (originally sponsored by Representatives Koster, Chandler, Honeyford and Linville)
Regulating dairy nutrients management.
Referred to Committee on Agriculture and Environment.
SHB 2924 by House Committee on Appropriations (originally sponsored by Representatives Chandler and Robertson)
Granting water rights to certain persons who were water users before January 1, 1993.
Referred to Committee on Agriculture and Environment.
2SHB 2929 by House Committee on Appropriations (originally sponsored by Representatives Sterk, Sheahan, Costa, O'Brien, Conway and Gombosky)
Providing financial assistance to local governments for investigating extraordinary crimes.
Referred to Committee on Law and Justice.
SHB 2936 by House Committee on Law and Justice (originally sponsored by Representatives Dyer, Backlund, Skinner and Sherstad)
Clarifying statute of limitations on actions for professional negligence against health care providers.
Referred to Committee on Law and Justice.
SHB 2941 by House Committee on Law and Justice (originally sponsored by Representatives Sheahan, Kessler, Crouse, Lantz and Bush)
Limiting liability for utilities in protecting their facilities.
Referred to Committee on Energy and Utilities.
SHB 2960 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Mastin and Linville)
Authorizing permits-by-rule for certain solid waste recycling facilities.
Referred to Committee on Agriculture and Environment.
2SHB 2962 by House Committee on Appropriations (originally sponsored by Representatives Robertson, Kessler, Lisk, Costa, Sheahan, McDonald, L. Thomas and Anderson)
Creating the crime of criminal mistreatment in the fourth degree.
Referred to Committee on Law and Justice.
SHB 2964 by House Committee on Transportation Policy and Budget (originally sponsored by Representatives Murray, K. Schmidt, Mitchell, Fisher, Hatfield, Cooper, Romero, Cairnes, Skinner, Scott, O'Brien, Wood, Radcliff, Cody, Keiser, Constantine, Regala and Ogden)
Enhancing regional transportation planning.
Referred to Committee on Transportation.
SHB 2967 by House Committee on Natural Resources (originally sponsored by Representatives Clements, Buck, Regala, Huff and Alexander)
Providing for feeding wildlife during emergency conditions.
Referred to Committee on Natural Resources and Parks.
SHB 2973 by House Committee on Commerce and Labor (originally sponsored by Representative McMorris)
Clarifying the role of the liquor control board to hear appeals related to the seizure and forfeiture of cigarettes.
Referred to Committee on Commerce and Labor.
SHB 2976 by House Committee on Transportation Policy and Budget (originally sponsored by Representatives Conway, Robertson, Scott, Radcliff, Cooper, Cairnes, Fisher, K. Schmidt, Veloria, Cody, Kastama, Wood, Keiser, Constantine, Lantz, Zellinsky, B. Thomas, McDonald and O'Brien)
Requiring regional transit authorities to encourage train sets to be made in Washington.
Referred to Committee on Transportation.
SHB 2983 by House Committee on Appropriations (originally sponsored by Representatives Robertson, L. Thomas, Pennington, Costa, Mitchell, Regala, Cooke and McCune)
Encouraging the development of residential living arrangements for persons with developmental disabilities.
Referred to Committee on Health and Long-Term Care.
SHB 2997 by House Committee on Government Administration (originally sponsored by Representatives D. Schmidt and Scott)
Harmonizing procedures to fill ballot vacancies.
Referred to Committee on Government Operations.
HB 3022 by Representative Boldt
Authorizing interstate agreements for public assistance cross matches.
Referred to Committee on Health and Long-Term Care.
EHB 3041 by Representatives Cooke, Bush, Kastama and Tokuda
Exempting the office of the family and children's ombudsman from certain proceedings.
Referred to Committee on Law and Justice.
SHB 3046 by House Committee on Trade and Economic Development (originally sponsored by Representatives Van Luven, Veloria, Dunn, Mason, Zellinsky, Anderson and Wood)
Permitting individuals to bring food or food items into stadiums.
Referred to Committee on Commerce and Labor.
E2SHB 3054 by House Committee on Appropriations (originally sponsored by Representatives Clements, Huff and Delvin)
Augmenting provisions affecting truant, expelled and suspended students.
Referred to Committee on Education.
SHB 3057 by House Committee on Transportation Policy and Budget (originally sponsored by Representatives Chandler and Linville)
Allowing trademarks or business logos on adopt-a-highway signs.
Referred to Committee on Transportation.
HB 3060 by Representative Chandler
Changing provisions relating to sufficient cause for nonuse of water rights.
Referred to Committee on Agriculture and Environment.
SHB 3062 by House Committee on Law and Justice (originally sponsored by Representatives Appelwick and Kenney)
Regarding notice of relocation under parenting plans.
Referred to Committee on Law and Justice.
HB 3068 by Representatives McMorris and Chandler
Regarding a pilot project for limited private applicator licenses and rancher private applicator licenses.
Referred to Committee on Agriculture and Environment.
2SHB 3070 by House Committee on Appropriations (originally sponsored by Representatives McCune and Mulliken)
Increasing penalties for drunk driving.
Referred to Committee on Law and Justice.
SHB 3073 by House Committee on Commerce and Labor (originally sponsored by Representatives Koster, Boldt and Sherstad)
Requiring the use of stratified random sampling survey technology for determination of prevailing wages.
Referred to Committee on Commerce and Labor.
2SHB 3089 by House Committee on Appropriations (originally sponsored by Representatives McDonald, Sheahan, Kessler, Bush, Robertson and Boldt)
Limiting eligibility for the deferred prosecution program to once in a lifetime.
Referred to Committee on Law and Justice.
SHB 3109 by House Committee on Appropriations (originally sponsored by Representatives Huff, H. Sommers, Dyer and Carrell)
Verifying the income of subsidized enrollees of the state basic health plan.
Referred to Committee on Ways and Means.
SHB 3110 by House Committee on Transportation Policy and Budget (originally sponsored by Representatives Mastin, Buck and K. Schmidt)
Considering fish in advanced environmental mitigation.
Referred to Committee on Transportation.
HB 3117 by Representative K. Schmidt
Clarifying transportation plans.
Referred to Committee on Transportation.
EHJM 4033 by Representatives Grant, Mastin, Linville, Chandler, Hatfield, Schoesler, Kessler, Hankins, Regala, McMorris, Poulsen, Sheahan, Mulliken, Wood, Cooper, Morris, Delvin, Butler, Murray, Cooke, Costa, Constantine, Ogden, D. Schmidt, Gardner, Cody, Chopp, Mitchell, Fisher, Doumit, Tokuda, O'Brien, Dickerson, Conway and Cole
Urging Congress not to sell the Bonneville Power Administration.
Referred to Committee on Energy and Utilities.
HJM 4039 by Representatives Huff, Carlson, H. Sommers, Kenney and Wolfe
Petitioning for amendment to the Federal Communications Commission ruling barring direct reimbursement to state agencies that provide telecommunications services.
Referred to Committee on Ways and Means.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator McCaslin, Gubernatorial Appointment No. 9298, John M. King, as Director of the Department of Veterans Affairs, was confirmed.
APPOINTMENT OF JOHN M. KING
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 40; Nays, 0; Absent, 0; Excused, 9.
Voting yea: Senators Bauer, Deccio, Fairley, Franklin, Fraser, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Snyder, Spanel, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 40. Excused: Senators Anderson, Benton, Brown, Finkbeiner, Goings, Hargrove, Schow, Sellar and Stevens - 9.
MOTION
On motion of Senator West, Gubernatorial Appointment No. 9227, Frederick C. Kiga, as Director of the Department of Revenue, was confirmed.
Senators West and Kohl spoke to the confirmation of Frederick C. Kiga, as Director of the Department of Revenue.
APPOINTMENT OF FREDERICK C. KIGA
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Bauer, Benton, Brown, Deccio, Fairley, Franklin, Fraser, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 44. Excused: Senators Anderson, Finkbeiner, Goings, Schow and Stevens - 5.
SECOND READING
SENATE BILL NO. 6211, by Senators Prince, Haugen, Hochstatter and Morton
Retiring as a state chaplain.
The bill was read the second time.
MOTION
On motion of Senator Prince, the rules were suspended, Senate Bill No. 6211 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6211.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6211 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Goings and Stevens - 2. SENATE BILL NO. 6211, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6311, by Senators Snyder, Prince, Rasmussen and Goings
Exempting assembly halls or meeting places used for the promotion of specific educational purposes from property taxation.
The bill was read the second time.
MOTION
On motion of Senator Snyder, the rules were suspended, Senate Bill No. 6311 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6311.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6311 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Goings and Stevens - 2. SENATE BILL NO. 6311, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6589, by Senators Horn, Haugen and Wood (by request of Department of Licensing)
Providing exemptions from driver's license requirements for nonresidents.
MOTIONS
On motion of Senator Horn, Substitute Senate Bill No. 6589 was substituted for Senate Bill No. 6589 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Horn, the rules were suspended, Substitute Senate Bill No. 6589 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6589.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6589 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Spanel, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Absent: Senator Snyder - 1. Excused: Senator Stevens - 1. SUBSTITUTE SENATE BILL NO. 6589, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
President Owen assumed the Chair.
SECOND READING
SENATE BILL NO. 6297, by Senators Benton, Bauer and Snyder
Revising the formula for local public health financing in a county where a city annexed territory with fifty thousand residents or more in 1996 or 1997.
MOTIONS
On motion of Senator West, Substitute Senate Bill No. 6297 was substituted for Senate Bill No. 6297 and the substitute bill was placed on second reading and read the second time.
On motion of Senator West, the rules were suspended, Substitute Senate Bill No. 6297 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6297.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6297 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49. SUBSTITUTE SENATE BILL NO. 6297, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6349, by Senators Anderson, Patterson and Swecker
Changing membership of the committee that establishes boundaries of critical water supply service areas.
The bill was read the second time.
MOTION
Senator Fraser moved that the following amendments by Senators Fraser and Spanel be considered simultaneously and be adopted:
On page 1, line 18, delete "((serving more than fifty customers))” and insert "serving more than fifty customers"
On page 1, line 19, after "agencies." insert "The committee shall also select at least two and no more than four representatives of purveyors serving less than fifty customers, to represent the collective interests of such purveyors within the proposed external boundaries of the critical water supply service area."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Fraser and Spanel on page 1, lines 18 and 19, to Senate Bill No. 6349.
The motion by Senator Fraser failed and the amendments were not adopted on a rising vote.
MOTIONS
On motion of Senator Anderson, the following amendment was adopted:
On page 1, line 18, after “purveyor” strike "((serving more than fifty customers))" and insert "serving more than ((fifty)) ten customers"
On motion of Senator Anderson, the rules were suspended, Engrossed Senate Bill No. 6349 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6349.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6349 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 10; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 39. Voting nay: Senators Brown, Fairley, Franklin, Fraser, Kohl, McAuliffe, Prentice, Spanel, Thibaudeau and Wojahn - 10. ENGROSSED SENATE BILL NO. 6349, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6325, by Senators Oke, B. Sheldon and T. Sheldon
Authorizing additional state ferry vessels.
The bill was read the second time.
MOTIONS
On motion of Senator Haugen, the following amendment by Senators Haugen and Goings was adopted:
On page 2, beginning on line 25, strike all of section 4
Renumber the remaining section consecutively.
Senator Loveland moved that the following amendment by Senators Loveland and Spanel be adopted:
On page 2, line 24, after "authority" insert ": PROVIDED, That the appropriation does not reduce the current level of funding for the maintenance and repair of vessels and terminals in service as of the effective date of this act"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Loveland and Spanel on page 2, line 24, to Senate Bill No. 6325.
The motion by Senator Loveland carried and the amendment was adopted.
MOTIONS
On motion of Senator Oke, the following title amendment was adopted:
On page 1, beginning on line 2 of the title, after "RCW;" strike "creating a new section; and declaring an emergency" and insert "and creating a new section"
On motion of Senator Oke, the rules were suspended, Engrossed Senate Bill No. 6325 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Franklin: “Senator Oke, since I do not sit on the Transportation Committee, and we have not had a real lot of discussion in regards to this issue, I would need to have some clarification in regards to an audit that I had heard about most recently--and which we voted on last year--in order to get a better handle on really what our needs are. With the action of this bill, how will that affect that audit?”
Senator Oke: “Senator, I don't know what that audit is going to bring before us. We wanted to have it last week, but it just didn't arrive. I don't think the audit is going to affect what I am trying to do here. We know we need the docking facilities. There is just no question; there is nobody that can deny that. We also know that we can use passenger-only boats and nobody can deny that fact. What the audit is going to bring forth, I don't have an idea. I hope that we can get our arms around anything that is not correct in the ferry systems and correct it through the audit. That is my hope.”
Senator Franklin: “Thank you. Do you think, by passing this bill, it would be the cart before the horse, proverbially, as we speak?”
Senator Oke: “Again, I don't believe so. What the bill is going to do, in my mind, is going to authorize the EIS process, which is something we need to get started, both for Seattle, Kingston and Southworth. This is going to start the EIS process for the docking facilities for the ferries. That needs to be done and I don't think anybody can deny that.”
Senator Franklin: “Thank you.”
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6325.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6325 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Deccio, Finkbeiner, Hale, Hargrove, Heavey, Horn, Jacobsen, Kline, Kohl, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Rossi, Sellar, Sheldon, B., Sheldon, T., Swecker, West, Winsley and Wood - 25. Voting nay: Senators Bauer, Benton, Brown, Fairley, Franklin, Fraser, Goings, Haugen, Hochstatter, Johnson, Long, Loveland, McAuliffe, Patterson, Prentice, Roach, Schow, Snyder, Spanel, Stevens, Strannigan, Thibaudeau, Wojahn and Zarelli - 24. ENGROSSED SENATE BILL NO. 6325, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5939, by Senators Strannigan, Rossi, Finkbeiner, Bauer, Hochstatter, Benton, Wood, Snyder, Hargrove, Heavey and McDonald
Directing a study of wing-in-ground effect vehicles.
MOTIONS
On motion of Senator Strannigan, Substitute Senate Bill No. 5939 was substituted for Senate Bill No. 5939 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Strannigan, the rules were suspended, Substitute Senate Bill No. 5939 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5939.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5939 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 16; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Benton, Brown, Deccio, Fairley, Goings, Hale, Hargrove, Hochstatter, Horn, Jacobsen, Johnson, Kline, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 33. Voting nay: Senators Bauer, Finkbeiner, Franklin, Fraser, Haugen, Heavey, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Snyder, Spanel, Thibaudeau and Wojahn - 16. SUBSTITUTE SENATE BILL NO. 5939, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6497, by Senators McCaslin, T. Sheldon, Anderson and Oke
Taking private property.
MOTIONS
On motion of Senator McCaslin, Substitute Senate Bill No. 6497 was substituted for Senate Bill No. 6497 and the substitute bill was placed on second reading and read the second time.
Senator Haugen moved that the following amendment be adopted:
On page 2, beginning on line 5 delete everything from "For any through "private property." on line 12 and insert the following:
"When a local government, state agency or the Legislature considers the adoption of an ordinance, rule or statute that in its application may result in an unconstitutional taking of private property, the local government, state agency or Legislature shall follow the guidelines of the attorney general and shall document in the legislative or rule-making record the consideration of such guidelines."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Haugen on page 2, beginning on line 5, to Substitute Senate Bill No. 6497.
The motion by Senator Haugen failed and the amendment was not adopted on a rising vote.
MOTIONS
On motion of Senator Haugen, the following amendment by Senators Haugen and McCaslin was adopted:
On page 2, after line 24, insert the following:
"NEW SECTION. Sec. 2. If this act mandates an increased level of service by local governments, the local government may, under RCW 43.135.060 and chapter 4.92 RCW, submit claims for reimbursement by the legislature. The claims shall be subject to verification by the office of financial management."
Renumber the sections consecutively and correct any internal references accordingly.
On motion of Senator McCaslin, the following title amendment was adopted:
On page 1, after "property;" strike “and” and on line 2, after “36.70A.370" insert "; and creating a new section"
MOTION
On motion of Senator McCaslin, the rules were suspended, Engrossed Substitute Senate Bill No. 6497 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6497.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6497 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 17; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Goings, Hale, Hargrove, Heavey, Hochstatter, Horn, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, T., Stevens, Strannigan, Swecker, West, Wood and Zarelli - 32. Voting nay: Senators Brown, Fairley, Franklin, Fraser, Haugen, Jacobsen, Kline, Kohl, McAuliffe, Patterson, Prentice, Sheldon, B., Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 17. ENGROSSED SUBSTITUTE SENATE BILL NO. 6497, 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.
Vice President Pro Tempore Morton assumed the Chair.
SECOND READING
SENATE JOINT MEMORIAL NO. 8029, by Senators McDonald and Oke
Regarding a petition to authorize federal block grant funds directly to school districts.
The joint memorial was read the second time.
MOTION
On motion of Senator Johnson, the rules were suspended, Senate Joint Memorial No. 8029 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.
Debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Joint Memorial No. 8029.
ROLL CALL
The Secretary called the roll on the final passage of Senate Joint Memorial No. 8029 and the joint memorial passed the Senate by the following vote: Yeas, 26; Nays, 23; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26. Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Snyder, Spanel, Thibaudeau and Wojahn - 23. SENATE JOINT MEMORIAL NO. 8029, having received the constitutional majority, was declared passed.
SECOND READING
SENATE BILL NO. 6323, by Senators Roach, Long, Heavey, Swecker, Snyder, McCaslin, Goings and Rasmussen
Clarifying the law of adverse possession affecting forest land.
MOTIONS
On motion of Senator Roach, Substitute Senate Bill No. 6323 was substituted for Senate Bill No. 6323 and the substitute bill was placed on second reading and read the second time.
Senator Roach moved that the following amendment by Senators Tim Sheldon, Anderson, Roach and Rasmussen be adopted:
On page 2, on line 27, strike "five hundred" and insert "twenty"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Tim Sheldon, Anderson, Roach and Rasmussen on page 2, line 27, to Substitute Senate Bill No. 6323.
The motion by Senator Roach carried and the amendment was adopted.
MOTIONS
On motion of Senator Roach, the rules were suspended, Engrossed Substitute Senate Bill No. 6323 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Roach: “Senator Kline, you mentioned that this particular law has been around in English Common Law for quite a while and that we have had it here in Washington State since, I believe, 1854, and that the object was to keep land in use. Because I know the environment is very, very important to all of us, and we here in the Legislature have dealt, many times, with trying to keep private property out of use. Why then, do you think you would argue for using property that is farmland or forestland, rather than wanting to protect it?” Senator Kline: “Senator, I don't think this is a question of using it or non-using it. This is a question of ownership. If an adverse possession is signified by somebody who uses land--puts a fence on it, puts a gate around it, or plants something on it or whatever--but uses it in a way that is open, notorious, clear to the whole world, we are defining the adverse possessor--the claimant--as somebody who uses. Now, we are not making a social judgement, good, bad or indifferent, we are simply saying that in order to gain possession of land, you've got to use it. That has always been the law, but what we are doing is reducing that under certain circumstances. Thank you.”
Further debate ensued.
MOTION
On motion of Senator Franklin, Senator Prentice was excused.
POINT OF INQUIRY
Senator Thibaudeau: “Senator Heavey, could you tell me whether some person could come along and not know that this was forestland owned by somebody else, build a house--small house--and then he would lose the house, because the forest company obviously owns the land, but he or she did not know that the forest company owned the land?”
Senator Heavey: “Yes, they could lose the house, if they did not get it surveyed to show them where the land was and they did not make fifty thousand dollars in improvements.”
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6323.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6323 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 6; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 42. Voting nay: Senators Brown, Fairley, Jacobsen, Kline, Kohl and McAuliffe - 6. Excused: Senator Prentice - 1. ENGROSSED SUBSTITUTE SENATE BILL NO. 6323, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
President Owen assumed the Chair.
SECOND READING
SENATE BILL NO. 6238, by Senators Stevens and Swecker
Changing provisions relating to dependent children.
MOTIONS
On motion of Senator Long, Substitute Senate Bill No. 6238 was substituted for Senate Bill No. 6238 and the substitute bill was placed on second reading and read the second time.
Senator Hargrove moved that the following amendments be considered simultaneously and be adopted:
On page 1, line 15, after "imminent" strike "physical"
On page 1, line 16, after "Imminent" strike "physical"
On page 2, line 3, beginning with "Any" strike all material through "child." on line 6
On page 2, line 8, after "imminent" strike "physical"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Hargrove on page 1, lines 15 and 16, and page 2, lines 3 and 8, to Substitute Senate Bill No. 6238.
The motion by Senator Hargrove carried and the amendments were adopted.
MOTION
On motion of Senator Long, the rules were suspended, Engrossed Substitute Senate Bill No. 6238 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Hale, Senator Finkbeiner 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. 6238.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6238 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 45. Voting nay: Senators Fairley and Thibaudeau - 2. Excused: Senators Finkbeiner and Prentice - 2. ENGROSSED SUBSTITUTE SENATE BILL NO. 6238, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 10:53 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.
The Senate was called to order at 11:42 a.m. by President Owen.
SECOND READING
SENATE BILL NO. 6540, by Senators Schow and T. Sheldon
Providing criteria for establishing and siting vehicle licensing agencies.
The bill was read the second time.
MOTION
On motion of Senator Schow, the rules were suspended, Senate Bill No. 6540 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 Senate Bill No. 6540.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6540 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Absent: Senator Strannigan - 1. SENATE BILL NO. 6540, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6665, by Senators Roach and Goings
Establishing privity of contract for actions brought against accountants.
The bill was read the second time.
MOTION
On motion of Senator Roach, the rules were suspended, Senate Bill No. 6665 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6665.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6665 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 10; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Johnson, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Stevens, Strannigan, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 39.
Voting nay: Senators Fairley, Fraser, Heavey, Jacobsen, Kline, Kohl, Loveland, Prentice, Spanel and Thibaudeau - 10.
SENATE BILL NO. 6665, 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 Hale, Senators McDonald and Sellar were excused.
SECOND READING
SENATE BILL NO. 6161, by Senators Swecker, Newhouse, Rasmussen and Anderson
Creating a dairy nutrient management program.
MOTIONS
On motion of Senator Swecker, Substitute Senate Bill No. 6161 was substituted for Senate Bill No. 6161 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Swecker, the rules were suspended, Substitute Senate Bill No. 6161 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6161.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6161 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators McDonald and Sellar - 2. SUBSTITUTE SENATE BILL NO. 6161, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE SENATE BILL NO. 5727, by Senate Committee on Transportation (originally sponsored by Senators Wood, Haugen, Jacobsen, Hargrove, Finkbeiner, Deccio, Heavey, Goings, McAuliffe, Patterson, Prentice Winsley, Kohl and Rasmussen)
Requiring rearview mirrors on certain delivery trucks.
MOTIONS
On motion of Senator Wood, Second Substitute Senate Bill No. 5727 was substituted for Substitute Senate Bill No. 5727 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Wood, the rules were suspended, Second Substitute Senate Bill No. 5727 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5727.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5727 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators McDonald and Sellar - 2. SECOND SUBSTITUTE SENATE BILL NO. 5727, 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.
Vice President Pro Tempore Morton assumed the Chair.
SECOND READING
SENATE BILL NO. 6445, by Senators Long, Hargrove, Haugen, Zarelli, McAuliffe, Franklin and Winsley
Modifying provisions relating to children placed in community facilities.
MOTIONS
On motion of Senator Long, Second Substitute Senate Bill No. 6445 was substituted for Senate Bill No. 6445 and the second substitute bill was placed on second reading and read the second time.
Senator Long moved that the following amendment by Senators Long, Zarelli and Hargrove be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. It is the intent of the legislature to:
(1) Enhance public safety and maximize the rehabilitative potential of juvenile offenders through modifications to licensed community residential placements for juveniles;
(2) Ensure community support for community facilities by enabling community participation in decisions involving these facilities and assuring the safety of communities in which community facilities for juvenile offenders are located; and
(3) Improve public safety by strengthening the safeguards in placement, oversight, and monitoring of the juvenile offenders placed in the community, and by establishing minimum standards for operation of licensed residential community facilities. The legislature finds that community support and participation is vital to the success of community programming.
Sec. 2. RCW 72.05.020 and 1979 c 141 s 178 are each amended to read as follows:
As used in this chapter, unless the context requires otherwise:
(1) "Community facility" means a group care facility operated for the care of juveniles committed to the department under RCW 13.40.185.
(2) "Department" means the department of social and health services.
(3) "Juvenile" means a person under the age of twenty-one who has been sentenced to a term of confinement under the supervision of the department under RCW 13.40.185.
(4) "Service provider" means the entity that operates a community facility.
Sec. 3. RCW 74.15.020 and 1997 c 245 s 7 are each amended to read as follows:
For the purpose of chapter 74.15 RCW and RCW 74.13.031, and unless otherwise clearly indicated by the context thereof, the following terms shall mean:
(1) "Department" means the state department of social and health services;
(2) "Secretary" means the secretary of social and health services;
(3) "Agency" means any person, firm, partnership, association, corporation, or facility which receives children, expectant mothers, or persons with developmental disabilities for control, care, or maintenance outside their own homes, or which places, arranges the placement of, or assists in the placement of children, expectant mothers, or persons with developmental disabilities for foster care or placement of children for adoption, and shall include the following irrespective of whether there is compensation to the agency or to the children, expectant mothers or persons with developmental disabilities for services rendered:
(a) "Group-care facility" means an agency, other than a foster-family home, which is maintained and operated for the care of a group of children on a twenty-four hour basis;
(b) "Child-placing agency" means an agency which places a child or children for temporary care, continued care, or for adoption;
(c) "Maternity service" means an agency which provides or arranges for care or services to expectant mothers, before or during confinement, or which provides care as needed to mothers and their infants after confinement;
(d) "Child day-care center" means an agency which regularly provides care for a group of children for periods of less than twenty-four hours;
(e) "Family day-care provider" means a child day-care provider who regularly provides child day care for not more than twelve children in the provider's home in the family living quarters;
(f) "Foster-family home" means an agency which regularly provides care on a twenty-four hour basis to one or more children, expectant mothers, or persons with developmental disabilities in the family abode of the person or persons under whose direct care and supervision the child, expectant mother, or person with a developmental disability is placed;
(g) "Crisis residential center" means an agency which is a temporary protective residential facility operated to perform the duties specified in chapter 13.32A RCW, in the manner provided in RCW 74.13.032 through 74.13.036;
(h) "Community facility" means a group care facility operated for the care of juveniles committed to the department under RCW 13.40.185;
(i) "Service provider" means the entity that operates a community facility.
(4) "Agency" shall not include the following:
(a) Persons related to the child, expectant mother, or person with developmental disability in the following ways:
(i) Any blood relative, including those of half-blood, and including first cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great;
(ii) Stepfather, stepmother, stepbrother, and stepsister;
(iii) A person who legally adopts a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law;
(iv) Spouses of any persons named in (i), (ii), or (iii) of this subsection (4)(a), even after the marriage is terminated; or
(v) Extended family members, as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, a person who has reached the age of eighteen and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent who provides care in the family abode on a twenty-four-hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4);
(b) Persons who are legal guardians of the child, expectant mother, or persons with developmental disabilities;
(c) Persons who care for a neighbor's or friend's child or children, with or without compensation, where: (i) The person providing care for periods of less than twenty-four hours does not conduct such activity on an ongoing, regularly scheduled basis for the purpose of engaging in business, which includes, but is not limited to, advertising such care; or (ii) the parent and person providing care on a twenty-four-hour basis have agreed to the placement in writing and the state is not providing any payment for the care;
(d) Parents on a mutually cooperative basis exchange care of one another's children;
(e) A person, partnership, corporation, or other entity that provides placement or similar services to exchange students or international student exchange visitors or persons who have the care of an exchange student in their home;
(f) Nursery schools or kindergartens which are engaged primarily in educational work with preschool children and in which no child is enrolled on a regular basis for more than four hours per day;
(g) Schools, including boarding schools, which are engaged primarily in education, operate on a definite school year schedule, follow a stated academic curriculum, accept only school-age children and do not accept custody of children;
(h) Seasonal camps of three months' or less duration engaged primarily in recreational or educational activities;
(i) Hospitals licensed pursuant to chapter 70.41 RCW when performing functions defined in chapter 70.41 RCW, nursing homes licensed under chapter 18.51 RCW and boarding homes licensed under chapter 18.20 RCW;
(j) Licensed physicians or lawyers;
(k) Facilities providing care to children for periods of less than twenty-four hours whose parents remain on the premises to participate in activities other than employment;
(l) Facilities approved and certified under chapter 71A.22 RCW;
(m) Any agency having been in operation in this state ten years prior to June 8, 1967, and not seeking or accepting moneys or assistance from any state or federal agency, and is supported in part by an endowment or trust fund;
(n) Persons who have a child in their home for purposes of adoption, if the child was placed in such home by a licensed child-placing agency, an authorized public or tribal agency or court or if a replacement report has been filed under chapter 26.33 RCW and the placement has been approved by the court;
(o) An agency operated by any unit of local, state, or federal government or an agency, located within the boundaries of a federally recognized Indian reservation, licensed by the Indian tribe;
(p) An agency located on a federal military reservation, except where the military authorities request that such agency be subject to the licensing requirements of this chapter.
(5) "Requirement" means any rule, regulation, or standard of care to be maintained by an agency.
(6) "Probationary license" means a license issued as a disciplinary measure to an agency that has previously been issued a full license but is out of compliance with licensing standards.
(7) "Juvenile" means a person under the age of twenty-one who has been sentenced to a term of confinement under the supervision of the department under RCW 13.40.185.
Sec. 4. RCW 13.50.010 and 1997 c 386 s 21 and 1997 c 338 s 39 are each reenacted and amended to read as follows:
(1) For purposes of this chapter:
(a) "Juvenile justice or care agency" means any of the following: Police, diversion units, court, prosecuting attorney, defense attorney, detention center, attorney general, the legislative children's oversight committee, the office of family and children's ombudsman, the department of social and health services and its contracting agencies, schools; ((and, in addition,)) persons or public or private agencies having children committed to their custody; and any placement oversight committee created under section 9 of this act;
(b) "Official juvenile court file" means the legal file of the juvenile court containing the petition or information, motions, memorandums, briefs, findings of the court, and court orders;
(c) "Social file" means the juvenile court file containing the records and reports of the probation counselor;
(d) "Records" means the official juvenile court file, the social file, and records of any other juvenile justice or care agency in the case.
(2) Each petition or information filed with the court may include only one juvenile and each petition or information shall be filed under a separate docket number. The social file shall be filed separately from the official juvenile court file.
(3) It is the duty of any juvenile justice or care agency to maintain accurate records. To this end:
(a) The agency may never knowingly record inaccurate information. Any information in records maintained by the department of social and health services relating to a petition filed pursuant to chapter 13.34 RCW that is found by the court((, upon proof presented,)) to be false or inaccurate shall be corrected or expunged from such records by the agency;
(b) An agency shall take reasonable steps to assure the security of its records and prevent tampering with them; and
(c) An agency shall make reasonable efforts to insure the completeness of its records, including action taken by other agencies with respect to matters in its files.
(4) Each juvenile justice or care agency shall implement procedures consistent with the provisions of this chapter to facilitate inquiries concerning records.
(5) Any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency and who has been denied access to those records by the agency may make a motion to the court for an order authorizing that person to inspect the juvenile justice or care agency record concerning that person. The court shall grant the motion to examine records unless it finds that in the interests of justice or in the best interests of the juvenile the records or parts of them should remain confidential.
(6) A juvenile, or his or her parents, or any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency may make a motion to the court challenging the accuracy of any information concerning the moving party in the record or challenging the continued possession of the record by the agency. If the court grants the motion, it shall order the record or information to be corrected or destroyed.
(7) The person making a motion under subsection (5) or (6) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion.
(8) The court may permit inspection of records by, or release of information to, any clinic, hospital, or agency which has the subject person under care or treatment. The court may also permit inspection by or release to individuals or agencies, including juvenile justice advisory committees of county law and justice councils, engaged in legitimate research for educational, scientific, or public purposes. The court may also permit inspection of, or release of information from, records which have been sealed pursuant to RCW 13.50.050(11). The court shall release to the sentencing guidelines commission records needed for its research and data-gathering functions under RCW 9.94A.040 and other statutes. Access to records or information for research purposes shall be permitted only if the anonymity of all persons mentioned in the records or information will be preserved. Each person granted permission to inspect juvenile justice or care agency records for research purposes shall present a notarized statement to the court stating that the names of juveniles and parents will remain confidential.
(9) Juvenile detention facilities shall release records to the sentencing guidelines commission under RCW 9.94A.040 upon request. The commission shall not disclose the names of any juveniles or parents mentioned in the records without the named individual's written permission.
(10) Requirements in this chapter relating to the court's authority to compel disclosure shall not apply to the legislative children's oversight committee or the office of the family and children's ombudsman.
NEW SECTION. Sec. 5. A new section is added to chapter 72.05 RCW to read as follows:
(1) Whenever the department operates, or the secretary enters a contract to operate, a community facility, the community facility may be operated only after the public notification and opportunities for review and comment as required by this section.
(2) The secretary shall establish a process for early and continuous public participation in establishing or relocating community facilities. The process shall include, at a minimum, public meetings in the local communities affected, as well as opportunities for written and oral comments, in the following manner:
(a) If there are more than three sites initially selected as potential locations and the selection process by the secretary or a service provider reduces the number of possible sites for a community facility to no fewer than three, the secretary or the chief operating officer of the service provider shall notify the public of the possible siting and hold at least two public hearings in each community where a community facility may be sited.
(b) When the secretary or service provider has determined the community facility's location, the secretary or the chief operating officer of the service provider shall hold at least one additional public hearing in the community where the community facility will be sited.
(c) When the secretary has entered negotiations with a service provider and only one site is under consideration, then at least two public hearings shall be held.
(d) To provide adequate notice of, and opportunity for interested persons to comment on, a proposed location, the secretary or the chief operating officer of the service provider shall provide at least fourteen days advance notice of the meeting to all newspapers of general circulation in the community, all radio and television stations generally available to persons in the community, any school district in which the community facility would be sited or whose boundary is within two miles of a proposed community facility, any library district in which the community facility would be sited, local business or fraternal organizations that request notification from the secretary or agency, and any person or property owner within a one-half mile radius of the proposed community facility. Before initiating this process, the department shall contact local government planning agencies in the communities containing the proposed community facility. The department shall coordinate with local government agencies to ensure that opportunities are provided for effective citizen input and to reduce the duplication of notice and meetings.
(3) The secretary shall not issue a license to any service provider until the service provider submits proof that the requirements of this section have been met.
(4) This section shall apply only to community facilities sited after the effective date of this act.
NEW SECTION. Sec. 6. A new section is added to chapter 72.05 RCW to read as follows:
The department shall adopt an infraction policy for juveniles placed in community facilities. The policy shall require written documentation by the department and service providers of all infractions and violations by juveniles of conditions set by the department. Any juvenile who commits a serious infraction or a serious violation of conditions set by the department shall be returned to an institution. The secretary shall not return a juvenile to a community facility until a new risk assessment has been completed and the secretary reasonably believes that the juvenile can adhere to the conditions set by the department. The department shall define the terms "serious infraction" and "serious violation" in rule and shall include but not necessarily limited to the commission of any criminal offense, any unlawful use or possession of a controlled substance, and any use or possession of an alcoholic beverage.
NEW SECTION. Sec. 7. A new section is added to chapter 74.15 RCW to read as follows:
Whenever the secretary contracts with a service provider to operate a community facility, the contract shall include a requirement that each service provider must report to the department any known infraction or violation of conditions committed by any juvenile under its supervision. The report must be made immediately upon learning of serious infractions or violations and within twenty-four hours for other infractions or violations.
The secretary shall adopt rules to implement and enforce the provisions of this section. The rules shall contain a schedule of monetary penalties not to exceed the total compensation set forth in the contract, and include provisions that allow the secretary to terminate all contracts with a service provider that has violations of this section and the rules adopted under this section.
The secretary shall document in writing all violations of this section and the rules adopted under this section, penalties, actions by the department to remove juveniles from a community facility, and contract terminations. The department shall give great weight to a service provider's record of violations, penalties, actions by the department to remove juveniles from a community facility, and contract terminations in determining to execute, renew, or renegotiate a contract with a service provider.
NEW SECTION. Sec. 8. A new section is added to chapter 72.05 RCW to read as follows:
(1) The department shall publish and operate a staffed, toll-free twenty-four-hour hotline for the purpose of receiving reports of violation of conditions set for juveniles who are placed in community facilities.
(2) The department shall include the phone number on all documents distributed to the juvenile and the juvenile's employer, school, parents, and treatment providers.
(3) The department shall include the phone number in every contract it executes with any service provider after the effective date of this act.
NEW SECTION. Sec. 9. A new section is added to chapter 72.05 RCW to read as follows:
(1) Whenever the department operates, or the secretary enters a contract to operate, a community facility, the community facility must be operated in accordance with the requirements of this section.
(2) The secretary, or the chief operating officer of a service provider, shall hold a public hearing to inform each community of the opportunity to establish a community placement oversight committee. The secretary shall attend the hearing and shall assist any community that decides to establish such a committee.
(3) If created, the committee shall include, at a minimum, four persons residing within a one-mile radius of the community facility, representatives of local law enforcement, and representatives of the school district in which the offenders residing at the community facility are likely to be enrolled.
(4) The committee may review and make recommendations regarding the placement of any juvenile who the secretary proposes to place in the community facility. If the secretary places any juvenile against the recommendation of a community placement oversight committee, the secretary must annually report such placements and the reasons for not following the committee's recommendation to the appropriate legislative committees.
(5) The secretary shall provide the committee with the name and all relevant records of any juvenile offender who the secretary proposes for placement in the community facility. The records shall include previous placements in a community facility and all infractions and violations of the conditions set by the department. The information shall be in writing and provided at least ten days in advance of the date of the intended placement.
(6) Members of the committee shall sign and adhere to a confidentiality agreement that protects the juveniles from disclosure of information deemed confidential by law.
(7) The committee, if one exists, shall review and act on the proposed placement no later than five business days after receiving the information required by subsection (5) of this section. If the committee recommends against a proposed placement it shall notify the secretary immediately, in the most expedient manner possible, and shall provide the secretary written notice of its decision within two business days of its decision.
(8) The committee shall consider whether a juvenile who is proposed for residence in a community facility is likely to adhere to conditions of placement, commit offenses while in placement, continue in appropriate treatment, or present a serious threat to other community facility residents or staff, and may consider other relevant conditions which bear on the likelihood the juvenile will succeed in making a transition to nonoffender status.
(9) The committee, its members, and any agency represented by a member, shall not be liable in any cause of action as a result of its decision in regard to a proposed placement of a juvenile unless the committee acts with gross negligence or bad faith in making a placement decision.
(10) Members of the committee shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(11) Except as provided in RCW 13.40.215, at least seventy-two hours prior to placing a juvenile in a community facility the secretary shall provide to the chief law enforcement officer of the jurisdiction in which the community facility is sited: (a) The name of the juvenile; (b) the juvenile's criminal history; and (c) such other relevant and disclosable information the law enforcement officer may request.
NEW SECTION. Sec. 10. A new section is added to chapter 72.05 RCW to read as follows:
(1) The department shall not initially place an offender in a community facility unless:
(a) The department has conducted a risk assessment, including a determination of drug and alcohol abuse, and the results indicate the juvenile will pose not more than a minimum risk to public safety; and
(b) The offender has spent at least ten percent of his or her sentence, but in no event less than thirty days, in a secure institution operated by, or under contract with, the department.
The risk assessment must include consideration of all prior convictions and all available nonconviction data released upon request under RCW 10.97.050, and any serious infractions or serious violations while under the jurisdiction of the secretary or the courts.
(2) No juvenile offender may be placed in a community facility until the juvenile's student records and information have been received and the department has reviewed them in conjunction with all other information used for risk assessment, security classification, and placement of the juvenile.
(3) A juvenile offender shall not be placed in a community facility until the department's risk assessment and security classification is complete, local law enforcement has been properly notified, and the community placement oversight committee, if one exists, has reviewed and acted on the placement.
Sec. 11. RCW 28A.600.475 and 1992 c 205 s 120 are each amended to read as follows:
School districts may participate in the exchange of information with law enforcement and juvenile court officials to the extent permitted by the family educational and privacy rights act of 1974, 20 U.S.C. Sec. 1232g. When directed by court order or pursuant to any lawfully issued subpoena, a school district shall make student records and information available to law enforcement officials, probation officers, court personnel, and others legally entitled to the information. Except as provided in section 12 of this act, parents and students shall be notified by the school district of all such orders or subpoenas in advance of compliance with them.
NEW SECTION. Sec. 12. A new section is added to chapter 13.40 RCW to read as follows:
Pursuant to RCW 28A.600.475, and to the extent permitted by the family educational and privacy rights act of 1974, 20 U.S.C. Sec. 1232g(b), and in order to serve the juvenile while in detention and to prepare any postconviction services, schools shall make all student records and information necessary for risk assessment, security classification, and placement available to court personnel and the department within three working days of a request under this section.
When a juvenile has one or more prior convictions, a request for records shall be made by the county prosecuting attorney, or probation department if available, to the school not more than ten days following the juvenile's arrest or detention, whichever occurs later, and prior to trial. The request may be made by subpoena.
Where a juvenile has no prior conviction, a request to release records shall be made by subpoena upon the juvenile's conviction. When the request for a juvenile's student records and information is made by subpoena following conviction, the court or other issuing agency shall order the school on which the subpoena is served not to disclose to any person the existence or contents of the subpoena or any information furnished in response to the subpoena. When the court or issuing agency so orders, the school shall not provide notice to the juvenile or his or her parents.
NEW SECTION. Sec. 13. A new section is added to chapter 72.05 RCW to read as follows:
(1) The department shall establish by rule, in consultation with the office of the superintendent of public instruction, those student records and information necessary to conduct a risk assessment, make a security classification, and ensure proper placement. Those records shall include at least:
(a) Any history of placement in special education programs;
(b) Any past, current, or pending disciplinary action;
(c) Any history of violent, aggressive, or disruptive behavior, or gang membership, or behavior listed in RCW 13.04.155;
(d) Any use of weapons that is illegal or in violation of school policy;
(e) Any history of truancy;
(f) Any drug or alcohol abuse;
(g) Any health conditions affecting the juvenile's placement needs; and
(h) Any other relevant information.
(2) For purposes of this section "gang" has the meaning defined in RCW 28A.225.225.
NEW SECTION. Sec. 14. A new section is added to chapter 72.05 RCW to read as follows:
(1) Whenever the department operates, or the secretary enters a contract to operate, a community facility, the placement and supervision of juveniles must be accomplished in accordance with this section.
(2) The secretary shall require that any juvenile placed in a community facility and who is employed or assigned as a volunteer be subject to monitoring for compliance with requirements for attendance at his or her job or assignment. The monitoring requirements shall be included in a written agreement between the employer or supervisor, the secretary or chief operating officer of the contracting agency, and the juvenile. The requirements shall include, at a minimum, the following:
(a) Acknowledgment of the juvenile's offender status;
(b) The name, address, and telephone number of the community facility at which the juvenile resides;
(c) The twenty-four-hour telephone number required under section 8 of this act;
(d) The name and work telephone number of all persons responsible for the supervision of the juvenile;
(e) A prohibition on the juvenile's departure from the work or volunteer site without prior approval of the person in charge of the community facility;
(f) A prohibition on personal telephone calls except to the community facility;
(g) A prohibition on receiving compensation in any form other than a negotiable instrument;
(h) A requirement that rest breaks during work hours be taken only in those areas at the location which are designated for such breaks;
(i) A prohibition on visits from persons not approved in advance by the person in charge of the community facility;
(j) A requirement that any unexcused absence, tardiness, or departure by the juvenile be reported immediately upon discovery to the person in charge of the community facility;
(k) A requirement that any notice from the juvenile that he or she will not report to the work or volunteer site be verified as legitimate by contacting the person in charge of the community facility; and
(l) An agreement that the community facility will conduct and document random visits to determine compliance by the juvenile with the terms of this section.
(3) The secretary shall require that any juvenile placed in a community facility and who is enrolled in a public or private school be subject to monitoring for compliance with requirements for attendance at his or her school. The monitoring requirements shall be included in a written agreement between the school district or appropriate administrative officer, the secretary or chief operating officer of the contracting agency, and the juvenile. The requirements shall include, at a minimum, the following:
(a) Acknowledgment of the juvenile's offender status;
(b) The name, address, and telephone number of the community facility at which the juvenile resides;
(c) The twenty-four-hour telephone number required under section 8 of this act;
(d) The name and work telephone number of at least two persons at the school to contact if issues arise concerning the juvenile's compliance with the terms of his or her attendance at school;
(e) A prohibition on the juvenile's departure from the school without prior approval of the appropriate person at the school;
(f) A prohibition on personal telephone calls except to the community facility;
(g) A requirement that the juvenile remain on school grounds except for authorized and supervised school activities;
(h) A prohibition on visits from persons not approved in advance by the person in charge of the community facility;
(i) A requirement that any unexcused absence or departure by the juvenile be reported immediately upon discovery to the person in charge of the community facility;
(j) A requirement that any notice from the juvenile that he or she will not attend school be verified as legitimate by contacting the person in charge of the community facility; and
(k) An agreement that the community facility will conduct and document random visits to determine compliance by the juvenile with the terms of this section.
(4) The secretary shall require that when any juvenile placed in a community facility is employed, assigned as a volunteer, or enrolled in a public or private school:
(a) Program staff members shall make and document periodic and random accountability checks while the juvenile is at the school or work facility;
(b) A program counselor assigned to the juvenile shall contact the juvenile's employer, teacher, or school counselor regularly to discuss school or job performance-related issues.
(5) The department shall maintain a copy of all agreements executed under this section. The department shall also provide each affected juvenile with a copy of every agreement to which he or she is a party. The service provider shall maintain a copy of every agreement it executes under this section.
NEW SECTION. Sec. 15. A new section is added to chapter 72.05 RCW to read as follows:
(1) The department shall establish by rule a policy for the common use of residential group homes for juvenile offenders under the jurisdiction of the juvenile rehabilitation administration and the children's administration.
(2) A juvenile under the jurisdiction of the juvenile rehabilitation administration who is convicted of a class A felony is not eligible for placement in a community facility operated by children's administration that houses juveniles who are not under the jurisdiction of juvenile rehabilitation administration.
NEW SECTION. Sec. 16. A new section is added to chapter 72.05 RCW to read as follows:
(1) A person shall not be eligible for an employed or volunteer position within the juvenile rehabilitation administration or any agency with which it contracts in which the person may have regular access to juveniles under the jurisdiction of the department of social and health services or the department of corrections if the person has been convicted of one or more of the following:
(a) Any felony sex offense;
(b) Any violent offense, as defined in RCW 9.94A.030.
(2) Subsection (1) of this section applies only to persons hired by the department or any of its contracting agencies after the effective date of this act.
(3) Any person employed by the juvenile rehabilitation administration, or by any contracting agency, who may have regular access to juveniles under the jurisdiction of the department or the department of corrections and who is convicted of an offense set forth in this section after the effective date of this act, shall report the conviction to his or her supervisor. The report must be made within seven days of conviction. Failure to report within seven days of conviction constitutes misconduct under Title 50 RCW.
(4) For purposes of this section "may have regular access to juveniles" means access for more than a nominal amount of time.
(5) The department shall adopt rules to implement this section.
NEW SECTION. Sec. 17. (1) The Washington state institute for public policy shall conduct a special study of the contracts, operations, and monitoring of community residential facilities that house juvenile offenders who are under the jurisdiction of the department's juvenile rehabilitation administration.
(2) The institute must consult with nearby residents, local sheriffs and police chiefs, courts, probation departments, schools, and employers in the community in which the community residential facility is located.
(3) The institute shall investigate and report on at least the following issues:
(a) Community residential security, staffing, and operation:
(i) Are the facilities physically secured with door locks, alarms, video monitors, and other security features so that staff are immediately aware of any unauthorized exits or unauthorized visitors? Which homes are not?
(ii) What legal barriers exist, if any, that prevent equipping community residential facilities with locks, alarms, video monitors, and other equipment that would make the facilities more physically secure?
(iii) How much would it cost to equip community residential facilities with security equipment?
(iv) For each facility describe:
(A) The staffing level by shift;
(B) The times, if any, in which offenders are either locked inside secure rooms or locked inside the facility;
(C) What constitutes an escape;
(D) How much time must elapse before an unauthorized absence becomes an escape;
(E) The escape reporting procedure;
(F) Who may visit the offender and at what hours;
(G) What is the screening process used to authorize visitors;
(H) What controls exist to monitor and regulate persons who visit the facilities; and
(I) Whether offenders share bedrooms.
(v) Describe the monitoring level by the juvenile rehabilitation administration and specifically address the following:
(A) How often does the juvenile rehabilitation staff visit the community residential facilities?
(B) How many of these visits are random, unannounced, or conducted at night and on weekends and holidays?
(C) What does the juvenile rehabilitation staff person investigate when conducting these visits?
(D) How often does the juvenile rehabilitation staff contact neighbors, schools, employers, and law enforcement to determine whether juvenile offenders in the community residential facilities are disruptive or that staff is responsive to community concerns?
(b) Offender intake and assessment procedures:
(i) Identify procedural and financial barriers to sharing information about juvenile offenders in community residential facilities between the juvenile rehabilitation administration, schools, courts, law enforcement, other department of social and health services' programs including the division of children and family services and the division of alcohol and substance abuse, and the public.
(ii) What authority does the state have to remove the barriers?
(iii) Identify what entity is responsible for collecting risk assessment data. Describe the process and if it varies in different counties.
(iv) What types and sources of data are being collected inconsistently?
(v) What types and sources of data are being used inconsistently in performing risk assessments?
(vi) What safeguards exist to ensure that assessments are being made with complete information?
(c) Violations or infractions committed by juvenile offenders in community residential facilities:
(i) How many violations, by type and seriousness level, have occurred or have been reported about juvenile offenders residing in community residential facilities during fiscal year 1997?
(ii) What appeals process, if any, exists that governs an offender's appeal from a finding that the offender committed an infraction?
(4) The institute shall recommend changes to existing laws, procedures, and practices governing community residential facilities to increase public safety, community residential facility security, protection of juvenile offenders housed in community residential facilities, and community comment and participation in siting facilities and placement of offenders. The institute shall also identify costs associated with implementing recommended changes.
(5) An initial status report of the progress of the study shall be presented to the senate human services and corrections committee and the house criminal justice and corrections committee no later than September 1, 1998. The institute shall present a final report to those committees no later than December 1, 1998.
NEW SECTION. Sec. 18. The code reviser shall alphabetize the definitions in RCW 13.50.010 and 74.15.020 and correct any references.
NEW SECTION. Sec. 19. This act takes effect September 1, 1998."
Debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the adoption of the striking amendment by Senators Long, Zarelli and Hargrove to Second Substitute Senate Bill No. 6445.
The motion by Senator Long carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Long, the following title amendment was adopted:
On page 1, line 2 of the title, after "services;" strike the remainder of the title and insert "amending RCW 72.05.020, 74.15.020, and 28A.600.475; reenacting and amending RCW 13.50.010; adding new sections to chapter 72.05 RCW; adding a new section to chapter 74.15 RCW; adding a new section to chapter 13.40 RCW; creating new sections; and providing an effective date."
On motion of Senator Long, the rules were suspended, Engrossed Second Substitute Senate Bill No. 6445 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 6445.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6445 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49. ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6445, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6622, by Senator Finkbeiner (by request of Utilities and Transportation Commission)
Implementing the federal telecommunications act of 1996.
MOTIONS
On motion of Senator Finkbeiner, Substitute Senate Bill No. 6622 was substituted for Senate Bill No. 6622 and the substitute bill was placed on second reading and read the second time.
Senator Finkbeiner moved that the following amendment by Senators Finkbeiner, Brown and Jacobsen be adopted:
On page 3, after line 30, insert the following:
"Sec. 5. RCW 80.36.310 and 1989 c 101 s 14 are each amended to read as follows:
(1) Telecommunications companies may petition to be classified as competitive telecommunications companies under RCW 80.36.320 or to have services classified as competitive telecommunications services under RCW 80.36.330. The commission may initiate classification proceedings on its own motion. The commission may require all regulated telecommunications companies potentially affected by a classification proceeding to appear as parties for a determination of their classification.
(2) Any company petition or commission motion for competitive classification shall state an effective date not sooner than thirty days from the filing date. The company must provide notice and publication of the proposed competitive classification in the same manner as provided in RCW 80.36.110 for tariff changes. The proposed classification shall take effect on the stated effective date unless suspended by the commission or set for hearing. The commission shall enter its final order with respect to any suspended classification within ((ten)) six months from the date of filing of a company's petition or the commission's motion.
Sec. 6. RCW 80.36.320 and 1989 c 101 s 15 are each amended to read as follows:
(1) The commission shall classify a telecommunications company ((providing service in a relevant market)) as a competitive telecommunications company if ((it finds, after notice and hearing, that the telecommunications company has demonstrated that)) the services it offers are subject to effective competition. Effective competition means that the company's customers have reasonably available alternatives and that the company does not have a significant captive customer base. In determining whether a company is competitive, factors the commission shall consider include but are not limited to:
(a) The number and sizes of alternative providers of service;
(b) The extent to which services are available from alternative providers in the relevant market;
(c) The ability of alternative providers to make functionally equivalent or substitute services readily available at competitive rates, terms, and conditions; and
(d) Other indicators of market power which may include market share, growth in market share, ease of entry, and the affiliation of providers of services.
The commission shall conduct the initial classification and any subsequent review of the classification in accordance with such procedures as the commission may establish by rule.
(2) Competitive telecommunications companies shall be subject to minimal regulation. Minimal regulation means that competitive telecommunications companies may file, instead of tariffs, price lists ((which)) that shall be effective after ten days' notice to the commission and customers. The commission shall prescribe the form of notice. The commission may also waive other regulatory requirements under this title for competitive telecommunications companies when it determines that competition will serve the same purposes as public interest regulation. The commission may waive different regulatory requirements for different companies if such different treatment is in the public interest. A competitive telecommunications company shall at a minimum:
(a) Keep its accounts according to regulations as determined by the commission;
(b) File financial reports with the commission as required by the commission and in a form and at times prescribed by the commission;
(c) Keep on file at the commission such current price lists and service standards as the commission may require; and
(d) Cooperate with commission investigations of customer complaints.
(3) When a telecommunications company has demonstrated that the equal access requirements ordered by the federal district court in the case of U.S. v. AT&T, 552 F. Supp. 131 (1982), or in supplemental orders, have been met, the commission shall review the classification of telecommunications companies providing inter-LATA interexchange services. At that time, the commission shall classify all such companies as competitive telecommunications companies unless it finds that effective competition, as defined in subsection (1) of this section, does not then exist.
(4) The commission may revoke any waivers it grants and may reclassify any competitive telecommunications company if ((such)) the revocation or reclassification would protect the public interest.
(5) The commission may waive the requirements of RCW 80.36.170 and 80.36.180 in whole or in part for a competitive telecommunications company if it finds that competition will serve the same purpose and protect the public interest.
Sec. 7. RCW 80.36.330 and 1989 c 101 s 16 are each amended to read as follows:
(1) The commission may classify a telecommunications service provided by a telecommunications company as a competitive telecommunications service if ((it finds, after notice and hearing, that)) the service is subject to effective competition. Effective competition means that customers of the service have reasonably available alternatives and that the service is not provided to a significant captive customer base. In determining whether a service is competitive, factors the commission shall consider include but are not limited to:
(a) The number and size of alternative providers of services;
(b) The extent to which services are available from alternative providers in the relevant market;
(c) The ability of alternative providers to make functionally equivalent or substitute services readily available at competitive rates, terms, and conditions; and
(d) Other indicators of market power, which may include market share, growth in market share, ease of entry, and the affiliation of providers of services.
(2) When the commission finds that a telecommunications company has demonstrated that a telecommunications service is competitive, the commission may permit the service to be provided under a price list effective on ten days notice to the commission and customers. The commission shall prescribe the form of notice. The commission may adopt procedural rules necessary to implement this section.
(3) Prices or rates charged for competitive telecommunications services shall cover their cost. The commission shall determine proper cost standards to implement this section, provided that in making any assignment of costs or allocating any revenue requirement, the commission shall act to preserve affordable universal telecommunications service.
(4) The commission may investigate prices for competitive telecommunications services upon complaint. In any complaint proceeding initiated by the commission, the telecommunications company providing the service shall bear the burden of proving that the prices charged cover cost, and are fair, just, and reasonable.
(5) Telecommunications companies shall provide the commission with all data it deems necessary to implement this section.
(6) No losses incurred by a telecommunications company in the provision of competitive services may be recovered through rates for noncompetitive services. The commission may order refunds or credits to any class of subscribers to a noncompetitive telecommunications service which has paid excessive rates because of below cost pricing of competitive telecommunications services.
(7) The commission may reclassify any competitive telecommunications service if reclassification would protect the public interest.
(8) The commission may waive the requirements of RCW 80.36.170 and 80.36.180 in whole or in part for a service classified as competitive if it finds that competition will serve the same purpose and protect the public interest."
Renumber the remaining sections consecutively and correct internal references accordingly.
Debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senators Finkbeiner, Brown and Jacobsen on page 3, after line 30, to Substitute Senate Bill No. 6622.
The motion by Senator Finkbeiner carried and the amendment was adopted.
MOTIONS
On motion of Senator Finkbeiner, the following title amendment was adopted:
On page 1, line 2 of the title, after ";" insert "amending RCW 80.36.310, 80.36.320, and 80.36.330"
On motion of Senator Finkbeiner, the rules were suspended, Engrossed Substitute Senate Bill No. 6622 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6622.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6622 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49. ENGROSSED SUBSTITUTE SENATE BILL NO. 6622, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 12:28 p.m., on motion of Senator Johnson, the Senate was declared to be at ease.
The Senate was called to order at 1:10 p.m. by President Owen.
SECOND READING
SENATE BILL NO. 6168, by Senators Prentice, Rasmussen, Hale, Sellar, T. Sheldon, Wood, McAuliffe, Kohl, Anderson, Benton and Winsley (by request of Governor Locke)
Developing housing for temporary workers.
MOTIONS
On motion of Senator Swecker, Second Substitute Senate Bill No. 6168 was substituted for Senate Bill No. 6168 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Prentice, the rules were suspended, Second Substitute Senate Bill No. 6168 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTION
On motion of Senator Hale, Senator Finkbeiner was excused.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 6168.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6168 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Absent: Senator Benton - 1. Excused: Senator Finkbeiner - 1. SECOND SUBSTITUTE SENATE BILL NO. 6168, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6204, by Senator Morton
Increasing the efficiency of registering and identifying livestock.
MOTIONS
On motion of Senator Morton, Substitute Senate Bill No. 6204 was substituted for Senate Bill No. 6204 and the substitute bill was placed on second reading and read the second time.
Senator Morton moved that the following amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 16.57.010 and 1996 c 105 s 1 are each amended to read as follows:
For the purpose of this chapter:
(1) "Department" means the department of agriculture of the state of Washington.
(2) (("Director" means the director of the department or a duly appointed representative.
(3))) "Person" means a natural person, individual, firm, partnership, corporation, company, society, and association, and every officer, agent or employee thereof. This term shall import either the singular or the plural as the case may be.
(((4))) (3) "Livestock" includes, but is not limited to, horses, mules, cattle, sheep, swine, goats, poultry and rabbits.
(((5))) (4) "Brand" means a permanent fire brand or any artificial mark, other than an individual identification symbol, approved by the ((director)) board to be used in conjunction with a brand or by itself.
(((6))) (5) "Production record brand" means a number brand which shall be used for production identification purposes only.
(((7))) (6) "((Brand)) Livestock inspection" means the examination of livestock or livestock hides for brands or any means of identifying livestock or livestock hides and/or the application of any artificial identification such as back tags or ear clips necessary to preserve the identity of the livestock or livestock hides examined.
(((8))) (7) "Individual identification symbol" means a permanent mark placed on ((a horse)) livestock for the purpose of individually identifying and registering the ((horse)) livestock and which has been approved for use as such by the ((director)) board.
(((9))) (8) "Registering agency" means any person issuing an individual identification symbol for the purpose of individually identifying and registering ((a horse)) livestock.
(((10))) (9) "Poultry" means chickens, turkeys, ratites, and other domesticated fowl.
(((11))) (10) "Ratite" means, but is not limited to, ostrich, emu, rhea, or other flightless bird used for human consumption, whether live or slaughtered.
(((12))) (11) "Ratite farming" means breeding, raising, and rearing of an ostrich, emu, or rhea in captivity or an enclosure.
(((13))) (12) "Microchipping" means the implantation of an identification microchip or similar electronic identification device to establish the identity of an individual animal:
(a) In the pipping muscle of a chick ratite or the implantation of a microchip in the tail muscle of an otherwise unidentified adult ratite;
(b) In the nuchal ligament of a horse unless otherwise specified by rule of the ((director)) board; and
(c) In locations of other livestock species as specified by rule of the ((director)) board when requested by an association of producers of that species of livestock.
(13) "Livestock identification board" or "board" means the body of five members appointed by the governor that includes one beef producer, one cattle feeder, one dairy producer, one livestock market owner, and one horse producer.
(14) "Certificate of permit" means a form prescribed by and obtained from the board that is completed by the owner or a person authorized to act on behalf of the owner to show the ownership of livestock. It does not evidence inspection of livestock.
(15) "Inspection certificate" means a certificate issued by the board documenting the ownership of livestock based on an inspection of livestock by the board. It includes an individual identification certificate issued by the board.
(16) "Self-inspection certificate" means a form prescribed by and obtained from the board that is used for self-inspection of cattle or horses and is signed by the buyer and seller of the cattle or horses.
Sec. 2. RCW 16.57.015 and 1993 c 354 s 10 are each amended to read as follows:
(1) ((The director shall establish a livestock identification advisory board. The board shall be composed of six members appointed by the director. One member shall represent each of the following groups: Beef producers, public livestock market operators, horse owners, dairy farmers, cattle feeders, and meat processors. In making appointments, the director shall solicit nominations from organizations representing these groups state-wide.
(2) The purpose of the board is to provide advice to the director regarding livestock identification programs administered under this chapter and regarding brand inspection fees and related licensing fees. The director shall consult the board before adopting, amending, or repealing a rule under this chapter or altering a fee under RCW 16.58.050, 16.58.130, 16.65.030, or 16.65.090. If the director publishes in the state register a proposed rule to be adopted under the authority of this chapter or a proposed rule setting a fee under RCW 16.58.050, 16.58.130, 16.65.030, or 16.65.090 and the rule has not received the approval of the advisory board, the director shall file with the board a written statement setting forth the director's reasons for proposing the rule without the board's approval.
(3) The members of the advisory board serve three-year terms. However, the director shall by rule provide shorter initial terms for some of the members of the board to stagger the expiration of the initial terms. The members serve without compensation. The director may authorize the expenses of a member to be reimbursed if the member is selected to attend a regional or national conference or meeting regarding livestock identification. Any such reimbursement shall be in accordance with RCW 43.03.050 and 43.03.060.)) There is established a Washington state livestock identification board. The board is composed of five members appointed by the governor and includes one beef producer, one cattle feeder, one dairy producer, one livestock market owner, and one horse producer. Organizations representing these groups may submit nominations for these appointments to the governor for the governor's consideration. Three members of the initial board shall be appointed for two years and two members shall be appointed for three years, thereafter members shall be appointed for a three-year term. Members may succeed themselves.
(2) The board shall be responsible for the administration of the livestock identification program which includes the review and registration of brands, approval of all expenditures from the livestock identification account, administration of the inspection and enforcement activities including the employment of personnel, fee setting, and holding hearings and adopting rules for the administration of the livestock identification program.
(3) The board may contract with the department for registration and for livestock inspection or investigation work and fix the compensation and terms of the contract. The board may also enter into agreements with Washington state licensed and accredited veterinarians, or other persons, who have been certified by the board, to perform livestock inspection. The board may adopt rules necessary to implement livestock inspection performed on a contract basis and may adopt fees to cover the cost associated with such certification.
(4) The board may contract with county sheriffs to provide for additional livestock identification investigators.
(5) The board shall provide for a centralized location that is equally accessible from all parts of the state.
(6) The board may receive gifts, grants, endowments, or free or low-cost office space from public or private sources that are made from time to time, in trust or otherwise, for the use and benefit of the purposes of chapter . . ., Laws of 1998 (this act), and spend gifts, grants, endowments, income, or free or low-cost office space from the public or private sources according to their terms, unless the receipt of the gifts, grants, endowments, or free or low-cost office space violates RCW 42.17.710.
(7) Members of the board shall receive compensation as provided by RCW 43.03.240 and travel expenses to meetings or in otherwise carrying out the duties of the board as provided under RCW 43.03.050 and 43.03.060. The board shall meet at least quarterly in each calendar year. The board shall hire staff as necessary to carry out its duties.
NEW SECTION. Sec. 3. A new section is added to chapter 16.57 RCW to read as follows:
It is the duty of the state patrol to check for a valid inspection certificate or other appropriate proof of ownership for all nonresident livestock at established ports of entry between this state and any other state or country.
The sheriff of each county of this state shall make the investigation and enforcement of livestock theft a high priority and investigate all complaints of these crimes as soon as practicable.
NEW SECTION. Sec. 4. A new section is added to chapter 16.57 RCW to read as follows:
There is established a Washington state livestock identification account in the custody of the state treasurer into which all moneys collected or received from registration, inspection, or enforcement under this chapter and chapter 16.58 RCW and moneys collected or received by the board under chapter 16.65 RCW shall be deposited. These moneys shall be used solely for the Washington state livestock identification program. Only the board may authorize expenditures from this account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
Sec. 5. RCW 16.57.020 and 1994 c 46 s 7 are each amended to read as follows:
The ((director)) board shall be the ((recorder)) registrar of livestock brands and such brands shall not be ((recorded)) registered elsewhere in this state. Any person desiring to register a livestock brand shall apply on a form prescribed by the ((director)) board. Such application shall be accompanied by a facsimile of the brand applied for and a ((thirty-five)) seventy-dollar ((recording)) registration fee. The ((director)) board shall, upon ((his or her)) their satisfaction that the application and brand facsimile meet the requirements of this chapter and/or rules adopted hereunder, ((record)) register such brand. The brand registration is valid for five years.
The director of agriculture may be designated by the board as the registrar of livestock brands. The registration fee shall be deposited by the director in the Washington state livestock identification account and shall be used solely for livestock identification program purposes as provided in this chapter and only as authorized by the board.
Sec. 6. RCW 16.57.030 and 1959 c 54 s 3 are each amended to read as follows:
The ((director)) board shall not ((record)) register tattoo brands or marks for any purpose subsequent to the enactment of this chapter. However, all tattoo brands and marks of record on the date of the enactment of this chapter shall be recognized as legal ownership brands or marks.
Sec. 7. RCW 16.57.040 and 1974 ex.s. c 64 s 1 are each amended to read as follows:
The ((director)) board may provide for the use of production record brands. Numbers for such brands shall be issued at the discretion of the ((director)) board and shall be placed on livestock immediately below the registered ownership brand or any other location prescribed by the ((director)) board.
Sec. 8. RCW 16.57.070 and 1959 c 54 s 7 are each amended to read as follows:
The ((director)) board shall determine conflicting claims between applicants to a brand, and in so doing shall consider the priority of applicants.
Sec. 9. RCW 16.57.080 and 1994 c 46 s 16 are each amended to read as follows:
((The director shall establish by rule a schedule for the renewal of registered brands.)) The initial issuance of a registered brand shall be accompanied by a notice indicating the term of the brand registration. The board may register a brand for less than five years in order to stagger the number of renewals in any one year to provide for an orderly and manageable workload. The fee for a brand registration issued for a term of less than five years shall be prorated accordingly. The fee for renewal of ((the)) a registered brand((s shall be no less than twenty-five dollars for each two-year period of brand ownership, except that the director may, in adopting a renewal schedule, provide for the collection of renewal fees on a prorated basis and may by rule increase the registration and renewal fee for brands by no more than fifty percent subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015)) is seventy dollars. At least sixty days before the expiration of a registered brand, the ((director)) board shall notify by letter the owner of record of the brand that on the payment of the requisite application fee and application of renewal the ((director)) board shall issue the proof of payment allowing the brand owner exclusive ownership and use of the brand for the subsequent registration period. The failure of the registered owner to pay the renewal fee by the date required by rule shall cause such owner's brand to revert to the ((department)) board. The ((director)) board may for a period of one year following such reversion, reissue such brand registration only to the prior registered owner upon payment of the registration fee and a late filing fee ((to be prescribed by the director by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015)) of fifteen dollars, for renewal subsequent to the regular renewal period. The ((director)) board may at the ((director's)) board's discretion, if such brand is not reissued within one year to the prior registered owner, issue such brand to any other applicant.
NEW SECTION. Sec. 10. A one-time brand registration fee of seventy dollars is due from all owners of registered brands not due for renewal in 1998.
Sec. 11. RCW 16.57.090 and 1994 c 46 s 17 are each amended to read as follows:
A brand is the personal property of the owner of record. Any instrument affecting the title of such brand shall be acknowledged in the presence of the recorded owner and a notary public. The ((director)) board shall record such instrument upon presentation and payment of a recording fee not to exceed fifteen dollars to be prescribed by the ((director)) board by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015. Such recording shall be constructive notice to all the world of the existence and conditions affecting the title to such brand. A copy of all records concerning the brand, certified by the ((director)) board, shall be received in evidence to all intent and purposes as the original instrument. The ((director)) board shall not be personally liable for failure of the ((director's)) board's agents to properly record such instrument.
Sec. 12. RCW 16.57.100 and 1971 ex.s. c 135 s 3 are each amended to read as follows:
The right to use a brand shall be evidenced by the original certificate issued by the ((director)) board showing that the brand is of present ((record)) registration or a certified copy of the ((record)) registration of such brand showing that it is of present ((record)) registration. A healed registered brand ((of record)) on livestock shall be prima facie evidence that the recorded owner of such brand has legal title to such livestock and is entitled to its possession: PROVIDED, That the ((director)) board may require additional proof of ownership of any animal showing more than one healed brand.
Sec. 13. RCW 16.57.105 and 1967 c 240 s 38 are each amended to read as follows:
Any person having a brand ((recorded)) registered with the ((department)) board shall have a preemptory right to use such brand and its design under any newly approved method of branding adopted by the ((director)) board.
Sec. 14. RCW 16.57.110 and 1959 c 54 s 11 are each amended to read as follows:
No brand shall be placed on livestock that is not permanent in nature and of a size that is not readily visible. The ((director)) board, in order to assure that brands are readily visible, may prescribe the size of branding irons to be used for ownership brands.
Sec. 15. RCW 16.57.120 and 1991 c 110 s 2 are each amended to read as follows:
No person shall remove or alter a registered brand ((of record)) on livestock without first having secured the written permission of the ((director)) board. Violation of this section shall be a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
Sec. 16. RCW 16.57.130 and 1959 c 54 s 13 are each amended to read as follows:
The ((director)) board shall not ((record)) register a brand that is identical to a registered brand ((of present record)); nor a brand so similar to a registered brand ((of present record)) that it will be difficult to distinguish between such brands when applied to livestock.
Sec. 17. RCW 16.57.140 and 1994 c 46 s 18 are each amended to read as follows:
The owner of a registered brand ((of record)) may procure from the ((director)) board a certified copy of the ((record)) registration of the owner's brand upon payment of a fee not to exceed seven dollars and fifty cents to be prescribed by the ((director)) board by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015.
Sec. 18. RCW 16.57.150 and 1974 ex.s. c 64 s 5 are each amended to read as follows:
The ((director)) board shall publish a book to be known as the "Washington State Brand Book", showing all the registered brands ((of record)). Such book shall contain the name and address of the owners of registered brands ((of record)) and a copy of the brand laws and regulations. Supplements to such brand book showing newly ((recorded)) registered brands, amendments or newly adopted regulations, shall be published biennially, or prior thereto at the discretion of the ((director)) board: PROVIDED, That whenever ((he deems it)) necessary, the ((director)) board may issue a new brand book. The board may collect moneys to recover reasonable costs of publishing and distributing copies of the brand book.
Sec. 19. RCW 16.57.160 and 1991 c 110 s 3 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, the ((director)) board may by rule adopted subsequent to a public hearing designate any point for mandatory ((brand)) livestock inspection of cattle or the furnishing of proof that cattle passing or being transported through such points have been ((brand)) livestock inspected and are lawfully being moved. Further, the ((director)) board may stop vehicles carrying cattle to determine if such cattle are identified, branded, or accompanied by the form prescribed by the ((director)) board under ((RCW 16.57.240)) section 28 of this act or a brand certificate issued by the ((department)) board.
(2) Inspection shall not be required for any individual private sale of any unbranded dairy breed milk production cattle involving fifteen head or less.
Sec. 20. RCW 16.57.165 and 1971 ex.s. c 135 s 6 are each amended to read as follows:
The ((director)) board may, in order to reduce the cost of ((brand)) livestock inspection to livestock owners, enter into agreements with any qualified county, municipal, or other local law enforcement agency, or qualified individuals for the purpose of performing ((brand)) livestock inspection in areas where ((department brand)) livestock inspection by the department may not readily be available.
Sec. 21. RCW 16.57.170 and 1959 c 54 s 17 are each amended to read as follows:
The ((director)) board may enter at any reasonable time any slaughterhouse or public livestock market to make an examination of the brands on livestock or hides, and may enter at any reasonable time an establishment where hides are held to examine them for brands. The ((director)) board may enter any of these premises at any reasonable time to examine all books and records required by law in matters relating to ((brand)) livestock inspection or other methods of livestock identification.
Sec. 22. RCW 16.57.180 and 1959 c 54 s 18 are each amended to read as follows:
Should the ((director)) board be denied access to any premises or establishment where such access was sought for the purposes set forth in RCW 16.57.170, ((he)) the board may apply to any court of competent jurisdiction for a search warrant authorizing access to such premises or establishment for said purposes. The court may upon such application, issue the search warrant for the purposes requested.
Sec. 23. RCW 16.57.200 and 1959 c 54 s 20 are each amended to read as follows:
Any owner or ((his)) an agent shall make the brand or brands on livestock being ((brand)) inspected readily visible and shall cooperate with the ((director)) board to carry out such ((brand)) livestock inspection in a safe and expeditious manner.
Sec. 24. RCW 16.57.210 and 1959 c 54 s 21 are each amended to read as follows:
The ((director)) board shall have authority to arrest any person without warrant anywhere in the state found in the act of, or whom ((he)) the board has reason to believe is guilty of, driving, holding, selling or slaughtering stolen livestock. Any such person arrested by the ((director)) board shall be turned over to the sheriff of the county where the arrest was made, as quickly as possible.
Sec. 25. RCW 16.57.220 and 1997 c 356 s 2 are each amended to read as follows:
The ((director shall)) livestock identification board, upon unanimous vote, may cause a charge to be made for ((all brand)) livestock inspection of cattle and horses ((required)) under this chapter and rules adopted hereunder. Such charges shall be paid to the ((department)) board by the owner or person in possession unless requested by the purchaser and then such ((brand)) livestock inspection shall be paid by the purchaser requesting such ((brand)) livestock inspection. Except as provided by rule, such inspection charges shall be due and payable at the time ((brand)) livestock inspection is performed and shall be paid upon billing by the ((department)) board and if not shall constitute a prior lien on the cattle or cattle hides or horses or horse hides ((brand)) livestock inspected until such charge is paid. The ((director)) board in order to best utilize the services of the ((department)) livestock inspector in performing ((brand)) livestock inspection may establish schedules by days and hours when a ((brand)) livestock inspector will be on duty to perform ((brand)) livestock inspection at established inspection points. ((The fees for brand inspection performed at inspection points according to schedules established by the director shall be seventy-five cents per head for cattle and not more than three dollars per head for horses as prescribed by the director subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015.)) Fees for ((brand)) livestock inspection of cattle and horses ((at points other than those designated by the director or not in accord with the schedules established by the director)) shall be based on a fee schedule not to exceed actual net cost to the ((department)) board of performing the ((brand)) livestock inspection service. For the purpose of this section, actual costs shall mean fifteen dollars per hour and the current mileage rate set by the office of financial management.
Sec. 26. RCW 16.57.230 and 1995 c 374 s 50 are each amended to read as follows:
No person shall collect or make a charge for ((brand)) livestock inspection of livestock unless there has been an actual ((brand)) livestock inspection of such livestock by the board.
Sec. 27. RCW 16.57.240 and 1995 c 374 s 51 are each amended to read as follows:
((Any person purchasing, selling, holding for sale, trading, bartering, transferring title, slaughtering, handling, or transporting cattle shall keep a record on forms prescribed by the director. Such forms)) (1) Certificates of permit, inspection certificates, and self-inspection certificates shall show the owner number, ((specie)) breed, sex, brand, or other method of identification of ((such)) the cattle or horses and any other necessary information required by the ((director)) board. ((The original shall be kept for a period of three years or shall be furnished to the director upon demand or as prescribed by rule, one copy shall accompany the cattle to their destination and shall be subject to inspection at any time by the director or any peace officer or member of the state patrol: PROVIDED, That in the following instances only, cattle may be moved or transported within this state without being accompanied by an official certificate of permit, brand inspection certificate, bill of sale, or self-inspection slip:
(1) When such cattle are moved or transported upon lands under the exclusive control of the person moving or transporting such cattle;))
(2) ((When such cattle are being moved or transported for temporary grazing or feeding purposes and have the registered brand of the person having or transporting such cattle.)) The board may issue certificate of permit forms to any person on payment of a fee established by rule.
(3) Inspection certificates, self-inspection certificates, or other satisfactory proof of ownership shall be kept by either the owner, or the person in possession of any cattle or horses, or both, and shall be furnished to the board or any peace officer upon demand.
NEW SECTION. Sec. 28. A new section is added to chapter 16.57 RCW to read as follows:
Cattle may not be moved or transported within this state without being accompanied by a certificate of permit, inspection certificate, or self-inspection certificate except:
(1) When the cattle are moved or transported upon lands under the exclusive control of the person moving or transporting the cattle; or
(2) When the cattle are being moved or transported for temporary grazing or feeding purposes and have the recorded brand of the person having or transporting the cattle.
Certificates of permit, inspection certificates, or self-inspection certificates accompanying cattle being moved or transported within this state shall be subject to inspection at any time by the board or any peace officer.
Sec. 29. RCW 16.57.260 and 1981 c 296 s 19 are each amended to read as follows:
It shall be unlawful for any person to remove or cause to be removed or accept for removal from this state, any cattle ((or horses)) which are not accompanied at all times by an official ((brand)) livestock inspection certificate issued by the ((director)) board on such cattle ((or horses)), except as provided in RCW 16.57.160.
Sec. 30. RCW 16.57.270 and 1959 c 54 s 27 are each amended to read as follows:
It shall be unlawful for any person moving or transporting livestock in this state to refuse to assist the ((director)) board or any peace officer in establishing the identity of such livestock being moved or transported.
Sec. 31. RCW 16.57.275 and 1967 c 240 s 37 are each amended to read as follows:
Any cattle carcass, or primal part thereof, of any breed or age being transported in this state from other than a state or federal licensed and inspected slaughterhouse or common carrier hauling for such slaughterhouse, shall be accompanied by a certificate of permit signed by the owner of such carcass or primal part thereof and, if such carcass or primal part is delivered to a facility custom handling such carcasses or primal part thereof, such certificate of permit shall be deposited with the owner or manager of such custom handling facility and such certificate of permit shall be retained for a period of one year and be made available to the ((department)) livestock identification board for inspection during reasonable business hours. The owner of such carcass or primal part thereof shall mail a copy of the ((said)) certificate of permit to the ((department)) board within ten days of ((said)) transportation.
Sec. 32. RCW 16.57.280 and 1995 c 374 s 52 are each amended to read as follows:
No person shall knowingly have unlawful possession of any livestock marked with a ((recorded)) registered brand or tattoo of another person unless:
(1) Such livestock lawfully bears the person's own healed ((recorded)) registered brand; or
(2) Such livestock is accompanied by a certificate of permit from the owner of the ((recorded)) registered brand or tattoo; or
(3) Such livestock is accompanied by a ((brand)) livestock inspection certificate; or
(4) Such cattle is accompanied by a self-inspection slip; or
(5) Such livestock is accompanied by a bill of sale from the previous owner or other satisfactory proof of ownership.
A violation of this section constitutes a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
Sec. 33. RCW 16.57.290 and 1995 c 374 s 53 are each amended to read as follows:
All ((unbranded)) cattle and horses ((and those bearing brands not recorded, in the current edition of this state's brand book, which are not accompanied by a certificate of permit, and those bearing brands recorded, in the current edition of this state's brand book, which are not accompanied by a certificate of permit signed by the owner of the brand)) that are not accompanied by a certificate of permit, inspection certificate, or self-inspection certificate, or other satisfactory proof of ownership when presented for inspection by the ((director)) board, shall be sold by the ((director or the director's representative, unless other satisfactory proof of ownership is presented showing the person presenting them to be lawfully in possession)) board. Upon the sale of ((such)) the cattle or horses, the ((director or the director's representative)) board shall give the purchasers ((a bill of sale therefor)) an official inspection certificate for the cattle or horses, or, if theft is suspected, the cattle or horses may be impounded by the ((director or the director's representative)) board.
Sec. 34. RCW 16.57.300 and 1989 c 286 s 24 are each amended to read as follows:
The proceeds from the sale of cattle and horses as provided for under RCW 16.57.290, after paying the cost thereof, shall be paid to the ((director)) board, who shall make a record showing the brand or marks or other method of identification of the animals and the amount realized from the sale thereof. However, the proceeds from a sale of such cattle or horses at a licensed public livestock market shall be held by the licensee for a reasonable period not to exceed thirty days to permit the consignor to establish ownership or the right to sell such cattle or horses. If such consignor fails to establish legal ownership or the right to sell such cattle or horses, such proceeds shall be paid to the ((director)) board to be disposed of as any other estray proceeds.
Sec. 35. RCW 16.57.310 and 1959 c 54 s 31 are each amended to read as follows:
When a person has been notified by registered mail that animals bearing his ((recorded)) or her registered brand have been sold by the ((director)) board, he or she shall present to the ((director)) board a claim on the proceeds within ten days from the receipt of the notice or the ((director)) board may decide that no claim exists.
Sec. 36. RCW 16.57.320 and 1991 c 110 s 6 are each amended to read as follows:
If, after the expiration of one year from the date of sale, the person presenting the animals for inspection has not provided the ((director)) board with satisfactory proof of ownership, the proceeds from the sale shall be paid on the claim of the owner of the ((recorded)) registered brand. However, it shall be a gross misdemeanor for the owner of the ((recorded)) registered brand to knowingly accept such funds after he or she has sold, bartered or traded such animals to the claimant or any other person. A gross misdemeanor under this section is punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
Sec. 37. RCW 16.57.330 and 1959 c 54 s 33 are each amended to read as follows:
If, after the expiration of one year from the date of sale, no claim is made, the money shall be credited to the ((department of agriculture)) board to be expended in carrying out the provisions of this chapter.
Sec. 38. RCW 16.57.340 and 1959 c 54 s 34 are each amended to read as follows:
The ((director)) board shall have the authority to enter into reciprocal agreements with any or all states to prevent the theft, misappropriation or loss of identification of livestock. The ((director)) board may declare any livestock which is shipped or moved into this state from such states estrays if such livestock is not accompanied by the proper official brand certificate or other such certificates required by the law of the state of origin of such livestock. The ((director)) board may hold such livestock subject to all costs of holding or sell such livestock and send the funds, after the deduction of the cost of such sale, to the proper authority in the state of origin of such livestock.
Sec. 39. RCW 16.57.350 and 1994 c 46 s 8 are each amended to read as follows:
The ((director)) board may adopt such rules as are necessary to carry out the purposes of this chapter. It shall be the duty of the ((director)) board to enforce and carry out the provisions of this chapter and/or rules adopted hereunder. No person shall interfere with the ((director)) board when ((he or she)) the board is performing or carrying out duties imposed on ((him or her)) it by this chapter and/or rules adopted hereunder.
Sec. 40. RCW 16.57.360 and 1991 c 110 s 7 are each amended to read as follows:
The ((department)) board is authorized to issue notices of and enforce civil infractions in the manner prescribed under chapter 7.80 RCW.
The violation of any provision of this chapter and/or rules and regulations adopted hereunder shall constitute a class I civil infraction as provided under chapter 7.80 RCW unless otherwise specified herein.
Sec. 41. RCW 16.57.370 and 1959 c 54 s 37 are each amended to read as follows:
All fees collected under the provisions of this chapter shall be retained and deposited by the ((director)) board to be used only for the enforcement of this chapter.
Sec. 42. RCW 16.57.380 and 1991 c 110 s 8 are each amended to read as follows:
The ((director)) board may by rule adopted subsequent to a public hearing designate any point for mandatory ((brand)) livestock inspection of horses or the furnishing of proof that horses passing or being transported through such points have been ((brand)) livestock inspected and are lawfully being moved. Further, the ((director)) board may stop vehicles carrying horses to determine if such horses are identified or branded.
Sec. 43. RCW 16.57.400 and 1994 c 46 s 20 are each amended to read as follows:
The ((director)) board may provide by rules ((and regulations)) adopted pursuant to chapter 34.05 RCW for the issuance of individual ((horse and cattle)) livestock identification certificates or other means of ((horse and cattle)) livestock identification deemed appropriate. Such certificates or other means of identification shall be valid only for the use of the ((horse and cattle)) livestock owner in whose name it is issued.
((Horses and cattle)) Livestock identified pursuant to the provisions of this section and the rules ((and regulations)) adopted hereunder shall not be subject to ((brand)) livestock inspection except when sold at points provided for in RCW 16.57.380. The ((director)) board shall charge a fee for the certificates or other means of identification authorized pursuant to this section and no identification shall be issued until the ((director)) board has received the fee. The schedule of fees shall be established in accordance with the provisions of chapter 34.05 RCW.
Sec. 44. RCW 16.57.407 and 1996 c 105 s 3 are each amended to read as follows:
The ((department)) livestock identification board has the authority to conduct an investigation of an incident where scars or other marks indicate that a microchip has been removed from ((a horse)) livestock.
Sec. 45. RCW 16.57.410 and 1993 c 354 s 11 are each amended to read as follows:
(1) No person may act as a registering agency without a permit issued by the ((department)) board. The ((director)) board may issue a permit to any person or organization to act as a registering agency for the purpose of issuing permanent identification symbols for ((horses)) livestock in a manner prescribed by the ((director)) board. Application for such permit, or the renewal thereof by January 1 of each year, shall be on a form prescribed by the ((director)) board, and accompanied by the proof of registration to be issued, any other documents required by the ((director)) board, and a fee of one hundred dollars.
(2) Each registering agency shall maintain a permanent ((record)) registration for each individual identification symbol. The ((record)) registration shall include, but need not be limited to, the name, address, and phone number of the ((horse)) livestock owner and a general description of the ((horse)) livestock. A copy of each permanent ((record)) registration shall be forwarded to the ((director)) board, if requested by the ((director)) board.
(3) Individual identification symbols shall be inspected as required for brands under RCW 16.57.220 and 16.57.380. Any ((horse)) livestock presented for inspection and bearing such a symbol, but not accompanied by proof of registration and certificate of permit, shall be sold as provided under RCW 16.57.290 through 16.57.330.
(4) The ((director)) board shall adopt such rules as are necessary for the effective administration of this section pursuant to chapter 34.05 RCW.
Sec. 46. RCW 16.57.420 and 1993 c 105 s 3 are each amended to read as follows:
The ((department)) livestock identification board may, in consultation with representatives of the ratite industry, develop by rule a system that provides for the identification of individual ratites through the use of microchipping. The ((department)) board may establish fees for the issuance or reissuance of microchipping numbers sufficient to cover the expenses of the ((department)) board.
Sec. 47. RCW 16.58.020 and 1971 ex.s. c 181 s 2 are each amended to read as follows:
For the purpose of this chapter:
(1) "Livestock identification board" or "board" means the livestock identification board defined under RCW 16.57.010.
(2) "Certified feed lot" means any place, establishment, or facility commonly known as a commercial feed lot, cattle feed lot, or the like, which complies with all of the requirements of this chapter, and any ((regulations)) rules adopted pursuant to the provisions of this chapter and which holds a valid license from the ((director)) board as hereinafter provided.
(((2) "Department" means the department of agriculture of the state of Washington.
(3) "Director" means the director of the department or his duly authorized representative.
(4))) (3) "Licensee" means any persons licensed under the provisions of this chapter.
(((5))) (4) "Person" means a natural person, individual, firm, partnership, corporation, company, society, and association, and every officer, agent or employee thereof. This term shall import either the singular or the plural as the case may be.
Sec. 48. RCW 16.58.030 and 1971 ex.s. c 181 s 3 are each amended to read as follows:
The ((director)) board may adopt such rules ((and regulations)) as are necessary to carry out the purpose of this chapter. The adoption of such rules shall be subject to the provisions of this chapter and rules ((and regulations)) adopted hereunder. No person shall interfere with the ((director when he)) board when it is performing or carrying out any duties imposed ((upon him)) by this chapter or rules ((and regulations)) adopted hereunder.
Sec. 49. RCW 16.58.040 and 1971 ex.s. c 181 s 4 are each amended to read as follows:
On or after August 9, 1971, any person desiring to engage in the business of operating one or more certified feed lots shall obtain an annual license from the ((director)) board for such purpose. The application for a license shall be on a form prescribed by the ((director)) board and shall include the following:
(1) The number of certified feed lots the applicant intends to operate and their exact location and mailing address;
(2) The legal description of the land on which the certified feed lot will be situated;
(3) A complete description of the facilities used for feeding and handling of cattle at each certified feed lot;
(4) The estimated number of cattle which can be handled for feeding purposes at each such certified feed lot; and
(5) Any other information necessary to carry out the purpose and provisions of this chapter and rules ((or regulations)) adopted hereunder.
Sec. 50. RCW 16.58.050 and 1997 c 356 s 4 are each amended to read as follows:
The application for an annual license to engage in the business of operating one or more certified feed lots shall be accompanied by a license fee of ((seven hundred fifty)) two hundred dollars. Upon approval of the application by the ((director)) livestock identification board and compliance with the provisions of this chapter and rules adopted hereunder, the applicant shall be issued a license or a renewal thereof. The board shall conduct an inspection of all cattle and their corresponding ownership documents before the board issues an original license.
Sec. 51. RCW 16.58.060 and 1991 c 109 s 10 are each amended to read as follows:
The ((director)) board shall establish by rule an expiration date or dates for all certified feed lot licenses. License fees shall be prorated where necessary to accommodate staggering of expiration dates of a license or licenses. If an application for renewal of a certified feed lot license is not received by the ((department)) board per the date required by rule or should a person fail, refuse, or neglect to apply for renewal of a preexisting license on or before the date of expiration, that person shall be assessed an additional twenty-five dollars which shall be added to the regular license fee and shall be paid before the ((director)) board may issue a license to the applicant.
Sec. 52. RCW 16.58.070 and 1989 c 175 s 54 are each amended to read as follows:
The ((director)) livestock identification board is authorized to deny, suspend, or revoke a license in accord with the provisions of chapter 34.05 RCW if ((he)) it finds that there has been a failure to comply with any requirement of this chapter or rules ((and regulations)) adopted hereunder. Hearings for the revocation, suspension, or denial of a license shall be subject to the provisions of chapter 34.05 RCW concerning adjudicative proceedings.
Sec. 53. RCW 16.58.080 and 1971 ex.s. c 181 s 8 are each amended to read as follows:
Every certified feed lot shall be equipped with a facility or a livestock pen, approved by the ((director)) livestock identification board as to location and construction within the ((said)) feed lot so that necessary ((brand)) livestock inspection can be carried on in a proper, expeditious and safe manner. Each licensee shall furnish the ((director)) board with sufficient help necessary to carry out ((brand)) livestock inspection in the manner set forth above.
Sec. 54. RCW 16.58.095 and 1991 c 109 s 11 are each amended to read as follows:
All cattle entering or reentering a certified feed lot must be inspected for brands upon entry, unless they are accompanied by a ((brand)) livestock inspection certificate issued by the ((director)) livestock identification board, or any other agency authorized in any state or Canadian province by law to issue such a certificate. Licensees shall report a discrepancy between cattle entering or reentering a certified feed lot and the ((brand)) livestock inspection certificate accompanying the cattle to the nearest ((brand)) livestock inspector immediately. A discrepancy may require an inspection of all the cattle entering or reentering the lot, except as may otherwise be provided by rule.
Sec. 55. RCW 16.58.100 and 1979 c 81 s 3 are each amended to read as follows:
The ((director shall each year)) livestock identification board may conduct audits of the cattle received, fed, handled, and shipped by the licensee at each certified feed lot. Such audits shall be for the purpose of determining if such cattle correlate with the ((brand)) livestock inspection certificates issued in their behalf and that the certificate of assurance furnished the ((director)) board by the licensee correlates with his or her assurance that ((brand)) livestock inspected cattle were not commingled with uninspected cattle.
Sec. 56. RCW 16.58.110 and 1991 c 109 s 12 are each amended to read as follows:
All certified feed lots shall ((furnish)) make available to the ((director with)) livestock identification board records as requested by ((him)) it from time to time on all cattle entering or on feed in ((said)) certified feed lots and dispersed therefrom. All such records shall be subject to examination by the ((director)) board for the purpose of maintaining the integrity of the identity of all such cattle. The ((director)) board may make the examinations only during regular business hours except in an emergency to protect the interest of the owners of such cattle.
Sec. 57. RCW 16.58.120 and 1991 c 109 s 13 are each amended to read as follows:
The licensee shall maintain sufficient records as required by the ((director)) livestock identification board at each certified feed lot, if ((said)) the licensee operates more than one certified feed lot.
Sec. 58. RCW 16.58.140 and 1979 c 81 s 5 are each amended to read as follows:
All fees provided for in this chapter shall be retained by the ((director)) board for the purpose of enforcing and carrying out the purpose and provisions of this chapter or chapter 16.57 RCW.
Sec. 59. RCW 16.58.150 and 1971 ex.s. c 181 s 15 are each amended to read as follows:
No ((brand)) livestock inspection shall be required when cattle are moved or transferred from one certified feed lot to another or the transfer of cattle from a certified feed lot to a point within this state, or out of state where this state maintains ((brand)) livestock inspection, for the purpose of immediate slaughter.
Sec. 60. RCW 16.58.160 and 1991 c 109 s 15 are each amended to read as follows:
The ((director)) board may, when a certified feed lot's conditions become such that the integrity of reports or records of the cattle therein becomes doubtful, suspend such certified feed lot's license until such time as the ((director)) board can conduct an investigation to carry out the purpose of this chapter.
Sec. 61. RCW 16.65.010 and 1983 c 298 s 1 are each amended to read as follows:
For the purposes of this chapter:
(1) The term "public livestock market" means any place, establishment or facility commonly known as a "public livestock market", "livestock auction market", "livestock sales ring", yards selling on commission, or the like, conducted or operated for compensation or profit as a public livestock market, consisting of pens or other enclosures, and their appurtenances in which livestock is received, held, sold, kept for sale or shipment. The term does not include the operation of a person licensed under this chapter to operate a special open consignment horse sale.
(2) "Department" means the department of agriculture of the state of Washington.
(3) "Director" means the director of the department or his duly authorized representative.
(4) "Licensee" means any person licensed under the provisions of this chapter.
(5) "Livestock" includes horses, mules, burros, cattle, sheep, swine, and goats.
(6) "Livestock identification board" or "board" means the board created in RCW 16.57.015.
(7) "Person" means a natural person, individual, firm, partnership, corporation, company, society, and association, and every officer, agent or employee thereof. This term shall import either the singular or the plural as the case may be.
(((7))) (8) "Stockyard" means any place, establishment, or facility commonly known as a stockyard consisting of pens or other enclosures and their appurtenances in which livestock services such as feeding, watering, weighing, sorting, receiving and shipping are offered to the public: PROVIDED, That stockyard shall not include any facilities where livestock is offered for sale at public auction, feed lots, or quarantined registered feed lots.
(((8))) (9) "Packer" means any person engaged in the business of slaughtering, manufacturing, preparing meat or meat products for sale, marketing meat, meat food products or livestock products.
(((9))) (10) "Deputy state veterinarian" means a graduate veterinarian authorized to practice in the state of Washington and appointed or deputized by the director of agriculture as his or her duly authorized representative.
(((10))) (11) "Special open consignment horse sale" means a sale conducted by a person other than the operator of a public livestock market which is limited to the consignment of horses and donkeys only for sale on an occasional and seasonal basis.
Sec. 62. RCW 16.65.050 and 1959 c 107 s 5 are each amended to read as follows:
All fees provided for under this chapter shall be ((retained)) deposited by the director in an account in the agricultural local fund for the purpose of enforcing this chapter, except that fees collected under RCW 16.65.090 and 16.65.100 shall be deposited in the livestock identification account created under section 4 of this act.
Sec. 63. RCW 16.65.090 and 1997 c 356 s 10 are each amended to read as follows:
The ((director)) livestock identification board shall provide for ((brand)) livestock inspection. When such ((brand)) livestock inspection is required the licensee shall collect from the consignor and pay to the ((department, as provided by law,)) board a fee for ((brand)) livestock inspection ((for each animal consigned to the public livestock market or special open consignment horse sale. However, if in any one sale day the total fees collected for brand inspection do not exceed ninety dollars, then such licensee shall pay ninety dollars for such brand inspection or as much thereof as the director may prescribe)) as provided in RCW 16.57.220.
Sec. 64. RCW 16.65.100 and 1983 c 298 s 9 are each amended to read as follows:
The licensee of each public livestock market or special open consignment horse sale shall collect from any purchaser of livestock requesting ((brand)) livestock inspection a fee as provided by law for each animal inspected. Such fee shall be in addition to the fee charged to the consignor for ((brand)) livestock inspection and shall not apply to the minimum fee chargeable to the licensee.
Sec. 65. RCW 16.65.110 and 1959 c 107 s 11 are each amended to read as follows:
The director of agriculture shall cause a charge to be made for any examining, testing, treating, or inoculation required by this chapter and rules ((and regulations)) adopted hereunder. Such charge shall be paid by the licensee to the department of agriculture and such charge shall include the cost of the required drugs and a fee no larger than two dollars nor less than fifty cents for administration of such drugs to each animal and such fee shall be set at the discretion of the director. However, if the total fees payable to the department for such examining, testing, treating or inoculation do not exceed the actual cost to the department for such examining, testing, treating, or inoculation, or ten dollars (whichever is greater), the director shall require the licensee to pay the actual cost of such examining, testing, treating, or inoculation, or ten dollars (whichever is greater), to the department.
Sec. 66. RCW 16.04.025 and 1989 c 286 s 21 are each amended to read as follows:
If the owner or the person having in charge or possession such animals is unknown to the person sustaining the damage, the person retaining such animals shall, within twenty-four hours, notify the county sheriff or the nearest state brand inspector as to the number, description, and location of the animals. The county sheriff or brand inspector shall examine the animals by brand, tattoo, or other identifying characteristics and attempt to ascertain ownership. If the animal is marked with a brand or tattoo which is registered with the ((director of agriculture)) livestock identification board, the brand inspector or county sheriff shall furnish this information and other pertinent information to the person holding the animals who in turn shall send the notice required in RCW 16.04.020 to the animals' registered owner ((of record)) by certified mail.
If the county sheriff or the brand inspector determines that there is no apparent damage to the property of the person retaining the animals, or if the person sustaining the damage contacts the county sheriff or brand inspector to have the animals removed from his or her property, such animals shall be removed in accordance with chapter 16.24 RCW. Such removal shall not prejudice the property owner's ability to recover damages through civil suit.
Sec. 67. RCW 41.06.070 and 1996 c 319 s 3, 1996 c 288 s 33, and 1996 c 186 s 109 are each reenacted and amended to read as follows:
(1) The provisions of this chapter do not apply to:
(a) The members of the legislature or to any employee of, or position in, the legislative branch of the state government including members, officers, and employees of the legislative council, joint legislative audit and review committee, statute law committee, and any interim committee of the legislature;
(b) The justices of the supreme court, judges of the court of appeals, judges of the superior courts or of the inferior courts, or to any employee of, or position in the judicial branch of state government;
(c) Officers, academic personnel, and employees of technical colleges;
(d) The officers of the Washington state patrol;
(e) Elective officers of the state;
(f) The chief executive officer of each agency;
(g) In the departments of employment security and social and health services, the director and the director's confidential secretary; in all other departments, the executive head of which is an individual appointed by the governor, the director, his or her confidential secretary, and his or her statutory assistant directors;
(h) In the case of a multimember board, commission, or committee, whether the members thereof are elected, appointed by the governor or other authority, serve ex officio, or are otherwise chosen:
(i) All members of such boards, commissions, or committees;
(ii) If the members of the board, commission, or committee serve on a part-time basis and there is a statutory executive officer: The secretary of the board, commission, or committee; the chief executive officer of the board, commission, or committee; and the confidential secretary of the chief executive officer of the board, commission, or committee;
(iii) If the members of the board, commission, or committee serve on a full-time basis: The chief executive officer or administrative officer as designated by the board, commission, or committee; and a confidential secretary to the chair of the board, commission, or committee;
(iv) If all members of the board, commission, or committee serve ex officio: The chief executive officer; and the confidential secretary of such chief executive officer;
(i) The confidential secretaries and administrative assistants in the immediate offices of the elective officers of the state;
(j) Assistant attorneys general;
(k) Commissioned and enlisted personnel in the military service of the state;
(l) Inmate, student, part-time, or temporary employees, and part-time professional consultants, as defined by the Washington personnel resources board;
(m) The public printer or to any employees of or positions in the state printing plant;
(n) Officers and employees of the Washington state fruit commission;
(o) Officers and employees of the Washington state apple advertising commission;
(p) Officers and employees of the Washington state dairy products commission;
(q) Officers and employees of the Washington tree fruit research commission;
(r) Officers and employees of the Washington state beef commission;
(s) Officers and employees of any commission formed under chapter 15.66 RCW;
(t) Officers and employees of the state wheat commission formed under chapter 15.63 RCW;
(u) Officers and employees of agricultural commissions formed under chapter 15.65 RCW;
(v) Officers and employees of the nonprofit corporation formed under chapter 67.40 RCW;
(w) Executive assistants for personnel administration and labor relations in all state agencies employing such executive assistants including but not limited to all departments, offices, commissions, committees, boards, or other bodies subject to the provisions of this chapter and this subsection shall prevail over any provision of law inconsistent herewith unless specific exception is made in such law;
(x) In each agency with fifty or more employees: Deputy agency heads, assistant directors or division directors, and not more than three principal policy assistants who report directly to the agency head or deputy agency heads;
(y) All employees of the marine employees' commission;
(z) Up to a total of five senior staff positions of the western library network under chapter 27.26 RCW responsible for formulating policy or for directing program management of a major administrative unit. This subsection (1)(z) shall expire on June 30, 1997;
(aa) Staff employed by the department of community, trade, and economic development to administer energy policy functions and manage energy site evaluation council activities under RCW 43.21F.045(2)(m);
(bb) Staff employed by Washington State University to administer energy education, applied research, and technology transfer programs under RCW 43.21F.045 as provided in RCW 28B.30.900(5);
(cc) Officers and employees of the livestock identification board created under RCW 16.57.015.
(2) The following classifications, positions, and employees of institutions of higher education and related boards are hereby exempted from coverage of this chapter:
(a) Members of the governing board of each institution of higher education and related boards, all presidents, vice-presidents, and their confidential secretaries, administrative, and personal assistants; deans, directors, and chairs; academic personnel; and executive heads of major administrative or academic divisions employed by institutions of higher education; principal assistants to executive heads of major administrative or academic divisions; other managerial or professional employees in an institution or related board having substantial responsibility for directing or controlling program operations and accountable for allocation of resources and program results, or for the formulation of institutional policy, or for carrying out personnel administration or labor relations functions, legislative relations, public information, development, senior computer systems and network programming, or internal audits and investigations; and any employee of a community college district whose place of work is one which is physically located outside the state of Washington and who is employed pursuant to RCW 28B.50.092 and assigned to an educational program operating outside of the state of Washington;
(b) Student, part-time, or temporary employees, and part-time professional consultants, as defined by the Washington personnel resources board, employed by institutions of higher education and related boards;
(c) The governing board of each institution, and related boards, may also exempt from this chapter classifications involving research activities, counseling of students, extension or continuing education activities, graphic arts or publications activities requiring prescribed academic preparation or special training as determined by the board: PROVIDED, That no nonacademic employee engaged in office, clerical, maintenance, or food and trade services may be exempted by the board under this provision;
(d) Printing craft employees in the department of printing at the University of Washington.
(3) In addition to the exemptions specifically provided by this chapter, the Washington personnel resources board may provide for further exemptions pursuant to the following procedures. The governor or other appropriate elected official may submit requests for exemption to the Washington personnel resources board stating the reasons for requesting such exemptions. The Washington personnel resources board shall hold a public hearing, after proper notice, on requests submitted pursuant to this subsection. If the board determines that the position for which exemption is requested is one involving substantial responsibility for the formulation of basic agency or executive policy or one involving directing and controlling program operations of an agency or a major administrative division thereof, the Washington personnel resources board shall grant the request and such determination shall be final as to any decision made before July 1, 1993. The total number of additional exemptions permitted under this subsection shall not exceed one percent of the number of employees in the classified service not including employees of institutions of higher education and related boards for those agencies not directly under the authority of any elected public official other than the governor, and shall not exceed a total of twenty-five for all agencies under the authority of elected public officials other than the governor. The Washington personnel resources board shall report to each regular session of the legislature during an odd-numbered year all exemptions granted under subsections (1)(w) and (x) and (2) of this section, together with the reasons for such exemptions.
The salary and fringe benefits of all positions presently or hereafter exempted except for the chief executive officer of each agency, full-time members of boards and commissions, administrative assistants and confidential secretaries in the immediate office of an elected state official, and the personnel listed in subsections (1)(j) through (v), (y), (z), and (2) of this section, shall be determined by the Washington personnel resources board. However, beginning with changes proposed for the 1997-99 fiscal biennium, changes to the classification plan affecting exempt salaries must meet the same provisions for classified salary increases resulting from adjustments to the classification plan as outlined in RCW 41.06.152.
Any person holding a classified position subject to the provisions of this chapter shall, when and if such position is subsequently exempted from the application of this chapter, be afforded the following rights: If such person previously held permanent status in another classified position, such person shall have a right of reversion to the highest class of position previously held, or to a position of similar nature and salary.
Any classified employee having civil service status in a classified position who accepts an appointment in an exempt position shall have the right of reversion to the highest class of position previously held, or to a position of similar nature and salary.
A person occupying an exempt position who is terminated from the position for gross misconduct or malfeasance does not have the right of reversion to a classified position as provided for in this section.
NEW SECTION. Sec. 68. (1) On the effective date of this section, all powers, duties, and functions of the department of agriculture under chapters 16.57, 16.58, and 16.65 RCW except those identified as remaining with the department in RCW 16.65.110, 16.65.350, and 16.65.360 are transferred to the livestock identification board. The authority to adopt rules regarding those powers, duties, and functions is transferred to the livestock identification board and the administration of those powers, duties, and functions is transferred to the board.
(2)(a) All funds, credits, or other assets, including but not limited to those in the agricultural local fund, held by the department of agriculture in connection with the powers, functions, and duties transferred shall be assigned to the board.
(b) Whenever any question arises as to the transfer of any funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All rules of the department of agriculture adopted under chapter 16.57 RCW in effect on the effective date of this section, all rules adopted by the department under chapter 16.58 RCW in effect on the effective date of this section, and all rules adopted by the department under chapter 16.65 RCW, except for those adopted under the authorities retained by the department under RCW 16.65.110, 16.65.350, and 16.65.360, in effect on the effective date of this section are, on the effective date of this section, rules of the livestock identification board. All proposed rules and all pending business before the department of agriculture pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the board. All existing contracts and obligations shall remain in full force and shall be performed by the board. All registrations made with the department under chapter 16.57 RCW, all licenses issued by the department under chapter 16.58 RCW, and all licenses issued by the department under chapter 16.65 RCW before the effective date of this section shall be considered to be registrations with and licenses issued by the board.
(4) The transfer of the powers, duties, and functions of the department of agriculture shall not affect the validity of any act performed before the effective date of this section. The board shall take action to enforce against violations of chapters 16.57, 16.58, and 16.65 RCW and rules adopted thereunder regarding authorities transferred to the board by this act which occurred before the effective date of this section and for which enforcement is not taken by the department before the effective date of this section with the same force and effect as it may take actions to enforce chapters 16.57 and 16.58 RCW and rules adopted thereunder after the effective date of this section. Any enforcement action taken by the department of agriculture under chapter 16.57, 16.58, or 16.65 RCW regarding authorities transferred to the board by this act, or the rules adopted thereunder and not concluded before the effective date of this section, shall be continued in the name of the board.
(5) As used in this section "livestock identification board" and "board" means the board created under RCW 16.57.015.
NEW SECTION. Sec. 69. A new section is added to chapter 16.49 RCW to read as follows:
There shall be a fee of one dollar per head imposed on all cattle or horses slaughtered by a custom slaughtering establishment, custom farm slaughterer, or custom meat facility licensed under this chapter. The fee shall be collected by the slaughterer and provided to the livestock identification board for deposit into the livestock identification account created under section 4 of this act.
NEW SECTION. Sec. 70. A new section is added to chapter 16.65 RCW to read as follows:
There shall be a fee of one dollar per head collected by the licensee from the seller of any cattle or horses sold to a nonresident buyer or a buyer taking such livestock out of state for slaughter within thirty days. The fee shall be provided to the livestock identification board for deposit into the livestock identification account created under section 4 of this act.
NEW SECTION. Sec. 71. A new section is added to chapter 16.49 RCW to read as follows:
There shall be a fee of one dollar per head imposed on all cattle or horses slaughtered at a slaughter plant where the United States department of agriculture maintains meat inspection. The fee shall be remitted by the slaughterer to the livestock identification board for deposit into the livestock identification account created under section 4 of this act.
NEW SECTION. Sec. 72. The following acts or parts of acts are each repealed:
(1) 1997 c 356 s 3;
(2) 1997 c 356 s 5;
(3) 1997 c 356 s 9;
(4) 1997 c 356 s 11; and
(5) RCW 16.58.130 and 1997 c 356 s 7, 1997 c 356 s 6, 1994 c 46 s 24, 1994 c 46 s 15, 1993 c 354 s 4, 1991 c 109 s 14, 1979 c 81 s 4, & 1971 ex.s. c 181 s 13.
NEW SECTION. Sec. 73. This act takes effect July 1, 1998, except that appointments may be made by the governor and proposed contracts may be developed under RCW 16.57.015 prior to July 1, 1998, to provide for an orderly transition of authority under this act."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senator Morton to Substitute Senate Bill No. 6204.
The motion by Senator Morton carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Morton, the following title amendment was adopted:
On page 1, line 1 of the title, after "identification;" strike the remainder of the title and insert "amending RCW 16.57.010, 16.57.015, 16.57.020, 16.57.030, 16.57.040, 16.57.070, 16.57.080, 16.57.090, 16.57.100, 16.57.105, 16.57.110, 16.57.120, 16.57.130, 16.57.140, 16.57.150, 16.57.160, 16.57.165, 16.57.170, 16.57.180, 16.57.200, 16.57.210, 16.57.220, 16.57.230, 16.57.240, 16.57.260, 16.57.270, 16.57.275, 16.57.280, 16.57.290, 16.57.300, 16.57.310, 16.57.320, 16.57.330, 16.57.340, 16.57.350, 16.57.360, 16.57.370, 16.57.380, 16.57.400, 16.57.407, 16.57.410, 16.57.420, 16.58.020, 16.58.030, 16.58.040, 16.58.050, 16.58.060, 16.58.070, 16.58.080, 16.58.095, 16.58.100, 16.58.110, 16.58.120, 16.58.140, 16.58.150, 16.58.160, 16.65.010, 16.65.050, 16.65.090, 16.65.100, 16.65.110, and 16.04.025; reenacting and amending RCW 41.06.070; adding new sections to chapter 16.57 RCW; adding new sections to chapter 16.49 RCW; adding a new section to chapter 16.65 RCW; creating new sections; repealing RCW 16.58.130; repealing 1997 c 356 s 3; repealing 1997 c 356 s 5; repealing 1997 c 356 s 9; repealing 1997 c 356 s 11; prescribing penalties; and providing an effective date."
On motion of Senator Morton, the rules were suspended, Engrossed Substitute Senate Bill No. 6204 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6204.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6204 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 6; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Franklin, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 42. Voting nay: Senators Fairley, Fraser, Kohl, Spanel, Thibaudeau and Wojahn - 6. Excused: Senator Finkbeiner - 1. ENGROSSED SUBSTITUTE SENATE BILL NO. 6204, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6354, by Senators Deccio, Wojahn, Benton, Thibaudeau, Wood, Franklin, Sellar, West, Hale, Anderson, Kohl, Winsley, Haugen, Patterson and Goings
Requiring that moneys received through settlements with the tobacco industry be deposited into the health services account.
MOTIONS
On motion of Senator West, Substitute Senate Bill No. 6354 was substituted for Senate Bill No. 6354 and the substitute bill was placed on second reading and read the second time.
Senator West moved that the following amendment by Senators West, Deccio and McDonald be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 43.79 RCW to read as follows:
(1) The legislature recognizes that the sale of tobacco products in the state has resulted in significant damage to the public health of the state. In any legal action, or settlement thereof, by the state of Washington against tobacco companies for damages for injuries to the public health for violation of state and federal consumer protection and antitrust laws and to recover moneys for tobacco-related health care costs, and to the maximum extent permitted by court order, negotiated settlement, or federal law, the proceeds received by the state, exclusive of costs and fees, shall be subject to legislative appropriation and shall be deposited in:
(a) The education enhancement account, which is created in the state treasury. Moneys in the account may be spent only after appropriation and may be used exclusively for enhancing and improving the common school system of the state. Moneys in the account shall not be used to (i) replace or supplant existing state funding, (ii) meet the state's constitutional obligation to provide for basic education programs under chapter 28A.150 RCW, or (iii) increase the compensation and benefits of personnel in the common schools; and
(b) The health services account established by RCW 43.72.900. Moneys deposited in the health services account under this section may be used exclusively for funding the enrollment of eligible persons in the basic health plan under chapter 70.47 RCW, including funding a smoking cessation benefit in the basic health plan.
(2) The proceeds identified in subsection (1) of this section shall be divided equally between the two accounts specified in subsection (1) of this section except (a) as otherwise required by federal law, or (b) as the court determines essential to provide appropriate damages and other relief to the parties to the litigation.
(3) In any legal action, or settlement thereof, by the state of Washington to recover damages for health care costs and for other tobacco-related injuries to the public health, including antitrust and consumer protection violations, the attorney general shall seek a legal resolution of the action that is consistent with and maximizes the effect of this section.
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."
MOTION
Senator Tim Sheldon moved that the following amendment by Senators Tim Sheldon, West and Deccio to the striking amendment by Senators West, Deccio and McDonald be adopted:
On page 1, line 22 of the amendment, after "state" insert ", including alcohol, tobacco, and drug abuse awareness and prevention programs targeted at youths"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Tim Sheldon, West and Deccio on page 1, line 22, to the striking amendment by Senators West, Deccio and McDonald to Substitute Senate Bill No. 6354.
The motion by Senator Tim Sheldon carried and the amendment to the striking amendment was adopted.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators West, Deccio and McDonald, as amended, to Substitute Senate Bill No. 6354.
Debate ensued.
The motion by Senator West carried and the striking amendment, as amended, was adopted.
MOTION
On motion of Senator West, the rules were suspended, Engrossed Substitute Senate Bill No. 6354 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6354.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6354 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 25. Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Prince, Rasmussen, Sheldon, B., Sheldon, T., Snyder, Spanel, Thibaudeau and Wojahn - 24. ENGROSSED SUBSTITUTE SENATE BILL NO. 6354, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6717, by Senators West, Prince and Hale
Providing for the transfer of the Spokane Riverpoint campus to Washington State University and eliminating the joint center for higher education.
MOTIONS
On motion of Senator West, Substitute Senate Bill No. 6717 was substituted for Senate Bill No. 6717 and the substitute bill was placed on second reading and read the second time.
Senator West moved that the following amendment by Senators West and Prince be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The higher education coordinating board shall manage an assessment that determines the current higher education resources of the greater Spokane area and the current and future capital and programmatic higher education needs of the Spokane area, including the balance among anticipated, unmet, and fully met higher education needs. This assessment shall be coordinated with an economic analysis of the greater Spokane area.
(2) The higher education coordinating board, in coordination with the office of financial management, the employment security department, and the department of community, trade, and economic development, shall oversee the administration of an economic assessment of the greater Spokane area. This assessment shall reference previous economic studies of the greater Spokane area and include:
(a) Input from Spokane area civic leaders as well as the higher education and business communities;
(b) An evaluation of the current economic situation in the greater Spokane area and potential sectors and subsectors for significant job expansion;
(c) An analysis of the possible transformation of the economic base toward high technology and opportunities for industries producing higher wages; and
(d) An evaluation of the basic and applied research resources and needs of the present and future economy of the area.
(3) The assessments in subsections (1) and (2) of this section shall be completed by July 1, 1998, and a final report submitted to the higher education and fiscal committees of the legislature by October 1, 1998.
(4) By December 1, 1998, based on the findings of the assessments in subsections (1) and (2) of this section, the higher education coordinating board shall evaluate and develop a plan for the disposition of the Eastern Washington University Spokane Center Building.
(5)(a) By December 1, 1998, based on the findings of the assessments in subsections (1) and (2) of this section, Washington State University shall develop and deliver to the higher education coordinating board for approval a plan for the management of the Riverpoint Higher Education Park, excluding the land and the Spokane Intercollegiate Research and Technology Institute, that includes:
(i) Capital facilities maintenance and development;
(ii) Coordination of upper-division course offerings; and
(iii) The coordination of graduate programs in Spokane.
(b) In developing the plan in this subsection (5), Washington State University should:
(i) Assume that Eastern Washington University students enrolled in Eastern Washington University courses will pay Eastern Washington University tuition rates; and
(ii) Emphasize and implement a maximum level of collaboration and partnerships by Eastern Washington University and Washington State University at the Riverpoint Higher Education Park.
(c) Washington State University shall submit a preliminary plan to the higher education coordinating board by September 1, 1998, and a final plan to the higher education coordinating board and the office of financial management by December 31, 1998. The plan shall incorporate, but not be limited to:
(i) Relocation of all Spokane-based upper-division and graduate course offerings and academic programs offered by public universities in the city of Spokane to the Riverpoint Higher Education Park, using existing and planned structures at the Riverpoint Higher Education Park; and
(ii) A plan to establish an intercollegiate center for applied health sciences and a health sciences consortium that would replace and be modeled on the intercollegiate center for nursing education. The intercollegiate center for applied health sciences and the health sciences consortium shall include, but not be limited to, programs offered through the intercollegiate center for nursing education and public and private institutions. Programs offered at Eastern Washington University in physical therapy, communication disorders, nursing, and dental hygiene shall continue to be offered by Eastern Washington University.
(6) Eastern Washington University, in consultation with the higher education coordinating board, shall write a new mission statement and operations plan for Eastern Washington University as a comprehensive, Cheney-based public baccalaureate institution. The draft mission statement and plan shall be submitted to the higher education coordinating board by September 1, 1998, and a final mission statement and plan shall be submitted to the higher education coordinating board for approval by December 31, 1998. The academic mission and plan shall include, but not be limited to the following elements:
(a) Identify those academic centers of excellence on which Eastern Washington University should focus, build, and expand in order to enhance its enrollment and reaffirm its reputation for academic excellence;
(b) Reflect that programs in physical therapy, communications disorders, nursing, and dental hygiene continue to be offered through Eastern Washington University in Spokane;
(c) Include a requirement that Eastern Washington University identify and report to the higher education coordinating board program offerings in Spokane that should be returned to the Cheney campus, discontinued, or continued to be offered in Spokane because of documented demand, unique partnerships, demonstrated efficiency, and other considerations. The draft of the report shall be submitted to the higher education coordinating board by September 1, 1998, and the final report shall be submitted to the higher education coordinating board by December 31, 1998;
(d) Ensure that every effort is made to protect the academic interests of and minimize adverse impacts on Eastern Washington University students;
(e) Describe and target Eastern Washington University's primary student audience;
(f) Ensure that Eastern Washington University's admission standards complement the primary student audience;
(g) Describe circumstances under which it is appropriate for Eastern Washington University programs to serve nonprimary students;
(h) Establish projected enrollment levels for Eastern Washington University that reflect the needs of a comprehensive university and that account for the demographic qualities and growth patterns associated with the areas from which Eastern Washington University draws its students;
(i) Describe how Eastern Washington University's enrollment levels will be consistent with state enrollment levels;
(j) Develop financial projections for serving these reconfigured enrollment levels; and
(k) Analyze and review all capital and capacity information regarding the Eastern Washington University Cheney campus, with particular attention to the current state of the existing physical plant and to the realistic enrollment capacity of the campus.
NEW SECTION. Sec. 2. On July 1, 1998, title to or all interest in real estate and other assets, including but not limited to assignable contracts, cash equipment, buildings, facilities, and appurtenances related to Riverpoint park, except for the area of real property defined as the approximate two and one-half acres bounded by the Spokane river, Trent Avenue, and Riverpoint Boulevard that is reserved for the Spokane intercollegiate research and technology institute and its expansion shall be transferred from the joint center for higher education to Washington State University.
NEW SECTION. Sec. 3. A new section is added to chapter 28B.35 RCW to read as follows:
Housing or a housing allowance may only be provided for the president of a public four-year institution of higher education who resides in the location where the institution is designated under RCW 28B.20.010, 28B.30.010, 28B.35.010, and 28B.40.010.
Sec. 4. RCW 28B.10.029 and 1996 c 110 s 5 are each amended to read as follows:
(1) An institution of higher education may exercise independently those powers otherwise granted to the director of general administration in chapter 43.19 RCW in connection with the purchase and disposition of all material, supplies, services, and equipment needed for the support, maintenance, and use of the respective institution of higher education. Property disposition policies followed by institutions of higher education shall be consistent with policies followed by the department of general administration. Purchasing policies and procedures followed by institutions of higher education shall be in compliance with chapters 39.19, 39.29, and 43.03 RCW, and RCW 43.19.1901, 43.19.1906, 43.19.1911, 43.19.1917, 43.19.1937, 43.19.534, 43.19.685, 43.19.700 through 43.19.704, and 43.19.550 through 43.19.637. The community and technical colleges shall comply with RCW 43.19.450. Except for the University of Washington, institutions of higher education shall comply with RCW 43.19.1935, 43.19.19363, and 43.19.19368. If an institution of higher education can satisfactorily demonstrate to the director of the office of financial management that the cost of compliance is greater than the value of benefits from any of the following statutes, then it shall be exempt from them: RCW 43.19.685; 43.19.534; and 43.19.637. Any institution of higher education that chooses to exercise independent purchasing authority for a commodity or group of commodities shall notify the director of general administration. Thereafter the director of general administration shall not be required to provide those services for that institution for the duration of the general administration contract term for that commodity or group of commodities.
(2) An institution of higher education may exercise independently those powers otherwise granted to the public printer in chapter 43.78 RCW in connection with the production or purchase of any printing and binding needed by the respective institution of higher education. Purchasing policies and procedures followed by institutions of higher education shall be in compliance with chapter 39.19 RCW. Any institution of higher education that chooses to exercise independent printing production or purchasing authority shall notify the public printer. Thereafter the public printer shall not be required to provide those services for that institution.
(((3) For the purposes of this section, an "institution of higher education" shall include the joint center for higher education created in chapter 28B.25 RCW when the joint center for higher education is contracting with another institution of higher education that is acting as the sole agent for purchasing and disposing of material, supplies, services, and equipment, and for procuring printing or binding services.))
Sec. 5. RCW 28B.45.050 and 1991 c 205 s 11 are each amended to read as follows:
Washington State University ((and Eastern Washington University are)) is responsible for providing upper-division and graduate level higher education programs to the citizens of ((the)) Spokane ((area)), under rules or guidelines adopted by the ((joint center for higher education. However, before any degree is authorized under this section it shall be subject to the review and approval of the)) higher education coordinating board. Washington State University shall meet ((its)) that responsibility through the operation of a branch campus in ((the)) Spokane ((area. Eastern Washington University shall meet its responsibility through the operation of programs and facilities in Spokane)).
Sec. 6. RCW 28B.130.020 and 1997 c 273 s 2 are each amended to read as follows:
(1) The governing board of an institution of higher education as defined in RCW 28B.10.016 may impose either a voluntary or a mandatory transportation fee on employees and on students at the institution. The board of ((the joint center for higher education under chapter 28B.25 RCW)) regents of Washington State University may impose either a voluntary or a mandatory transportation fee on faculty and staff working at the Riverpoint higher education park and on students attending classes there. The transportation fee shall be used solely to fund transportation demand management programs that reduce the demand for campus and neighborhood parking, and promote alternatives to single-occupant vehicle driving. If the board charges a mandatory transportation fee to students, it shall charge a mandatory transportation fee to employees. The transportation fee for employees may exceed, but shall not be lower than the transportation fee charged to students. The transportation fee for employees may be deducted from the employees' paychecks. The transportation fee for students may be imposed annually, or each academic term. For students attending community colleges and technical colleges, the mandatory transportation fee shall not exceed sixty percent of the maximum rate permitted for services and activities fees at community colleges, unless, through a vote, a majority of students consent to increase the transportation fee. For students attending four-year institutions of higher education or classes at the Riverpoint higher education park, the mandatory transportation fee shall not exceed thirty-five percent of the maximum rate permitted for services and activities fees at the institution where the student is enrolled unless, through a vote, a majority of students consents to increase the transportation fee. The board may make a limited number of exceptions to the fee based on a policy adopted by the board.
(2) The board of ((the joint center for higher education under chapter 28B.25 RCW)) regents of Washington State University shall not impose a transportation fee on any student who is already paying a transportation fee to the institution of higher education in which the student is enrolled.
Sec. 7. RCW 43.01.236 and 1997 c 273 s 3 are each amended to read as follows:
All institutions of higher education as defined under RCW 28B.10.016 ((and the joint center for higher education under chapter 28B.25 RCW)) are exempt from the requirements under RCW 43.01.240.
NEW SECTION. Sec. 8. The following acts or parts of acts are each repealed:
(1) RCW 28B.25.010 and 1991 c 205 s 2 & 1985 c 370 s 97;
(2) RCW 28B.25.020 and 1996 c 110 s 1, 1991 c 205 s 3, 1989 1st ex.s. c 7 s 11, & 1985 c 370 s 98;
(3) RCW 28B.25.030 and 1996 c 110 s 2, 1991 c 205 s 4, & 1985 c 370 s 99;
(4) RCW 28B.25.033 and 1996 c 110 s 6 & 1991 c 205 s 5;
(5) RCW 28B.15.037 and 1991 c 205 s 6;
(6) RCW 28B.25.040 and 1991 c 205 s 7 & 1985 c 370 s 100;
(7) RCW 28B.25.050 and 1991 c 205 s 8 & 1985 c 370 s 101;
(8) RCW 28B.25.070 and 1991 c 205 s 9;
(9) RCW 28B.25.075 and 1997 c 273 s 1;
(10) RCW 28B.25.090 and 1996 c 110 s 3;
(11) RCW 28B.25.100 and 1996 c 110 s 4; and
(12) RCW 28B.25.900 and 1991 c 205 s 13.
NEW SECTION. Sec. 9. Section 5 of this act takes effect January 1, 1999.
NEW SECTION. Sec. 10. Section 1 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
MOTION
Senator Brown moved that the following amendments to the striking amendment by Senators West and Prince be considered simultaneously and be adopted:
On page 2 of the amendment, line 25, strike "(i)"
On page 2 of the amendment, line 29, after "Park" strike all the material down to and including "University." on page 2, line 39
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Brown on page 2, lines 25 and 29, to the striking amendment by Senators West and Prince to Substitute Senate Bill No. 6717.
The motion by Senator Brown failed and the amendments to the striking amendment were not adopted.
MOTION
Senator Jacobsen moved that the following amendment to the striking amendment by Senators West and Prince be adopted:
On page 4 of the amendment, after line 17, strike all the material down to and including "28B.40.010." on line 23
Renumber the sections consecutively and correct any internal references accordingly.
Debate ensued.
POINT OF INQUIRY
Senator Spanel: “Senator West, this particular section pertains to all universities. Is that correct?”
Senator West: “Yes, Senator Spanel, it does.”
Further debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Jacobsen on page 4, after line 17, to the striking amendment by Senators West and Prince to Substitute Senate Bill No. 6717.
The motion by Senator Jacobsen failed and the amendment to the striking amendment was not adopted.
MOTION
Senator Brown moved that the following amendment to the striking amendment by Senators West and Prince be adopted:
On page 4, after line 23 of the amendment, strike all the material down to and including "1999." on page 7, line 30
Renumber the sections consecutively and correct any internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Brown on page 4, after line 23, to the striking amendment by Senators West and Prince to Substitute Senate Bill No. 6717.
The motion by Senator Brown failed and the amendment to the striking amendment was not adopted.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators West and Prince to Substitute Senate Bill No. 6717.
The motion by Senator West carried and the striking amendment was adopted.
MOTIONS
On motion of Senator West, the following title amendment was adopted:
On page 1, line 1 of the title, after "education;" strike the remainder of the title and insert "amending RCW 28B.10.029, 28B.45.050, 28B.130.020, and 43.01.236; adding a new section to chapter 28B.35 RCW; creating new sections; repealing RCW 28B.25.010, 28B.25.020, 28B.25.030, 28B.25.033, 28B.15.037, 28B.25.040, 28B.25.050, 28B.25.070, 28B.25.075, 28B.25.090, 28B.25.100, and 28B.25.900; providing an effective date; and declaring an emergency."
On motion of Senator West, the rules were suspended, Engrossed Substitute Senate Bill No. 6717 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6717.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6717 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 21; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 28. Voting nay: Senators Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Snyder, Spanel, Thibaudeau and Wojahn - 21. ENGROSSED SUBSTITUTE SENATE BILL NO. 6717, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6474, by Senators Jacobsen, Rasmussen, Kline, T. Sheldon, Patterson and Fairley (by request of Governor Locke)
Adopting the fertilizer regulation act.
MOTIONS
On motion of Senator Morton, Substitute Senate Bill No. 6474 was substituted for Senate Bill No. 6474 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Morton, the rules were suspended, Substitute Senate Bill No. 6474 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 Senate Bill No. 6474.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6474 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 11; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 38. Voting nay: Senators Brown, Fairley, Franklin, Fraser, Kline, Kohl, McAuliffe, Patterson, Spanel, Thibaudeau and Wojahn - 11. SUBSTITUTE SENATE BILL NO. 6474, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6316, by Senators Zarelli and Kline
Revising procedures for discovery in actions or proceedings for damages against the state.
MOTIONS
On motion of Senator Zarelli, Substitute Senate Bill No. 6316 was substituted for Senate Bill No. 6316 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Zarelli, the rules were suspended, Substitute Senate Bill No. 6316 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6316.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6316 and the bill passed the Senate by the following vote: Yeas, 36; Nays, 13; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Hale, Hargrove, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Sheldon, T., Snyder, Stevens, Strannigan, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 36. Voting nay: Senators Fairley, Franklin, Fraser, Goings, Haugen, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Spanel and Thibaudeau - 13. SUBSTITUTE SENATE BILL NO. 6316, 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 Franklin, Senator Prentice was excused.
SECOND READING
SENATE BILL NO. 6358, by Senators Rossi, Finkbeiner, Brown and Jacobsen (by request of Utilities and Transportation Commission)
Providing the utilities and transportation commission authority to regulate certain pipeline facilities.
MOTIONS
On motion of Senator Rossi, Substitute Senate Bill No. 6358 was substituted for Senate Bill No. 6358 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Rossi, the rules were suspended, Substitute Senate Bill No. 6358 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6358.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6358 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Prentice - 1. SUBSTITUTE SENATE BILL NO. 6358, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6588, by Senators Winsley, Snyder, Kohl, B. Sheldon and Oke
Exempting movie theater snack counters from the stadium tax imposed on restaurants.
The bill was read the second time.
MOTION
On motion of Senator Winsley, the rules were suspended, Senate Bill No. 6588 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6588.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6588 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 47. Voting nay: Senator Thibaudeau - 1. Excused: Senator Prentice - 1. SENATE BILL NO. 6588, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6648, by Senators Schow, Newhouse, Horn and Heavey
Permitting licensing retail alcoholic beverages in which no manufacturers, importers, or wholesaler have an interest.
MOTIONS
On motion of Senator Schow, Substitute Senate Bill No. 6648 was substituted for Senate Bill No. 6648 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Schow, the following amendment by Senators Schow and Heavey was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 66.28.010 and 1997 c 321 s 46 are each amended to read as follows:
(1)(a) No manufacturer, importer, or distributor, or person financially interested, directly or indirectly, in such business; whether resident or nonresident, shall have any financial interest, direct or indirect, in any licensed retail business, unless the retail business is owned by a corporation in which a manufacturer or importer has no direct stock ownership and there are no interlocking officers and directors, the retail license is held by a corporation that is not owned directly or indirectly by a manufacturer or importer, the sales of liquor are incidental to the primary activity of operating the property as a hotel, alcoholic beverages produced by the manufacturer or importer or their subsidiaries are not sold at the licensed premises, and the board reviews the ownership and proposed method of operation of all involved entities and determines that there will not be an unacceptable level of control or undue influence over the operation or the retail licensee; nor shall any manufacturer, importer, or distributor own any of the property upon which such licensed persons conduct their business; nor shall any such licensed person, under any arrangement whatsoever, conduct his or her business upon property in which any manufacturer, importer, or distributor has any interest unless title to that property is owned by a corporation in which a manufacturer has no direct stock ownership and there are no interlocking officers or directors, the retail license is held by ((an independent concessionaire which)) a corporation that is not owned directly or indirectly by the manufacturer ((or property owner)), the sales of liquor are incidental to the primary activity of operating the property either as a hotel or as an amphitheater offering live musical and similar live entertainment activities to the public, alcoholic beverages produced by the manufacturer or any of its subsidiaries are not sold at the licensed premises, and the board reviews the ownership and proposed method of operation of all involved entities and determines that there will not be an unacceptable level of control or undue influence over the operation of the retail licensee. Except as provided in subsection (3) of this section, no manufacturer, importer, or distributor shall advance moneys or moneys' worth to a licensed person under an arrangement, nor shall such licensed person receive, under an arrangement, an advance of moneys or moneys' worth. "Person" as used in this section only shall not include those state or federally chartered banks, state or federally chartered savings and loan associations, state or federally chartered mutual savings banks, or institutional investors which are not controlled directly or indirectly by a manufacturer, importer, or distributor as long as the bank, savings and loan association, or institutional investor does not influence or attempt to influence the purchasing practices of the retailer with respect to alcoholic beverages. No manufacturer, importer, or distributor shall be eligible to receive or hold a retail license under this title, nor shall such manufacturer, importer, or distributor sell at retail any liquor as herein defined. A corporation granted an exemption under this subsection may use debt instruments issued in connection with financing construction or operations of its facilities.
(b) Nothing in this section shall prohibit a licensed domestic brewery or microbrewery from being licensed as a retailer pursuant to chapter 66.24 RCW for the purpose of selling beer or wine at retail on the brewery premises and nothing in this section shall prohibit a domestic winery from being licensed as a retailer pursuant to chapter 66.24 RCW for the purpose of selling beer or wine at retail on the winery premises. Such beer and wine so sold at retail shall be subject to the taxes imposed by RCW 66.24.290 and 66.24.210 and to reporting and bonding requirements as prescribed by regulations adopted by the board pursuant to chapter 34.05 RCW, and beer and wine that is not produced by the brewery or winery shall be purchased from a licensed beer or wine distributor.
(c) Nothing in this section shall prohibit a licensed domestic brewery, microbrewery, domestic winery, or a lessee of a licensed domestic brewer, microbrewery, or domestic winery, from being licensed as a full service restaurant pursuant to chapter 66.24 RCW for the purpose of selling liquor at a full service restaurant premises on the property on which the primary manufacturing facility of the licensed domestic brewer, microbrewery, or domestic winery is located or on contiguous property owned by the licensed domestic brewer, microbrewery, or domestic winery as prescribed by rules adopted by the board pursuant to chapter 34.05 RCW.
(2) Financial interest, direct or indirect, as used in this section, shall include any interest, whether by stock ownership, mortgage, lien, or through interlocking directors, or otherwise. Pursuant to rules promulgated by the board in accordance with chapter 34.05 RCW manufacturers, distributors, and importers may perform, and retailers may accept the service of building, rotating and restocking case displays and stock room inventories; rotating and rearranging can and bottle displays of their own products; provide point of sale material and brand signs; price case goods of their own brands; and perform such similar normal business services as the board may by regulation prescribe.
(3)(a) This section does not prohibit a manufacturer, importer, or distributor from providing services to a special occasion licensee for: (i) Installation of draft beer dispensing equipment or advertising, (ii) advertising, pouring, or dispensing of beer or wine at a beer or wine tasting exhibition or judging event, or (iii) a special occasion licensee from receiving any such services as may be provided by a manufacturer, importer, or distributor. Nothing in this section shall prohibit a retail licensee, or any person financially interested, directly or indirectly, in such a retail licensee from having a financial interest, direct or indirect, in a business which provides, for a compensation commensurate in value to the services provided, bottling, canning or other services to a manufacturer, so long as the retail licensee or person interested therein has no direct financial interest in or control of said manufacturer.
(b) A person holding contractual rights to payment from selling a liquor distributor's business and transferring the license shall not be deemed to have a financial interest under this section if the person (i) lacks any ownership in or control of the distributor, (ii) is not employed by the distributor, and (iii) does not influence or attempt to influence liquor purchases by retail liquor licensees from the distributor.
(c) The board shall adopt such rules as are deemed necessary to carry out the purposes and provisions of subsection (3)(a) of this section in accordance with the administrative procedure act, chapter 34.05 RCW.
(4) A license issued under RCW 66.24.395 does not constitute a retail license for the purposes of this section.
(5) A public house license issued under RCW 66.24.580 does not violate the provisions of this section as to a retailer having an interest directly or indirectly in a liquor-licensed manufacturer.
NEW SECTION. Sec. 2. This act takes effect July 1, 1998."
MOTIONS
On motion of Senator Schow, the following title amendment was adopted:
On page 1, line 3 of the title, after "interest;" strike the remainder of the title and insert "amending RCW 66.28.010; and providing an effective date."
On motion of Senator Schow, the rules were suspended, Engrossed Substitute Senate Bill No. 6648 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6648.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6648 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 3; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45. Voting nay: Senators Brown, Hargrove and Oke - 3. Excused: Senator Prentice - 1. ENGROSSED SUBSTITUTE SENATE BILL NO. 6648, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5309, by Senators Morton and Anderson
Providing excise tax exemptions related to horses.
MOTIONS
On motion of Senator Rasmussen, Substitute Senate Bill No. 5309 was substituted for Senate Bill No. 5309 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Bill No. 5309 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 Senate Bill No. 5309.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5309 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Voting nay: Senator Fraser - 1. Excused: Senator Prentice - 1. SUBSTITUTE SENATE BILL NO. 5309, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6305, by Senators Roach, Long, Rossi, Fraser, Oke and Rasmussen (by request of Joint Committee on Pension Policy)
Providing a death benefit for certain general authority police officers.
The bill was read the second time.
MOTION
Senator Strannigan moved that the following amendment by Senators Strannigan, Roach and Fairley be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 41.40 RCW under the subchapter heading "Plan I" to read as follows:
(1) A one hundred fifty thousand dollar death benefit for general authority police officers shall be paid to the member's estate, or such person or persons, trust, or organization as the member has nominated by written designation duly executed and filed with the department. If there is no designated person or persons still living at the time of the member's death, the member's death benefit shall be paid to the member's surviving spouse as if in fact the spouse had been nominated by written designation, or if there is no surviving spouse, then to the member's legal representatives.
(2) Subject to subsection (3) of this section, the benefit under this section shall be paid only where death occurs as a result of injuries sustained in the course of employment as a general authority police officer. 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.
(3) The benefit under this section shall not be paid in the event the member was in the act of committing a felony when the fatal injuries were suffered.
NEW SECTION. Sec. 2. The purpose of sections 2 through 5 of this act is to clarify that the intent of the legislature in enacting RCW 41.20.060, insofar as that section provides benefits to members for disabilities incurred in the line of duty, was to provide a statute in the nature of a workers' compensation act that provides compensation to employees for personal injuries incurred in the course of employment. Accordingly this act amends and divides RCW 41.20.060 into two separate sections. Section 3 of this act clarifies and emphasizes the legislature's intent that the disability benefits granted by RCW 41.20.060, as amended, are granted only to those members who become disabled by any injury or incapacity that is incurred in the line of duty. Section 4 of this act continues to provide disability retirement benefits to members who become disabled by an injury or incapacity not incurred in the line of duty.
Sec. 3. RCW 41.20.060 and 1973 1st ex.s. c 181 s 4 are each amended to read as follows:
Whenever any person, while serving as a policeman in any such city becomes physically disabled by reason of any bodily injury received in the immediate or direct performance or discharge of his duties as a policeman, or becomes incapacitated for service on account of any duty connected disability, such incapacity not having been caused or brought on by dissipation or abuse, of which the board shall be judge, the board may, upon his written request filed with the secretary, or without such written request, if it deems it to be for the benefit of the public, retire such person from the department, and order and direct that he be paid from the fund during his lifetime, a pension equal to fifty percent of the amount of salary at any time hereafter attached to the position which he held in the department at the date of his retirement, but not to exceed an amount equivalent to fifty percent of the salary of captain except as to a position higher than that of captain held for at least three calendar years prior to the date of retirement in which case as to such position the provisions of RCW 41.20.050 shall apply, and all existing pensions shall be increased to not less than three hundred dollars per month as of April 25, 1973: PROVIDED, That where, at the time of retirement hereafter for duty connected disability under this section, such person has served honorably for a period of more than twenty-five years as a member, in any capacity, of the regularly constituted police department of a city subject to the provisions of this chapter, the foregoing percentage factors to be applied in computing the pension payable under this section shall be increased by two percent of his salary per year for each full year of such additional service to a maximum of five additional years.
Whenever such disability ceases, the pension shall cease, and such person shall be restored to active service at the same rank he held at the time of his retirement, and at the current salary attached to said rank at the time of his return to active service.
Disability benefits provided for by this chapter shall not be paid when the policeman is disabled while he is engaged for compensation in outside work not of a police or special police nature.
NEW SECTION. Sec. 4. A new section is added to chapter 41.20 RCW to read as follows:
Whenever any person, while serving as a policeman in any such city becomes physically disabled by reason of any bodily injury not incurred in the line of duty, or becomes incapacitated for service, such incapacity not having been caused or brought on by dissipation or abuse, of which the board shall be judge, the board may, upon his written request filed with the secretary, or without such written request, if it deems it to be for the benefit of the public, retire such person from the department, and order and direct that he be paid from the fund during his lifetime, a pension equal to fifty percent of the amount of salary at any time hereafter attached to the position which he held in the department at the date of his retirement, but not to exceed an amount equivalent to fifty percent of the salary of captain, except as to a position higher than that of captain held for at least three calendar years prior to the date of retirement, in which case as to such position the provisions of RCW 41.20.050 shall apply, and all existing pensions shall be increased to not less than three hundred dollars per month as of April 25, 1973: PROVIDED, That where, at the time of retirement hereafter for disability under this section, such person has served honorably for a period of more than twenty-five years as a member, in any capacity, of the regularly constituted police department of a city subject to the provisions of this chapter, the foregoing percentage factors to be applied in computing the pension payable under this section shall be increased by two percent of his salary per year for each full year of such additional service, to a maximum of five additional years.
Whenever such disability ceases, the pension shall cease, and such person shall be restored to active service at the same rank he held at the time of his retirement, and at the current salary attached to said rank at the time of his return to active service.
Disability benefits provided for by this chapter shall not be paid when the policeman is disabled while he is engaged for compensation in outside work not of a police or special police nature.
NEW SECTION. Sec. 5. The provisions of section 3 of this act apply retrospectively to all line of duty disability retirement allowances heretofore granted under chapter 41.20 RCW.
NEW SECTION. Sec. 6. 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 takes effect immediately."
MOTION
On motion of Senator Spanel, the following amendment by Senators Spanel and Long to the striking amendment by Senators Strannigan, Roach and Fairley was adopted:
On page 1, line 9, after "for" insert "members who had the opportunity to transfer to the law enforcement officers' and firefighters' retirement system pursuant to chapter 502, laws of 1993, but elected to remain in the public employees' retirement system,"
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Strannigan, Roach and Fairley, as amended, to Senate Bill No. 6305.
Debate ensued.
MOTION
On motion of Senator Hale, Senator Newhouse was excused.
POINT OF INQUIRY
Senator Loveland: “Senator Strannigan, I am familiar with the original part of it, but the amendment that is on here, could you explain what the amendment does?”
Senator Strannigan: “Well, I tried to in my remarks.”
Senator Loveland: “Well, I listened, but I didn't get it.”
Senator Strannigan: “If that was not satisfactory, why don't I yield to my colleague, Senator Winsley?”
REMARKS BY SENATOR WINSLEY
Senator Winsley: “The amendment--the purpose of this--is to help a retired police officer who was severely injured in 1957, before the LEOFF system. For the last forty years, when he has filed his income tax, he has filed a 1099R which is disability for tax purposes. This last year, he got audited, and something that the city of Tacoma was doing, they ruled that RCW 41.20 did not allow, in his instance, duty disability, because it was prior to the LEOFF system. Although, for forty years, the city of Tacoma has been stamping it as a disability.
“So, this is the purpose of this amendment to clarify for IRS purposes that it is a duty related disability. This does not cost the state anything; he has been receiving this check for forty years--since 1957. Basically, it is a clarity and we had to go through all these sections to gain this purpose. It was the same amendment, Senator, that you might remember that I tried to hang on in Ways and Means and we had some problems.”
Senator Loveland: “Thank you, Senator Winsley. This would be to just solve one problem. Thank you, very much.”
Further debate ensued.
The motion by Senator Strannigan carried and the striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Roach, the following title amendment was adopted:
On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "death and disability benefits for certain general authority police officers; amending RCW 41.20.060; adding a new section to chapter 41.40 RCW; adding a new section to chapter 41.20 RCW; creating new sections; and declaring an emergency."
On motion of Senator Roach, the rules were suspended, Engrossed Senate Bill No. 6305 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6305.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6305 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Goings and Stevens - 2. ENGROSSED SENATE BILL NO. 6305, 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.
PARLIAMENTARY INQUIRY
Senator Johnson: “Mr. President, I rise to a point of parliamentary inquiry. Based upon precedent, would it be the President's opinion that if the Senate has made a measure a special order of business shortly before 5:00 p.m. today and is considering another measure at the time of the special order of business, that the Senate, after having dealt with the special order, might return to that one previous measure notwithstanding the 5:00 p.m. cutoff?”
REPLY BY THE PRESIDENT
President Owen: “The President believes that based on precedent between both Pritchard and Cherberg that we would be able to return to a special order of business. However, the President does also believe that since this question comes up fifteen years out of twenty that it possibly should be placed in the rules from this point forward, so that I don't have to answer it in the future.”
Senator Johnson: “Good advice, Mr. President.”
SPECIAL ORDER OF BUSINESS
On motion of Senator Johnson, Senate Bill No. 6509 will be made a special order of business at 4:55 p.m. today.
SECOND READING
SENATE BILL NO. 6235, by Senators Jacobsen and Kohl
Creating the community athletic facilities council.
MOTIONS
On motion of Senator McCaslin, Second Substitute Senate Bill No. 6235 was substituted for Senate Bill No. 6235 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator McDonald, the following amendment by Senators McDonald, McCaslin and Jacobsen was adopted:
On page 2, beginning on line 4, strike all of NEW SECTION. Sec 2. and insert the following:
"NEW SECTION. Sec. 2 (1) A community outdoor athletic fields advisory committee is established within the interagency committee for outdoor recreation. The committee consists of five members from the public at large, appointed by the governor. The governor must use his or her best efforts to achieve a balance among the appointed members of the public at large based upon factors of geographic, racial, ethnic, and gender diversity, and with a sense and awareness of community outdoor athletic field needs.
(2) The terms of the members shall commence on the date of appointment and shall be for three years, or until a successor is appointed except in the case of appointments to fill vacancies which shall be for the remainder of the unexpired term. However, the first members shall be appointed for terms as follows: Two members for one year and three members for two years. The governor shall appoint one of the members to serve as chair of the council for the duration of the member's term.
(3) Members shall be compensated in accordance with RCW 43.03.240 and shall be entitled to reimbursement individually for travel expenses incurred in performance of their duties as members of the council in accordance with RCW 43.03.050 and 43.03.060."
MOTION
On motion of Senator McCaslin, the rules were suspended, Engrossed Second Substitute Senate Bill No. 6235 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 6235.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6235 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Newhouse and Prentice - 2. ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6235, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6330, by Senators Oke, Jacobsen, Swecker, Spanel, Loveland and Rasmussen
Modifying provisions concerning recreational fish and wildlife licenses.
MOTIONS
On motion of Senator Oke, Second Substitute Senate Bill No. 6330 was substituted for Senate Bill No. 6330 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Oke, the rules were suspended, Second Substitute Senate Bill No. 6330 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTION
On motion of Senator Goings, Senator Fairley was excused.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 6330.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6330 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 44. Voting nay: Senators Bauer, Snyder and Wojahn - 3. Excused: Senators Fairley and Newhouse - 2. SECOND SUBSTITUTE SENATE BILL NO. 6330, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6421, by Senators Schow, Heavey and Winsley (by request of Employment Security Department)
Revising unemployment compensation for persons with public employment contracts.
MOTIONS
On motion of Senator Schow, Substitute Senate Bill No. 6421 was substituted for Senate Bill No. 6421 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Schow, the following amendment by Senators Schow and Heavey was adopted:
On page 3, after line 5, insert the following:
"NEW SECTION. Sec. 2. It is the intent of the legislature to provide taxation relief to those businesses or corporations that have been required to provide unemployment insurance coverage to members of their boards of directors.
Sec. 3. RCW 50.04.165 and 1993 c 290 s 2 are each amended to read as follows:
Services performed by a person appointed as an officer of a corporation under RCW 23B.08.400 or as a member of a board of directors under RCW 23B.08.010, other than those covered by chapter 50.44 RCW, shall not be considered services in employment. However, a corporation may elect to cover not less than all of its corporate officers or board of directors under RCW 50.24.160. If an employer does not elect to cover its corporate officers under RCW 50.24.160, the employer must notify its corporate officers in writing that they are ineligible for unemployment benefits. If the employer fails to notify any corporate officer, then that person shall not be considered to be a corporate officer for the purposes of this section.
NEW SECTION. Sec. 4. 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.
NEW SECTION. Sec. 5. Section 3 of this act applies retroactively to all administrative tax claims currently pending before the employment security department for claims incurred after March 1, 1992, regarding unemployment insurance coverage of members of boards of directors."
Renumber the sections consecutively and correct any internal references accordingly.
MOTIONS
On motion of Senator Schow, the following title amendments were considered simultaneously and adopted:
On page 1, line 2 of the title, after "50.04.320" insert "and 50.04.165"
On page 1, beginning on line 2 of the title, after "creating" strike "a new section" and insert "new sections"
On motion of Senator Schow, the rules were suspended, Engrossed Substitute Senate Bill No. 6421 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Heavey: “Senator Schow, it is my understanding that the language of this bill does not apply to employees under a collective bargaining agreement or employees at will. Is that a correct understanding?”
Senator Schow: “Senator Heavey, your understanding of this bill is correct. The language of this bill only applies to employees who have a personal employment contract with an employer.”
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6421.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6421 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Newhouse - 1. ENGROSSED SUBSTITUTE SENATE BILL NO. 6421, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6461, by Senators Prince, Haugen, Wood, Winsley, Heavey, Loveland, Snyder, Kohl, Jacobsen, Patterson, Prentice, Thibaudeau, Franklin, Spanel, McAuliffe, Goings, Fraser, Schow and Rasmussen (by request of Governor Locke)
Creating partnerships for strategic freight investments.
MOTIONS
On motion of Senator Prince, Substitute Senate Bill No. 6461 was substituted for Senate Bill No. 6461 and the substitute bill was placed on second reading and read the second time.
Senator Benton moved that the following amendments by Senators Benton and Prince be considered simultaneously and be adopted:
On page 6, line 6, after "composed of" strike "twelve" and insert "seven"
On page 6, line 8, after "(a)" strike "Two members, one of whom is" and insert "One member"
On page 6, line 10, after "at least" strike "four" and insert "two"
On page 6, beginning on line 12, strike "two members, one of whom is" and insert "one member"
On page 6, line 13, after "at least" strike "four" and insert "two"
On page 6, line 15, after "(c)" strike "two members, one of whom is" and insert "one member"
On page 6, line 17, after "at least" strike "four" and insert "two"
On page 6, line 18, after "its successor;" strike "(d) one member representing the office of financial management;"
On page 6, beginning on line 22, strike "(h) one member representing the steamship industry;"
On page 6, line 30, after "compensation" strike all material through "43.03.060" on line 31, and insert the following: "reimbursement for travel and other expenses shall be provided by each respective organization that a member represents on the board"
Reletter subsections accordingly.
On page 7, after line 2, insert the following:
"NEW SECTION. Sec. 5. A new section is added to chapter 43.131 RCW to read as follows:
The freight mobility strategic investment board and all powers granted under this act shall be terminated on June 30, 2003, unless otherwise extended by act of the legislature."
Correct internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Benton and Prince on page 6, lines 6, 8, 10, 12, 13, 15, 17, 18, 22, 30, and page 7, after line 2, to Substitute Senate Bill No. 6461.
The motion by Senator Benton carried and the amendments were adopted.
MOTION
Senator Benton moved that the following amendment by Senators Benton and Prince be adopted:
On page 7, line 11, after "December 31, 1998." insert
"The plan shall include an assessment of a methodology for administrative cost-sharing among the state, cities, counties, public port districts, and other entities as appropriate."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Benton and Prince on page 7, line 11, to Substitute Senate Bill No. 6461.
The motion by Senator Benton carried and the amendment was adopted.
MOTIONS
Senator Patterson moved that the following amendment by Senators Patterson, Haugen and Horn be adopted:
On page 8, line 25, after "Sec. 9." strike "To the greatest extent practicable, port" and insert "Port"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Patterson, Haugen and Horn on page 8, line 25, to Substitute Senate Bill No. 6461.
The motion by Senator Patterson carried and the amendment was adopted.
MOTIONS
On motion of Senator Prince, the following title amendment was adopted:
On page 1, line 2 of the title, after "47.05.051;" insert "adding a new section to chapter 43.131 RCW;"
On motion of Senator Prince, the rules were suspended, Engrossed Substitute Senate Bill No. 6461 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTION
On motion of Senator Hale, Senator Schow 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. 6461.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6461 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 6; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 42. Voting nay: Senators Fairley, Finkbeiner, Heavey, Jacobsen, Thibaudeau and Wojahn - 6. Excused: Senator Schow - 1. ENGROSSED SUBSTITUTE SENATE BILL NO. 6461, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6231, by Senators Hargrove, Anderson, Snyder, Swecker, T. Sheldon, Oke and Goings
Limiting the near-term growth of the natural area preserve program, and providing for a study of the program.
MOTIONS
On motion of Senator Hargrove, Substitute Senate Bill No. 6231 was substituted for Senate Bill No. 6231 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Hargrove, the following amendment by Senators Hargrove, Oke and Jacobsen was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The department of natural resources shall not adopt a new management plan pertaining to any natural area preserves in Grays Harbor county and Pacific county before January 10, 1999.
NEW SECTION. Sec. 2. The senate natural resources and parks committee shall study the following aspects of the natural area preserves program created under chapter 79.70 RCW:
(1) The potential impact, if any, of defining natural area preserve boundaries which encompass land that has not yet been purchased for the program;
(2) The correlation between the goals and purposes of the natural area preserve program and the natural resource conservation area program and the potential integration of the two programs in selected areas;
(3) The current procedures that ensure the adequacy of local public input concerning natural area preserve boundaries and management;
(4) The criteria and scientific methods used to ensure that natural area preserves fulfill the purposes of the program."
MOTION
On motion of Senator Hargrove, the rules were suspended, Engrossed Substitute Senate Bill No. 6231 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6231.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6231 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 46. Voting nay: Senators Fairley and Thibaudeau - 2. Excused: Senator Schow - 1. ENGROSSED SUBSTITUTE SENATE BILL NO. 6231, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5517, by Senators Wood, Kohl, Bauer, Patterson, Winsley, Brown, Goings, Fraser, Loveland, Benton, Sellar, Franklin and Oke
Requiring one student member on each state institution of higher education's governing board.
MOTIONS
On motion of Senator Wood, Substitute Senate Bill No. 5517 was substituted for Senate Bill No. 5517 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Wood, the rules were suspended, Substitute Senate Bill No. 5517 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5517.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5517 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 18; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Benton, Brown, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Horn, Jacobsen, Kline, Kohl, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Sellar, Sheldon, T., Snyder, Swecker, Thibaudeau, Winsley, Wojahn and Wood - 31. Voting nay: Senators Anderson, Deccio, Heavey, Hochstatter, Johnson, Long, McCaslin, Newhouse, Prince, Roach, Rossi, Schow, Sheldon, B., Spanel, Stevens, Strannigan, West and Zarelli - 18. SUBSTITUTE SENATE BILL NO. 5517, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the President advanced the Senate to the seventh order of business.
THIRD READING
SUBSTITUTE SENATE BILL NO. 5098, by Senate Committee on Ways and Means (originally sponsored by Senators Loveland, B. Sheldon, Snyder, Fairley and Kohl)
Changing provisions relating to bond debt service payments from the community and technical college capital projects account.
MOTION
On motion of Senator West, the rules were suspended, Substitute Senate Bill No. 5098 was returned to second reading and read the second time.
MOTION
On motion of Senator West, the following amendment by Senators Loveland and West was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28B.50.360 and 1997 c 42 s 1 are each amended to read as follows:
Within thirty-five days from the date of start of each quarter all collected building fees of each such community and technical college shall be paid into the state treasury, and shall be credited as follows:
(1) On or before June 30th of each year the college board if issuing bonds payable out of building fees shall certify to the state treasurer the amounts required in the ensuing twelve-month period to pay and secure the payment of the principal of and interest on such bonds. The state treasurer shall thereupon deposit the amounts so certified in the community and technical college capital projects account. Such amounts of the funds deposited in the community and technical college capital projects account as are necessary to pay and secure the payment of the principal of and interest on the building bonds issued by the college board as authorized by this chapter shall be exclusively devoted to that purpose. If in any twelve-month period it shall appear that the amount certified by the college board is insufficient to pay and secure the payment of the principal of and interest on the outstanding building bonds, the state treasurer shall notify the college board and such board shall adjust its certificate so that all requirements of moneys to pay and secure the payment of the principal and interest on all such bonds then outstanding shall be fully met at all times.
(2) The community and technical college capital projects account is hereby created in the state treasury. The sums deposited in the capital projects account shall be appropriated and expended exclusively to pay and secure the payment of the principal of and interest on bonds payable out of the building fees and for the construction, reconstruction, erection, equipping, maintenance, demolition and major alteration of buildings and other capital assets owned by the state board for community and technical colleges in the name of the state of Washington, and the acquisition of sites, rights-of-way, easements, improvements or appurtenances in relation thereto, and for the payment of principal of and interest on any bonds issued for such purposes.
(((3) Notwithstanding the provisions of subsections (1) and (2) of this section, at such time as all outstanding building bonds of the college board payable from the community and technical college capital projects account have been paid, redeemed, and retired, or at such time as ample provision has been made by the state for full payment, from some source other than the community and technical college capital projects account, of the principal of and the interest on and call premium, if applicable, of such bonds as they mature and/or upon their call prior to their maturity, through refunding or otherwise, that portion of all building fees of the community and technical colleges equal to the amount required to pay yearly debt service on any general obligation bonds issued by the state in accordance with Article VIII, section 1, Washington state Constitution, for community and technical college purposes, shall be paid into the general fund of the state treasury. The state finance committee shall determine whether ample provision has been made for payment of such bonds payable from the community and technical college capital projects account and shall determine the amount required to pay yearly debt service on such general obligation bonds of the state. Nothing in this subsection shall be construed as obligating the legislature or the state to provide for payment of such college building bonds from some source other than the community and technical college capital projects account or as pledging the general credit of the state to the payment of such bonds.))
Sec. 2. 1997 c 235 s 709 (uncodified) is amended to read as follows:
Notwithstanding any other provisions of law, ((for the 1997-99 biennium,)) transfers of reimbursement by the state treasurer to the general fund from the community college capital projects account for debt service payments made under Title 28B RCW shall occur only after such debt service payment has been made and only to the extent that funds are actually available to the account. Any ((unpaid reimbursements shall be a continued obligation against the community college capital projects account until paid)) reimbursements unpaid as of June 30, 1998, are hereby forgiven. The state board for community and technical colleges need not accumulate any specific balance in the community college capital projects account in anticipation of transfers to reimburse the general fund.
NEW SECTION. Sec. 3. 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 takes effect immediately."
MOTIONS
On motion of Senator West, the following title amendment was adopted:
On page 1, line 2 of the title, after "account;" strike the remainder of the title and insert "amending RCW 28B.50.360; amending 1997 c 235 s 709 (uncodified); and declaring an emergency."
On motion of Senator West, the rules were suspended, Engrossed Substitute Senate Bill No. 5098 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5098.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5098 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49. ENGROSSED SUBSTITUTE SENATE BILL NO. 5098, 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 Johnson, the Senate returned to the sixth order of business.
SECOND READING
SENATE BILL NO. 6328, by Senators Oke, Jacobsen and Swecker (by request of Department of Fish and Wildlife)
Enacting the fish and wildlife code enforcement.
MOTIONS
On motion of Senator Oke, Substitute Senate Bill No. 6328 was substituted for Senate Bill No. 6328 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Oke, the following amendment by Senators Hargrove and Oke was adopted:
On page 33, line 38, delete "reason" and insert "probable cause"
MOTION
On motion of Senator Oke, the rules were suspended, Engrossed Substitute Senate Bill No. 6328 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6328.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6328 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49. ENGROSSED SUBSTITUTE SENATE BILL NO. 6328, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6600, by Senators T. Sheldon, Hochstatter, Long, Kohl, Oke and Winsley (by request of Superintendent of Public Instruction Bergeson)
Establishing an education program for juveniles incarcerated in adult correctional facilities.
MOTIONS
On motion of Senator Hochstatter, Substitute Senate Bill No. 6600 was substituted for Senate Bill No. 6600 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Hochstatter, the following amendment by Senators Tim Sheldon, Hochstatter, Long and McAuliffe was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature intends to provide for the operation of education programs for the department of corrections' juvenile inmates. School districts, educational service districts, or any combination thereof should be the primary providers of the education programs. However, the legislature does not intend to preclude community and technical colleges, four-year institutions of higher education, or other qualified entities from contracting to provide all or part of these education programs if no school district or educational service district is willing to operate all or part of the education programs.
The legislature finds that this chapter fully satisfies any constitutional duty to provide education programs for juvenile inmates in adult correctional facilities. The legislature further finds that biennial appropriations for education programs under this chapter amply provide for any constitutional duty to educate juvenile inmates in adult correctional facilities.
NEW SECTION. Sec. 2. Any school district or educational service district may operate all or any portion of an education program for juveniles in accordance with this chapter, notwithstanding the fact the services or benefits provided extend beyond the geographic boundaries of the school district or educational service district providing the service.
NEW SECTION. Sec. 3. The superintendent of public instruction shall solicit an education provider for the department of corrections' juvenile inmates within sixty days as follows:
(1) The superintendent of public instruction shall notify and solicit proposals from all interested and capable school districts, educational service districts, institutions of higher education, private contractors, or any combination thereof. The notice shall describe the proposed education program's requirements and the appropriated amount. The selection of an education provider shall be in the following order:
(a) The school district where there is an educational site for juveniles in an adult correctional facility maintained by the state department of corrections has first priority to operate an education program for inmates at that site. The district may elect to operate an education program by itself or with another school district, educational service district, institution of higher education, private contractor, or any combination thereof. If the school district elects not to exercise its priority, it shall notify the superintendent of public instruction within thirty calendar days of the day of solicitation.
(b) The educational service district where there is an educational site for juveniles in an adult correctional facility maintained by the state department of corrections has second priority to operate an education program for inmates at that site. The educational service district may elect to do so by itself or with a school district, another educational service district, institution of higher education, private contractor, or any combination thereof. If the educational service district elects not to exercise its priority, it shall notify the superintendent of public instruction within forty-five calendar days of the day of solicitation.
(c) If neither the school district nor the educational service district chooses to operate an education program for inmates as provided for in (a) and (b) of this subsection, the superintendent of public instruction may contract with an entity, including, but not limited to, school districts, educational service districts, institutions of higher education, private contractors, or any combination thereof, within sixty calendar days of the day of solicitation. The selected entity may operate an education program by itself or with another school district, educational service district, institution of higher education, or private contractor, or any combination thereof.
(2) If the superintendent of public instruction does not contract with an interested entity within sixty days of the day of solicitation, the educational service district where there is an educational site for juveniles in an adult correctional facility maintained by the state department of corrections shall begin operating the education program for inmates at the site within ninety days from the day of solicitation in subsection (1) of this section.
NEW SECTION. Sec. 4. Except as otherwise provided for by contract under section 7 of this act, the duties and authority of a school district, educational service district, institution of higher education, or private contractor to provide for education programs under this chapter are limited to the following:
(1) Employing, supervising, and controlling administrators, teachers, specialized personnel, and other persons necessary to conduct education programs, subject to security clearance by the department of corrections;
(2) Purchasing, leasing, or renting and providing textbooks, maps, audiovisual equipment, paper, writing instruments, physical education equipment, and other instructional equipment, materials, and supplies deemed necessary by the provider of the education programs;
(3) Conducting education programs for inmates under the age of eighteen in accordance with program standards established by the superintendent of public instruction. The education provider shall develop the curricula, instructional methods, and educational objectives of the education programs, subject to applicable requirements of state and federal law. The department of corrections shall establish behavior standards that govern inmate participation in education programs, subject to applicable requirements of state and federal law;
(4) Students age eighteen who have participated in an education program governed by this chapter may continue in the program with the permission of the department of corrections and the education provider, under the rules adopted by the superintendent of public instruction.
NEW SECTION. Sec. 5. School districts and educational service districts providing an education program to juvenile inmates in an adult corrections facility, notwithstanding that their geographical boundaries do not include the facility, may:
(1) Award appropriate diplomas or certificates to inmates who successfully complete graduation requirements;
(2) Spend only funds appropriated by the legislature and allocated by the superintendent of public instruction for the exclusive purpose of maintaining and operating education programs under this chapter, including direct and indirect costs of maintaining and operating the education programs, and funds from federal and private grants, bequests, and gifts made for that purpose. School districts may not expend excess tax levy proceeds authorized for school district purposes to pay costs incurred under this chapter.
NEW SECTION. Sec. 6. To support each education program under this chapter, the department of corrections and each superintendent or chief administrator of a correction facility shall:
(1) Through construction, lease, or rental of space, provide necessary building and exercise spaces for the education program that is secure, separate, and apart from space occupied by nonstudent inmates;
(2) Through construction, lease, or rental, provide vocational instruction machines; technology and supporting equipment; tools, building, and exercise facilities; and other equipment and fixtures deemed necessary by the department of corrections to conduct the education program;
(3) Provide heat, lights, telephone, janitorial services, repair services, and other support services for the building and exercise spaces, equipment, and fixtures provided under this section;
(4) Employ, supervise, and control security staff to safeguard agents of the education providers and inmates while engaged in educational and related activities conducted under this chapter;
(5) Provide clinical and medical evaluation services necessary for a determination by the education provider of the educational needs of inmates; and
(6) Provide such other support services and facilities as are reasonably necessary to conduct the education program.
NEW SECTION. Sec. 7. Each education provider under this chapter and the department of corrections shall negotiate and execute a written contract for each school year or such longer period as may be agreed to that delineates the manner in which their respective duties and authority will be cooperatively performed and exercised, and any disputes and grievances resolved through mediation, and if necessary, arbitration. Any such contract may provide for the performance of duties by an education provider in addition to those set forth in this chapter, including duties imposed upon the department of corrections and its agents under section 6 of this act if supplemental funding provided by the department of corrections is available to fully pay the direct and indirect costs of these additional duties.
NEW SECTION. Sec. 8. By April 15th of each school year, the department of corrections shall provide written notice to the superintendent of public instruction and education providers operating programs under this chapter of any reasonably foreseeable education site closures, reductions in the number of inmates or education services, or any other cause for a reduction in certificated or classified staff the next school year. In the event the department of corrections fails to provide notice as required by this section, the department is liable and responsible for the payment of the salary and employment-related costs for the next school year of each employee whose contract would or could have been nonrenewed but for the failure of the department to provide notice. Disputes arising under this section shall be resolved in accordance with the alternative dispute resolution method or methods specified in the contract required by section 7 of this act.
NEW SECTION. Sec. 9. The superintendent of public instruction shall:
(1) Allocate money appropriated by the legislature to administer and provide education programs under this chapter to school districts, educational service districts, and other education providers selected under section 3 of this act that have assumed the primary responsibility to administer and provide education programs under this chapter. The allocation of moneys to any private contractor is contingent upon and must be in accordance with a contract between the private contractor and the department of corrections; and
(2) Adopt rules in accordance with chapter 34.05 RCW that establish reporting, program compliance, audit, and such other accountability requirements as are reasonably necessary to implement this chapter and related provisions of the biennial operating act effectively.
Sec. 10. RCW 72.09.460 and 1997 c 338 s 43 are each amended to read as follows:
(1) The legislature intends that all inmates be required to participate in department-approved education programs, work programs, or both, unless exempted under subsection (4) of this section. Eligible inmates who refuse to participate in available education or work programs available at no charge to the inmates shall lose privileges according to the system established under RCW 72.09.130. Eligible inmates who are required to contribute financially to an education or work program and refuse to contribute shall be placed in another work program. Refusal to contribute shall not result in a loss of privileges. The legislature recognizes more inmates may agree to participate in education and work programs than are available. The department must make every effort to achieve maximum public benefit by placing inmates in available and appropriate education and work programs.
(2) The department shall provide access to a program of education to all offenders who are under the age of eighteen and who have not met high school graduation or general equivalency diploma requirements in accordance with chapter 28A.-- RCW (sections 1 through 9 of this act). The program of education established by the department and education provider under section 3 of this act for offenders under the age of eighteen must provide each offender a choice of curriculum that will assist the inmate in achieving a high school diploma or general equivalency diploma. The program of education may include but not be limited to basic education, prevocational training, work ethic skills, conflict resolution counseling, substance abuse intervention, and anger management counseling. The curriculum may balance these and other rehabilitation, work, and training components.
(3) The department shall, to the extent possible and considering all available funds, prioritize its resources to meet the following goals for inmates in the order listed:
(a) Achievement of basic academic skills through obtaining a high school diploma or its equivalent and achievement of vocational skills necessary for purposes of work programs and for an inmate to qualify for work upon release;
(b) Additional work and education programs based on assessments and placements under subsection (5) of this section; and
(c) Other work and education programs as appropriate.
(4) The department shall establish, by rule, objective medical standards to determine when an inmate is physically or mentally unable to participate in available education or work programs. When the department determines an inmate is permanently unable to participate in any available education or work program due to a medical condition, the inmate is exempt from the requirement under subsection (1) of this section. When the department determines an inmate is temporarily unable to participate in an education or work program due to a medical condition, the inmate is exempt from the requirement of subsection (1) of this section for the period of time he or she is temporarily disabled. The department shall periodically review the medical condition of all temporarily disabled inmates to ensure the earliest possible entry or reentry by inmates into available programming.
(5) The department shall establish, by rule, standards for participation in department-approved education and work programs. The standards shall address the following areas:
(a) Assessment. The department shall assess all inmates for their basic academic skill levels using a professionally accepted method of scoring reading, math, and language skills as grade level equivalents. The department shall determine an inmate's education history, work history, and vocational or work skills. The initial assessment shall be conducted, whenever possible, within the first thirty days of an inmate's entry into the correctional system, except that initial assessments are not required for inmates who are sentenced to life without the possibility of release, assigned to an intensive management unit within the first thirty days after entry into the correctional system, are returning to the correctional system within one year of a prior release, or whose physical or mental condition renders them unable to complete the assessment process. The department shall track and record changes in the basic academic skill levels of all inmates reflected in any testing or assessment performed as part of their education programming;
(b) Placement. The department shall follow the policies set forth in subsection (1) of this section in establishing criteria for placing inmates in education and work programs. The department shall, to the extent possible, place all inmates whose composite grade level score for basic academic skills is below the eighth grade level in a combined education and work program. The placement criteria shall include at least the following factors:
(i) An inmate's release date and custody level, except an inmate shall not be precluded from participating in an education or work program solely on the basis of his or her release date;
(ii) An inmate's education history and basic academic skills;
(iii) An inmate's work history and vocational or work skills;
(iv) An inmate's economic circumstances, including but not limited to an inmate's family support obligations; and
(v) Where applicable, an inmate's prior performance in department-approved education or work programs;
(c) Performance and goals. The department shall establish, and periodically review, inmate behavior standards and program goals for all education and work programs. Inmates shall be notified of applicable behavior standards and program goals prior to placement in an education or work program and shall be removed from the education or work program if they consistently fail to meet the standards or goals;
(d) Financial responsibility. (i) The department shall establish a formula by which inmates, based on their ability to pay, shall pay all or a portion of the costs or tuition of certain programs. Inmates shall, based on the formula, pay a portion of the costs or tuition of participation in:
(A) Second and subsequent vocational programs associated with an inmate's work programs; and
(B) An associate of arts or baccalaureate degree program when placement in a degree program is the result of a placement made under this subsection;
(ii) Inmates shall pay all costs and tuition for participation in:
(A) Any postsecondary academic degree program which is entered independently of a placement decision made under this subsection; and
(B) Second and subsequent vocational programs not associated with an inmate's work program.
Enrollment in any program specified in (d)(ii) of this subsection shall only be allowed by correspondence or if there is an opening in an education or work program at the institution where an inmate is incarcerated and no other inmate who is placed in a program under this subsection will be displaced; and
(e) Notwithstanding any other provision in this section, an inmate sentenced to life without the possibility of release:
(i) Shall not be required to participate in education programming; and
(ii) May receive not more than one postsecondary academic degree in a program offered by the department or its contracted providers.
If an inmate sentenced to life without the possibility of release requires prevocational or vocational training for a work program, he or she may participate in the training subject to this section.
(6) The department shall coordinate education and work programs among its institutions, to the greatest extent possible, to facilitate continuity of programming among inmates transferred between institutions. Before transferring an inmate enrolled in a program, the department shall consider the effect the transfer will have on the inmate's ability to continue or complete a program. This subsection shall not be used to delay or prohibit a transfer necessary for legitimate safety or security concerns.
(7) Before construction of a new correctional institution or expansion of an existing correctional institution, the department shall adopt a plan demonstrating how cable, closed-circuit, and satellite television will be used for education and training purposes in the institution. The plan shall specify how the use of television in the education and training programs will improve inmates' preparedness for available work programs and job opportunities for which inmates may qualify upon release.
(8) The department shall adopt a plan to reduce the per-pupil cost of instruction by, among other methods, increasing the use of volunteer instructors and implementing technological efficiencies. The plan shall be adopted by December 1996 and shall be transmitted to the legislature upon adoption. The department shall, in adoption of the plan, consider distance learning, satellite instruction, video tape usage, computer-aided instruction, and flexible scheduling of offender instruction.
(9) Following completion of the review required by section 27(3), chapter 19, Laws of 1995 1st sp. sess. the department shall take all necessary steps to assure the vocation and education programs are relevant to work programs and skills necessary to enhance the employability of inmates upon release.
Sec. 11. RCW 41.59.080 and 1975 1st ex.s. c 288 s 9 are each amended to read as follows:
The commission, upon proper application for certification as an exclusive bargaining representative or upon petition for change of unit definition by the employer or any employee organization within the time limits specified in RCW 41.59.070(3), and after hearing upon reasonable notice, shall determine the unit appropriate for the purpose of collective bargaining. In determining, modifying or combining the bargaining unit, the commission shall consider the duties, skills, and working conditions of the educational employees; the history of collective bargaining; the extent of organization among the educational employees; and the desire of the educational employees; except that:
(1) A unit including nonsupervisory educational employees shall not be considered appropriate unless it includes all such nonsupervisory educational employees of the employer; and
(2) A unit that includes only supervisors may be considered appropriate if a majority of the employees in such category indicate by vote that they desire to be included in such a unit; and
(3) A unit that includes only principals and assistant principals may be considered appropriate if a majority of such employees indicate by vote that they desire to be included in such a unit; and
(4) A unit that includes both principals and assistant principals and other supervisory employees may be considered appropriate if a majority of the employees in each category indicate by vote that they desire to be included in such a unit; and
(5) A unit that includes supervisors and/or principals and assistant principals and nonsupervisory educational employees may be considered appropriate if a majority of the employees in each category indicate by vote that they desire to be included in such a unit; and
(6) A unit that includes only employees in vocational-technical institutes or occupational skill centers may be considered to constitute an appropriate bargaining unit if the history of bargaining in any such school district so justifies; and
(7) Notwithstanding the definition of collective bargaining, a unit that contains only supervisors and/or principals and assistant principals shall be limited in scope of bargaining to compensation, hours of work, and the number of days of work in the annual employment contracts; and
(8) The bargaining unit of certificated employees of school districts, educational service districts, or institutions of higher education that are education providers under chapter 28A.-- RCW (sections 1 through 9 of this act) must be limited to the employees working as education providers to juveniles in each adult correctional facility maintained by the department of corrections and must be separate from other bargaining units in school districts, educational service districts, or institutions of higher education.
NEW SECTION. Sec. 12. A new section is added to chapter 41.56 RCW to read as follows:
This chapter applies to the bargaining unit of classified employees of school districts, educational service districts, or institutions of higher education that are education providers under chapter 28A.-- RCW (sections 1 through 9 of this act). Such bargaining units must be limited to the employees working as education providers to juveniles in each adult correctional facility maintained by the department of corrections and must be separate from other bargaining units in school districts, educational service districts, or institutions of higher education.
Sec. 13. RCW 28A.310.300 and 1990 c 33 s 283 are each amended to read as follows:
In addition to other powers and duties as provided by law, each educational service district superintendent shall:
(1) Assist the school districts in preparation of their budgets as provided in chapter 28A.505 RCW.
(2) Enforce the provisions of the compulsory attendance law as provided in RCW 28A.225.010 through ((28A.225.150)) 28A.225.140, 28A.200.010, and 28A.200.020.
(3) Perform duties relating to capital fund aid by nonhigh districts as provided in chapter 28A.540 RCW.
(4) Carry out the duties and issue orders creating new school districts and transfers of territory as provided in chapter 28A.315 RCW.
(5) Perform the limited duties as provided in chapter 28A.-- RCW (sections 1 through 9 of this act).
(6) Perform all other duties prescribed by law and the educational service district board.
Sec. 14. RCW 28A.225.010 and 1996 c 134 s 1 are each amended to read as follows:
(1) All parents in this state of any child eight years of age and under eighteen years of age shall cause such child to attend the public school of the district in which the child resides and such child shall have the responsibility to and therefore shall attend for the full time when such school may be in session unless:
(a) The child is attending an approved private school for the same time or is enrolled in an extension program as provided in RCW 28A.195.010(4);
(b) The child is receiving home-based instruction as provided in subsection (4) of this section;
(c) The child is attending an education center as provided in chapter 28A.205 RCW;
(d) The school district superintendent of the district in which the child resides shall have excused such child from attendance because the child is physically or mentally unable to attend school, is attending a residential school operated by the department of social and health services, is incarcerated in an adult correctional facility, or has been temporarily excused upon the request of his or her parents for purposes agreed upon by the school authorities and the parent: PROVIDED, That such excused absences shall not be permitted if deemed to cause a serious adverse effect upon the student's educational progress: PROVIDED FURTHER, That
students excused for such temporary absences may be claimed as full time equivalent students to the extent they would otherwise have been so claimed for the purposes of RCW 28A.150.250 and 28A.150.260 and shall not affect school district compliance with the provisions of RCW 28A.150.220; or
(e) The child is sixteen years of age or older and:
(i) The child is regularly and lawfully employed and either the parent agrees that the child should not be required to attend school or the child is emancipated in accordance with chapter 13.64 RCW;
(ii) The child has already met graduation requirements in accordance with state board of education rules and regulations; or
(iii) The child has received a certificate of educational competence under rules and regulations established by the state board of education under RCW 28A.305.190.
(2) A parent for the purpose of this chapter means a parent, guardian, or person having legal custody of a child.
(3) An approved private school for the purposes of this chapter and chapter 28A.200 RCW shall be one approved under regulations established by the state board of education pursuant to RCW 28A.305.130.
(4) For the purposes of this chapter and chapter 28A.200 RCW, instruction shall be home-based if it consists of planned and supervised instructional and related educational activities, including a curriculum and instruction in the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of an appreciation of art and music, provided for a number of hours equivalent to the total annual program hours per grade level established for approved private schools under RCW 28A.195.010 and 28A.195.040 and if such activities are:
(a) Provided by a parent who is instructing his or her child only and are supervised by a certificated person. A certificated person for purposes of this chapter and chapter 28A.200 RCW shall be a person certified under chapter 28A.410 RCW. For purposes of this section, "supervised by a certificated person" means: The planning by the certificated person and the parent of objectives consistent with this subsection; a minimum each month of an average of one contact hour per week with the child being supervised by the certificated person; and evaluation of such child's progress by the certificated person. The number of children supervised by the certificated person shall not exceed thirty for purposes of this subsection; or
(b) Provided by a parent who is instructing his or her child only and who has either earned forty-five college level quarter credit hours or its equivalent in semester hours or has completed a course in home-based instruction at a postsecondary institution or a vocational-technical institute; or
(c) Provided by a parent who is deemed sufficiently qualified to provide home-based instruction by the superintendent of the local school district in which the child resides.
(5) The legislature recognizes that home-based instruction is less structured and more experiential than the instruction normally provided in a classroom setting. Therefore, the provisions of subsection (4) of this section relating to the nature and quantity of instructional and related educational activities shall be liberally construed.
NEW SECTION. Sec. 15. Sections 1 through 9 of this act constitute a new chapter in Title 28A RCW.
NEW SECTION. Sec. 16. Sections 1 through 9 and 11 through 14 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 take effect immediately.
NEW SECTION. Sec. 17. Section 10 of this act takes effect September 1, 1998.
NEW SECTION. Sec. 18. 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."
MOTIONS
On motion of Senator Hochstatter, the following title amendment was adopted:
On page 1, line 2 of the title, after "facilities;" strike the remainder of the title and insert "amending RCW 72.09.460, 41.59.080, 28A.310.300, and 28A.225.010; adding a new section to chapter 41.56 RCW; adding a new chapter to Title 28A RCW; providing an effective date; and declaring an emergency."
On motion of Senator Hochstatter, the rules were suspended, Engrossed Substitute Senate Bill No. 6600 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6600.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6600 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49. ENGROSSED SUBSTITUTE SENATE BILL NO. 6600, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6628, by Senators Benton, Finkbeiner, Anderson, Zarelli and Schow
Clarifying transportation planning.
The bill was read the second time.
MOTION
Senator Haugen moved that the following amendment be adopted:
On page 3, after line 27, insert the following:
"NEW SECTION. Sec. 3. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1998, in the omnibus transportation appropriations act, this act is null and void."
Renumber the sections consecutively and correct any internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Haugen on page 3, after line 27, to Senate Bill No. 6628.
The motion by Senator Haugen failed and the amendment was not adopted.
MOTIONS
On motion of Senator Benton, the following amendment by Senators Rasmussen and Benton was adopted:
On page 3, after line 27, insert the following:
"Sec. 3. RCW 47.50.010 and 1991 c 202 s 1 are each amended to read as follows:
(1) The legislature finds that:
(a) Regulation of access to the state highway system is necessary in order to protect the public health, safety, and welfare, to preserve the functional integrity of the state highway system, and to promote the safe and efficient movement of people and goods within the state;
(b) The development of an access management program, in accordance with this chapter, which coordinates land use planning decisions by local governments and investments in the state highway system, will serve to control the proliferation of connections and other access approaches to and from the state highway system. Without such a program, the health, safety, and welfare of the residents of this state are at risk, due to the fact that uncontrolled access to the state highway system is a significant contributing factor to the congestion and functional deterioration of the system; and
(c) The development of an access management program in accordance with this chapter will enhance the development of an effective transportation system and increase the traffic-carrying capacity of the state highway system and thereby reduce the incidences of traffic accidents, personal injury, and property damage or loss; mitigate environmental degradation; promote sound economic growth and the growth management goals of the state; reduce highway maintenance costs and the necessity for costly traffic operations measures; lengthen the effective life of transportation facilities in the state, thus preserving the public investment in such facilities; and shorten response time for emergency vehicles.
(2) In furtherance of these findings, all state highways are hereby declared to be controlled access facilities as defined in RCW 47.50.020, except those highways that are defined as limited access facilities in chapter 47.52 RCW.
(3) It is the policy of the legislature that:
(a) The access rights of an owner of property abutting the state highway system ((are subordinate to)) should be fairly considered with the public's right and interest in a safe and efficient highway system; ((and))
(b) Every owner of property which abuts a state highway has a right to reasonable access to that highway, unless such access has been acquired pursuant to chapter 47.52 RCW, but may not have the right of a particular means of access. The right of access to the state highway may be restricted under RCW 47.50.080 if, pursuant to local regulation, reasonable access can be provided to another public road which abuts the property; and
(c) Every property owner who has access to the state highway must be notified of proposed changes to the access.
(4) The legislature declares that it is the purpose of this chapter to provide a coordinated planning process for the permitting of access points on the state highway system to effectuate the findings and policies under this section. This coordinated planning process must include a public involvement process that includes abutting property owners, business owners, and emergency services that may require access to the affected property. The public involvement process must provide the affected ownership with standards and principles of access management. The public involvement process that addresses access management standards and principles may include, but is not limited to, public notices, public meetings, public hearings, written notification, and individual meetings with the affected ownership.
(5) Nothing in this chapter shall affect the right to full compensation under section 16, Article I of the state Constitution.
Sec. 4. RCW 47.50.040 and 1991 c 202 s 4 are each amended to read as follows:
(1) No connection to a state highway shall be constructed or altered without obtaining an access permit in accordance with this chapter in advance of such action. A permitting authority has the authority to deny access to the state highway system at the location specified in the permit until the permittee constructs or alters the connection in accordance with the permit requirements.
(2) ((The cost of construction or alteration of a connection shall be borne by the permittee, except for alterations which are not required by law or administrative rule, but are made at the request of and for the convenience of the permitting authority. The permittee, however, shall bear the cost of alteration of any connection which is required by the permitting authority due to increased or altered traffic flows generated by changes in the permittee's facilities or nature of business conducted at the location specified in the permit.)) The permittee shall bear the cost of construction or alteration of a connection, including alterations required by increased or altered traffic flows generated by the nature of business conducted at the location specified in the permit, except for alterations that are not required by law or administrative rule, but are made at the request of and the convenience of the permitting authority, or that are required by the permitting authority due to increased or altered traffic flows along the state highway to which the connection provides access in the general area of the permittee's facility.
(3) Except as otherwise provided in this chapter, an unpermitted connection is subject to closure by the appropriate permitting authority which shall have the right to install barriers across or remove the connection. When the permitting authority determines that a connection is unpermitted and subject to closure, it shall provide reasonable notice of its impending action to the owner of property served by the connection. The permitting authority's procedures for providing notice and preventing the operation of unpermitted connections shall be adopted by rule.
Sec. 5. RCW 47.50.080 and 1991 c 202 s 8 are each amended to read as follows:
(1) Unpermitted connections to the state highway system in existence on July 1, 1990, and in active use shall not require the issuance of a permit and may continue to provide access to the state highway system, unless the permitting authority determines that such a connection does not meet minimum acceptable standards of highway safety and mobility based on accident data, traffic data, and accepted traffic engineering criteria, a copy of which must be provided to the property owner, upon written request. However, a permitting authority may require that a permit be obtained for such a connection if a significant change occurs in the use, design, or traffic flow of the connection or of the state highway to which it provides access. If a permit is not obtained, the connection may be closed pursuant to RCW 47.50.040.
(2) Access permits granted prior to adoption of the permitting authorities' standards shall remain valid until modified or revoked as provided in this chapter. Access connections to state highways identified on plats and subdivisions approved prior to July 1, 1991, shall be deemed to be permitted pursuant to chapter 202, Laws of 1991. The permitting authority may, after written notification, under rules adopted in accordance with RCW 47.50.030, modify or revoke an access permit granted prior to adoption of the standards by requiring relocation, alteration, or closure of the connection if a significant change occurs in the use, design, or traffic flow of the connection or the state highway to which the connection provides access in the general area of the permittee's facility, and if, as a result of that change, the connection does not meet minimum acceptable standards of highway safety and mobility based on accident and traffic data and accepted traffic engineering criteria.
(3) The permitting authority may issue a nonconforming access permit after finding that to deny an access permit would leave the property without a reasonable means of access to the public roads of this state. Every nonconforming access permit shall specify limits on the maximum vehicular use of the connection and shall be conditioned on the availability of future alternative means of access for which access permits can be obtained."
On motion of Senator Benton, the following title amendment was adopted:
On line 3 of the title, after "47.06.050" strike "and 47.06.090" and insert ", 47.06.090, 47.50.010, 47.50.040, and 47.50.080"
MOTION
On motion of Senator Benton, the rules were suspended, Engrossed Senate Bill No. 6628 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6628.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6628 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49. ENGROSSED SENATE BILL NO. 6628, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5278, by Senators Patterson, Hargrove, Winsley, Wood, Benton, Goings, Prince, Bauer, B. Sheldon, Heavey, Long, Anderson, Haugen and Oke
Requiring court-ordered use of long-term pharmaceutical birth control for mothers who have given birth to a baby with drug addiction.
MOTIONS
On motion of Senator West, Third Substitute Senate Bill No. 5278 was substituted for Senate Bill No. 5278 and the third substitute bill was placed on second reading and read the second time.
Senator West moved that the following amendment by Senators West, Patterson and Long be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that all children have the right to be born healthy and free of the consequences of the nonprescription use of controlled substances by the mother during pregnancy. Individuals who have a drug addiction are unable to make reasoned decisions that help ensure the birth of a healthy infant. The availability of long-term pharmaceutical birth control, when combined with other treatment regimens, may allow women to regain control of their lives and make long-term decisions in the best interest of themselves and their children. The legislature further finds that a third or subsequent drug-affected infant being born to the same mother means it may be unreasonable to attempt to continue efforts to reunify the family and that all reasonable reunification efforts that have previously been made have proven futile and there is no likelihood that future efforts will produce a different outcome.
NEW SECTION. Sec. 2. A new section is added to chapter 13.34 RCW to read as follows:
(1) A physician licensed under chapter 18.71 RCW primarily responsible for the supervision of the birth of an infant who has reasonable cause to believe an infant has been exposed to nonprescription use of controlled substances shall: (a) Conduct appropriate tests to determine whether the infant is drug-affected; (b) notify the department of the name and address of the parents of an infant who is drug-affected; and (c) retain the infant in the birthing facility for medical treatment or place the infant in an appropriate pediatric care facility with the concurrence of the department for sufficient time for the infant to undergo withdrawal from the affects of the controlled substances. The withdrawal shall be under the supervision of appropriate medical professionals.
(2) The physician shall, as soon as practical, inform the mother of a drug-affected infant of: (a) Her right to publicly funded tubal ligation surgery as provided under section 13 of this act; (b) available drug treatment and counseling; and (c) birth control counseling and education. The mother may accept the offer of a tubal ligation up to six months following its tender.
(3) A physician who makes any determination under this section shall not be liable in any cause of action as a result of his or her determination except for acts of gross negligence or intentional misconduct.
(4) This section expires June 30, 2002.
NEW SECTION. Sec. 3. A new section is added to chapter 13.34 RCW to read as follows:
(1) The department, upon receipt of a report under section 2 of this act, shall investigate and, in appropriate cases, file a dependency petition. In the event the department does not file a petition, it shall refer the mother to available chemical dependency treatment programs or a pilot project.
(2) The department and the mother may enter an agreement in which the mother agrees to chemical dependency treatment on an inpatient or outpatient basis or be referred to a pilot project created under section 10 of this act.
(3) If the department and mother enter an agreement under subsection (2) of this section, the department shall, if a dependency petition has been filed, request the court to defer the entry of an order of dependency for as long as the mother remains in treatment or enrolled in the pilot project, subject to the department's monitoring for compliance. As a condition of deferral of the order of dependency, the parents, if both are available and known, shall stipulate to facts sufficient to constitute a dependency and the court shall order treatment or enrollment in a pilot project and prohibit nonprescription use of controlled substances. In the event that an available parent unreasonably refuses to stipulate to facts constituting a dependency, the court may proceed with the hearing on the petition.
(4) This section expires June 30, 2002.
NEW SECTION. Sec. 4. A new section is added to chapter 13.34 RCW to read as follows:
(1) If the department receives a report under section 2 of this act of a mother who has given birth to a second drug-affected infant, the department:
(a) May request the court to proceed immediately with the entry of a dependency for the first drug-affected infant; and
(b) Shall investigate and, unless there are compelling reasons to the contrary, file a dependency petition on the second drug-affected infant. If the department does not file a petition, it shall refer the woman to available chemical dependency treatment programs or a pilot project.
(2) The department and the mother may enter an agreement in which the mother agrees to: (a) Enter chemical dependency inpatient treatment or a pilot project, together with an aftercare program that includes participation in a pilot project when feasible; and (b) medically appropriate pharmaceutical pregnancy prevention, such as Norplant or depo-provera, that is administered not less than once every thirty days. The selection of the pregnancy prevention method shall be based on an evaluation of the medical and physical consequences to the mother and shall remain in effect until the dependency petition is dismissed or the court determines it is no longer medically appropriate.
(3) If the department and the mother enter an agreement under subsection (2) of this section, the department shall request the court to defer the entry of an order of dependency on the second drug-affected infant for as long as the mother remains in treatment or enrolled in the pilot project, subject to the department's monitoring for compliance. As a condition of deferral of the order of dependency, the parents, if both are available and known, shall stipulate to facts sufficient to constitute a dependency and the court shall order treatment or enrollment in a pilot project and prohibit nonprescription use of controlled substances. In the event that an available parent unreasonably refuses to stipulate to facts constituting a dependency, the court may proceed with the hearing on the petition.
(4) This section expires June 30, 2002.
NEW SECTION. Sec. 5. A new section is added to chapter 13.34 RCW to read as follows:
(1) The department may request the court to dismiss the petition deferred under section 3 or 4 of this act at any time. No petition may be vacated or dismissed unless the mother demonstrates by clear and convincing evidence that she has not used controlled substances in a nonprescription manner for at least thirty-six consecutive months and can safely provide for the child's welfare without continuing supervision by the department or court.
(2) This section expires June 30, 2002.
NEW SECTION. Sec. 6. A new section is added to chapter 13.34 RCW to read as follows:
(1) If the department receives a report under section 2 of this act of a mother who has given birth to a third or subsequent drug-affected infant, the department shall:
(a) Request the court to proceed immediately with the entry of a finding of dependency on all drug-affected children born before the third or subsequent birth unless an order of dependency has been vacated or dismissed; and
(b) File a dependency petition on any drug-affected infant subject to this section as well as any other child born before the third or subsequent birth of a drug-affected infant.
(2) This section expires June 30, 2002.
NEW SECTION. Sec. 7. A new section is added to chapter 13.34 RCW to read as follows:
(1) Following a filing of a petition under section 6 of this act:
(a) The court shall order evaluation by a designated chemical dependency specialist, as defined in RCW 70.96A.020 who shall undertake the processes described in RCW 70.96A.140.
(b) If the court has ordered removal of a child or children, the out-of-home placement order shall remain in effect until the petition is dismissed or the mother has successfully completed inpatient treatment and any aftercare program for controlled substances ordered by the court.
(2) This section expires June 30, 2002.
NEW SECTION. Sec. 8. A new section is added to chapter 13.34 RCW to read as follows:
(1) There is a rebuttable presumption in any petition filed under section 6 of this act that termination of parental rights is in the best interest of the child and it is unreasonable to provide services to reunify the children with the mother. The court shall give great weight to the fact that the mother has given birth to a third or subsequent drug-affected infant.
(2) This section expires June 30, 2002.
NEW SECTION. Sec. 9. By July 1, 1999, the department of social and health services, in consultation with the department of health, shall adopt rules to implement this act, including a definition of "drug-affected infant," which shall be limited to infants who are affected by a mother's nonprescription use of controlled substances.
NEW SECTION. Sec. 10. To the extent funds are appropriated, the department shall operate a pilot project to provide services to women who give birth to infants exposed to the nonprescription use of controlled substances by the mother during pregnancy. Within available funds, the project may be offered in each of the department's administrative regions. The project shall accept women referred to it by the department following the birth of a drug-affected infant. The pilot project shall be concluded by July 1, 2001.
NEW SECTION. Sec. 11. To the extent funds are appropriated, the institute for public policy shall study the cost-effectiveness of this act and report to the governor and legislature not later than September 1, 2002. The study shall measure the reduction in the birth rate of drug-affected infants among women and shall compare the reduction with the rate of birth of drug-affected infants born to women referred to chemical dependency treatment programs. The study shall identify the factors that promote or discourage the ability of women to avoid giving birth to drug-affected infants.
NEW SECTION. Sec. 12. A new section is added to chapter 70.96A RCW to read as follows:
(1) Any treatment program or pilot project in which a mother is enrolled under sections 3 through 5 of this act shall provide family planning, education, counseling, information, and services other than pregnancy termination.
(2) This section expires June 30, 2002.
NEW SECTION. Sec. 13. A new section is added to chapter 70.96A RCW to read as follows:
The department may make available, or cause to be made available, pharmaceutical birth control services, information, and counseling to any person who enters chemical dependency treatment under section 3 or 4 of this act. Within available funds, the department may pay for any tubal ligations requested under section 2 of this act if the mother's income is less than two hundred percent of the federal poverty level. The department shall report by December 1st of each year to the governor and legislature: (1) The number of tubal ligations performed as a result of chapter . . ., Laws of 1998 (this act); (2) the number of women who decline to undergo the surgery; (3) the number of women who obtain pharmaceutical birth control, by type of birth control; and (4) the number of women who are reported to the department.
NEW SECTION. Sec. 14. A new section is added to chapter 18.71 RCW to read as follows:
(1) Nothing in section 2 of this act imposes any additional duties or responsibilities on, or remove any duties or responsibilities from, a physician licensed under this chapter, except as specifically included in chapter 13.34 RCW and sections 12 and 13 of this act.
(2) This section expires June 30, 2002.
NEW SECTION. Sec. 15. Sections 1 through 8 and 10 through 12 of this act take effect July 1, 1999."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators West, Patterson and Long to Third Substitute Senate Bill No. 5278.
The motion by Senator West carried and the striking amendment was adopted.
MOTIONS
On motion of Senator West, the following title amendment was adopted:
On page 1, line 2 of the title, after "addiction;" strike the remainder of the title and insert "adding new sections to chapter 13.34 RCW; adding new sections to chapter 70.96A RCW; adding a new section to chapter 18.71 RCW; creating new sections; providing an effective date; and providing expiration dates."
On motion of Senator West, the rules were suspended, Engrossed Third Substitute Senate Bill No. 5278 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Third Substitute Senate Bill No. 5278.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Third Substitute Senate Bill No. 5278 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49. ENGROSSED THIRD SUBSTITUTE SENATE BILL NO. 5278, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6418, by Senators Deccio, Wojahn, Fairley, Wood and Winsley (by request of Department of Social and Health Services)
Implementing amendments to the federal personal responsibility and work opportunity reconciliation act of 1996.
MOTIONS
On motion of Senator Johnson, Substitute Senate Bill No. 6418 was substituted for Senate Bill No. 6418 and the substitute bill was placed on second reading and read the second time.
Senator Hargrove moved that the following amendment by Senators Hargrove, Kline, Zarelli, Strannigan, Fairley, Hochstatter and Franklin be adopted:
Beginning on page 14, after line 32, strike all material through "applicants." on page 15, line 3, and insert the following:
"The federal personal responsibility and work opportunity reconciliation act of 1996, P.L. 104-193, requires states to collect social security numbers as part of the application process for professional, occupational, recreational, and driver's licenses. The legislature finds that if social security numbers are accessible to the public, it will be relatively easy for someone fraudulently to use another's social security number to assume that person's identity and gain access to bank accounts, credit services, billing information, driving history, and other sources of personal information. Public law 104-193 will compound and exacerbate the disturbing trend of social security number-related fraud. In order to prevent fraud and curtail invasions of privacy, the governor, through the department of social and health services, shall seek a waiver to the federal mandate of P.L. 104-193."
Debate ensued.
POINT OF ORDER
Senator Johnson: “A point of order Mr. President. It is 4:55 p.m. and time to consider the Special Order of Business on Senate Bill No. 6509.”
SECOND READING
SENATE BILL NO. 6509, by Senators Hochstatter, Benton, Zarelli, Rossi, Swecker, Deccio, Johnson, Oke, McCaslin, Stevens, Morton, Roach and Schow
Requiring training for reading instruction.
MOTIONS
On motion of Senator Hochstatter, Second Substitute Senate Bill No. 6509 was substituted for Senate Bill No. 6509 and the second substitute bill was placed on second reading and read the second time.
Senator Hochstatter moved that the following amendment by Senators Hochstatter, Finkbeiner, Zarelli and Johnson be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that the ability to read fluently, accurately, and with comprehension is critical to success in school and in life. Research has found that reading instruction and curriculum in the early grades must consist of a comprehensive program that builds upon the firm foundational skills of phonemic awareness, decoding, and reading comprehension, to provide students with the skills necessary to engage in rich literature activities, and further develop thinking and application skills.
The legislature further finds that many primary grade teachers would benefit from additional professional development instruction in beginning reading skills and access to current information regarding scientifically proven instructional strategies that improve student achievement in reading. The legislature further finds that the use of volunteers to provide individualized tutoring and mentoring to students will improve students' ability to read.
NEW SECTION. Sec. 2. The superintendent of public instruction shall establish grant programs to provide training for teachers in reading instruction in accordance with subsection (1) of this section and in the use of tutors and mentors for reading instruction in accordance with subsection (2) of this section as follows:
(1) Elementary schools interested in providing professional development and the purchase of curriculum or related materials for certificated instructional staff that provide direct instructional services to students in kindergarten, first, and second grade may apply for reading instruction grants and receive funding from the office of the superintendent of public instruction.
(a) The reading instruction grant application shall be limited to:
(i) Verification that the school has developed a comprehensive school-wide reading improvement plan that includes, but is not limited to, a beginning reading-language arts program for use in kindergarten through second grade, the primary elements of which must:
(A) Provide numerous daily opportunities for teachers in kindergarten and first grade to read to students from a variety of printed materials including rich literature and expository text;
(B) Provide explicit and sequential instruction in phonemic awareness for all students in kindergarten and first grade and students with limited English proficiency;
(C) Provide explicit systematic decoding instruction and practice in using those skills in decodable text materials;
(D) Provide explicit instruction in reading comprehension skills and opportunities for students to apply them;
(E) Require diagnosis of a student's ability to decode in first and second grade;
(F) Provide explicit and systematic instruction in spelling and provide students in kindergarten and first grade with an opportunity to use student-invented spelling in all writing activities; and
(G) Provide students with structured assistance in learning to write with ample opportunities to engage in writing activities;
(ii) Verification that the intended professional development supports the efforts of the school's beginning reading-language arts program required in (a)(i) of this subsection and includes primary emphasis on the following beginning reading skills:
(A) Phonemic awareness strategies;
(B) Explicit and systematic decoding instruction and how to assess a student's ability to decode;
(C) Explicit spelling and vocabulary instruction;
(D) Explicit instruction in reading comprehension strategies; and
(E) Research findings on the skills needed by beginning and proficient readers, and how beginning reading skills are acquired;
(iii) Verification that grant funds expended in accordance with this section will not be used for staff development, intervention, or remediation programs; and
(iv) Verification that representatives of kindergarten, first, or second grade teachers and reading specialists from the school will be attending a leadership and accountability institute conducted by the office of the superintendent of public instruction in accordance with section 4 of this act.
(b) The training in reading instruction shall be provided by public or private nonsectarian contractors that provide training using the methods defined in this section. Priority for reading instruction grants shall be given to those schools in which less than one-quarter of all students tested on the fourth grade assessment in reading met the state-wide standard, or in schools where average performance on the reading component of the state-wide standardized test required in RCW 28A.230.190 were in the bottom quartile for the previous three years. Priority shall then be given to those schools in which less than one-third of all students tested on the fourth grade assessment in reading met the state-wide standard, or in schools where average performance on the reading component of the state-wide standardized test required in RCW 28A.230.190 were in the bottom third for the previous three years. Priority shall then be given to schools in which one-half of all students tested on the fourth grade assessment in reading met the state-wide standard, or in schools where average performance on the reading component of the state-wide standardized test required in RCW 28A.230.190 were in the bottom half for the previous three years.
(c) Reading instruction grants provided under this subsection (1) may be used to provide additional professional development materials for classroom volunteers providing assistance in kindergarten, first, and second grades, interested in attending the professional development opportunity identified in this subsection (1).
(d) An elementary school receiving funding in accordance with this subsection (1) shall certify and provide documentation to the superintendent of public instruction that funds received were expended for professional development and related materials in accordance with this subsection (1).
(e) Schools or school districts that received funds under RCW 28A.300.330 are not eligible to apply for reading instruction grants.
(f) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(i) "Phonemic awareness instruction" means teaching awareness of letter sounds, and segmenting and blending phonemes, syllables, and words in a sequential progression.
(ii) "Explicit systematic decoding instruction" means direct, sequential teaching of how to read words fluently and automatically that includes instruction in letter-sound correspondences, letter combinations, multisyllabic words, blending, and structural elements, and initially incorporates the use of decodable text. "Explicit systematic decoding instruction" does not include the use of context and syntax as word identification strategies in teaching beginning reading skills.
(iii) "Decodable text" means connected text containing a high percentage of words that provide practice on the letter-sound correspondences and letter combinations previously taught.
(iv) "Diagnosis of a student's ability to decode" means regularly assessing the student's mastery of word recognition, fluency and automaticity, and word analysis in order to plan future instructional activities.
(v) "Explicit and systematic instruction in spelling" means teaching a logical scope and sequence of word knowledge, orthographic patterns, syllabication, and frequently used words connected to the sequence used in reading and writing instruction.
(vi) "Vocabulary instruction" means teaching word meanings.
(vii) "Instruction in reading comprehension skills" means explicit, systematic teaching of vocabulary development, text structure, context, syntax, and syntactic patterns, including but not limited to, strategies for higher order thinking skills such as interpretation, summarization, prediction, clarification, and question generation.
(2) Elementary schools interested in providing teacher training in the use of tutors and mentors for reading instruction in grades kindergarten through fourth grade may apply for tutoring and mentoring grants for programs that are research based and of proven effectiveness. The programs must include the following elements:
(a) Teacher training in program planning, assessment, and diagnosis, and training of volunteers;
(b) A tutoring and mentoring program providing a minimum of two hours of individual instruction a week by a volunteer;
(c) Teacher training in recruiting and retaining tutors and mentors for reading instruction;
(d) A plan to assess student reading performance before entering the program and upon exit or at the end of the year as appropriate. The results must be compiled and reported to the superintendent of public instruction. The superintendent of public instruction shall provide a report to the legislature by December 1999 on the effectiveness of the various programs.
(3) By April 15th, the superintendent of public instruction shall notify all school districts that the grants under subsections (1) and (2) of this section are available. Funding provided for the grants must be available to schools no later than June 1, 1998. School districts may apply and become eligible for both grants.
(4) Teachers participating in the grant programs will receive a stipend from the grant.
(5) This section expires July 30, 2005.
NEW SECTION. Sec. 3. (1) By July 31, 1998, each educational service district shall establish a reading resource center within the district.
(2) Schools accessing funds in accordance with section 2 of this act may request and the center may assist schools and school districts within its service area in matching local needs with reading programs, providing professional development opportunities, and facilitating discussions among teachers to promote best practices for beginning reading instruction, all in accordance with section 2 of this act.
NEW SECTION. Sec. 4. (1) Before September 30, 1998, the office of the superintendent of public instruction, in cooperation with educational service districts, shall conduct leadership and accountability institutes designed to provide teachers, administrators, and school board members with information and tools to improve beginning reading instructional programs and practices in their schools. School district board of directors of each school district, school administrators, and teachers identified by the school district board of directors as having demonstrated leadership in reading instruction in the school district or from schools receiving funds in accordance with section 2 of this act shall be invited to attend the institutes. The institutes shall provide professional development and supporting materials to: Evaluate reading curriculum and reading instructional weaknesses in schools to determine whether the school has a comprehensive reading program; for elementary schools, ensure that the primary, but not sole, element is a beginning reading component that includes, but is not limited to, explicit instruction in phonemic awareness, explicit systematic instruction in decoding skills, diagnosis of a student's ability to decode, explicit and systematic instruction in spelling, vocabulary instruction, and explicit instruction in reading comprehension skills; conduct research on how children learn to read, including those with limited English proficiency, learning disabilities, or who are economically disadvantaged; diagnose reading deficiencies; and monitor the movement of students from beginning or deficient reading skills to independent reading of rich literature and expository text.
(2) School districts sending teams to the institutes must make a commitment to provide sufficient time to team members before and during the next school year to support implementation of strategies learned while at the institute.
(3) This section expires December 31, 1998.
NEW SECTION. Sec. 5. A new section is added to chapter 28A.150 RCW to read as follows:
Starting in the 1998-99 school year, school districts must administer a standardized, nationally norm-referenced test to measure second grade reading skills of second grade students. The state-wide second grade reading test, in addition to reporting in other formats, shall report student reading levels in terms of grade level and monthly increments. The purpose of the second grade reading test is to provide information to parents, teachers, and school administrators on the level of acquisition of reading skills of each student at the beginning of second grade.
Each school must have the test results available by the winter parent-teacher conference. Schools must notify parents about the second grade reading test during the conferences, inform the parents of their students' performance on the test, identify actions the school intends to take to improve the child's reading skills, and provide parents with strategies to help the parents improve their child's score.
Each school shall annually report to its community the number and the actual percentage of second grade students reading at or above second grade level and the distribution and range of all reading scores by grade and monthly increments on the state-wide second grade reading assessment required under this section.
Each district shall report to the superintendent of public instruction annually beginning March 1999 the number and the actual percentage of second grade students reading at or above second grade level on the state-wide second grade reading assessment required under this section.
NEW SECTION. Sec. 6. This act may be known and cited as the successful readers act.
NEW SECTION. Sec. 7. Sections 1 through 4 of this act are each added to chapter 28A.165 RCW.
NEW SECTION. Sec. 8. The following acts or parts of acts are each repealed:
(1) RCW 28A.300.310 and 1997 c 262 s 2;
(2) RCW 28A.300.320 and 1997 c 262 s 3;
(3) RCW 28A.300.330 and 1997 c 262 s 4; and
(4) RCW 28A.300.340 and 1997 c 262 s 7.
NEW SECTION. Sec. 9. 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 takes effect immediately."
MOTION
Senator Patterson moved that the following amendment to the striking amendment by Senators Hochstatter, Finkbeiner, Zarelli and Johnson be adopted:
On page 5 of the amendment, after line 7 insert the following subsection:
"(5) In order to maintain and increase the gains through improved reading instruction, schools receiving the grant shall implement a class size reduction program for reading. Class sizes for reading instruction shall not exceed fifteen students for each certificated instructional staff throughout the school. Grant funds shall be available to improve the class size for reading instruction."
Renumber the remaining subsection consecutively.
Debate ensued.
Senator Betti Sheldon demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendment on page 5, after line 7, by Senator Patterson to the striking amendment by Senators Hochstatter, Finkbeiner, Zarelli and Johnson to Second Substitute Senate Bill No. 6509.
ROLL CALL
The Secretary called the roll and the amendment to the striking amendment was not adopted by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Snyder, Spanel, Thibaudeau and Wojahn - 23. Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26. The President declared the question before the Senate to be the adoption of the striking amendment by Senators Hochstatter, Finkbeiner, Zarelli and Johnson to Second Substitute Senate Bill No. 6509.
Debate ensued.
The motion by Senator Hochstatter carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Hochstatter, the following title amendment was adopted:
On page 1, line 1 of the title, after "instruction;" strike the remainder of the title and insert "adding new sections to chapter 28A.165 RCW; adding a new section to chapter 28A.150 RCW; creating a new section; repealing RCW 28A.300.310, 28A.300.320, 28A.300.330, and 28A.300.340; providing expiration dates; and declaring an emergency."
On motion of Senator Hochstatter, the rules were suspended, Engrossed Second Substitute Senate Bill No. 6509 was advanced to third
reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator McAuliffe: “Senator Hochstatter, if I were to offer you a course to be an electrician, and I asked you which tools you would select--and it would only be one tool for the first year that you would be able to use--what tool would you choose?”
Senator Hochstatter: “Thank you, Senator McAuliffe, you've asked me this question before and I appreciate you for priming me months earlier. The bill does not do that. If you notice, it says, 'comprehensive vocabulary, spelling,' and a lot of other things, so please don't be so prescriptive on me, because I am not being that prescriptive on you. Did you get a political answer? Thank you.”
Senator McAuliffe: “Yes, I did.”
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 6509.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6509 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley and Zarelli - 25. Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Snyder, Spanel, Thibaudeau, Wojahn and Wood - 24. ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6509, 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 Senate resumed consideration of Substitute Senate Bill No. 6418 and the pending amendment by Senators Hargrove, Kline, Zarelli, Strannigan, Fairley, Hochstatter and Franklin on page 14, after line 32, deferred before the Special Order of Business.
The President declared the question before the Senate to be the adoption of the amendment by Senators Hargrove, Kline, Zarelli, Strannigan, Fairley, Hochstatter and Franklin on page 14, line 32, to Substitute Senate Bill No. 6418.
Debate ensued.
The motion by Senator Hargrove carried and the amendment was adopted on a rising vote.
MOTION
On motion of Senator West, the rules were suspended, Engrossed Substitute Senate Bill No. 6418 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF ORDER
Senator Roach: “A point of order, Mr. President. I just want to let everyone know that if we send a delegation back to DC to try and change their minds, I volunteer to go.”
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6418.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6418 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 48. Voting nay: Senator Wojahn - 1. ENGROSSED SUBSTITUTE SENATE BILL NO. 6418, 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 Johnson, the Senate reverted to the third order of business.
MESSAGES FROM THE GOVERNOR
GUBERNATORIAL APPOINTMENTS
January 22, 1998
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
Robert D. Fukai, appointed January 22, 1998, for a term ending September 30, 1998, as a member of the Spokane Joint Center for Higher Education.
Sincerely,
GARY LOCKE, Governor
Referred to Committee on Higher Education.
January 29, 1998
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following reappointment, subject to your confirmation.
Dennis Marshall, reappointed January 29, 1998, for a term ending December 26, 2000, as a member of the Board of Pilotage Commissioners.
Sincerely,
GARY LOCKE, Governor
Referred to Committee on Transportation.
February 17, 1998
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
John Austin, appointed February 17, 1998, for a term ending April 15, 2000, as a member of the Indeterminate Sentence Review Board.
Sincerely,
GARY LOCKE, Governor
Referred to Committee on Law and Justice.
MOTION
At 5:51 p.m., on motion of Senator Johnson, the Senate adjourned until 10:00 a.m., Wednesday, February 18, 1998.
BRAD OWEN President of the Senate
MIKE O'CONNELL, Secretary of the Senate