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NINETY-SIXTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Friday, April 16, 1999

The Senate was called to order at 9:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Brown, Deccio, Fairley, Honeyford, Long, Patterson, Thibaudeau and Wojahn. On motion of Senator Franklin, Senators Brown, Fairley, Patterson, Thibaudeau and Wojahn were excused.

The Sergeant at Arms Color Guard consisting of Pages Keith Nagel and Samantha Rhyner, presented the Colors. Eleven year old Kellie Rodriguez, a fifth grader from Gig Harbor, sang Amazing Grace.

MOTION

On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.

MESSAGE FROM THE GOVERNOR

April 15, 1999

To the Honorable President and Members,

The Senate of the State of Washington

Ladies and Gentlemen:

I have the honor to advise you that on April 15, 1999, Governor Locke approved the following Senate Bills entitled:

Senate Bill No. 5015

Relating to technical, clarifying, nonsubstantive amendments to community mental health services.

Substitute Senate Bill No. 5046

Relating to creating an additional hearing procedure when the court disagrees with the mental evaluation conducted by a professional person.

Substitute Senate Bill No. 5047

Relating to the sharing of information received by mental health professionals performing services under chapter 10.77 RCW.

Substitute Senate Bill No. 5048

Relating to technical corrections to chapters 10.77 and 71.05 RCW.

Substitute Senate Bill No. 5058

Relating to the establishment and authority to conduct the business of state-charted financial institutions.

Substitute Senate Bill No. 5185

Relating to highway work done by state forces.

Senate Bill No. 5202

Relating to qualifications for working for the county treasurer.

Second Substitute Senate Bill No. 5210

Relating to placement of children with a relative prior to and at a shelter care hearing.

Substitute Senate Bill No. 5231

Relating to duties of the county treasurer pertaining to treasury management.

Substitute Senate Bill No. 5274

Relating to fare payment and enforcement by regional transit authorities.

Substitute Senate Bill No. 5509

Relating to the Holocaust victims insurance relief act.

Senate Bill No. 5567

Relating to federal payments used to reduce the outstanding debt of school districts within counties.

Engrossed Substitute Senate Bill No. 5668

Relating to criminal records checks for school employees and volunteers.

Substitute Senate Bill No. 5669

Relating to conversion vending units and medical units.

Senate Bill No. 5741

Relating to exemptions from requirements for trucks to stop at scales.

Senate Bill No. 5806

Relating to providing for the adjutant general to establish rules concerning theaccuracy of location information derived from enhanced 911 telephone systems.

Substitute Senate Bill No. 5838

Relating to personal holiday leave sharing for school district employees.

Sincerely,

EVERETT H. BILLINGSLEA, General Counsel.

FURTHER MESSAGE FROM THE GOVERNOR

April 15, 1999

To the Honorable President and Members,

The Senate of the State of Washington

Ladies and Gentlemen:

I am returning herewith, without my approval, Senate Bill No. 5525 entitled:

"AN ACT Relating to appointment of a county legislative authority member of the forest practices board;"

Senate Bill No. 5525 limits a governor's appointment authority to the Forest Practices Board. Under the current statute, a governor must appoint an elected member of a county legislative authority to serve as one of the members of the Forest Practices Board. Senate Bill No. 5525 would limit a governor's selection to an exclusive list of three provided by the Washington State Association of Counties. A governor would not have the ability to ask for more names if none of the first three were acceptable.

The current statutory arrangement for the appointment of the county member to the Forest Practices Board has worked well. A governor should, and most governors have, as a matter of practice consulted with the Washington State Association of Counties when selecting the county member.

I will continue to consult with the Washington State Association of Counties on this important appointment. Senate Bill No.5525 is too restrictive and sets an unnecessary precedent in limiting a governor's discretion in making appointments. A limitation of such extent is not warranted.

For these reasons, I have vetoed Senate Bill No. 5525 in its entirety.

Respectfully submitted,

GARY LOCKE, Governor

MOTION

On motion of Senator Betti Sheldon, the veto message on Senate Bill No. 5525 was held at the desk.

MESSAGES FROM THE HOUSE

April 14, 1999

MR. PRESIDENT:

The House has passed:

SECOND SUBSTITUTE HOUSE BILL NO. 1987,

SUBSTITUTE HOUSE BILL NO. 2273, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

DEAN R. FOSTER, Co-Chief Clerk

April 15, 1999

MR. PRESIDENT:

The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5909, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

DEAN R. FOSTER, Co-Chief Clerk

SIGNED BY THE PRESIDENT

The President signed:

ENGROSSED SUBSTITUTE SENATE BILL NO. 5909.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

On motion of Senator Prentice, Gubernatorial Appointment No. 9138, David E. Lamb, as a member of the Small Business Export Finance Center Board of Directors, was confirmed.

Senators Prentice and Snyder spoke to the confirmation of David E. Lamb, as a member of the Small Business Export Finance Center Board of Directors.

APPOINTMENT OF DAVID E. LAMB

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

Voting yea: Senators Bauer, Benton, Costa, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 41.

Absent: Senators Deccio, Honeyford and Long - 3.

Excused: Senators Brown, Fairley, Patterson, Thibaudeau and Wojahn - 5.

MOTION

On motion of Senator Hale, Senators Deccio, Long and West were excused.

MOTION

On motion of Senator Franklin, Gubernatorial Appointment No. 9206, Linda Lanham, as a member of the Personnel Resources Board, was confirmed.

APPOINTMENT OF LINDA LANHAM

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 39; Nays, 2; Absent, 1; Excused, 7.

Voting yea: Senators Bauer, Brown, Costa, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker and Winsley - 39.

Voting nay: Senators Benton and Zarelli - 2.

Absent: Senator Snyder - 1.

Excused: Senators Deccio, Fairley, Long, Patterson, Thibaudeau, West and Wojahn - 7.

MOTION

On motion of Senator Haugen, Gubernatorial Appointment No. 9089, Dr. Barbara Anderson, as a member of the Board of Trustees for Skagit Valley Community College District No. 4, was confirmed.

Senators Haugen and Johnson spoke to the confirmation of Dr. Barbara Anderson as a member of the Board of Trustees for Skagit Valley Community College District No. 4.

APPOINTMENT OF DR. BARBARA ANDERSON

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 1; Excused, 7.

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Loveland, McAuliffe, McCaslin, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 41.

Absent: Senator Snyder - 1.

Excused: Senators Deccio, Fairley, Long, McDonald, Patterson, Thibaudeau and Wojahn - 7.

MOTION

On motion of Senator Fraser, Gubernatorial Appointment No. 9139, Karen Lane, as a member of the Board of Trustees for The Evergreen State College, was confirmed.

APPOINTMENT OF KAREN LANE

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 1; Absent, 2; Excused, 5.

Voting yea: Senators Bauer, Brown, Costa, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 41.

Voting nay: Senator Benton - 1.

Absent: Senators Loveland and Spanel - 2.

Excused: Senators Deccio, Fairley, Long, McDonald and Thibaudeau - 5.

MOTION

On motion of Senator Franklin, Senator Haugen was excused.

MOTION

On motion of Senator Patterson, Gubernatorial Appointment No. 9074, H. George Morton, as Director of the Department of Printing, was confirmed.

APPOINTMENT OF H. GEORGE MORTON

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

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 42.

Absent: Senator Finkbeiner - 1.

Excused: Senators Deccio, Fairley, Haugen, Long, McDonald and Thibaudeau - 6.

MOTION

On motion of Senator Franklin, Gubernatorial Appointment No. 9157, Lorena Ovena, as a member of the Board of Trustees for Tacoma Community College District No. 22, was confirmed.

APPOINTMENT OF LORENA OVENA

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

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 43.

Absent: Senators Finkbeiner and Snyder - 2.

Excused: Senators Deccio, Fairley, Haugen and Thibaudeau - 4.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 1204, by House Committee on Capital Budget (originally sponsored by Representatives K. Schmidt, Fisher, Romero, Mitchell, G. Chandler, Murray, Linville and Wood)

Coordinating land acquisition and environmental mitigation activities.

The bill was read the second time.

MOTION

Senator Hochstatter moved that the following amendment be adopted:

On page 3, line 11, after “with fiscal year" strike "2005" and insert “2001"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Hochstatter on page 3, line 11, to Substitute House Bill No. 1204.

The motion by Senator Hochstatter failed and the amendment was not adopted.

MOTION

Senator Hochstatter moved that the following amendment be adopted:

On page 3, line 16, after "year." insert "Any state agency retaining a parcel of land of not more than twenty acres shall also provide to the office the current income earned on each of these parcels, and the reason for retaining such parcel or parcels."

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Hochstatter on page 3, line 16, to Substitute House Bill No. 1204.

The motion by Senator Hochstatter failed and the amendment was not adopted.

MOTION

On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 1204, as amended by the Senate, 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 House Bill No. 1204, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1204, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 46.

Excused: Senators Deccio, Fairley and Thibaudeau - 3.

SUBSTITUTE HOUSE BILL NO. 1204, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SECOND SUBSTITUTE HOUSE BILL NO. 1037, by House Committee on Appropriations (originally sponsored by Representatives Bush, Morris and Ruderman)

Creating a registry of Washington resident's electronic mail addresses to facilitate a program that allows private interactive computer service providers to limit unsolicited commercial electronic mail messages.

The bill was read the second time.

MOTION

On motion of Senator Brown, the following Committee on Ways and Means striking amendment was not adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 19.190.010 and 1998 c 149 s 2 are each amended to read as follows:

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Assist the transmission" means actions taken by a person to provide substantial assistance or support which enables any person to formulate, compose, send, originate, initiate, or transmit a commercial electronic mail message when the person providing the assistance knows or consciously avoids knowing that the initiator of the commercial electronic mail message is engaged, or intends to engage, in any practice that violates the consumer protection act.

(2) "Commercial electronic mail message" means an electronic mail message sent for the purpose of promoting real property, goods, or services for sale or lease. It does not mean an electronic mail message to which an interactive computer service provider has attached an advertisement in exchange for free use of an electronic mail account, when the sender has agreed to such an arrangement.

(((2))) (3) "Electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered.

(((3))) (4) "Initiate the transmission" refers to the action by the original sender of an electronic mail message, not to the action by any intervening interactive computer service that may handle or retransmit the message, unless such intervening interactive computer service assists in the transmission of an electronic mail message when it knows, or consciously avoids knowing, that the person initiating the transmission is engaged, or intends to engage, in any act or practice that violates the consumer protection act.

(((4))) (5) "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.

(((5))) (6) "Internet domain name" refers to a globally unique, hierarchical reference to an internet host or service, assigned through centralized internet naming authorities, comprising a series of character strings separated by periods, with the right-most string specifying the top of the hierarchy.

(7) "Person" means a person, corporation, partnership, or association.

(8) "Unsolicited commercial electronic mail message" means a commercial electronic mail message:

(a) Sent without a recipient's prior consent;

(b) Sent to a recipient with whom the sender does not have a preexisting or ongoing business or personal relationship; and

Sec. 2. RCW 19.190.020 and 1998 c 149 s 3 are each amended to read as follows:

(1) No person((, corporation, partnership, or association)) may initiate the transmission, conspire with another to initiate the transmission, or assist the transmission, of a commercial electronic mail message from a computer located in Washington or to an electronic mail address that the sender knows, or has reason to know, is held by a Washington resident that:

(a) Uses a third party's internet domain name without permission of the third party, or otherwise misrepresents or obscures any information in identifying the point of origin or the transmission path of a commercial electronic mail message; ((or))

(b) Contains false or misleading information in the subject line; or

(c) Fails to prominently display in the body of an unsolicited commercial electronic mail message the following identifying information: The legal name, mailing address, physical address, true electronic mail address, and telephone number, including area code, of the person initiating the transmission of the message, or his or her registered agent in the state of Washington.

(2) For purposes of this section, a person((, corporation, partnership, or association)) knows that the intended recipient of a commercial electronic mail message is a Washington resident if that information is available, upon request, from the registrant of the internet domain name contained in the recipient's electronic mail address.

Sec. 3. RCW 19.190.030 and 1998 c 149 s 4 are each amended to read as follows:

(1) It is a violation of the consumer protection act, chapter 19.86 RCW, to conspire with another person to initiate the transmission or to initiate the transmission of a commercial electronic mail message that:

(b) Contains false or misleading information in the subject line; or

(2) It is a violation of the consumer protection act, chapter 19.86 RCW, to assist in the transmission of a commercial electronic mail message, when the person providing the assistance knows, or consciously avoids knowing, that the initiator of the commercial electronic mail message is engaged, or intends to engage, in any act or practice that violates the consumer protection act.

(3) The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.

NEW SECTION. Sec. 4. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(3) "Electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered.

(4) "Initiate the transmission" refers to the action by the original sender of an electronic mail message, not to the action by any intervening interactive computer service that may handle or retransmit the message, unless such intervening interactive computer service assists in the transmission of an electronic mail message when it knows, or consciously avoids knowing, that the person initiating the transmission is engaged, or intends to engage, in any act or practice that violates the consumer protection act.

(5) "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.

(6) "Person" means a person, corporation, partnership, or association.

(7) "Publish" means to do either of the following with respect to the interactive computer service provider's policy on unsolicited commercial electronic mail messages:

(a) Make that policy available upon request in written form at no charge; or

(b) Display that policy through an on-line notice on the internet home page of the interactive computer service provider, or a page accessible through a conspicuous link on the internet home page of the interactive computer service provider.

(8) "Registered user" means a person that maintains an electronic mail address with an interactive computer service provider.

(9) "Unsolicited commercial electronic mail message" means a commercial electronic mail message:

(a) Sent without a recipient's prior consent;

(b) Sent to a recipient with whom the sender does not have a preexisting or ongoing business or personal relationship; and

NEW SECTION. Sec. 5. No registered user shall use or cause to be used the registered user's interactive computer service provider's service or equipment located in this state in violation of the interactive computer service provider's published policy prohibiting or restricting the use of its service or equipment for the initiation of unsolicited commercial electronic mail messages.

NEW SECTION. Sec. 6. No person shall initiate, conspire with another person to initiate, or assist the transmission of an unsolicited commercial electronic mail message and use, or cause to be used, an interactive computer service provider's equipment located in this state in violation of that interactive computer service provider's published policy prohibiting or restricting the use of its service or equipment to deliver unsolicited commercial electronic messages.

NEW SECTION. Sec. 7. An interactive computer service provider is not required to create a policy prohibiting or restricting the use of its service or equipment for the initiation or delivery of unsolicited commercial electronic mail messages.

NEW SECTION. Sec. 8. This chapter does not limit or restrict the rights of an interactive computer service provider under Section 230(c)(1) of Title 47 of the United States Code, under chapter 19.190 RCW, or any decision of an interactive computer service provider to permit to restrict access to or use of its system, or any exercise of its editorial function.

NEW SECTION. Sec. 9. (1) In addition to any other action available under law, any interactive computer service provider whose published policy on unsolicited commercial electronic mail messages is violated as provided in this chapter may bring a civil action against a person or a registered user:

(a) Who initiates or conspires to initiate a message transmitted in violation of the interactive computer service provider's published policy; or

(b) Who assists in the transmission of a message, when the person providing the assistance knows, or consciously avoids knowing, that the person initiating the transmission is engaged in, or intends to engage in, any acts or practices that violate an interactive computer service provider's published policy.

(2) In any action brought pursuant to subsection (1) of this section, an interactive computer service provider shall be required to establish as an element of its cause of action that prior to the alleged violation, the defendant had notice of both of the following:

(a) The policy of the interactive computer service provider regarding unsolicited commercial electronic mail messages; and

(b) The fact that the defendant's unsolicited commercial electronic mail message would use or cause to be used the interactive computer service provider's equipment located in this state.

(3) In addition to any other action available under law, a customer of an interactive computer service provider who receives commercial electronic mail in violation of the interactive computer service provider's published policy on unsolicited commercial electronic mail messages as provided in this chapter may bring a civil action against a person:

(a) Who initiates or conspires to initiate a message to a customer that is transmitted in violation of an interactive computer service provider's published policy; or

(b) Who assists in the transmission of a message to a customer, when the person providing the assistance knows, or consciously avoids knowing, that the person initiating the transmission is engaged in, or intends to engage in, any acts or practices that violate an interactive computer service provider's published policy.

(4) In any action brought pursuant to subsection (3) of this section, a customer of an interactive computer service provider shall be required to establish as an element of his or her cause of action that prior to the alleged violation, the defendant had notice of both of the following:

(a) The policy of the customer's interactive computer service provider regarding unsolicited commercial electronic mail messages; and

(b) The fact that the defendant's unsolicited commercial electronic mail message would use or cause to be used the interactive computer service provider's equipment located in this state.

(5) An interactive computer service provider may recover the actual monetary loss suffered by that provider by reason of a violation of its published policy, or liquidated damages of fifty dollars for each message initiated or delivered in violation of this chapter, up to a maximum of twenty-five thousand dollars per day, whichever amount is greater.

(6) A customer may recover liquidated damages of five hundred dollars for each unsolicited commercial electronic mail message received by the customer in violation of this chapter, up to a maximum of twenty-five thousand dollars per day, whichever amount is greater.

(7) The prevailing party in any action brought under this section is entitled to recover costs and reasonable attorneys' fees.

NEW SECTION. Sec. 10. RCW 19.190.005 (Findings) and 1998 c 149 s 1 are each repealed.

NEW SECTION. Sec. 11. Sections 4 through 9 of this act constitute a new chapter in Title 19 RCW."

MOTION

Senator Brown moved that the following striking amendment be adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 19.190.010 and 1998 c 149 s 2 are each amended to read as follows:

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(((2))) (3) "Electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered.

(7) "Person" means a person, corporation, partnership, or association.

Sec. 2. RCW 19.190.020 and 1998 c 149 s 3 are each amended to read as follows:

(b) Contains false or misleading information in the subject line.

Sec. 3. RCW 19.190.030 and 1998 c 149 s 4 are each amended to read as follows:

(b) Contains false or misleading information in the subject line.

NEW SECTION. Sec. 4. RCW 19.190.005 (Findings) and 1998 c 149 s 1 are each repealed."

Debate ensued.

MOTION

On motion of Senator Finkbeiner, the following amendment to the striking amendment by Senator Brown was adopted:

On page 3, after line 18, insert the following:

"NEW SECTION. Sec. 5. (1) The legislature finds that:

(a) The internet presents a new medium of communication through which speakers can publish false or defamatory statements about businesses or individuals to vast audiences at little or no cost to the speaker;

(b) The publication of false or defamatory statements via the internet has the potential to cause serious injury to the victims of such statements, particularly financial injury to businesses that are the victims of false or defamatory on-line rumors about their stock, products or services, or executives or personnel;

(c) False or defamatory statements on the internet are often published anonymously, making it difficult for victims to determine the identity and physical location of the speakers; and

(d) Current legal procedures do not adequately address the challenges and opportunities the internet presents as a new medium of communication, both as a tool for publishing false or defamatory statements and for pursuing legal recourse against the speakers of such statements.

(2) The legislature therefore intends that:

(a) When the internet is used to publish false or defamatory statements about individuals residing in Washington or businesses doing business in Washington, a rebuttable presumption is created that the statements are published in Washington; and

(b) When the identity or physical location of a speaker who has published false or defamatory statements via the internet about an individual residing in Washington or a business doing business in Washington is not known, a plaintiff in an action for libel or slander may serve a summons by publication via the internet.

Sec. 6. RCW 4.36.120 and Code 1881 s 99 are each amended to read as follows:

In an action for libel or slander, it shall not be necessary to state in the complaint any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause arose, but it shall be sufficient to state generally, that the same was published or spoken concerning the plaintiff; and if such allegation be controverted, the plaintiff shall be bound to establish on trial that it was so published or spoken. Where false or defamatory statements concerning a person residing in Washington or a business doing business in Washington are posted or electronically transmitted via the internet, a rebuttable presumption is created that the statements have been published in Washington.

Sec. 7. RCW 4.28.100 and 1981 c 331 s 13 are each amended to read as follows:

When the defendant cannot be found within the state, and upon the filing of an affidavit of the plaintiff, his agent, or attorney, with the clerk of the court, stating that he believes that the defendant is not a resident of the state, or cannot be found therein, and that he has deposited a copy of the summons (substantially in the form prescribed in RCW 4.28.110) and complaint in the post office, directed to the defendant at his place of residence, unless it is stated in the affidavit that such residence is not known to the affiant, and stating the existence of one of the cases hereinafter specified, the service may be made by publication of the summons, by the plaintiff or his attorney in any of the following cases:

(1) When the defendant is a foreign corporation, and has property within the state;

(2) When the defendant, being a resident of this state, has departed therefrom with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with like intent;

(3) When the defendant is not a resident of the state, but has property therein and the court has jurisdiction of the subject of the action;

(4) When the action is for divorce in the cases prescribed by law;

(5) When the subject of the action is real or personal property in this state, and the defendant has or claims a lien or interest, actual or contingent, therein, or the relief demanded consists wholly, or partly, in excluding the defendant from any interest or lien therein;

(6) When the action is to foreclose, satisfy, or redeem from a mortgage, or to enforce a lien of any kind on real estate in the county where the action is brought, or satisfy or redeem from the same;

(7) When the action is against any corporation, whether private or municipal, organized under the laws of the state, and the proper officers on whom to make service do not exist or cannot be found;

(8) When the action is brought under RCW 4.08.160 and 4.08.170 to determine conflicting claims to property in this state; and

(9) When the action is for defamation concerning a person residing in Washington or a business doing business in Washington, where the false or defamatory statements were posted or electronically transmitted via the internet and the identity of the defendant is not known or readily ascertainable.

Sec. 8. RCW 4.28.110 and 1985 c 469 s 2 are each amended to read as follows:

The publication shall be made in a newspaper of general circulation in the county where the action is brought once a week for six consecutive weeks: PROVIDED, That publication of summons shall not be made until after the filing of the complaint, and the service of the summons shall be deemed complete at the expiration of the time prescribed for publication. The summons must be subscribed by the plaintiff or his attorney or attorneys. The summons shall contain the date of the first publication, and shall require the defendant or defendants upon whom service by publication is desired, to appear and answer the complaint within sixty days from the date of the first publication of the summons; and the summons for publication shall also contain a brief statement of the object of the action. The summons for publication shall be substantially as follows:

In the superior court of the State of Washington for the county of . . . . . .

. . . . . . . . ., Plaintiff,

vs. No. . . . .

. . . . . . . . ., Defendant.

The State of Washington to the said (naming the defendant or defendants to be served by publication):

You are hereby summoned to appear within sixty days after the date of the first publication of this summons, to wit, within sixty days after the . . . . day of . . . . . ., 1. . . ., and defend the above entitled action in the above entitled court, and answer the complaint of the plaintiff . . . . . ., and serve a copy of your answer upon the undersigned attorneys for plaintiff . . . . . ., at his (or their) office below stated; and in case of your failure so to do, judgment will be rendered against you according to the demand of the complaint, which has been filed with the clerk of said court. (Insert here a brief statement of the object of the action.)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,

Plaintiff's Attorneys.

P.O. Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Washington.

When service of summons by publication is authorized under RCW 4.28.100(9), the publication specified in this section may be made via the internet, provided that the summons shall be posted to the same on-line location where the false or defamatory statements were posted or electronically transmitted to the electronic address of the sender of the false or defamatory statements, once a week for six consecutive weeks.

NEW SECTION. Sec. 9. 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."

Renumber the remaining section consecutively and correct any internal references accordingly.

The President declared the question before the Senate to be the adoption of the striking amendment by Senator Brown, as amended, to Second Substitute House Bill No. 1037.

The motion by Senator Brown carried and the striking amendment, as amended, was adopted.

MOTIONS

On motion of Senator Brown, the following title amendments were considered simultaneously and were adopted:

On page 1, line 1 of the title, after "mail;" strike the remainder of the title and insert "amending RCW 19.190.010, 19.190.020, and 19.190.030; and repealing RCW 19.190.005."

On page 3, line 23 of the title amendment, after "19.190.020," strike "and 19.190.030" and insert "19.190.030, 4.36.120, 4.28.100, and 4.28.110; creating a new section;"

On motion of Senator Brown, the rules were suspended, Second Substitute House Bill No. 1037, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 1037, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute House Bill No. 1037, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

Excused: Senators Deccio and Fairley - 2.

SECOND SUBSTITUTE HOUSE BILL NO. 1037, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

At 10:11 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.

The Senate was called to order at 11:09 a.m. by President Owen.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

On motion of Senator Spanel, Gubernatorial Appointment No. 9179, Teri Treat, as a member of the Board of Trustees for Whatcom Community College District No. 21, was confirmed.

APPOINTMENT OF TERI TREAT

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 3; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.

Absent: Senators Hargrove, McAuliffe and McCaslin - 3.

Excused: Senator Deccio - 1.

MOTIONS

On motion of Senator Honeyford, Senator West was excused.

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

MOTION

On motion of Senator Kohl-Welles, Gubernatorial Appointment No. 9201, Jeffrey H. Brotman, as a member of the Board of Regents for the University of Washington, was confirmed.

APPOINTMENT OF JEFFREY H. BROTMAN

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

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Winsley, Wojahn and Zarelli - 44.

Absent: Senator Sellar - 1.

Excused: Senators Deccio, Loveland, Thibaudeau and West - 4.

MOTION

On motion of Senator Bauer, Gubernatorial Appointment No. 9159, Kim Peery, as a member of the Board of Trustees for Clark Community College District No. 14, was confirmed.

APPOINTMENT OF KIM PEERY

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 37; Nays, 7; Absent, 1; Excused, 4.

Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Winsley and Wojahn - 37.

Voting nay: Senators Benton, Hochstatter, Honeyford, Morton, Stevens, Swecker and Zarelli - 7.

Absent: Senator Finkbeiner - 1.

Excused: Senators Deccio, Loveland, Thibaudeau and West - 4.

MOTION

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

SENATE RESOLUTION 1999-8669

By Senators Shin, Costa, Patterson, Eide, Jacobsen, Snyder, Kline, Hargrove, Goings, McAuliffe, Heavey, Benton, Prentice, Franklin, B. Sheldon, Thibaudeau, Brown, Roach, Winsley, Spanel, Wojahn, Gardner, McDonald, Finkbeiner, Fairley, Fraser, Haugen, Rasmussen, Bauer, Kohl-Welles, T. Sheldon, Sheahan, Loveland, Johnson and Long

WHEREAS, There are ninety million people in seven million workplaces in the United States who work hard to support themselves and their families; and

WHEREAS, The nation's workers represent the backbone of the economy and have made the United States the most prosperous country in the world; and

WHEREAS, On an average day, one hundred fifty-four workers lose their lives in our country as a result of workplace injuries and illnesses, and another seventeen thousand are injured; and

WHEREAS, In 1996, Washington had one hundred twenty-eight work-related fatalities and one hundred sixty thousand work-related illnesses and injuries; and

WHEREAS, Government action can make a difference as evidenced by the Occupational Safety and Health Act passed in 1970, which led to a drastic reduction in workplace deaths and injuries;

NOW, THEREFORE, BE IT RESOLVED, That the Senate recognize the many millions of workers who have contributed to America and honor those who have suffered injuries or who have died on the job; and

BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to Ron Harrell of the International Association of Machinists and Aerospace Workers.

Senators Shin, Franklin, Hochstatter and Costa spoke to Senate Resolution 1999-8669.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced members of the International Association of Machinists and Aerospace Workers who were seated in the gallery.

MOTION

On motion of Senator Betti Sheldon, the Senate reverted to the sixth order of business.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 1345, by House Committee on Economic Development (originally sponsored by Representatives O'Brien, Radcliff, Ballasiotes, Tokuda, Van Luven, Pennington, McIntire, Sheahan, Kagi, Sullivan, Cody, Veloria, Constantine, Edwards, Cooper, Rockefeller, D. Sommers, Campbell, McDonald, Edmonds, Ruderman and Dunn)

Exempting certain low-income rental housing from property taxes.

The bill was read the second time.

MOTION

Senator Benton moved that the following amendments be considered simultaneously and be adopted:

On page 1, line 12, after "(b)", strike "At least seventy-five" and insert "One hundred"

On page 2, at the beginning of line 1, strike all material through "claimed." on line 14.

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 amendments by Senator Benton on page 1, line 12, and page 2, at the beginning of line 1, to Substitute House Bill No. 1345.

The motion by Senator Benton failed and the amendments were not adopted

MOTION

Senator Benton moved that the following amendments be considered simultaneously and be adopted:

On page 1, line 13, after "by", strike "very low-income" and insert "eligible"

On page 2, line 2, after "by", strike "very low-income" and insert "eligible"

On page 2, line 7, after "by", strike "very low-income" and insert "eligible"

On page 2, line 11, after "by", strike "very low-income" and insert "eligible"

On page 2, after line 30, insert:

"(a) "Eligible household" means a very low-income household that has occupied a dwelling unit in rental housing for very-low income households for not longer than two years."

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 amendments by Senator Benton on page 1, line 13; page 2, lines 2, 7, 11, and after line 30, to Substitute House Bill No. 1345.

The motion by Senator Benton failed and the amendments were not adopted.

MOTION

Senator Benton moved that the following striking amendment be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 84.36 RCW to read as follows:

(1) The real and personal property owned or used in providing rental housing for very low-income households is exempt from taxation if:

(a) At least seventy-five percent of the occupied dwelling units in the rental housing are occupied by very low-income households; and

(b) The rental housing was insured, financed, or assisted in whole or in part through:

(i) A federal or state housing program administered by the department of community, trade, and economic development; or

(ii) An affordable housing levy authorized under RCW 84.52.105.

(2) If less than seventy-five percent of the dwelling units are occupied by very low-income households, the rental housing used to provide housing for very low-income households is eligible for a partial exemption on the real property and a total exemption of the housing's personal property as follows:

(a) The partial exemption shall be allowed for each dwelling unit in the rental housing occupied by very low-income households.

(b) The amount of exemption shall be calculated by multiplying the assessed value of the property reasonably necessary to provide the rental housing by a fraction. The numerator of the fraction is the number of dwelling units occupied by very low-income households as of January 1st of the year for which the exemption is claimed. The denominator of the fraction is the total number of occupied dwelling units as of January 1st of the year for which exemption is claimed.

(3) To be exempt under this section, the property must be used exclusively for the purposes for which exemption is granted, except as provided in RCW 84.36.805.

(4) The entity qualifying for the exemption under this section by providing rental housing for very low-income households may agree to make payments to the city, county, or other political subdivision for improvements, services, and facilities furnished by the city, county, or political subdivision for the benefit of the rental housing. However, these payments shall not exceed the amount last levied as the annual tax of the city, county, or political subdivision upon the property prior to exemption.

(5) As used in this section:

(a) "Occupied dwelling unit" means a living unit that is occupied on January 1st of the year in which the claim for exemption is submitted;

(b) "Rental housing" means residential housing that is occupied but not owned by very low-income households;

(c) "Very low-income households" means a single person, family, or unrelated persons living together whose income is at or below fifty percent of the median income adjusted for family size as most recently determined by the federal department of housing and urban development for the county in which the rental housing is located and in effect as of January 1st of the year the application for exemption is submitted; and

Sec. 2. RCW 84.36.810 and 1998 c 311 s 26 and 1998 c 202 s 4 are each amended to read as follows:

(1) Upon cessation of a use under which an exemption has been granted pursuant to RCW 84.36.030, 84.36.037, 84.36.040, 84.36.041, 84.36.043, 84.36.046, 84.36.050, 84.36.060, 84.36.550, ((and)) 84.36.042, and section 1 of this act, the county treasurer shall collect all taxes which would have been paid had the property not been exempt during the three years preceding, or the life of such exemption, if such be less, together with the interest at the same rate and computed in the same way as that upon delinquent property taxes. Where the property has been granted an exemption for more than ten years, taxes and interest shall not be assessed under this section.

(2) Subsection (1) of this section applies only when ownership of the property is transferred or when fifty-one percent or more of the area of the property has lost its exempt status. The additional tax under subsection (1) of this section shall not be imposed if the cessation of use resulted solely from:

(a) Transfer to a nonprofit organization, association, or corporation or other entity for a use which also qualifies and is granted exemption under the provisions of chapter 84.36 RCW;

(b) A taking through the exercise of the power of eminent domain, or sale or transfer to an entity having the power of eminent domain in anticipation of the exercise of such power;

(c) Official action by an agency of the state of Washington or by the county or city within which the property is located which disallows the present use of such property;

(d) A natural disaster such as a flood, windstorm, earthquake, or other such calamity rather than by virtue of the act of the organization, association, or corporation changing the use of such property;

(e) Relocation of the activity and use of another location or site except for undeveloped properties of camp facilities exempted under RCW 84.36.030;

(f) Cancellation of a lease on property that had been exempt under RCW 84.36.040, 84.36.041, 84.36.043, 84.36.046, 84.36.060, or 84.36.042, or section 1 of this act;

(g) A change in the exempt portion of a home for the aging under RCW 84.36.041(3), as long as some portion of the home remains exempt((;

(h) The conversion of a full exemption of a home for the aging to a partial exemption or taxable status or the conversion of a partial exemption to taxable status under RCW 84.36.041(8))).

NEW SECTION. Sec. 3. This act applies to taxes levied in 1999 for collection in 2000 and thereafter."

Debate ensued.

Senator Johnson 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 striking amendment by Senator Benton to Substitute House Bill No. 1345.

ROLL CALL

The Secretary called the roll and the striking amendment was not adopted by the following vote: Yeas, 17; Nays, 32; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, McDonald, Oke, Roach, Rossi, Sellar, Sheahan, Stevens, West, Winsley and Zarelli - 17. Voting nay: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau and Wojahn - 32.

MOTION

On motion of Senator Gardner, the rules were suspended, Substitute House Bill No. 1345 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 Betti Sheldon, further consideration of Substitute House Bill No. 1345 was deferred.

MOTION

At 12:10 p.m., on motion of Senator Betti Sheldon, the Senate recessed until 1:30 p.m.

The Senate was called to order at 1:30 p.m. by President Owen.

MOTION

On motion of Senator Betti Sheldon, the Senate reverted to the fourth order of business.

MESSAGES FROM THE HOUSE

April 15, 1999

MR. PRESIDENT:

The Co-Speakers have signed SECOND SUBSTITUTE SENATE BILL NO. 5171, and the same is herewith transmitted.

DEAN R. FOSTER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk

April 15, 1999

MR. PRESIDENT:

The Co-Speakers have signed:

SUBSTITUTE HOUSE BILL NO. 1013,

HOUSE BILL NO. 1042,

HOUSE BILL NO. 1050,

HOUSE BILL NO. 1150,

SUBSTITUTE HOUSE BILL NO. 1212,

SUBSTITUTE HOUSE BILL NO. 1224,

HOUSE BILL NO. 1321,

HOUSE BILL NO. 1421,

HOUSE BILL NO. 1463,

SUBSTITUTE HOUSE BILL NO. 1592,

SUBSTITUTE HOUSE BILL NO. 1593,

SUBSTITUTE HOUSE BILL NO. 2111,

HOUSE BILL NO. 2200,

HOUSE BILL NO. 2264, and the same are herewith transmitted.

DEAN R. FOSTER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk-

SIGNED BY THE PRESIDENT

The President signed:

SUBSTITUTE HOUSE BILL NO. 1013,

HOUSE BILL NO. 1042,

HOUSE BILL NO. 1050,

HOUSE BILL NO. 1150,

SUBSTITUTE HOUSE BILL NO. 1212,

SUBSTITUTE HOUSE BILL NO. 1224,

HOUSE BILL NO. 1321,

HOUSE BILL NO. 1421,

HOUSE BILL NO. 1463,

SUBSTITUTE HOUSE BILL NO. 1592,

SUBSTITUTE HOUSE BILL NO. 1593,

SUBSTITUTE HOUSE BILL NO. 2111,

HOUSE BILL NO. 2200,

HOUSE BILL NO. 2264.

MOTION

On motion of Senator Betti Sheldon, the Senate advanced to the sixth order of business.

MOTION

On motion of Senator Goings, Senator Kohl-Welles was excused.

MOTION

On motion of Senator Franklin, Senator Loveland was excused.

MOTION

On motion of Senator Stevens, Senators Honeyford and Long were excused.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

On motion of Senator Goings, Gubernatorial Appointment No. 9008, Captain Harry Dudley, as a member of the Board of Pilotage Commissioners, was confirmed.

APPOINTMENT OF CAPTAIN HARRY DUDLEY

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 37; Nays, 0; Absent, 8; Excused, 4.

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 37. Absent: Senators Deccio, Finkbeiner, Horn, McAuliffe, McCaslin, Sellar, Spanel and West - 8. Excused: Senators Honeyford, Kohl-Welles, Long and Loveland - 4.

MOTION

On motion of Senator Goings, Gubernatorial Appointment No. 9030, Dennis Marshall, as a member of the Board of Pilotage Commissioners, was confirmed.

APPOINTMENT OF DENNIS MARSHALL

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

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

Absent: Senators Finkbeiner, Sellar and Spanel - 3.

Excused: Senators Kohl-Welles and Loveland - 2.

SECOND READING

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2079 by House Committee on Natural Resources (originally sponsored by Representatives Regala, Buck, Eickmeyer, Anderson, Rockefeller, Romero, Veloria and Keiser)

Promoting salmon recovery.

The bill was read the second time.

MOTION

On motion of Senator Jacobsen, the following Committee on Ways and Means striking amendment was not adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 75.46.005 and 1998 c 246 s 1 are each amended to read as follows:

The legislature finds that repeated attempts to improve salmonid fish runs throughout the state of Washington have failed to avert listings of salmon and steelhead runs as threatened or endangered under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.). These listings threaten the sport, commercial, and tribal fishing industries as well as the economic well-being and vitality of vast areas of the state. It is the intent of the legislature to begin activities required for the recovery of salmon stocks as soon as possible, although the legislature understands that successful recovery efforts may not be realized for many years because of the life cycle of salmon and the complex array of natural and human-caused problems they face.

The legislature finds that it is in the interest of the citizens of the state of Washington for the state to retain primary responsibility for managing the natural resources of the state, rather than abdicate those responsibilities to the federal government. The legislature also finds that there is a substantial link between the provisions of the federal endangered species act and the federal clean water act (33 U.S.C. Sec. 1251 et seq.). The legislature further finds that habitat restoration is a vital component of salmon recovery efforts. Therefore, it is the intent of the legislature to specifically address salmon habitat restoration in a coordinated manner and to develop a structure that allows for the coordinated delivery of federal, state, and local assistance to communities for habitat projects that will assist in the recovery and enhancement of salmon stocks.

The legislature also finds that credible scientific review and oversight is essential for any salmon recovery effort to be successful.

The legislature therefore finds that a coordinated framework for responding to the salmon crisis is needed immediately. To that end, the salmon recovery office should be created within the governor's office to provide overall coordination of the state's response; an independent science team is needed to provide scientific review and oversight; a consolidated state funding process should be established through a salmon recovery funding board; the appropriate local or tribal government should provide local leadership in identifying and sequencing habitat restoration projects to be funded by state agencies; habitat restoration projects should be implemented without delay; and a strong locally based effort to restore salmon habitat should be established by providing a framework to allow citizen volunteers to work effectively.

Sec. 2. RCW 75.46.010 and 1998 c 246 s 2 are each amended to read as follows:

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Adaptive management" means reliance on scientific methods to test the results of actions taken so that the management and related policy can be changed promptly and appropriately.

(2) "Board" means the salmon recovery funding board created in section 3 of this act.

(3) "Critical pathways methodology" means a project scheduling and management process for examining interactions between habitat projects and salmonid species, prioritizing habitat projects, and assuring positive benefits from habitat projects.

(((3))) (4) "Habitat project list" is the list of projects resulting from the critical pathways methodology under RCW 75.46.070(2). Each project on the list must have a written agreement from the landowner on whose land the project will be implemented. Projects include habitat restoration projects, habitat protection projects, habitat projects that improve water quality, habitat projects that protect water quality, habitat-related mitigation projects, and habitat project maintenance and monitoring activities.

(((4))) (5) "Habitat work schedule" means those projects from the habitat project list that will be implemented during the current funding cycle. The schedule shall also include a list of the entities and individuals implementing projects, the start date, duration, estimated date of completion, estimated cost, and funding sources for the projects.

(((5))) (6) "Limiting factors" means conditions that limit the ability of habitat to fully sustain populations of salmon. ((These factors are primarily fish passage barriers and degraded estuarine areas, riparian corridors, stream channels, and wetlands.

(6))) (7) "Listed stocks" means salmon and trout stocks that are listed or proposed for listing as threatened or endangered under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq.

(8) "Project sponsor" is a county, city, special district, tribal government, state agency, federal agency, a combination of such governments through interlocal or interagency agreement((s provided under chapter 39.34 RCW)), a nonprofit organization, or one or more private citizens.

(((7))) (9) "Salmon" includes all species of the family Salmonidae which are capable of self-sustaining, natural production.

(((8))) (10) "Salmon recovery plan" means a state plan developed in response to a proposed or actual listing under the federal endangered species act that addresses limiting factors including, but not limited to harvest, hatchery, hydropower, habitat, and other factors of decline.

(((9))) (11) "Interagency team" or "team" means the interagency review team created in RCW 75.46.080.

(12) "Tribe" or "tribes" means federally recognized Indian tribes.

(((10))) (13) "WRIA" means a water resource inventory area established in chapter 173-500 WAC as it existed on January 1, 1997.

(((11))) (14) "Owner" means the person holding title to the land or the person under contract with the owner to lease or manage the legal owner's property.

NEW SECTION. Sec. 3. A new section is added to chapter 75.46 RCW to read as follows:

(1) The salmon recovery funding board is created.

(2) The board shall consist of three members appointed by the governor, subject to confirmation by the senate. In making the appointments, the governor shall seek a board membership with the expertise necessary to provide strong fiscal oversight of salmon recovery expenditures. Board members shall not have a financial or regulatory interest in salmon recovery. The governor shall make the appointments not later than ninety days after the effective date of this section. The initial terms shall commence October 1st. Members shall serve staggered four-year terms and, of the initial appointments, one member shall serve a term of two years and one member shall serve a term of three years. The governor shall appoint the chair of the board.

(3) Staff support to the board shall be provided by the salmon recovery office and by the interagency review team for those functions assigned to the team by this chapter.

(4) Members of the board shall be compensated as provided by RCW 43.03.250 and shall be reimbursed for travel expenses as provided by RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 4. A new section is added to chapter 75.46 RCW to read as follows:

The board is responsible for making grants and loans for salmon recovery projects from the amounts appropriated to the board for this purpose. To accomplish this purpose the board may:

(1) Provide assistance to grant applicants regarding the procedures and criteria for grant and loan awards;

(2) Accept any gifts, grants, or loans of funds, property, or financial or other aid in any form from any other source on any terms that are not in conflict with this chapter;

(3) Adopt rules under chapter 34.05 RCW as necessary to carry out the purposes of this chapter; and

(4) Do all acts and things necessary or convenient to carry out the powers expressly granted or implied under this chapter.

NEW SECTION. Sec. 5. A new section is added to chapter 75.46 RCW to read as follows:

(1) The board shall develop procedures and criteria for allocation of funds for salmon recovery projects and activities on a state-wide basis to address the highest priorities for salmon habitat protection and restoration. To the extent practicable the board shall adopt an annual allocation of funding. The allocation shall reflect the following general objectives:

(a) Allocating funding to both protection and restoration of habitat;

(b) Allocating most new funding for habitat protection and restoration to higher priority salmon recovery needs, using scientific principles and information addressing stock status, fish production potential, genetic diversity values, habitat condition including unlawful disposal of solid waste along streams, and near-term risk factors; and

(c) Encouraging the commitment of nonstate funds and other resources in projects or activities receiving a state grant or loan.

(2) The board shall seek the guidance and the assistance of the interagency review team created by RCW 75.46.080 in developing the allocation procedures and standards. The board may also seek the recommendations of the independent science panel created by RCW 75.46.050 to incorporate scientific principles and information. Prior to finalizing funding decisions under the provisions of this chapter, the board shall consult with interests representing irrigated and non-irrigated agriculture, sport and commercial fishing interests, large and small scale timber interests, conservation districts, and county and city governmental interests.

(3) The board may waive or modify portions of the allocation procedures and standards adopted under this section in the award of grants or loans to conform to legislative appropriations directing an alternative award procedure or when the funds to be awarded are from federal or other sources requiring other allocation procedures or standards as a condition of the board's receipt of the funds.

(4) In developing allocation criteria and in the review of project applications the board shall consider the recommendations which may be provided by the government council on natural resources, formed by the governor to promote cooperative intergovernmental relationships for salmon recovery.

(5) The board shall track all funds allocated for salmon recovery projects and activities, including both funds allocated by the board and funds allocated by other state or federal agencies for salmon recovery or water quality improvement. Beginning in December 2000, the board shall provide a biennial report to the legislature on salmon recovery expenditures. This report shall be coordinated with the state of the salmon report required under RCW 75.46.030.

Sec. 6. RCW 75.46.080 and 1998 c 246 s 9 are each amended to read as follows:

(1) Representatives from the conservation commission, the department of transportation, the department of ecology, and the department of fish and wildlife shall establish an interagency review team. ((Except as provided in subsection (6) of this section, habitat restoration project lists shall be submitted to the interagency review team by January 1st and July 1st of each year beginning in 1999.)) The purpose of the team is to assist the salmon recovery funding board in developing procedures and standards for state-wide funding allocation, and to assist the board in reviewing funding applications to identify the highest priority projects and activities for funding.

(2) ((If no lead entity has been formed under RCW 75.46.060, the interagency review team shall rank, prioritize, and dispense funds for habitat restoration projects by giving preference to the projects that:

(a) Provide a greater benefit to salmon recovery;

(b) Will be implemented in a more critical area;

(d) Have the greatest matched, or in-kind funding; and

(e) Will be implemented by a sponsor with a successful record of project implementation.

(3))) If a lead entity established under RCW 75.46.060 has been formed, the interagency review team shall evaluate project lists ((and may remove, but not add, projects from a habitat project list)) submitted by the lead entity and advise the board on whether the list for the area complies with the list development procedures and critical path methodology provided by RCW 75.46.060 and 75.46.070. When the board determines the list to comply with those requirements it shall accord substantial weight to the list's project priorities when making determinations among applications for funding of projects and activities within the area covered by the list.

(((4))) (3) The ((interagency review team)) board shall provide a summary of funding for ((habitat restoration project lists)) salmon recovery projects to the governor and to the legislature by December 1st of each year.

(((5))) (4) The ((interagency review team)) board may annually establish a maximum amount of funding available for any individual project, subject to available funding. ((The interagency review team shall attempt to assure a geographical balance in assigning priorities to projects.

(6) For fiscal year 1998, the department of fish and wildlife, the conservation commission, and the department of transportation may authorize, subject to appropriations, expenditures for projects that have been developed to restore salmon habitat before completion of the project lists required in RCW 75.46.060(2).

(7))) (5) Where a lead entity has been established pursuant to RCW 75.46.060, the ((interagency review team)) board may provide ((block)) grants to the lead entity to assist in carrying out lead entity functions under this chapter, subject to available funding.

NEW SECTION. Sec. 7. A new section is added to chapter 75.46 RCW to read as follows:

The salmon recovery account is created in the state treasury. To the account shall be deposited such funds as the legislature directs or appropriates to the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used for salmon recovery financial assistance provided through the salmon recovery funding board created in section 3 of this act.

Sec. 8. RCW 76.12.110 and 1998 c 347 s 55 are each amended to read as follows:

There is created a forest development account in the state treasury. The state treasurer shall keep an account of all sums deposited therein and expended or withdrawn therefrom. Any sums placed in the account shall be pledged for the purpose of paying interest and principal on the bonds issued by the department, and for the purchase of land for growing timber. Any bonds issued shall constitute a first and prior claim and lien against the account for the payment of principal and interest. No sums for the above purposes shall be withdrawn or paid out of the account except upon approval of the department.

Appropriations may be made by the legislature from the forest development account to the department for the purpose of carrying on the activities of the department on state forest lands, lands managed on a sustained yield basis as provided for in RCW 79.68.040, and for reimbursement of expenditures that have been made or may be made from the resource management cost account in the management of state forest lands. ((For the 1997-99 fiscal biennium, moneys from the account shall be distributed as directed in the omnibus appropriations act to the beneficiaries of the revenues derived from state forest lands. Funds that accrue to the state from such a distribution shall be deposited into the salmon recovery account, hereby created in the state treasury. Funds appropriated from the salmon recovery account shall be used for efforts to restore endangered anadromous fish stocks.))

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 July 1, 1999."

MOTION

On motion of Senator Jacobsen, the following striking amendment by Senators Jacobsen, Swecker and Spanel was adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 75.46.005 and 1998 c 246 s 1 are each amended to read as follows:

The legislature also finds that credible scientific review and oversight is essential for any salmon recovery effort to be successful.

The legislature further finds that it is important to monitor the overall health of the salmon resource to determine if recovery efforts are providing expected returns. It is also important to monitor the effectiveness of the state's overall salmon recovery efforts to secure federal acceptance of the state's approach to salmon recovery. In addition, it is important to monitor salmon restoration projects to determine their effectiveness. Adaptive management cannot exist without monitoring. For these reasons, the legislature believes that a coordinated and integrated monitoring process should be developed in the salmon recovery office for use by local recovery efforts. The role of the salmon recovery office should be to develop and provide to entities involved in salmon recovery data quality objectives, a range of acceptable parameters to monitor, acceptable data formats, data calibration and coordination, a method of storing and retrieving data, and analysis and interpretation of data. The role of local recovery efforts should be to collect monitoring data in compliance with the recommended data quality objectives, parameters, and formats, and to provide such data to the state salmon recovery office for storage.

The legislature therefore finds that a coordinated framework for responding to the salmon crisis is needed immediately. To that end, the salmon recovery office should be created within the governor's office to provide overall coordination of the state's response; an independent science ((team)) panel is needed to provide scientific review and oversight; a consolidated state funding process should be established through a salmon recovery funding board; the appropriate local or tribal government should provide local leadership in identifying and sequencing habitat restoration projects to be funded by state agencies; habitat restoration projects should be implemented without delay; and a strong locally based effort to restore salmon habitat should be established by providing a framework to allow citizen volunteers to work effectively.

Sec. 2. RCW 75.46.010 and 1998 c 246 s 2 are each amended to read as follows:

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Adaptive management" means reliance on scientific methods to test the results of actions taken so that the management and related policy can be changed promptly and appropriately.

(2) "Board" means the salmon recovery funding board created in section 3 of this act.

(((3))) (4) "Habitat project list" is the list of projects resulting from the critical pathways methodology under RCW 75.46.070(2). Each project on the list must have a written agreement from the landowner on whose land the project will be implemented. Projects include habitat restoration projects, habitat protection projects, habitat projects that improve water quality, habitat projects that protect water quality, habitat projects that improve streamflows, habitat-related mitigation projects, fish passage projects, fish screening projects, and habitat project corrective maintenance and monitoring activities.

(5) "Habitat activities" or "activities" means habitat protection or restoration activities by local governments, other public entities, and private entities, including public education, comprehensive planning, adoption and revision of habitat-related ordinances and programs, and other activities.

(((4))) (6) "Habitat work schedule" means those projects from the habitat project list that will be implemented during the current funding cycle. The schedule shall also include a list of the entities and individuals implementing projects, the start date, duration, estimated date of completion, estimated cost, and funding sources for the projects.

(((5))) (7) "Limiting factors" means conditions that limit the ability of habitat to fully sustain populations of salmon. ((These factors are primarily fish passage barriers and degraded estuarine areas, riparian corridors, stream channels, and wetlands.

(6))) (8) "Listed stocks" means salmon and trout stocks that are listed or proposed for listing as threatened or endangered under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq.

(9) "Project sponsor" is a county, city, special district, tribal government, state agency, federal agency, a combination of such governments through interlocal or interagency agreement((s provided under chapter 39.34 RCW)), a nonprofit organization, or one or more private citizens.

(((7))) (10) "Salmon" includes all species of the family Salmonidae which are capable of self-sustaining, natural production.

(((8))) (11) "Salmon recovery activities" or "activities" means public education, planning, and programs which have as a principal purpose the protection and restoration of salmonid habitat.

(12) "Salmon recovery plan" means a state plan developed in response to a proposed or actual listing under the federal endangered species act that addresses limiting factors including, but not limited to harvest, hatchery, hydropower, habitat, and other factors of decline.

(((9))) (13) "Interagency team" or "team" means the interagency review team created in RCW 75.46.080.

(14) "Tribe" or "tribes" means federally recognized Indian tribes.

(((10))) (15) "WRIA" means a water resource inventory area established in chapter 173-500 WAC as it existed on January 1, 1997.

(((11))) (16) "Owner" means the person holding title to the land or the person under contract with the owner to lease or manage the legal owner's property.

NEW SECTION. Sec. 3. A new section is added to chapter 75.46 RCW to read as follows:

(1) The salmon recovery funding board is created.

(2) The board shall consist of five members appointed by the governor, subject to confirmation by the senate. One of the members shall be a representative of local governments. One of the members shall be a representative of federally recognized tribes. In making the appointments, the governor shall seek a board membership that collectively provide the expertise necessary to provide strong fiscal oversight of salmon recovery expenditures, and that provide extensive experience and expertise in salmon recovery projects and activities that address the range of limiting factors for salmon recovery in Washington state. Board members shall not have a financial or regulatory interest in salmon recovery. The governor shall make the appointments not later than ninety days after the effective date of this section. The initial terms shall commence October 1st. Members shall serve staggered four-year terms and, of the initial appointments, two members shall serve a term of two years and three members shall serve a term of three years. The governor shall appoint the chair of the board.

(3) Staff support to the board shall be provided by the salmon recovery office and by the interagency review team for those functions assigned to the team by this chapter or the board acting under the authority of this chapter.

(4) Members of the board shall be compensated as provided by RCW 43.03.250 and shall be reimbursed for travel expenses as provided by RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 4. A new section is added to chapter 75.46 RCW to read as follows:

The board is responsible for making grants and loans for salmon recovery projects and activities from the amounts appropriated to the board for this purpose. To accomplish this purpose the board may:

(1) Provide assistance to grant applicants regarding the procedures and criteria for grant and loan awards;

(2) Accept any gifts, grants, or loans of funds, property, or financial or other aid in any form from any other source on any terms that are not in conflict with this chapter;

(3) Adopt rules under chapter 34.05 RCW as necessary to carry out the purposes of this chapter; and

(4) Do all acts and things necessary or convenient to carry out the powers expressly granted or implied under this chapter.

NEW SECTION. Sec. 5. A new section is added to chapter 75.46 RCW to read as follows:

(2) In evaluating, ranking, and awarding funds for projects and activities the board shall give preference to projects that:

(a) Are based upon the limiting factors analysis identified under RCW 75.46.070;

(b) Provide a greater benefit to salmon recovery based upon the information contained in the department of fish and wildlife salmonid stock inventory and any comparable science-based assessment;

(c) Will be implemented in a more critical area based upon the stock status information contained in the department of fish and wildlife salmonid stock inventory and any comparable science-based assessment;

(d) Are the most cost-effective;

(e) Have the greatest matched or in-kind funding; and

(f) Will be implemented by a sponsor with a successful record of project implementation.

(3) The board shall seek the guidance and the assistance of the interagency review team created by RCW 75.46.080 in developing the allocation procedures and standards. The board may also seek the recommendations of the independent science panel created by RCW 75.46.050 to incorporate scientific principles and information into the allocation standards.

(4) The board may authorize the interagency review team to evaluate, rank, and make funding decisions for categories of projects or activities or from funding sources provided for categories of projects or activities. In delegating such authority the board shall consider the review team's staff resources, procedures, and technical capacity to meet the purposes and objectives of this chapter. The board shall maintain general oversight of the team's exercise of such authority.

(5) The board shall establish criteria for determining when block grants may be made to a lead entity or other recognized regional recovery entity consistent with one or more habitat project lists developed for that region.

(6) The board may waive or modify portions of the allocation procedures and standards adopted under this section in the award of grants or loans to conform to legislative appropriations directing an alternative award procedure or when the funds to be awarded are from federal or other sources requiring other allocation procedures or standards as a condition of the board's receipt of the funds. The board shall develop an integrated process to manage the allocation of funding from federal and state sources to minimize delays in the award of funding while recognizing the differences in state and legislative appropriation timing.

(7) In developing allocation criteria and in the review of project applications the board shall consider the recommendations which may be provided by the government council on natural resources, formed by the governor to promote cooperative intergovernmental relationships for salmon recovery, and consider the recommendations of stakeholder interests in salmon recovery.

(8) The board shall use information developed by the departments of transportation, ecology, fish and wildlife, and community, trade, and economic development, and other state agencies to assess state funding sources and programs available for salmon recovery efforts that should be coordinated with funding allocations made by the board. The capital budget advisory committee created by chapter . . . (Substitute House Bill No. 1204), Laws of 1999 shall make recommendations to the board on opportunities for coordination in sharing of project data and with reporting requirements of the committee and the board.

NEW SECTION. Sec. 6. A new section is added to chapter 75.46 RCW to read as follows:

(1) Before October 1st of each even-numbered year, the board shall recommend to the governor a prioritized list of projects and activities to be funded by the board under this chapter. The governor may remove projects and activities from the list recommended by the board and shall submit this amended list in the capital budget request to the legislature. The list shall identify the project sponsor, its geographic location, and a description of the project or activity.

(2) The board shall not sign contracts or otherwise financially obligate funds as provided under this chapter before the legislature has appropriated funds for a specific list of projects.

(3) The board shall track all funds allocated for salmon recovery projects and activities, including both funds allocated by the board and funds allocated by other state or federal agencies for salmon recovery or water quality improvement. The tracking system shall be geographically based and may include projects from other sources that address the same salmon recovery limiting factors in the same geographic area. The tracking system may be developed and maintained by another state agency through an interagency agreement with the board.

(4) Beginning in December 2000, the board shall provide a biennial report to the governor and the legislature on salmon recovery expenditures. This report shall be coordinated with the state of the salmon report required under RCW 75.46.030.

Sec. 7. RCW 75.46.050 and 1998 c 246 s 6 are each amended to read as follows:

(1) The governor shall request the national academy of sciences, the American fisheries society, or a comparable institution to screen candidates to serve as members on the independent science panel. The institution that conducts the screening of the candidates shall submit a list of the nine most qualified candidates to the governor, the speaker of the house of representatives, and the majority leader of the senate. The candidates shall reflect expertise in habitat requirements of salmon, protection and restoration of salmon populations, artificial propagation of salmon, hydrology, or geomorphology.

(2) The speaker of the house of representatives and the majority leader in the senate shall each remove one name from the nomination list. The governor shall consult with tribal representatives and the governor shall appoint five scientists from the remaining names on the nomination list.

(3) The members of the independent science panel shall serve four-year terms. Vacant positions on the panel shall be filled in the same manner as the original appointments. Members shall serve no more than two full terms. The independent science panel members shall elect the chair of the panel among themselves every two years. ((The members of the independent science panel shall be compensated as provided in RCW 43.03.250 and reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.)) Based upon available funding, the governor's salmon recovery office may contract for services with members of the independent science panel for compensation under chapter 39.29 RCW.

(4) The independent science panel shall be governed by generally accepted guidelines and practices governing the activities of independent science boards such as the national academy of sciences. The purpose of the independent science panel is to help ensure that sound science is used in salmon recovery efforts. The governor's salmon recovery office shall request review of salmon recovery plans by the science review panel. The science review panel does not have the authority to review individual projects or project lists developed under RCW 75.46.060, 75.46.070, and 75.46.080 or to make policy decisions. The panel shall periodically submit its findings and recommendations under this subsection to the legislature and the governor.

(5) The independent science panel ((shall submit its findings to the legislature and the governor)), in conjunction with the salmon recovery office, shall recommend standardized monitoring indicators and data quality guidelines for use by entities involved in salmon recovery activities across the state. The panel shall also recommend electronic formats that will allow data to be provided to the state salmon recovery office for storage and to be shared across the state in a salmon monitoring network.

(6) State salmon monitoring data provided by lead entities, regional fisheries enhancement groups, and others shall be included in the salmon and steelhead inventory and assessment project.

(7) The independent science panel, in conjunction with the salmon recovery office, shall also recommend criteria for the systematic and periodic evaluation of monitoring data in order for the state to be able to answer critical questions about the effectiveness of the state's salmon recovery efforts.

(8) The recommendations on monitoring as required in this section shall be provided in a report to the governor and to the legislature by the independent science panel, in conjunction with the salmon recovery office, no later than December 31, 2000. The report shall also include recommendations on the level of effort needed to sustain monitoring of salmon projects and other recovery efforts, and any other recommendations on monitoring deemed important by the independent science panel, in conjunction with the salmon recovery office. The report may be included in the biennial state of the salmon report required under RCW 75.46.030.

Sec. 8. RCW 75.46.060 and 1998 c 246 s 7 are each amended to read as follows:

(1)(a) Counties, cities, and tribal governments must jointly designate, by ((official)) resolution or by letters of support, the area for which a habitat ((restoration)) project list is to be developed and the lead entity that is to be responsible for submitting the habitat ((restoration)) project list. No project included on a habitat ((restoration)) project list shall be considered mandatory in nature and no private landowner may be forced or coerced into participation in any respect. The lead entity may be a county, city, conservation district, special district, tribal government, or other entity.

(b) The lead entity shall establish a committee that consists of representative interests of counties, cities, conservation districts, tribes, environmental groups, business interests, landowners, citizens, volunteer groups, regional fish enhancement groups, and other ((restoration)) habitat interests. The purpose of the committee is to provide a citizen-based evaluation of the projects proposed to promote salmon habitat ((restoration)). The interagency review team may provide the lead entity with organizational models that may be used in establishing the committees.

(c) The committee shall compile a list of habitat ((restoration)) projects, establish priorities for individual projects, define the sequence for project implementation, and submit these activities as the habitat ((restoration)) project list. The committee shall also identify potential federal, state, local, and private funding sources.

(d) Projects that include use of side channels, off-stream rearing enhancement, improvement in overwintering habitat, or use of acclimation ponds shall receive consideration for funding.

(2) The area covered by the habitat project list must be based, at a minimum, on a WRIA, combination of WRIAs, ((an evolutionarily significant unit,)) or any other area as agreed to by the counties, cities, and tribes in resolutions or in letters of support meeting the requirements of this subsection. Preference will be given to projects in an area that contain a salmon species that is listed or proposed for listing under the federal endangered species act.

Sec. 9. RCW 75.46.070 and 1998 c 246 s 8 are each amended to read as follows:

(1) Critical pathways methodology shall be used to develop a habitat project list and a habitat work schedule that ensures salmon ((restoration)) recovery activities will be prioritized and implemented in a logical sequential manner that produces habitat capable of sustaining healthy populations of salmon.

(2) The critical pathways methodology shall:

(a) Include a limiting factors analysis for salmon in streams, rivers, tributaries, estuaries, and subbasins in the region. The technical advisory group shall have responsibility for the limiting factors analysis;

(b) Identify local habitat projects that sponsors are willing to undertake. The projects identified must have a written agreement from the landowner on which the project is to be implemented. Project sponsors shall have the lead responsibility for this task;

(c) Identify how projects will be monitored and evaluated. The project sponsor, in consultation with the technical advisory group and the appropriate landowner, shall have responsibility for this task; ((and))

(d) Include a review of monitoring data, evaluate project performance, and make recommendations to the committee established under RCW 75.46.060 and to the interagency review team. The technical advisory group has responsibility for this task; and

(e) Describe the adaptive management strategy that will be used. The committee established under RCW 75.46.060 shall have responsibility for this task. If a committee has not been formed, the technical advisory group shall have the responsibility for this task.

(3) The habitat work ((list)) schedule shall include all projects developed pursuant to subsection (2) of this section as well as any other salmon habitat ((restoration)) project implemented in the region, including habitat preservation projects funded through the Washington wildlife and recreation program, the conservation reserve enhancement program, and other conservancy programs. The habitat work ((list)) schedule shall also include the start date, duration, estimated date of completion, estimated cost, and, if appropriate, the affected salmonid species of each project. Each schedule shall be updated on an annual basis to depict new activities.

Sec. 10. RCW 75.46.100 and 1998 c 246 s 11 are each amended to read as follows:

The sea grant program at the University of Washington is authorized to provide technical assistance to volunteer groups and other project sponsors in designing and ((performing)) implementing habitat ((restoration)) projects that address the limiting factors analysis ((of regional habitat work plans)) required under RCW 75.46.070. The cost for such assistance may be covered on a fee-for-service basis.

Sec. 11. RCW 75.46.080 and 1998 c 246 s 9 are each amended to read as follows:

(1) Representatives from the conservation commission, the department of transportation, the interagency committee for outdoor recreation, the department of natural resources, the department of ecology, and the department of fish and wildlife shall establish an interagency review team. ((Except as provided in subsection (6) of this section, habitat restoration project lists shall be submitted to the interagency review team by January 1st and July 1st of each year beginning in 1999.)) The purpose of the team is to assist the salmon recovery funding board in developing procedures and standards for state-wide funding allocation, and to assist the board in reviewing funding applications to identify the highest priority projects and activities for funding.

(a) Provide a greater benefit to salmon recovery;

(b) Will be implemented in a more critical area;

(d) Have the greatest matched, or in-kind funding; and

(e) Will be implemented by a sponsor with a successful record of project implementation.

(3))) If a lead entity established under RCW 75.46.060 has been formed, the interagency review team shall evaluate habitat project lists ((and may remove, but not add, projects from a habitat project list.

(4) The interagency review team shall provide a summary of funding for habitat restoration project lists to the governor and to the legislature by December 1st of each year)) developed pursuant to RCW 75.46.060 and submitted to the board for consideration for funding. The team shall advise the board on whether the list for the area complies with the list development procedures and critical path methodology provided by RCW 75.46.060 and 75.46.070. When the board determines the list to comply with those requirements it shall accord substantial weight to the list's project priorities when making determinations among applications for funding of projects and activities within the area covered by the list. Projects that include use of side channels, off-stream rearing enhancement, improvement in overwintering habitat, or use of acclimation ponds shall receive consideration for funding.

(((5))) (3) The ((interagency review team)) board may annually establish a maximum amount of funding available for any individual project, subject to available funding. ((The interagency review team shall attempt to assure a geographical balance in assigning priorities to projects.

(7))) (4) Where a lead entity has been established pursuant to RCW 75.46.060, the ((interagency review team)) board may provide ((block)) grants to the lead entity to assist in carrying out lead entity functions under this chapter, subject to available funding.

NEW SECTION. Sec. 12. A new section is added to chapter 75.46 RCW to read as follows:

Sec. 13. RCW 76.12.110 and 1998 c 347 s 55 are each amended to read as follows:

NEW SECTION. Sec. 14. RCW 75.46.130 (Appropriated funds) and 1998 c 246 s 17 are each repealed.

NEW SECTION. Sec. 15. 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 July 1, 1999."

MOTIONS

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

On page 1, line 1 of the title, after "recovery;" strike the remainder of the title and insert "amending RCW 75.46.005, 75.46.010, 75.46.050, 75.46.060, 75.46.070, 75.46.100, 75.46.080, and 76.12.110; adding new sections to chapter 75.46 RCW; repealing RCW 75.46.130; providing an effective date; and declaring an emergency."

On motion of Senator Jacobsen, the rules were suspended, Engrossed Substitute House Bill No. 2079, as amended by the Senate, 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 Honeyford, Senator McCaslin was excused.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2079, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2079, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 3; Absent, 3; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 42.

Voting nay: Senators Hochstatter, Honeyford and Johnson - 3.

Absent: Senators Deccio, Hale and McDonald - 3.

Excused: Senator McCaslin - 1.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2079, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

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

There being no objection, the Senate resumed consideration of Substitute House Bill No. 1345, deferred on third reading earlier today.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1345.

PARLIAMENTARY INQUIRY

Senator Johnson: “A point of inquiry, Mr. President. Would the President say how many votes are required to pass Substitute House Bill No. 1345?”

RULING BY THE PRESIDENT

President Owen: “In ruling on the parliamentary inquiry by Senator Johnson concerning the number of votes necessary to pass Substitute House Bill No. 1345, the President finds that RCW 43.135.035 provides that “any action . . . by the Legislature that raises state revenue or requires revenue neutral tax shifts may be taken only if approved by a two-thirds vote of each house . . ..”

“Substitute House Bill No. 1345 provides a property tax exemption for certain low income rental housing owned by nonprofit organizations. The result of this exemption would shift a tax burden to nonexempt property owners.

“The President, therefore, rules that final passage of Substitute House Bill No. 1345 requires a two-thirds vote or thirty-three members of the Senate.”

REMARKS BY SENATOR SNYDER

Senator Snyder: “Mr. President, it is probably unusual, but I would like to make a remark or two. I couldn't get on my feet before you made your decision, even though I am sure it wouldn't have changed it. I think that you are probably referring to the statute that was created by 601. I think it talks about tax increases, but I don't know about tax shifts. Also, we passed--the Legislature--a few years ago Referendum 47. That passed the Legislature with thirty votes in the Senate and sixty votes in the House of Representatives. I don't know if you could make your ruling retroactive or not, but it would seem that maybe Referendum 47 would be in some jeopardy. Also, we passed--we increased the amount of property tax exemptions for senior citizens from time to time.

“It seems to me that in the future those would all come under a two-thirds vote. Other times, we have eliminated sales tax from certain businesses and replaced them with a higher B & O tax. That would be an increase in their B & O tax. It seems like there would be a lot of different bills that come through here that are probably--some agreed to and some of them that are not--but I am not saying that your ruling isn't proper and the right one, but it certainly is going to be a big change on how we look at a lot of legislation that goes through here. Particularly, that Referendum 47 bill that was passed.”

REPLY BY THE PRESIDENT

President Owen: “Senator Snyder, the President would make just merely a brief comment. First, the language requires revenue neutral tax shifts that is taken from the statute. Secondly, this ruling is consistent with the previous rulings this session by the President, and third, he would take any other issue that you brought up as that issue is brought up, too, and the President will rule upon it at that particular time, and fourth, things are going to change because of the fact that Initiative 601 was passed by the people of the state of Washington that requires this new interpretation or interpretations of what, in fact, does require a fifty percent and what, in fact, does require two-thirds. It is the responsibility of the President to enforce the law as he is sworn to do.”

FURTHER REMARKS BY SENATOR SNYDER

Senator Snyder: “I might be taking a little liberty here, too, but also one of these times, I would hope that maybe one of these measures won't require a two-thirds vote and that it would give us a reason to get 601 over and test it in the court. I would think that the court in being consistent would rule that you cannot amend the State Constitution by an initiative like they ruled when they made their decision on Term Limits about a year and a half ago.”

REMARKS BY SENATOR JOHNSON

Senator Johnson: “While we are making observations, I think it is also valid to say that 601 can be repealed by a majority vote of the Legislature.”

Further debate ensued.

POINT OF ORDER

Senator Brown: “A point of order, Mr. President. Would you ask the Senator to speak to the issue before us and not to other bills?”

REPLY BY THE PRESIDENT

President Owen: “Senator Benton, would you keep your remarks directed to the issue before us?”

Further debate ensued.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1345 and the bill passed the Senate by the following vote: Yeas, 36; Nays, 12; Absent, 1; Excused, 0.

Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Morton, Oke, Patterson, Prentice, Rasmussen, Sellar, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Wojahn - 36.

Voting nay: Senators Benton, Hochstatter, Honeyford, Horn, Johnson, McCaslin, McDonald, Roach, Rossi, Sheldon, T., Stevens and Zarelli - 12.

Absent: Senator Deccio - 1.

SUBSTITUTE HOUSE BILL NO. 1345, having received the constitutional two-thirds majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

POINT OF ORDER

Senator Heavey: “Mr. President, a point of order. With all due respect to the President, I would submit that the President making his own motion, in effect, is out of order. We have all sorts of constitutional provisions which were also passed by the Legislature and the citizens of the state, including the Constitution. For example, 'no amendment may be adopted that is outside the scope and object--' I certainly hope of the original bill. Another one might be that 'each bill shall have one title--one subject--and that shall be contained in the title.' That is another constitutional amendment. I hope we don't start down a line of the President making his own motions, with all due respect, Mr. President.”

REMARKS BY SENATOR KLINE

Senator Kline: “Again, with all due respect, Mr. President, I hope that in the event, in future years, that the President does take it upon himself to move spontaneously and that it be done with equal bipartisan, without regard as to which is the majority party. Thank you.”

REPLY BY THE PRESIDENT

President Owen: “The President feels a responsibility to respond. If there was a constitutional amendment on this floor, the President wouldn't have to wait for a person to raise a point of order on how many votes it takes to pass. I did not pass Initiative 601, nor did I support it. It is now the law and I swore to uphold the law. The law says that it take two-thirds vote to pass a bill that shifts taxes within the state of Washington. Therefore, the President should not wait for someone to raise the point of order, but shall declare what the vote is when the vote is taken and what that vote should be. That is the law and the President and each member of the Senate is sworn to uphold the law.”

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

MOTION

On motion of Senator Honeyford, Senators Hale and McDonald were excused.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 2005, by House Committee on State Government (originally sponsored by Representatives Wolfe, D. Sommers, D. Schmidt, Romero, Carlson, Delvin, Santos, O'Brien, Miloscia, Lovick, Dickerson, Kenney, Ogden, Fisher, Cody, Parlette, Campbell, Lambert, Pennington, Dunshee, Koster, Hankins, Clements, Cairnes, Keiser, Conway and Veloria) (by request of State Auditor Sonntag)

Managing the state employee whistleblower program.

The bill was read the second time.

MOTION

On motion of Senator Gardner, the following striking amendment by Senators Gardner and McCaslin was adopted on a rising vote

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 42.40.020 and 1995 c 403 s 509 are each amended to read as follows:

As used in this chapter, the terms defined in this section shall have the meanings indicated unless the context clearly requires otherwise.

(1) "Agency" means any state board, commission, bureau, committee, department, institution, division, or tribunal in the legislative, executive, or judicial branch of state government. "Agency" includes all elective offices, the state legislature, those institutions of higher education created and supported by the state government, and those courts that are part of state government.

(2) "Auditor" means the office of the state auditor.

(((2))) (3) "Employee" means any individual employed or holding office in any department or agency of state government.

(((3))) (4) "Good faith" means a reasonable basis in fact for the communication. "Good faith" is lacking when the employee knows or reasonably ought to know that the report is malicious, false, or frivolous.

(5) "Gross waste of funds" means to spend or use funds or to allow funds to be used without valuable result in a manner grossly deviating from the standard of care or competence that a reasonable person would observe in the same situation.

(6)(a) "Improper governmental action" means any action by an employee((:

(i) Which is)) undertaken in the performance of the employee's official duties((, whether or not the action is within the scope of the employee's employment; and)):

(((ii))) (i) Which is ((in violation of any state law or rule, is an abuse of authority,)) mismanagement or gross waste of public funds or resources as defined in this section;

(ii) Which is in violation of federal or state law or rule, if the violation is not merely technical or of a minimum nature; or

(iii) Which is of substantial and specific danger to the public health or safety((, or is a gross waste of public funds)).

(b) "Improper governmental action" does not include personnel actions, for which other remedies exist, including but not limited to employee grievances, complaints, appointments, promotions, transfers, assignments, reassignments, reinstatements, restorations, reemployments, performance evaluations, reductions in pay, dismissals, suspensions, demotions, violations of the state civil service law, alleged labor agreement violations, reprimands, claims of discriminatory treatment, or any action which may be taken under chapter 41.06 RCW, or other disciplinary action except as provided in RCW 42.40.030.

(((4))) (7) "Mismanagement" means the exercise of an executive function in a manner grossly deviating from the standard of care or competence that a reasonable person would observe in the same situation.

(8) "Substantial and specific danger" means a risk of serious injury, illness, peril, or loss, to which the exposure of the public is a gross deviation from the standard of care or competence which a reasonable person would observe in the same situation.

(9) "Use of official authority or influence" includes taking, directing others to take, recommending, processing, or approving any personnel action such as an appointment, promotion, transfer, assignment, reassignment, reinstatement, restoration, reemployment, performance evaluation, or any adverse action under chapter 41.06 RCW, or other disciplinary action.

(((5))) (10) "Whistleblower" means an employee who in good faith reports alleged improper governmental action to the auditor, initiating an investigation under RCW 42.40.040. For purposes of the provisions of this chapter and chapter 49.60 RCW relating to reprisals and retaliatory action, the term "whistleblower" also means: (a) An employee who in good faith provides information to the auditor in connection with an investigation under RCW 42.40.040 and an employee who is believed to have reported ((alleged)) asserted improper governmental action to the auditor or to have provided information to the auditor in connection with an investigation under RCW 42.40.040 but who, in fact, has not reported such action or provided such information; or (b) an employee who in good faith identifies rules warranting review or provides information to the rules review committee, and an employee who is believed to have identified rules warranting review or provided information to the rules review committee but who, in fact, has not done so.

NEW SECTION. Sec. 2. An employee must make a reasonable attempt to ascertain the correctness of the information furnished and may be subject to disciplinary actions, including, but not limited to, suspension or termination, for knowingly furnishing false information as determined by the employee's appointing authority.

Sec. 3. RCW 42.40.040 and 1992 c 118 s 2 are each amended to read as follows:

(1)(a) In order to be investigated, an assertion of improper governmental action must be provided to the auditor within one year after the occurrence of the asserted improper governmental action.

(b) The auditor has the authority to determine whether to investigate any assertions received. In determining whether to conduct either a preliminary or further investigation, the auditor shall consider factors including, but not limited to: The nature and quality of evidence and the existence of relevant laws and rules; whether the action was isolated or systematic; the history of previous assertions regarding the same subject or subjects or subject matter; whether other avenues are available for addressing the matter; whether the matter has already been investigated or is in litigation; the degree or significance of the asserted improper governmental action; and the cost and benefit of the investigation. The auditor has the sole discretion to determine the priority and weight given to these and other relevant factors and to decide whether a matter is to be investigated. The auditor shall document the factors considered and the analysis applied.

(c) The auditor also has the authority to investigate assertions as part of an audit conducted under chapter 43.09 RCW. The auditor shall document the reasons for handling the matter as part of such an audit.

(2) Subject to subsection (5)(c) of this section, the identity of a whistleblower is confidential at all times unless the whistleblower consents to disclosure by written waiver or by acknowledging his or her identity in a claim against the state for retaliation.

(3) Upon receiving specific information that an employee has engaged in improper governmental action, the auditor shall, within five working days of receipt of the information, mail written acknowledgement to the whistleblower at the address provided stating whether a preliminary investigation will be conducted. For a period not to exceed thirty working days from receipt of the assertion, the auditor shall conduct such preliminary investigation of the matter as the auditor deems appropriate. ((In conducting the investigation, the identity of the whistleblower shall be kept confidential.

(2))) (4) In addition to the authority under subsection (((1))) (3) of this section, the auditor may, on its own initiative, investigate incidents of improper state governmental action.

(((3))) (5)(a) If it appears to the auditor, upon completion of the preliminary investigation, that the matter is so unsubstantiated that no further investigation, prosecution, or administrative action is warranted, the auditor shall so notify the whistleblower.

(b) The written notification shall ((be by memorandum containing)) contain a summary of the information received((, a summary)) and of the results of the preliminary investigation with regard to each ((allegation)) assertion of improper governmental action((, and any determination made by the auditor under (c) of this subsection)).

(c) In any case to which this section applies, the identity of the whistleblower shall be kept confidential unless the auditor determines that the information has been provided other than in good faith.

(d) ((If it appears to the auditor that the matter does not meet the definition of an "improper governmental action" under RCW 42.40.020(3), or is other than a gross waste of public funds, the auditor may forward a summary of the allegations to the appropriate agency for investigation and require a response by memorandum no later than thirty days after the allegations are received from the auditor. The response shall contain a summary of the investigation with regard to each allegation and any determination of corrective action taken. The auditor will keep the identity of the whistleblower confidential. Upon receipt of the results of the investigation from the appropriate agency, the auditor will notify the whistleblower as prescribed under (a), (b), and (c) of this subsection)) With the agency's consent, the auditor may forward the assertions to an appropriate agency to investigate and report back to the auditor no later than sixty working days after the assertions are received from the auditor. The auditor is entitled to all investigative records resulting from such a referral. All procedural and confidentiality provisions of this chapter apply to investigations conducted under this subsection. The auditor shall document the reasons the assertions were referred.

(((4))) (6) During the preliminary investigation, the auditor shall provide written notification of the nature of the assertions to the subject or subjects of the investigation and the agency head. The notification shall include the relevant facts and laws known at the time and the procedure for the subject or subjects of the investigation and the agency head to respond to the assertions and information obtained during the investigation. This notification does not limit the auditor from considering additional facts or laws which become known during further investigation.

(7)(a) If it appears to the auditor after completion of the preliminary investigation that further investigation, prosecution, or administrative action is warranted, the auditor shall so notify the whistleblower, the subject or subjects of the investigation, and the agency head and either conduct a further investigation((s)) or issue a report under subsection (((6))) (10) of this section.

(b) If the preliminary investigation resulted from an anonymous assertion, a decision to conduct further investigation shall be subject to review by a three-person panel convened as necessary by the auditor prior to the commencement of any additional investigation. The panel shall include a state auditor representative knowledgeable of the subject agency operations, a citizen volunteer, and a representative of the attorney general's office. This group shall be briefed on the preliminary investigation and shall recommend whether the auditor should proceed with further investigation.

(c) If further investigation is to occur, the auditor shall provide written notification of the nature of the assertions to the subject or subjects of the investigation and the agency head. The notification shall include the relevant facts known at the time and the procedure to be used by the subject or subjects of the investigation and the agency head to respond to the assertions and information obtained during the investigation.

(8) Within sixty working days after the ((thirty-day)) preliminary investigation period in subsection (((1))) (3) of this section, the auditor shall complete the investigation and report its findings to the whistleblower unless written justification for the delay is furnished to the whistleblower, agency head, and subject or subjects of the investigation. In all such cases, the report of the auditor's investigation and findings shall be sent to the whistleblower within one year after the information was filed under subsection (((1))) (3) of this section.

(((5))) (9)(a) At any stage of an investigation under this section the auditor may require by subpoena the attendance and testimony of witnesses and the production of documentary or other evidence relating to the investigation at any designated place in the state. The auditor may issue subpoenas, administer oaths, examine witnesses, and receive evidence. In the case of contumacy or failure to obey a subpoena, the superior court for the county in which the person to whom the subpoena is addressed resides or is served may issue an order requiring the person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt thereof.

(b) The auditor may order the taking of depositions at any stage of a proceeding or investigation under this chapter. Depositions shall be taken before an individual designated by the auditor and having the power to administer oaths. Testimony shall be reduced to writing by or under the direction of the individual taking the deposition and shall be subscribed by the deponent.

(((6))) (c) Agencies shall cooperate fully in the investigation and shall take appropriate action to preclude the destruction of any evidence during the course of the investigation.

(d) During the investigation the auditor shall interview each subject of the investigation. If it is determined there is reasonable cause to believe improper governmental action has occurred, the subject or subjects and the agency head shall be given fifteen working days to respond to the assertions prior to the issuance of the final report.

(10)(a) If the auditor determines ((that)) there is reasonable cause to believe ((that)) an employee has engaged in ((any)) improper ((activity)) governmental action, the auditor shall report the nature and details of the activity to:

(i) The ((employee)) subject or subjects of the investigation and the head of the employing agency; and

(ii) If appropriate, the attorney general or such other authority as the auditor determines appropriate.

(b) The auditor has no enforcement power except that in any case in which the auditor submits ((a)) an investigative report ((of alleged improper activity)) containing reasonable cause determinations to the ((head of an)) agency, the ((attorney general, or any other individual to which a report has been made under this section, the individual shall report to the auditor with respect to any action taken by the individual regarding the activity, the first report being transmitted no later than thirty days after the date of the auditor's report and monthly thereafter until final action is taken)) agency shall send its plan for resolution to the auditor within fifteen working days of having received the report. The agency is encouraged to consult with the subject or subjects of the investigation in establishing the resolution plan. The auditor may require periodic reports of agency action until all resolution has occurred. If the auditor determines that appropriate action ((is)) has not ((being)) been taken ((within a reasonable time)), the auditor shall report the determination to the governor and to the legislature and may include this determination in the agency audit under chapter 43.09 RCW.

(((7))) (11) Once the auditor concludes that appropriate action has been taken to resolve the matter, the auditor shall so notify the whistleblower, the agency head, and the subject or subjects of the investigation. If the resolution takes more than one year, the auditor shall provide annual notification of its status to the whistleblower, agency head, and subject or subjects of the investigation.

(12) This section does not limit any authority conferred upon the attorney general or any other agency of government to investigate any matter.

Sec. 4. RCW 42.40.050 and 1992 c 118 s 3 are each amended to read as follows:

(1) Any person who is a whistleblower, as defined in RCW 42.40.020, and who as a result of being a whistleblower has been subjected to workplace reprisal or retaliatory action has the remedies provided under chapter 49.60 RCW. For the purpose of this section "reprisal or retaliatory action" means but is not limited to:

(((1))) (a) Denial of adequate staff to perform duties;

(((2))) (b) Frequent staff changes;

(((3))) (c) Frequent and undesirable office changes;

(((4))) (d) Refusal to assign meaningful work;

(((5))) (e) Unwarranted and unsubstantiated letters of reprimand or unsatisfactory performance evaluations;

(((6))) (f) Demotion;

(((7))) (g) Reduction in pay;

(((8))) (h) Denial of promotion;

(((9))) (i) Suspension;

(((10))) (j) Dismissal;

(((11))) (k) Denial of employment; ((and

(12))) (l) A supervisor or superior encouraging coworkers to behave in a hostile manner toward the whistleblower;

(m) Actions which violate RCW 42.40.030; and

(n) Disclosure of a whistleblower's name unless the whistleblower has consented to disclosure as provided in RCW 42.40.040(2).

(2) Nothing in this section prohibits an agency from making any decision exercising its authority to terminate, suspend, or discipline an employee who engages in workplace reprisal or retaliatory action against a whistleblower. However, the agency also shall implement any order under chapter 49.60 RCW (other than an order of suspension if the agency has terminated the retaliator).

NEW SECTION. Sec. 5. The auditor has the authority to contract for any assistance necessary to carry out the provisions of this chapter.

NEW SECTION. Sec. 6. The cost of administering this chapter is funded through the auditing services revolving account created in RCW 43.09.410.

NEW SECTION. Sec. 7. A whistleblower wishing to provide information under this chapter regarding asserted improper governmental action against the state auditor or an employee of that office shall provide the information to the attorney general who shall act in place of the auditor in investigating and reporting the matter.

NEW SECTION. Sec. 8. Chapter . . ., Laws of 1999 (this act) does not affect the jurisdiction of the legislative ethics board, the executive ethics board, or the commission on judicial conduct, as set forth in chapter 42.52 RCW.

NEW SECTION. Sec. 9. The office of financial management shall contract for a performance audit of the state employee whistleblower program on a cycle to be determined by the office of financial management. The audit shall be done in accordance with generally accepted government auditing standards beginning with the fiscal year ending June 30, 2001. The audit shall determine at a minimum: Whether the program is acquiring, protecting, and using its resources such as personnel, property, and space economically and efficiently; the causes of inefficiencies or uneconomical practices; and whether the program has complied with laws and rules on matters of economy and efficiency. The audit shall also at a minimum determine the extent to which the desired results or benefits established by the legislature are being achieved, the effectiveness of the program, and whether the auditor has complied with significant laws and rules applicable to the program.

The cost of the audit is a cost of operating the program and shall be funded by the auditing services revolving account created by RCW 43.09.410.

Sec. 10. RCW 43.09.410 and 1995 c 301 s 25 are each amended to read as follows:

An auditing services revolving account is hereby created in the state treasury for the purpose of a centralized funding, accounting, and distribution of the actual costs of the audits provided to state agencies by the state auditor and audits of the state employee whistleblower program under section 9 of this act.

NEW SECTION. Sec. 11. Sections 2 and 5 through 9 of this act are each added to chapter 42.40 RCW."

MOTIONS

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

On page 1, line 1 of the title, after "whistleblowers;" strike the remainder of the title and insert "amending RCW 42.40.020, 42.40.040, 42.40.050, and 43.09.410; and adding new sections to chapter 42.40 RCW."

On motion of Senator Gardner, the rules were suspended, Substitute House Bill No. 2005, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2005, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 2005, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.

Absent: Senator Deccio - 1.

Excused: Senators Hale and McDonald - 2.

SUBSTITUTE HOUSE BILL NO. 2005, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

ENGROSSED HOUSE BILL NO. 1773, by Representatives Wolfe, Lambert, Schoesler, Ogden, Dickerson, Conway, Alexander, Cooper, Tokuda, Veloria, Radcliff, Stensen, D. Schmidt, Romero, Gombosky, Schindler, Keiser, Lantz, Rockefeller, Edmonds, Kenney, Scott and Lovick

Changing visitation rights in nonparental actions for child custody.

The bill was read the second time.

MOTION

Senator Brown moved that the following striking amendment by Senators Brown, Hargrove and Zarelli be adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 26.09.240 and 1996 c 177 s 1 are each amended to read as follows:

(1) ((A person other than a parent may petition the court for visitation with a child at any time or may intervene in a pending dissolution, legal separation, or modification of parenting plan proceeding. A person other than a parent may not petition for visitation under this section unless the child's parent or parents have commenced an action under this chapter.)) A grandparent of a child may petition the court for visitation with the child at any time after an action has been commenced under this chapter or a final order has been entered. A grandparent of a child may intervene in a pending dissolution, legal separation, or modification of parenting plan proceeding to seek visitation with the child.

(2) ((A)) The petition for visitation ((with a child by a person other than a parent)) must be filed in the county in which the child resides.

(3) ((A petition for visitation or a motion to intervene pursuant to this section shall be dismissed unless the petitioner or intervenor can demonstrate by clear and convincing evidence that a significant relationship exists with the child with whom visitation is sought. If the petition or motion is dismissed for failure to establish the existence of a significant relationship, the petitioner or intervenor shall be ordered to pay reasonable attorney's fees and costs to the parent, parents, other custodian, or representative of the child who responds to this petition or motion.

(4))) The court may order visitation between the petitioner or intervenor and the child ((between whom a significant relationship exists upon a finding supported by the evidence that the visitation is in the child's best interests.

(5)(a) Visitation with a grandparent shall be presumed to be in the child's best interests when a significant relationship has been shown to exist. This presumption may be rebutted by a preponderance of evidence showing that visitation would endanger the child's physical, mental, or emotional health.

(b) If the court finds that reasonable visitation by a grandparent would be in the child's best interest except for hostilities that exist between the grandparent and one or both of the parents or person with whom the child lives, the court may set the matter for mediation under RCW 26.09.015.

(6))) if the petitioner or intervenor has demonstrated by clear, cogent, and convincing evidence that:

(a) A significant relationship exists with the child with whom visitation is sought;

(b) Denial of visitation would result in a substantial likelihood of harm to the child's physical, mental, or emotional well-being; and

If the petition or motion is dismissed, the petitioner or intervenor shall be ordered to pay reasonable attorneys' fees and costs to the parent, parents, other custodian, or representative of the child who responds to the petition or motion.

(4) The court may consider the following factors when making a determination of the child's best interests:

(a) The strength of the relationship between the child and the petitioner or intervenor;

(b) The relationship between each of the child's parents or the person with whom the child is residing and the petitioner or intervenor;

(d) The effect that granting visitation will have on the relationship between the child and the child's parents or the person with whom the child is residing;

(e) The residential time-sharing arrangements between the parents;

(f) The good faith of the petitioner or intervenor;

(g) Any criminal history or history of physical, emotional, or sexual abuse or neglect by the petitioner or intervenor; and

(h) Any other factor relevant to the child's best interest.

(((7))) (5) The restrictions of RCW 26.09.191 that apply to parents shall be applied to a petitioner or intervenor who is not a parent, but who is a grandparent of the child. The nature and extent of visitation, subject to these restrictions, is in the discretion of the court.

(((8))) (6) The court may order an investigation and report concerning the proposed visitation or may appoint a guardian ad litem as provided in RCW 26.09.220.

(((9))) (7) Visitation granted ((pursuant to)) under this section shall be incorporated into the parenting plan for the child.

(((10))) (8) The court may modify or terminate an order granting visitation ((rights granted pursuant to)) under this section in any subsequent modification action upon a showing that the visitation is no longer in the best interest of the child.

Sec. 2. RCW 26.10.160 and 1996 c 303 s 2 are each amended to read as follows:

(1) A parent not granted custody of the child is entitled to reasonable visitation rights except as provided in subsection (2) of this section.

(2)(a) Visitation with the child shall be limited if it is found that the parent seeking visitation has engaged in any of the following conduct: (i) Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions; (ii) physical, sexual, or a pattern of emotional abuse of a child; (iii) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault which causes grievous bodily harm or the fear of such harm; or (iv) the parent has been convicted as an adult of a sex offense under:

(A) RCW 9A.44.076 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (d) of this subsection;

(B) RCW 9A.44.079 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (d) of this subsection;

(C) RCW 9A.44.086 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (d) of this subsection;

(D) RCW 9A.44.089;

(E) RCW 9A.44.093;

(F) RCW 9A.44.096;

(G) RCW 9A.64.020 (1) or (2) if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (d) of this subsection;

(H) Chapter 9.68A RCW;

(I) Any predecessor or antecedent statute for the offenses listed in (a)(iv)(A) through (H) of this subsection;

(J) Any statute from any other jurisdiction that describes an offense analogous to the offenses listed in (a)(iv)(A) through (H) of this subsection.

This subsection (2)(a) shall not apply when (c) or (d) of this subsection applies.

(b) The parent's visitation with the child shall be limited if it is found that the parent resides with a person who has engaged in any of the following conduct: (i) Physical, sexual, or a pattern of emotional abuse of a child; (ii) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault that causes grievous bodily harm or the fear of such harm; or (iii) the person has been convicted as an adult or as a juvenile has been adjudicated of a sex offense under:

(A) RCW 9A.44.076 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (e) of this subsection;

(B) RCW 9A.44.079 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (e) of this subsection;

(C) RCW 9A.44.086 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (e) of this subsection;

(D) RCW 9A.44.089;

(E) RCW 9A.44.093;

(F) RCW 9A.44.096;

(G) RCW 9A.64.020 (1) or (2) if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (e) of this subsection;

(H) Chapter 9.68A RCW;

(I) Any predecessor or antecedent statute for the offenses listed in (b)(iii)(A) through (H) of this subsection;

(J) Any statute from any other jurisdiction that describes an offense analogous to the offenses listed in (b)(iii)(A) through (H) of this subsection.

This subsection (2)(b) shall not apply when (c) or (e) of this subsection applies.

(c) If a parent has been found to be a sexual predator under chapter 71.09 RCW or under an analogous statute of any other jurisdiction, the court shall restrain the parent from contact with a child that would otherwise be allowed under this chapter. If a parent resides with an adult or a juvenile who has been found to be a sexual predator under chapter 71.09 RCW or under an analogous statute of any other jurisdiction, the court shall restrain the parent from contact with the parent's child except contact that occurs outside that person's presence.

(d) There is a rebuttable presumption that a parent who has been convicted as an adult of a sex offense listed in (d)(i) through (ix) of this subsection poses a present danger to a child. Unless the parent rebuts this presumption, the court shall restrain the parent from contact with a child that would otherwise be allowed under this chapter:

(i) RCW 9A.64.020 (1) or (2), provided that the person convicted was at least five years older than the other person;

(ii) RCW 9A.44.073;

(iii) RCW 9A.44.076, provided that the person convicted was at least eight years older than the victim;

(iv) RCW 9A.44.079, provided that the person convicted was at least eight years older than the victim;

(v) RCW 9A.44.083;

(vi) RCW 9A.44.086, provided that the person convicted was at least eight years older than the victim;

(vii) RCW 9A.44.100;

(viii) Any predecessor or antecedent statute for the offenses listed in (d)(i) through (vii) of this subsection;

(ix) Any statute from any other jurisdiction that describes an offense analogous to the offenses listed in (d)(i) through (vii) of this subsection.

(e) There is a rebuttable presumption that a parent who resides with a person who, as an adult, has been convicted, or as a juvenile has been adjudicated, of the sex offenses listed in (e)(i) through (ix) of this subsection places a child at risk of abuse or harm when that parent exercises visitation in the presence of the convicted or adjudicated person. Unless the parent rebuts the presumption, the court shall restrain the parent from contact with the parent's child except for contact that occurs outside of the convicted or adjudicated person's presence:

(i) RCW 9A.64.020 (1) or (2), provided that the person convicted was at least five years older than the other person;

(ii) RCW 9A.44.073;

(iii) RCW 9A.44.076, provided that the person convicted was at least eight years older than the victim;

(iv) RCW 9A.44.079, provided that the person convicted was at least eight years older than the victim;

(v) RCW 9A.44.083;

(vi) RCW 9A.44.086, provided that the person convicted was at least eight years older than the victim;

(vii) RCW 9A.44.100;

(viii) Any predecessor or antecedent statute for the offenses listed in (e)(i) through (vii) of this subsection;

(ix) Any statute from any other jurisdiction that describes an offense analogous to the offenses listed in (e)(i) through (vii) of this subsection.

(f) The presumption established in (d) of this subsection may be rebutted only after a written finding that:

(i) If the child was not the victim of the sex offense committed by the parent requesting visitation, (A) contact between the child and the offending parent is appropriate and poses minimal risk to the child, and (B) the offending parent has successfully engaged in treatment for sex offenders or is engaged in and making progress in such treatment, if any was ordered by a court, and the treatment provider believes such contact is appropriate and poses minimal risk to the child; or

(ii) If the child was the victim of the sex offense committed by the parent requesting visitation, (A) contact between the child and the offending parent is appropriate and poses minimal risk to the child, (B) if the child is in or has been in therapy for victims of sexual abuse, the child's counselor believes such contact between the child and the offending parent is in the child's best interest, and (C) the offending parent has successfully engaged in treatment for sex offenders or is engaged in and making progress in such treatment, if any was ordered by a court, and the treatment provider believes such contact is appropriate and poses minimal risk to the child.

(g) The presumption established in (e) of this subsection may be rebutted only after a written finding that:

(i) If the child was not the victim of the sex offense committed by the person who is residing with the parent requesting visitation, (A) contact between the child and the parent residing with the convicted or adjudicated person is appropriate and that parent is able to protect the child in the presence of the convicted or adjudicated person, and (B) the convicted or adjudicated person has successfully engaged in treatment for sex offenders or is engaged in and making progress in such treatment, if any was ordered by a court, and the treatment provider believes such contact is appropriate and poses minimal risk to the child; or

(ii) If the child was the victim of the sex offense committed by the person who is residing with the parent requesting visitation, (A) contact between the child and the parent in the presence of the convicted or adjudicated person is appropriate and poses minimal risk to the child, (B) if the child is in or has been in therapy for victims of sexual abuse, the child's counselor believes such contact between the child and the parent residing with the convicted or adjudicated person in the presence of the convicted or adjudicated person is in the child's best interest, and (C) the convicted or adjudicated person has successfully engaged in treatment for sex offenders or is engaged in and making progress in such treatment, if any was ordered by a court, and the treatment provider believes contact between the parent and child in the presence of the convicted or adjudicated person is appropriate and poses minimal risk to the child.

(h) If the court finds that the parent has met the burden of rebutting the presumption under (f) of this subsection, the court may allow a parent who has been convicted as an adult of a sex offense listed in (d)(i) through (ix) of this subsection to have visitation with the child supervised by a neutral and independent adult and pursuant to an adequate plan for supervision of such visitation. The court shall not approve of a supervisor for contact between the child and the parent unless the court finds, based on the evidence, that the supervisor is willing and capable of protecting the child from harm. The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or is no longer willing or capable of protecting the child.

(i) If the court finds that the parent has met the burden of rebutting the presumption under (g) of this subsection, the court may allow a parent residing with a person who has been adjudicated as a juvenile of a sex offense listed in (e)(i) through (ix) of this subsection to have visitation with the child in the presence of the person adjudicated as a juvenile, supervised by a neutral and independent adult and pursuant to an adequate plan for supervision of such visitation. The court shall not approve of a supervisor for contact between the child and the parent unless the court finds, based on the evidence, that the supervisor is willing and capable of protecting the child from harm. The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or is no longer willing or capable of protecting the child.

(j) If the court finds that the parent has met the burden of rebutting the presumption under (g) of this subsection, the court may allow a parent residing with a person who, as an adult, has been convicted of a sex offense listed in (e)(i) through (ix) of this subsection to have visitation with the child in the presence of the convicted person supervised by a neutral and independent adult and pursuant to an adequate plan for supervision of such visitation. The court shall not approve of a supervisor for contact between the child and the parent unless the court finds, based on the evidence, that the supervisor is willing and capable of protecting the child from harm. The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or is no longer willing or capable of protecting the child.

(k) A court shall not order unsupervised contact between the offending parent and a child of the offending parent who was sexually abused by that parent. A court may order unsupervised contact between the offending parent and a child who was not sexually abused by the parent after the presumption under (d) of this subsection has been rebutted and supervised visitation has occurred for at least two years with no further arrests or convictions of sex offenses involving children under chapter 9A.44 RCW, RCW 9A.64.020, or chapter 9.68A RCW and (i) the sex offense of the offending parent was not committed against a child of the offending parent, and (ii) the court finds that unsupervised contact between the child and the offending parent is appropriate and poses minimal risk to the child, after consideration of the testimony of a state-certified therapist, mental health counselor, or social worker with expertise in treating child sexual abuse victims who has supervised at least one period of visitation between the parent and the child, and after consideration of evidence of the offending parent's compliance with community supervision requirements, if any. If the offending parent was not ordered by a court to participate in treatment for sex offenders, then the parent shall obtain a psychosexual evaluation conducted by a state-certified sex offender treatment provider indicating that the offender has the lowest likelihood of risk to reoffend before the court grants unsupervised contact between the parent and a child.

(l) A court may order unsupervised contact between the parent and a child which may occur in the presence of a juvenile adjudicated of a sex offense listed in (e)(i) through (ix) of this subsection who resides with the parent after the presumption under (e) of this subsection has been rebutted and supervised visitation has occurred for at least two years during which time the adjudicated juvenile has had no further arrests, adjudications, or convictions of sex offenses involving children under chapter 9A.44 RCW, RCW 9A.64.020, or chapter 9.68A RCW, and (i) the court finds that unsupervised contact between the child and the parent that may occur in the presence of the adjudicated juvenile is appropriate and poses minimal risk to the child, after consideration of the testimony of a state-certified therapist, mental health counselor, or social worker with expertise in treatment of child sexual abuse victims who has supervised at least one period of visitation between the parent and the child in the presence of the adjudicated juvenile, and after consideration of evidence of the adjudicated juvenile's compliance with community supervision or parole requirements, if any. If the adjudicated juvenile was not ordered by a court to participate in treatment for sex offenders, then the adjudicated juvenile shall obtain a psychosexual evaluation conducted by a state-certified sex offender treatment provider indicating that the adjudicated juvenile has the lowest likelihood of risk to reoffend before the court grants unsupervised contact between the parent and a child which may occur in the presence of the adjudicated juvenile who is residing with the parent.

(m)(i) The limitations imposed by the court under (a) or (b) of this subsection shall be reasonably calculated to protect the child from the physical, sexual, or emotional abuse or harm that could result if the child has contact with the parent requesting visitation. If the court expressly finds based on the evidence that limitations on visitation with the child will not adequately protect the child from the harm or abuse that could result if the child has contact with the parent requesting visitation, the court shall restrain the person seeking visitation from all contact with the child.

(ii) The court shall not enter an order under (a) of this subsection allowing a parent to have contact with a child if the parent has been found by clear and convincing evidence in a civil action or by a preponderance of the evidence in a dependency action to have sexually abused the child, except upon recommendation by an evaluator or therapist for the child that the child is ready for contact with the parent and will not be harmed by the contact. The court shall not enter an order allowing a parent to have contact with the child in the offender's presence if the parent resides with a person who has been found by clear and convincing evidence in a civil action or by a preponderance of the evidence in a dependency action to have sexually abused a child, unless the court finds that the parent accepts that the person engaged in the harmful conduct and the parent is willing to and capable of protecting the child from harm from the person.

(iii) If the court limits visitation under (a) or (b) of this subsection to require supervised contact between the child and the parent, the court shall not approve of a supervisor for contact between a child and a parent who has engaged in physical, sexual, or a pattern of emotional abuse of the child unless the court finds based upon the evidence that the supervisor accepts that the harmful conduct occurred and is willing to and capable of protecting the child from harm. The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or is no longer willing to or capable of protecting the child.

(n) If the court expressly finds based on the evidence that contact between the parent and the child will not cause physical, sexual, or emotional abuse or harm to the child and that the probability that the parent's or other person's harmful or abusive conduct will recur is so remote that it would not be in the child's best interests to apply the limitations of (a), (b), and (m)(i) and (iii) of this subsection, or if the court expressly finds that the parent's conduct did not have an impact on the child, then the court need not apply the limitations of (a), (b), and (m)(i) and (iii) of this subsection. The weight given to the existence of a protection order issued under chapter 26.50 RCW as to domestic violence is within the discretion of the court. This subsection shall not apply when (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), and (m)(ii) of this subsection apply.

(3) ((Any person may petition the court for visitation rights at any time including, but not limited to, custody proceedings.)) (a) A grandparent of a child may petition the court for visitation with the child at any time after an action has been commenced under this chapter or a final order has been entered. The court may order visitation ((rights for any person when visitation may serve the best interest of the child)) between the petitioner and the child whether or not there has been any change of circumstances if the petitioner has demonstrated by clear, cogent, and convincing evidence that:

(i) A significant relationship exists with the child with whom visitation is sought;

(ii) Denial of visitation would result in a substantial likelihood of harm to the child's physical, mental, or emotional well-being; and

(iii) Visitation is in the child's best interests.

If the petition is dismissed, the petitioner shall be ordered to pay reasonable attorneys' fees and costs to the parent, parents, other custodian, or representative of the child who responds to the petition.

(((4))) (b) The court may consider the following factors when making a determination of the child's best interests:

(i) The strength of the relationship between the child and the petitioner;

(ii) The relationship between each of the child's parents or the person with whom the child is residing and the petitioner;

(iii) The nature and reason for either parent's objection to granting the petitioner visitation;

(iv) The effect that granting visitation will have on the relationship between the child and the child's parents or the person with whom the child is residing;

(v) The residential time-sharing arrangements between the parents;

(vi) The good faith of the petitioner;

(vii) Any criminal history or history of physical, emotional, or sexual abuse or neglect by the petitioner; and

(viii) Any other factor relevant to the child's best interest.

(c) The restrictions of RCW 26.09.191 that apply to parents shall be applied to a petitioner or intervenor who is not a parent, but who is a grandparent of the child. The nature and extent of visitation, subject to these restrictions, is in the discretion of the court.

(4) Visitation granted under this section shall be incorporated into the parenting plan for the child.

(5) The court may modify or terminate an order granting ((or denying)) visitation rights whenever modification or termination would serve the best interests of the child. Modification of a parent's visitation rights shall be subject to the requirements of subsection (2) of this section.

(((5))) (6) For the purposes of this section, a parent's child means that parent's natural child, adopted child, or stepchild.

NEW SECTION. Sec. 3. A new section is added to chapter 26.26 RCW to read as follows:

(1) A grandparent of a child who is the subject of an action brought under this chapter may petition the court for visitation with the child at any time after an action has been commenced under this chapter or a final order has been entered. A grandparent of a child may intervene in a pending action under this chapter to seek visitation with the child.

(2) The petition for visitation must be filed in the county in which the child resides.

(3) The court may order visitation between the petitioner or intervenor and the child if the petitioner or intervenor has demonstrated by clear, cogent, and convincing evidence that:

(a) A significant relationship exists with the child with whom visitation is sought;

(b) Denial of visitation would result in a substantial likelihood of harm to the child's physical, mental, or emotional well-being; and

(4) The court may consider the following factors when making a determination of the child's best interests:

(a) The strength of the relationship between the child and the petitioner or intervenor;

(b) The relationship between each of the child's parents or the person with whom the child is residing and the petitioner or intervenor;

(d) The effect that granting visitation will have on the relationship between the child and the child's parents or the person with whom the child is residing;

(e) The residential time-sharing arrangements between the parents;

(f) The good faith of the petitioner or intervenor;

(g) Any criminal history or history of physical, emotional, or sexual abuse or neglect by the petitioner or intervenor; and

(h) Any other factor relevant to the child's best interest.

(5) The restrictions of RCW 26.09.191 that apply to parents shall be applied to a petitioner or intervenor who is not a parent, but who is a grandparent of the child. The nature and extent of visitation, subject to these restrictions, is in the discretion of the court.

(6) The court may order an investigation and report concerning the proposed visitation or may appoint a guardian ad litem as provided in RCW 26.09.220.

(7) Visitation granted under this section shall be incorporated into the parenting plan for the child.

(8) The court may modify or terminate an order granting visitation under this section in any subsequent modification action upon a showing that the visitation is no longer in the best interest of the child."

Debate ensued.

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Brown, Hargrove and Zarelli to Substitute House Bill No. 1773.

The motion by Senator Brown carried and the striking amendment was adopted on a rising vote.

MOTION

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

On page 1, line 2 of the title, after "custody;" strike the remainder of the title and insert "amending RCW 26.09.240 and 26.10.160; and adding a new section to chapter 26.26 RCW."

MOTIONS

On motion of Senator Franklin, Senators Bauer and Rasmussen were excused.

On motion of Senator Honeyford, Senator McCaslin was excused.

MOTION

On motion of Senator Brown, the rules were suspended, Engrossed House Bill No. 1773, as amended by the Senate, 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 House Bill No. 1773, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed House Bill No. 1773, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 5; Absent, 1; Excused, 3.

Voting yea: Senators Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 40.

Voting nay: Senators Heavey, Honeyford, Long, Sheldon, T. and Wojahn - 5.

Absent: Senator Benton - 1.

Excused: Senators Bauer, McCaslin and Rasmussen - 3.

ENGROSSED HOUSE BILL NO. 1773, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

HOUSE BILL NO. 1192, by Representatives Morris, Dunn, Miloscia, Veloria, Eickmeyer, DeBolt, Quall, Linville, Wolfe, Barlean, Kenney and Santos

Adding to the definition of economic development activities.

The bill was read the second time.

MOTION

Senator Betti Sheldon moved that the following Committee on Commerce, Trade, Housing and Financial Institutions striking amendment be adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 43.163.010 and 1994 c 238 s 1 and 1994 c 92 s 498 are each reenacted and amended to read as follows:

As used in this chapter, the following words and terms have the following meanings, unless the context requires otherwise:

(1) "Authority" means the Washington economic development finance authority created under RCW 43.163.020 or any board, body, commission, department or officer succeeding to the principal functions of the authority or to whom the powers conferred upon the authority shall be given by law;

(2) "Bonds" means any bonds, notes, debentures, interim certificates, conditional sales or lease financing agreements, lines of credit, forward purchase agreements, investment agreements, and other banking or financial arrangements, guaranties, or other obligations issued by or entered into by the authority. Such bonds may be issued on either a tax-exempt or taxable basis;

(3) "Borrower" means one or more public or private persons or entities acting as lessee, purchaser, mortgagor, or borrower who has obtained or is seeking to obtain financing either from the authority or from an eligible banking organization that has obtained or is seeking to obtain funds from the authority to finance a project. A borrower may include a party who transfers the right of use and occupancy to another party by lease, sublease or otherwise, or a party who is seeking or has obtained a financial guaranty from the authority;

(4) "Eligible banking organization" means any organization subject to regulation by the director of the department of financial institutions, any national bank, federal savings and loan association, and federal credit union located within this state;

(5) "Eligible export transaction" means any preexport or export activity by a person or entity located in the state of Washington involving a sale for export and product sale which, in the judgment of the authority: (a) Will create or maintain employment in the state of Washington, (b) will obtain a material percent of its value from manufactured goods or services made, processed or occurring in Washington, and (c) could not otherwise obtain financing on reasonable terms from an eligible banking organization;

(6) "Eligible farmer" means any person who is a resident of the state of Washington and whose specific acreage qualifying for receipts from the federal department of agriculture under its conservation reserve program is within the state of Washington;

(7) "Eligible person" means an individual, partnership, corporation, or joint venture carrying on business, or proposing to carry on business within the state and is seeking financial assistance under RCW 43.163.210;

(8) "Financial assistance" means the infusion of capital to persons for use in the development and exploitation of specific inventions and products;

(9) "Financing document" means an instrument executed by the authority and one or more persons or entities pertaining to the issuance of or security for bonds, or the application of the proceeds of bonds or other funds of, or payable to, the authority. A financing document may include, but need not be limited to, a lease, installment sale agreement, conditional sale agreement, mortgage, loan agreement, trust agreement or indenture, security agreement, letter or line of credit, reimbursement agreement, insurance policy, guaranty agreement, or currency or interest rate swap agreement. A financing document also may be an agreement between the authority and an eligible banking organization which has agreed to make a loan to a borrower;

(10) "Plan" means the general plan of economic development finance objectives developed and adopted by the authority, and updated from time to time, as required under RCW 43.163.090;

(11) "Economic development activities" means activities related to: Manufacturing, processing, research, production, assembly, tooling, warehousing, airports, docks and wharves, mass commuting facilities, high-speed intercity rail facilities, public broadcasting, pollution control, solid waste, federally qualified hazardous waste facilities, energy generating, conservation, or transmission facilities, ((and sports facilities and)) industrial parks and activities conducted within a federally designated enterprise or empowerment zone or geographic area of similar nature. Economic development activities shall not include parking garages primarily for paid public use, sports stadiums or facilities, convention centers, or bridges primarily for motor vehicle use;

(12) "Project costs" means costs of:

(a) Acquisition, lease, construction, reconstruction, remodeling, refurbishing, rehabilitation, extension, and enlargement of land, rights to land, buildings, structures, docks, wharves, fixtures, machinery, equipment, excavations, paving, landscaping, utilities, approaches, roadways and parking, handling and storage areas, and similar ancillary facilities, and any other real or personal property included in an economic development activity;

(b) Architectural, engineering, consulting, accounting, and legal costs related directly to the development, financing, acquisition, lease, construction, reconstruction, remodeling, refurbishing, rehabilitation, extension, and enlargement of an activity included under subsection (11) of this section, including costs of studies assessing the feasibility of an economic development activity;

(c) Finance costs, including the costs of credit enhancement and discounts, if any, the costs of issuing revenue bonds, and costs incurred in carrying out any financing document;

(d) Start-up costs, working capital, capitalized research and development costs, capitalized interest during construction and during the eighteen months after estimated completion of construction, and capitalized debt service or repair and replacement or other appropriate reserves;

(e) The refunding of any outstanding obligations incurred for any of the costs outlined in this subsection; and

(f) Other costs incidental to any of the costs listed in this section;

(13) "Product" means a product, device, technique, or process that is or may be exploitable commercially. "Product" does not refer to pure research, but shall be construed to apply to products, devices, techniques, or processes that have advanced beyond the theoretic stage and are readily capable of being, or have been, reduced to practice;

(14) "Financing agreements" means, and includes without limitation, a contractual arrangement with an eligible person whereby the authority obtains rights from or in an invention or product or proceeds from an invention or product in exchange for the granting of financial and other assistance to the person.

NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

MOTION

Senator Betti Sheldon moved that the following amendment to the Committee on Commerce, Trade, Housing and Financial Institutions striking amendment be adopted:

On page 2, line 35 of the amendment, after "solid waste" insert "recycling"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Betti Sheldon on page 2, line 35 to the Committee on Commerce, Trade, Housing and Financial Institutions striking amendment to House Bill No. 1192.

The motion by Senator Betti Sheldon carried and the amendment to the committee striking amendment was adopted.

MOTION

Senator Tim Sheldon moved that the following amendment to the Committee on Commerce, Trade, Housing and Financial Institutions striking amendment be adopted:

On page 3, line 1 of the amendment, strike “primarily for paid public use” and insert “operated primarily for use by the public”

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Tim Sheldon on page 3, line 1, to the Committee on Commerce, Trade, Housing and Financial Institutions striking amendment to House Bill No. 1192.

The motion by Senator Tim Sheldon carried and the amendment to the committee striking amendment was adopted.

MOTION

Senator Sellar moved that the following amendment to the Committee on Commerce, Trade, Housing and Financial Institutions striking amendment be adopted:

On page 3, after line 39 of the amendment, insert the following:

"Sec. 2. RCW 39.36.020 and 1994 c 277 s 1 are each amended to read as follows:

(1) Except as otherwise expressly provided by law or in subsections (2), (3) and (4) of this section, no taxing district shall for any purpose become indebted in any manner to an amount exceeding three-eighths of one percent of the value of the taxable property in such taxing district without the assent of three-fifths of the voters therein voting at an election to be held for that purpose, nor in cases requiring such assent shall the total indebtedness incurred at any time exceed one and one-fourth percent on the value of the taxable property therein.

(2)(a)(i) Public hospital districts are limited to an indebtedness amount not exceeding three-fourths of one percent of the value of the taxable property in such public hospital districts without the assent of three-fifths of the voters therein voting at an election held for that purpose.

(ii) Counties, cities, and towns are limited to an indebtedness amount not exceeding one and one-half percent of the value of the taxable property in such counties, cities, or towns without the assent of three-fifths of the voters therein voting at an election held for that purpose.

(b) In cases requiring such assent counties, cities, towns, and public hospital districts are limited to a total indebtedness of two and one-half percent of the value of the taxable property therein. However, any county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW may become indebted to a larger amount for its authorized metropolitan functions, as provided under chapter 35.58 RCW, but not exceeding an additional three-fourths of one percent of the value of the taxable property in the county without the assent of three-fifths of the voters therein voting at an election held for that purpose, and in cases requiring such assent not exceeding an additional two and one-half percent of the value of the taxable property in the county.

(3) School districts are limited to an indebtedness amount not exceeding three-eighths of one percent of the value of the taxable property in such district without the assent of three-fifths of the voters therein voting at an election held for that purpose. In cases requiring such assent school districts are limited to a total indebtedness of two and one-half percent of the value of the taxable property therein.

(4) No part of the indebtedness allowed in this chapter shall be incurred for any purpose other than strictly county, city, town, school district, township, port district, metropolitan park district, or other municipal purposes: PROVIDED, That a city or town, with such assent, may become indebted to a larger amount, but not exceeding two and one-half percent additional, determined as herein provided, for supplying such city or town with water, artificial light, and sewers, when the works for supplying such water, light, and sewers shall be owned and controlled by the city or town; and a city or town, with such assent, may become indebted to a larger amount, but not exceeding two and one-half percent additional for acquiring or developing open space ((and)), park facilities, and capital facilities associated with economic development: PROVIDED FURTHER, That any school district may become indebted to a larger amount but not exceeding two and one-half percent additional for capital outlays.

(5) Such indebtedness may be authorized in any total amount in one or more propositions and the amount of such authorization may exceed the amount of indebtedness which could then lawfully be incurred. Such indebtedness may be incurred in one or more series of bonds from time to time out of such authorization but at no time shall the total general indebtedness of any taxing district exceed the above limitation.

The term "value of the taxable property" as used in this section shall have the meaning set forth in RCW 39.36.015.

NEW SECTION. Sec. 3. A new section is added to chapter 39.36 RCW to read as follows:

A city or town seeking voter approval to increase its total indebtedness above two and one-half percent of the value of the taxable property therein for purposes of acquiring or developing capital facilities associated with economic development as provided in RCW 39.36.020 shall notify the Washington economic development finance authority created under RCW 43.163.020 at least thirty days prior to the election held for the purpose of obtaining such assent."

Renumber the remaining section consecutively and correct internal references accordingly.

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Sellar on page 3, line 39, to the Committee on Commerce, Trade, Housing and Financial Institutions striking amendment to House Bill No. 1192.

The motion by Senator Sellar carried and the amendment to the committee striking amendment was adopted.

The President declared the question before the Senate to be the adoption of the Committee on Commerce, Trade, Housing and Financial Institutions striking amendment, as amended, to House Bill No. 1192.

The motion by Senator Betti Sheldon carried and the committee striking amendment, as amended, was adopted.

MOTIONS

On motion of Senator Betti Sheldon, the following title amendments were considered simultaneously and were adopted:

On page 1, line 2 of the title, after "authority;" strike the remainder of the title and insert "reenacting and amending RCW 43.163.010; and declaring an emergency."

On page 4, line 9 of the title amendment, before "reenacting" insert "amending RCW 39.36.020;"

On page 4, line 10 of the title amendment, after "43.163.010;" insert "adding a new section to chapter 39.36 RCW;"

On motion of Senator Betti Sheldon, the rules were suspended, House Bill No. 1192, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1192, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1192, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

Absent: Senator Heavey - 1.

Excused: Senator McCaslin - 1.

HOUSE BILL NO. 1192, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Snyder, the Senate immediately began consideration of Engrossed Substitute House Bill No. 1887.

SECOND READING

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1887, by House Committee on Finance (originally sponsored by Representatives Kessler, Lisk, Grant, Wensman, Wolfe and Pennington) (by request of Department of Revenue)

Revising the machinery and equipment tax exemption for manufacturers and processors for hire.

The bill was read the second time.

MOTION

Senator Snyder moved that the following Committee on Ways and Means amendment not be adopted

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that the application of the manufacturer's machinery and equipment sales and use tax exemption has, in some cases, been difficult and confusing for taxpayers. In this act, the legislature clarifies the original intent of the exemption and its application by explicitly and clearly defining those items of machinery and equipment that are exempt from tax. This act clarifies the definition of "manufacturing" by defining those logging, rock crushing, and testing activities that are exempt and clarifies the definition of "used directly" by clearly stating that, in order to qualify for the exemption, the machinery and equipment must be used so that the major benefit is for exempt purposes.

Sec. 2. RCW 82.04.120 and 1998 c 168 s 1 are each amended to read as follows:

"To manufacture" embraces all activities of a commercial or industrial nature wherein labor or skill is applied, by hand or machinery, to materials so that as a result thereof a new, different or useful substance or article of tangible personal property is produced for sale or commercial or industrial use, and shall include: (1) The production or fabrication of special made or custom made articles; ((and)) (2) the production or fabrication of dental appliances, devices, restorations, substitutes, or other dental laboratory products by a dental laboratory or dental technician; (3) cutting, delimbing, and measuring of felled, cut, or taken trees; and (4) crushing and/or blending of rock, sand, stone, gravel, or ore.

"To manufacture" shall not include: Conditioning of seed for use in planting; cubing hay or alfalfa; ((or)) activities which consist of cutting, grading, or ice glazing seafood which has been cooked, frozen, or canned outside this state; or the growing, harvesting, or producing of agricultural products.

Sec. 3. RCW 82.08.02565 and 1998 c 330 s 1 are each amended to read as follows:

(1) The tax levied by RCW 82.08.020 shall not apply to sales to a manufacturer or processor for hire of machinery and equipment used directly in a manufacturing operation or research and development operation, or to sales of or charges made for labor and services rendered in respect to installing, repairing, cleaning, altering, or improving the machinery and equipment, but only when the purchaser provides the seller with an exemption certificate in a form and manner prescribed by the department by rule. The seller shall retain a copy of the certificate for the seller's files.

(2) For purposes of this section and RCW 82.12.02565:

(a) "Machinery and equipment" means industrial fixtures, devices, and support facilities, and tangible personal property that becomes an ingredient or component thereof, including repair parts and replacement parts. "Machinery and equipment" includes pollution control equipment installed and used in a manufacturing operation or research and development operation to prevent air pollution, water pollution, or contamination that might otherwise result from the manufacturing operation or research and development operation.

(b) "Machinery and equipment" does not include:

(i) Hand-powered tools;

(ii) Property with a useful life of less than one year;

(iii) Buildings, other than machinery and equipment that is permanently affixed to or becomes a physical part of a building; and

(iv) Building fixtures that are not integral to the manufacturing operation or research and development operation that are permanently affixed to and become a physical part of a building, such as utility systems for heating, ventilation, air conditioning, communications, plumbing, or electrical.

(c) Machinery and equipment is "used directly" in a manufacturing operation or research and development operation if for at least fifty percent of its use, as measured by time, value, volume, or other measurement for comparison, the machinery and equipment:

(i) Acts upon or interacts with an item of tangible personal property;

(ii) Conveys, transports, handles, or temporarily stores an item of tangible personal property at the manufacturing site;

(iii) Controls, guides, measures, verifies, aligns, regulates, or tests tangible personal property either at the site or away from the site, such as the road testing, air testing, or water testing of products, or other testing that cannot be done at the manufacturing site because of the nature of the testing involved;

(iv) Provides physical support for or access to tangible personal property;

(v) Produces power for, or lubricates machinery and equipment;

(vi) Produces another item of tangible personal property for use in the manufacturing operation or research and development operation;

(vii) Places tangible personal property in the container, package, or wrapping in which the tangible personal property is normally sold or transported; or

(viii) Is integral to research and development as defined in RCW 82.63.010.

(d) "Manufacturing operation" means the manufacturing of articles, substances, or commodities for sale as tangible personal property. ((The)) A manufacturing operation begins at the point where the raw materials enter the manufacturing site and ends at the point where the ((finished product)) processed material leaves the manufacturing site. The term also includes that portion of a cogeneration project that is used to generate power for consumption within the manufacturing site of which the cogeneration project is an integral part. The term does not include the production of electricity by a light and power business as defined in RCW 82.16.010 or the preparation of food products on the premises of a person selling food products at retail.

(e) "Cogeneration" means the simultaneous generation of electrical energy and low-grade heat from the same fuel.

(f) "Research and development operation" means engaging in research and development as defined in RCW 82.63.010 by a manufacturer or processor for hire.

NEW SECTION. Sec. 4. The legislature intends that sections 2 and 3 of this act be clarifying in nature and are retroactive in response to the administrative difficulties encountered in implementing the original legislation.

Sec. 5. RCW 82.08.02565 and 1999 c . . . s 3 (section 3 of this act) are each amended to read as follows:

(1) The tax levied by RCW 82.08.020 shall not apply to sales to a manufacturer or processor for hire of machinery and equipment used directly in a manufacturing operation or research and development operation, to sales to a person engaged in testing for a manufacturer or processor for hire of machinery and equipment used directly in a testing operation, or to sales of or charges made for labor and services rendered in respect to installing, repairing, cleaning, altering, or improving the machinery and equipment, but only when the purchaser provides the seller with an exemption certificate in a form and manner prescribed by the department by rule. The seller shall retain a copy of the certificate for the seller's files.

(2) For purposes of this section and RCW 82.12.02565:

(a) "Machinery and equipment" means industrial fixtures, devices, and support facilities, and tangible personal property that becomes an ingredient or component thereof, including repair parts and replacement parts. "Machinery and equipment" includes pollution control equipment installed and used in a manufacturing operation, testing operation, or research and development operation to prevent air pollution, water pollution, or contamination that might otherwise result from the manufacturing operation, testing operation, or research and development operation.

(b) "Machinery and equipment" does not include:

(i) Hand-powered tools;

(ii) Property with a useful life of less than one year;

(iii) Buildings, other than machinery and equipment that is permanently affixed to or becomes a physical part of a building; and

(iv) Building fixtures that are not integral to the manufacturing operation, testing operation, or research and development operation that are permanently affixed to and become a physical part of a building, such as utility systems for heating, ventilation, air conditioning, communications, plumbing, or electrical.

(c) Machinery and equipment is "used directly" in a manufacturing operation, testing operation, or research and development operation if for at least fifty percent of its use, as measured by time, value, volume, or other measurement for comparison, the machinery and equipment:

(i) Acts upon or interacts with an item of tangible personal property;

(ii) Conveys, transports, handles, or temporarily stores an item of tangible personal property at the manufacturing site or testing site;

(iv) Provides physical support for or access to tangible personal property;

(v) Produces power for, or lubricates machinery and equipment;

(vi) Produces another item of tangible personal property for use in the manufacturing operation, testing operation, or research and development operation;

(vii) Places tangible personal property in the container, package, or wrapping in which the tangible personal property is normally sold or transported; or

(viii) Is integral to research and development as defined in RCW 82.63.010.

(d) "Manufacturing operation" means the manufacturing of articles, substances, or commodities for sale as tangible personal property. A manufacturing operation begins at the point where the raw materials enter the manufacturing site and ends at the point where the processed material leaves the manufacturing site. The term also includes that portion of a cogeneration project that is used to generate power for consumption within the manufacturing site of which the cogeneration project is an integral part. The term does not include the production of electricity by a light and power business as defined in RCW 82.16.010 or the preparation of food products on the premises of a person selling food products at retail.

(e) "Cogeneration" means the simultaneous generation of electrical energy and low-grade heat from the same fuel.

(f) "Research and development operation" means engaging in research and development as defined in RCW 82.63.010 by a manufacturer or processor for hire.

(g) "Testing" means activities performed to establish or determine the properties, qualities, and limitations of tangible personal property.

(h) "Testing operation" means the testing of tangible personal property for a manufacturer or processor for hire. A testing operation begins at the point where the tangible personal property enters the testing site and ends at the point where the tangible personal property leaves the testing site. The term also includes that portion of a cogeneration project that is used to generate power for consumption within the site of which the cogeneration project is an integral part. The term does not include the production of electricity by a light and power business as defined in RCW 82.16.010 or the preparation of food products on the premises of a person selling food products at retail.

Sec. 6. RCW 82.12.02565 and 1998 c 330 s 2 are each amended to read as follows:

The provisions of this chapter shall not apply in respect to the use by a manufacturer or processor for hire of machinery and equipment used directly in a manufacturing operation or research and development operation or to the use by a person engaged in testing for a manufacturer or processor for hire of machinery and equipment used directly in a testing operation.

NEW SECTION. Sec. 7. Sections 1 through 4 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. 8. Sections 5 and 6 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 July 1, 1999."

Debate ensued.

The President declared the question before the Senate to be the motion by Senator Snyder to not adopt the Committee on Ways and Means striking amendment to Engrossed Substitute House Bill No. 1887.

The motion by Senator Snyder carried and the committee striking amendment was not adopted.

MOTION

On motion of Senator Snyder, the rules were suspended, Engrossed Substitute House Bill No. 1887 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

POINT OF INQUIRY

Senator Loveland: “Why is the dual use standard regarding qualifying and nonqualifying use absent in this bill?”

Senator Snyder: “It is not necessary. The current administrative practice of DOR is 'majority use,' which means over fifty percent based on time, value, volume, or other measurement for comparison, is reasonable. It is within the administrative authority of the department to use this standard, both for the past and in the future. It is, therefore, appropriate for the department to put this standard in rule.”

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1887.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1887 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 47.

Absent: Senator Thibaudeau - 1.

Excused: Senator McCaslin - 1.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1887, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

HOUSE BILL NO. 1757, by Representatives Miloscia, O'Brien, Koster, Lovick, Haigh, Hurst and Radcliff

Expanding the number of inmates subject to mandatory DNA testing.

The bill was read the second time.

MOTION

Senator Hargrove moved that the following Committee on Human Services and Corrections striking amendment be adopted:Strike everything after the enacting clause and insert the following:

"PART I

THE DNA IDENTIFICATION SYSTEM

NEW SECTION. Sec. 101. The legislature finds it necessary to expand the current pool of convicted offenders who must have a blood sample drawn for purposes of DNA identification analysis. The legislature further finds that there is a high rate of recidivism among certain types of violent and sex offenders and that drawing blood is minimally intrusive. Creating an expanded DNA data bank bears a rational relationship to the public's interest in enabling law enforcement to better identify convicted violent and sex offenders who are involved in unsolved crimes, who escape to reoffend, and who reoffend after release.

Sec. 102. RCW 43.43.754 and 1994 c 271 s 402 are each amended to read as follows:

Every adult or juvenile individual convicted of a felony or adjudicated guilty of an equivalent juvenile offense defined as a sex offense under RCW 9.94A.030(((31))) (33)(a) or a violent offense as defined in RCW 9.94A.030 shall have a blood sample drawn for purposes of DNA identification analysis. For persons convicted of such offenses or adjudicated guilty of an equivalent juvenile offense who are serving or who are to serve a term of confinement in a county jail or detention facility, the county shall be responsible for obtaining blood samples ((prior to release from)) either as part of the intake process into the county jail or detention facility for those persons convicted on or after the effective date of this act, or within a reasonable time after the effective date of this act for those persons incarcerated prior to the effective date of this act who have not yet had a blood sample drawn, beginning with those persons who will be released the soonest. For persons convicted of such offenses or adjudicated guilty of an equivalent juvenile offense, who are serving or who are to serve a term of confinement in a department of corrections facility or a division of juvenile rehabilitation facility, the facility holding the person shall be responsible for obtaining blood samples ((prior to release from)) either as part of the intake process into such facility for those persons convicted on or after the effective date of this act, or within a reasonable time after the effective date of this act for those persons incarcerated prior to the effective date of this act who have not yet had a blood sample drawn, beginning with those persons who will be released the soonest. Any blood sample taken pursuant to RCW 43.43.752 through 43.43.758 shall be used solely for the purpose of providing DNA or other blood grouping tests for identification analysis and prosecution of a sex offense or a violent offense.

This section applies to all adults who are convicted after July 1, 1990; and to all adults who were convicted on or prior to July 1, 1990, and who are still incarcerated on or after the effective date of this act. This section applies to all juveniles who are adjudicated guilty after July 1, 1994; and to all juveniles who were adjudicated guilty on or prior to July 1, 1994, and who are still incarcerated on or after the effective date of this act.

PART II

NEW SECTION. Sec. 201. No health care provider, including hospitals, birthing centers, or physicians, may create or maintain any record or copy of any blood sample taken for the purposes of DNA identification.

NEW SECTION. Sec. 202. (1) Any person shall have a cause of action against any health care provider who violates section 201 of this act with regard to that person's blood sample, or to that of his or her child's blood sample.

(2) Any person shall have a cause of action under the consumer protection act, chapter 19.86 RCW, against any health care provider if the health care provider engages in activity that results in a disclosure of a copy or record of that person's blood sample or his or her child's blood sample for commercial purposes or in a commercial transaction.

(3) This section shall only apply to blood samples taken for DNA identification purposes and not to blood samples taken for diagnostic, treatment, or any other legally authorized purposes.

NEW SECTION. Sec. 203. A violation of section 201 of this act that results in a disclosure for commercial purposes or in a commercial transaction shall also constitute a violation under RCW 19.86.020.

NEW SECTION. Sec. 204. 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. 205. Part headings used in this act are not any part of the law.

NEW SECTION. Sec. 206. Sections 201 through 203 of this act constitute a new chapter in Title 70 RCW."

MOTION

Senator Hargrove moved that the following amendments by Senators Hargrove, Franklin, Costa, Stevens and Zarelli to the Committee on Human Services and Corrections striking amendment be considered simultaneously and be adopted:

On page 1, beginning on line 7 of the amendment, strike "

PART I

THE DNA IDENTIFICATION SYSTEM"

Beginning on page 2, after line 21 of the amendment, strike everything through "19.86.020." on page 3, line 6 and insert the following:

"NEW SECTION. Sec. 201. A new section is added to chapter 70.02 RCW to read as follows:

Any health care provider, facility, or researcher who creates, maintains, or discloses a copy or record of a person's individually identifiable DNA information in violation of chapter 42.48 RCW, or RCW 7.70.065, 70.02.050, 71.05.630, or 74.42.040, or in violation of any federal informed consent statute or rule has committed an unfair business practice pursuant to the consumer protection act, chapter 19.86 RCW. Any person whose individually identified DNA information was copied or recorded in violation of this section shall have a cause of action under the consumer protection act.

NEW SECTION. Sec. 202. A new section is added to chapter 19.86 RCW to read as follows:

Any violation of section 201 of this act shall also constitute an unfair business practice in violation of RCW 19.86.020."

On page 3, beginning on line 11 of the amendment, strike all of sections 205 and 206.

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 amendments by Senators Hargrove, Franklin, Costa, Stevens and Zarelli on page 1, line 7; page 2, line 21; and page 3, line 11, to the Committee on Human Services and Corrections striking amendment to House Bill No. 1757.

The amendments to the committee striking amendment were adopted on a rising vote.

The President declared the question before the Senate to be the adoption of the Committee on Human Services and Corrections striking amendment, as amended, to House Bill No. 1757.

The motion by Senator Hargrove carried and the committee striking amendment, as amended, was adopted.

MOTIONS

On motion of Senator Hargrove, the following title amendments were considered simultaneously and were adopted:

On page 1, line 1 of the title, after "identification;" strike the remainder of the title and insert "amending RCW 43.43.754; adding a new chapter to Title 70 RCW; and creating new sections."

On page 3, beginning on line 19 of the title amendment, after "43.43.754;" strike the remainder of the title amendment and insert "adding a new section to chapter 70.02 RCW; adding a new section to chapter 19.86 RCW; and creating a new section."

On motion of Senator Hargrove, the rules were suspended, House Bill No. 1757, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1757, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1757, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 1; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.

Voting nay: Senator Wojahn - 1.

Absent: Senator Horn - 1.

Excused: Senator McCaslin - 1.

HOUSE BILL NO. 1757, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 1448, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Linville, G. Chandler, Cooper, Ericksen, Anderson and Morris)

Allowing the department of ecology to assume primary responsibility for the cleanup of state aquatic lands.

The bill was read the second time.

MOTION

On motion of Senator Jacobsen, the striking amendment by Senators Spanel and Gardner will be considered before the Committee on Natural Resources, Parks and Recreation striking amendment.

MOTION

Senator Spanel moved that the following striking amendment by Senators Spanel and Gardner be adopted:

Strike everything after the enacting clause and insert the following:

“NEW SECTION. Sec. 1. In order to encourage the cleanup of contaminated areas of aquatic lands, the legislature finds that there have been efforts in Washington to pursue cooperative processes among public agencies and private parties to achieve comprehensive cleanup of toxic contamination on aquatic lands and to avoid the delays and costs of litigation that often characterize the cleanup of complex toxic waste sites. The legislature recognizes that state and local policies and practices in the past have contributed to contamination of state-owned aquatic lands. In meeting its responsibility to contribute to the remediation of contaminated sediments, the state may use state-owned aquatic lands for the disposal and remediation of contaminated sediments.

The legislature further recognizes that local governments, through the shoreline management act, chapter 90.58 RCW, and the growth management act, chapter 36.70A RCW, have planned comprehensively in conjunction with the state and with port districts for the land uses that will occur on and around aquatic lands, and that cleanup decisions should be consistent with these local plans.

Therefore the legislature declares the purpose of this act is to reaffirm the need for all state agencies, local communities, local and special purpose governments, federal agencies, tribes, and other interests to seek timely and environmentally protective cleanup solutions for state-owned aquatic lands. It is further the purpose of this act to provide criteria to guide the parties in making cleanup decisions.

NEW SECTION. Sec. 2. A new section is added to chapter 79.90 RCW to read as follows:

(1) For purposes of this section, "cooperating agencies" means the department of ecology, department of natural resources, department of fish and wildlife, general purpose and special purpose local governments, federal agencies and tribal governments that have entered a memorandum of agreement or comparable statement of intent to work cooperatively toward a comprehensive cleanup of one or more sites of contaminated aquatic lands.

(2) When evaluating alternatives for remedial action for contaminated sediments from state or federally required cleanups of aquatic areas, it is appropriate to consider the full range of cleanup and disposal alternatives, including the use of state-owned aquatic lands as part of the remedial action or as mitigation for the habitat impacts of such cleanup or disposal actions. In examining alternatives for remedial action, the cooperating agencies shall consult with other affected governments and private parties. In selecting disposal sites under this section, the cooperating agencies shall strive to limit the number of separate disposal locations.

(3) In examining a proposal to use state-owned aquatic lands for disposal or habitat mitigation, the cooperating agencies shall evaluate a range of alternatives that consider habitat impacts, impacts to navigation and water-borne commerce, cost, and the benefits of expeditiously reducing the availability of hazardous substances to the environment. The disposal or containment of contaminated sediments on state-owned aquatic lands may be made only in an approved multi-user confined aquatic disposal site, or when the following conditions are met:

(a) Such use presents the most environmentally protective option among a reasonable range of upland, nearshore, and in-water disposal options;

(b) There are no unacceptable adverse environmental impacts from the loss of nearshore vegetated aquatic habitat; and

(c) The action is consistent with applicable comprehensive land use plans adopted under chapter 36.70A RCW and shoreline master programs adopted under chapter 90.58 RCW; and

(d) The normal use of harbor areas for commerce and navigation is not impaired.

(4) If the department of ecology determines in the exercise of its regulatory authority under chapter 70.105D that the preferred alternative for remedial action involves the use of state-owned aquatic lands, and the department of natural resources disagrees with the determination, the departments shall seek to resolve their differences in a timely manner. If the departments are unable to resolve the dispute, the departments may use mediation or other methods of alternative dispute resolution to seek a resolution.

(5) In the event that the departments of ecology and natural resources are unable to resolve the dispute in following the procedures of subsection (4), the mediator or other third party facilitator used by the departments shall immediately notify the governor and the commissioner of public lands, who shall seek to resolve the dispute. If the governor and commissioner of public lands are unable within sixty days of such notification to agree upon actions to resolve the dispute, they shall immediately report the impasse, including alternatives considered and not adopted, to the standing environmental and natural resources committees of the senate and the house of representatives.

NEW SECTION. Sec. 3. The Puget Sound action team shall monitor the progress of analysis and selection of remedial action alternatives by cooperating agencies under section 2 of this act. No later than January 1 of each year beginning in 2000, the team shall provide a report on such progress to the standing environmental and natural resources committees of the senate and house of representatives.

NEW SECTION. Sec. 4. This act and the authorities granted under this act shall terminate on July 1, 2004. However, such termination shall not affect any action taken prior to such date under the authority of this act.”

Renumber the sections consecutively and correct any internal references accordingly.

MOTION

Senator Patterson moved that the following amendments to the striking amendment by Senators Spanel and Gardner be considered simultaneously and be adopted:

On page 3, line 22, delete "this" and insert "Sections 1 through 4 of this"

On page 3, after line 26, insert the following:

"NEW SECTION. Sec. 5. A new section is added to chapter 79.90 RCW to read as follows:

State agencies and local governments with regulatory jurisdiction over activities that impact aquatic lands and other wetlands shall not approve a plan for the mitigation of impairment or destruction of aquatic lands or other wetlands which support or otherwise sustain the values of the aquatic habitat of a species listed or proposed for listing under the federal endangered species act (16 U.S.C. Sec. 1351 et seq.), unless the plan provides for replacement or enhancement of aquatic lands or other wetlands providing habitat for such species within five miles of the impacted area, in the case of aquatic lands, or within the same drainage basin, in the case of other wetlands.

NEW SECTION. Sec. 6. A new section is added to chapter 90.48 RCW to read as follows:

A certification by the department under the authority of section 401 of the federal water pollution control amendments of 1972, 22 U.S.C. 1341 et seq., shall not be issued for any project which will impair or destroy aquatic lands or other wetlands which support or otherwise sustain the values of aquatic habitat of a species listed or proposed for listing under the federal endangered species act (16 U.S.C. Sec. 1351 et seq.), unless the project is conditioned to require replacement or enhancement of wetlands providing habitat for such species five miles of the impacted area, in the case of aquatic lands, or within the same drainage basin, in the case of other wetlands."

Renumber the sections consecutively, correct any internal references accordingly, and amend the title accordingly.

Debate ensued.

POINT OF ORDER

Senator West: “Mr. President, I rise to a point of order. I believe the amendments by Senator Patterson on page 3, lines 22 and 26 to the striking amendment by Senator Spanel and Gardner changes the scope and object of the underlying bill, Substitute House Bill No. 1448. The underlying bill, in the intent section, states that the Legislature declares its intent to centralize and streamline the state's decision making processes for the comprehensive clean-up of urban harbors. It speaks also--it speaks repeatedly of urban harbors and aquatic lands. These amendments are dealing with wetlands not related to urban harbors and is, therefore, outside the scope and object of the underlying bill. Even the striking amendment offered by Senators Spanel and Gardner does not speak to wetlands. It speaks to aquatic lands repeatedly, so there is quite a difference and I would suggest that this is out of scope and object.”

Further debate ensued.

MOTION

On motion of Senator Betti Sheldon, further consideration of Substitute House Bill No. 1448 was deferred.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 2152, by House Committee on Health Care (originally sponsored by Representatives Cody, Parlette, Van Luven, Conway and Edmonds)

Concerning long-term care payment rates.

The bill was read the second time.

MOTION

On motion of Senator Thibaudeau, the rules were suspended, Substitute House Bill No. 2152 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2152.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 2152 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator McCaslin - 1.

SUBSTITUTE HOUSE BILL NO. 2152, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2254, by House Committee on Appropriations (originally sponsored by Representatives DeBolt, Ruderman, Poulsen, Crouse, Morris, Mielke, Bush, Thomas, Cooper, Reardon, Stensen, Keiser, Lantz, Fisher, McDonald, O'Brien, Lovick, Sullivan, Hurst, Santos, Hankins, Kenney, Wolfe, Ogden, Anderson, Kagi, Constantine, Dickerson, Conway, Linville, Rockefeller, Romero, Veloria, Wood, Ericksen, Edmonds, McIntire, Alexander, Mitchell, K. Schmidt and Esser)

Preventing unauthorized changes to, and unauthorized billing for, telecommunication services.

MOTION

Senator Brown moved that the following Committee on Energy, Technology and Telecommunications striking amendment be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that changes in the rapidly changing telecommunications market are resulting in new consumer problems. The legislature further finds that unauthorized changes in telecommunications service, known commonly as slamming, and unauthorized billing for service on telecommunications bills, known commonly as cramming, are unfair and deceptive consumer practices. The legislature further finds that consumers should have options available to protect themselves against unauthorized service changes and billings. In addition, current penalties and remedies need to be increased to provide a more effective deterrent to these practices.

NEW SECTION. Sec. 2. (1) Every local exchange telecommunications company must offer to its customers, as a part of basic local service and at no additional cost, the following optional services:

(a) Preferred carrier freeze. Preferred carrier freeze procedures, including any solicitation thereof, must clearly distinguish among telecommunications services subject to a preferred carrier freeze. The carrier offering the freeze must obtain separate authorization for each service for which a preferred carrier freeze is requested. If a customer has subscribed to preferred carrier freeze, the local exchange company may not make changes to the customer's telecommunications services including without limitation local exchange service, intraLATA, interLATA, intrastate toll, interstate toll, or international toll service except on direct oral or written direction of the customer and shall reject any orders for change in service that are submitted on behalf of the customer; and

(b) Bill block services must be offered by December 31, 1999. Customers may block the billing of nontelecommunication products or services or telecommunication services provided by a company other than the customer's local exchange carrier or authorized long distance carrier. On request of bill block services by the customer, service providers that are not affiliated with the local exchange carrier shall not submit charges to the local exchange carrier for nontelecommunications products, services or nonpresubscribed intrastate or interstate toll services. For purposes of this subsection, nonpresubscribed intrastate or interstate toll services shall not include operator-assisted long distance, dial-around long distance, collect calls, or calling card services.

(2) Each local exchange telecommunications company must notify its customers of the services described in this section at the time service is established and at least once per year thereafter. The commission may prescribe the form of notice by rule.

NEW SECTION. Sec. 3. All lists of charges for services that appear on a customer's bill shall be clear, separate, and distinct. At a minimum, all bills must clearly identify on the bill the company making the charge, the specific product, service, or package of services being billed for, and a toll-free contact number for disputing a charge. The commission may prescribe the form of bill disclosure by rule.

NEW SECTION. Sec. 4. (1)(a) No person shall: (i) Cause a change in a customer's selection of telecommunications company without the customer's authorization as prescribed by the commission; and (ii) place or cause to be placed an unauthorized charge on a customer's telecommunications account.

(b) Any customer who is the victim of acts prohibited by this section is absolved of liability for (i) all charges imposed by the unauthorized carrier for products or services provided during the first thirty days after the unauthorized change, or for a longer period of time as permitted by the commission; (ii) all charges required to return the customer to his or her properly authorized carrier; and (iii) all other charges imposed in connection with the unauthorized change.

(2) The carrier that a customer contacts to report an unauthorized change, whether that entity is the customer's local exchange company, unauthorized carrier, or the customer's authorized carrier shall immediately take appropriate action to return the customer to his or her authorized carrier. The carrier that a customer calls to report an unauthorized change, whether that entity is the customer's local exchange company, unauthorized carrier, or the customer's authorized carrier is required to inform the customer that he or she is not required to pay for any unauthorized charges incurred for the first thirty days after the unauthorized charge. The unauthorized carrier shall remove charges, if any, from the customer's bill for charges incurred within the first thirty days of the unauthorized change and any charges required to return the customer to his or her properly authorized carrier. The local exchange carrier, when serving as the billing agent, may independently carry out the provisions of this subsection.

(3) If a customer disputes a charge for nontelecommunications service, or telecommunications services provided by a company other than the customer's local exchange carrier or authorized long-distance carrier, the local exchange company shall remove the charge from the bill. This subsection does not affect the ability of the charging company to independently collect legitimate charges.

(4) The commission may adopt rules necessary to enforce this section.

NEW SECTION. Sec. 5. In addition to any penalties provided by law, the commission may take one or more of the following actions:

(1) Order payment by an unauthorized service provider to the service provider previously selected by the customer in an amount not to exceed all charges billed to the customer by the unauthorized service provider for services provided during the unauthorized service period; and

(2) Order the unauthorized service provider to refund all payments made by the customer for services provided during the unauthorized service period.

NEW SECTION. Sec. 6. The legislature finds that the practices covered by section 4(1)(a) of this act are matters vitally affecting the public interest for purposes of applying the consumer protection act. A violation of section 4(1)(a) of this act is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce for the purpose of applying the consumer protection act, chapter 19.86 RCW. In any action under chapter 19.86 RCW, a person who proves any of the causes of action identified in this section is entitled to a presumption of injury and in addition to recovering costs and reasonable attorneys' fees, damages may be ordered in the amount of two thousand five hundred dollars.

NEW SECTION. Sec. 7. The Washington utilities and transportation commission and the attorney general shall assess and report to the legislature by June 2000 whether the practices of unauthorized service changes and billing have been deterred by this act and may make recommendations to the legislature with regard to enforcement.

NEW SECTION. Sec. 8. Sections 2 through 6 of this act are each added to chapter 80.36 RCW.

MOTION

Senator Brown moved that the following amendments to the Committee on Energy, Technology and Telecommunications striking amendment be considered simultaneously and be adopted:

On page 1, line 9 of the amendment, after "problems." insert "The legislature finds that universal telephone service, which is the wide availability of basic telephone service at reasonably affordable rates, has long been the policy of the state of Washington and is essential to the economic well-being of the state. The legislature finds that affordable telecommunications service is jeopardized by the transition to a competitive telecommunications market and that a program for the preservation and advancement of universal telecommunications service is necessary to protect affordable basic telecommunications service throughout the state."

On page 1, after line 16 of the amendment, insert the following:

"NEW SECTION. Sec. 2. A new section is added to chapter 80.36 RCW to read as follows:

(1) The legislature approves the plan that the utilities and transportation commission has prepared under RCW 80.36.600. The legislature directs the commission to implement a program for the preservation and advancement of universal telecommunications service consistent with RCW 80.36.600 and the requirements of the federal telecommunications act of 1996 (47 U.S.C. Sec. 254) to:

(a) Benefit all telecommunications carriers in the state by ensuring that there exists a modern telecommunications network to which all carriers and their customers have reasonable access;

(b) Provide support for all telecommunications lines used to provide basic telecommunications services, as defined in RCW 80.36.600, for customers of telecommunications companies in high-cost locations; and

(c) Replace the existing system of universal service provisioning, that relies on implicit subsidies for companies serving customers in high-cost locations, with a program that relies on explicit contributions to a fund.

(2) The universal service fund is created. The fund shall be outside the state treasury and an appropriation is not required for expenditures from the fund.

(3) Every telecommunications carrier shall contribute to the fund on an equitable and nondiscriminatory basis. The commission shall establish each carrier's fee annually by order. A carrier's fee may not exceed three percent of its gross end-user telecommunications revenue."

Renumber the remaining sections consecutively and correct any internal references accordingly.

POINT OF ORDER

Senator Hochstatter: “A point of order, Mr. President. I challenge the amendments by Senator Brown on page 1, lines 9 and 16, to the Committee on Energy, Technology and Telecommunications striking amendment in that the subject matter setting up a new telecommunications universal service fund lies outside the scope and object of this bill. The underlying bill is slamming and cramming and that is to say that it is illegal charges and illegal switching of your long distance carrier. The two subjects are both telecommunications, but are far different in scope and I would ask for your judgement on this issue. Thank you.”

Further debate ensued.

MOTION

On motion of Senator Betti Sheldon, further consideration of Engrossed Substitute House Bill No. 2254 was deferred.

SECOND READING

HOUSE BILL NO. 2259, by Representatives Murray, Hankins, Ogden, K. Schmidt, Fisher, Radcliff, Hatfield and Hurst

Extending the term of drivers' licenses.

The bill was read the second time.

MOTION

Senator Haugen moved that the following Committee on Transportation striking amendment be adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 46.20.161 and 1999 c 6 s 22 are each amended to read as follows:

The department, upon receipt of a fee of ((fourteen)) twenty dollars, which includes the fee for the required photograph, shall issue to every qualifying applicant a driver's license. The license must include a distinguishing number assigned to the licensee, the name of record, date of birth, Washington residence address, photograph, a brief description of the licensee, and either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with pen and ink immediately upon receipt of the license. No license is valid until it has been so signed by the licensee.

Sec. 2. RCW 46.20.181 and 1999 c 6 s 23 are each amended to read as follows:

(1) Every driver's license expires on the fourth anniversary of the licensee's birthdate following the issuance of the license.

(2) A person may renew his or her license on or before the expiration date by submitting an application as prescribed by the department and paying a fee of ((fourteen)) twenty dollars. This fee includes the fee for the required photograph.

(3) A person renewing his or her driver's license more than sixty days after the license has expired shall pay a penalty fee of ten dollars in addition to the renewal fee, unless his or her license expired when:

(a) The person was outside the state and he or she renews the license within sixty days after returning to this state; or

(b) The person was incapacitated and he or she renews the license within sixty days after the termination of the incapacity.

Sec. 3. RCW 46.20.470 and 1989 c 178 s 21 are each amended to read as follows:

There shall be an additional fee for issuing any class of commercial driver's license in addition to the prescribed fee required for the issuance of the original driver's license. The additional fee for each class shall not exceed ((twelve)) sixteen dollars for the original commercial driver's license or subsequent renewals. The fee shall be deposited in the highway safety fund.

Sec. 4. RCW 46.20.505 and 1993 c 115 s 1 are each amended to read as follows:

Every person applying for a special endorsement or a new category of endorsement of a driver's license authorizing such person to drive a motorcycle or a motor-driven cycle shall pay an examination fee of two dollars which is not refundable. In addition, the endorsement fee for the initial or new category motorcycle endorsement shall be ((six)) eight dollars, and the subsequent renewal endorsement fee shall be ((fourteen)) twenty dollars. The initial or new category and renewal endorsement fees shall be deposited in the motorcycle safety education account of the highway safety fund."

POINT OF INQUIRY

Senator Finkbeiner: “Senator Haugen, do I understand this correctly that the amendment that we are just about to vote on would raise the fee for driver's licenses?”

Senator Haugen: “Both ways, it does.”

Senator Finkbeiner: “And does this amendment that we are voting on raise it higher?”

Senator Haugen: “No, it is the same. It would end up the same. It is a dollar and a half a year. If it goes to six years, it is thirty dollars. If it stays at four years, it is twenty dollars.”

Senator Finkbeiner: “Okay. Thanks for that clarification. I'll save my remarks for the underlying bill.”

The President declared the question before the Senate to be the adoption of the Committee on Transportation striking amendment to House Bill No. 2259.

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

MOTIONS

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

On page 1, line 1 of the title, after "licenses;" strike the remainder of the title and insert "and amending RCW 46.20.161, 46.20.181, 46.20.470, and 46.20.505."

On motion of Senator Haugen, the rules were suspended, House Bill No. 2259, as amended by the Senate, 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 House Bill No. 2259, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 2259, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 35; Nays, 12; Absent, 1; Excused, 1.

Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Heavey, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Oke, Patterson, Prentice, Rasmussen, Sellar, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 35.

Voting nay: Senators Benton, Finkbeiner, Goings, Hochstatter, McDonald, Roach, Rossi, Sheahan, Stevens, Swecker, West and Zarelli - 12.

Absent: Senator Morton - 1.

Excused: Senator McCaslin - 1.

HOUSE BILL NO. 2259, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

There being no objection, the Senate resumed consideration of Substitute House Bill No. 1448 and the pending amendments by Senator Patterson on page 3, lines 22 and after line 26, to the striking amendment by Senators Spanel and Gardner, deferred earlier today.

RULING BY THE PRESIDENT

President Owen: “In ruling upon the point of order raised by Senator West to the scope and object of the amendments by Senator Patterson on page 3, lines 22 and 26, to the striking amendment by Senators Spanel and Gardner, the President finds that Substitute House Bill No. 1448 is a measure which provides that the Department of Ecology shall have primary responsibility for clean up of state-owned aquatic lands, and permits the Department of Ecology to evaluate remedial actions concerning state-owned aquatic lands.

“The amendments by Senator Patterson to the striking amendment would establish mitigation requirements for aquatic lands, but also for wetlands.

“For this reason, the President finds that the amendments does change the scope and object of the bill and the point of order is well taken.”

The amendments on page 3, lines 22 and 26 by Senator Patterson to the striking amendment by Senators Spanel and Gardner to Substitute House Bill No. 1448 were ruled out of order.

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Spanel and Gardner to Substitute House Bill No. 1448.

Debate ensued.

The motion by Senator Spanel failed and the striking amendment was not adopted on a rising vote.

MOTION

Senator Jacobsen moved that the following Committee on Natural Resources, Parks and Recreation striking amendment be adopted;

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. In order to encourage the cleanup of contaminated areas of aquatic lands, the legislature declares its intent to centralize and streamline the state's decision-making processes. The department of ecology shall assume primary responsibility, on behalf of the state, for working cooperatively with local communities to seek expeditious and innovative cleanup solutions for state-owned aquatic lands. The department of ecology's decisions for remediation of state-owned aquatic lands shall be binding on all other state agencies.

The legislature recognizes that local governments, through the shoreline management act, chapter 90.58 RCW, and the growth management act, chapter 36.70A RCW, have planned comprehensively in conjunction with the state and with port districts for the land uses that will occur on and around aquatic lands.

In all land management matters involving state-owned aquatic land other than the cleanup of state-owned aquatic land, the department of natural resources shall retain all of its powers and responsibilities for implementing chapters 79.90 through 79.96 RCW and shall continue to exercise all of these existing land management powers and responsibilities.

NEW SECTION. Sec. 2. A new section is added to chapter 79.90 RCW to read as follows:

(1) The state finds that it may be appropriate to use state-owned aquatic lands as part of a remedial action for contaminated sediments from state or federally required cleanups of aquatic areas, or as mitigation for the habitat impacts of cleanup or disposal actions. In examining a proposal to use state-owned aquatic lands for disposal or habitat mitigation, the department of ecology, as required under chapters 70.105D, 90.48, and 43.21C RCW, shall evaluate a range of alternatives that consider habitat impacts, impacts to navigation and water-borne commerce, cost, and the benefits of expeditiously reducing the availability of hazardous substances to the environment.

(2) The department of ecology may require the disposal or containment of contaminated sediments on state-owned aquatic lands only in an approved multi-user confined aquatic disposal site, or when the following conditions are met:

(a) The department finds that such use presents the most environmentally protective option among a reasonable range of upland, nearshore, and in-water disposal options;

(b) The department of ecology finds that there are no unacceptable adverse environmental impacts from the loss of nearshore vegetated aquatic habitat; and

(3) In examining alternatives for remedial action, the department shall consult with affected state agencies, federal agencies, tribes, port districts, and local governments. In selecting disposal sites under this section, the department shall strive to limit the number of separate disposal locations.

(4) If the department of ecology, in exercising its regulatory authority to require cleanup of contaminated sediments, chooses a remedial action or concurs with an action required under the comprehensive environmental response, compensation, and liability act of 1980 that requires the use of state-owned aquatic land for containment or disposal of sediments, or for mitigation of habitat, the department of natural resources shall issue a use authorization within sixty days of the date the department of ecology issues or concurs in a final remedial action. This use authorization must contain the provisions needed to expeditiously allow the use of state-owned aquatic lands for the implementation of those activities required, or concurred with, by the department of ecology. The use authorization may not contain terms or conditions which, in the judgment of the department of ecology, delay or alter the purpose of the remedial action. Any such use authorization may contain measures to indemnify or otherwise hold the state harmless from any additional liability arising out of the use of state-owned aquatic lands. Nothing in this section shall be construed to impose liability on the state as a result of the department of ecology's exercise of its regulatory authority to require cleanup.

(5) This section only applies to the cleanup and mitigation of the impacts of cleanup of state-owned aquatic land. It does not affect the powers and responsibilities of the department of natural resources for implementing chapters 79.90 through 79.96 RCW in any other land management matters.

Sec. 3. RCW 79.90.465 and 1984 c 221 s 4 are each amended to read as follows:

The definitions in this section apply throughout chapters 79.90 through 79.96 RCW.

(1) "Water-dependent use" means a use which cannot logically exist in any location but on the water. Examples include, but are not limited to, water-borne commerce; terminal and transfer facilities; ferry terminals; watercraft sales in conjunction with other water-dependent uses; watercraft construction, repair, and maintenance; moorage and launching facilities; aquaculture; log booming; aquatic habitat mitigation; and public fishing piers and parks.

(2) "Water-oriented use" means a use which historically has been dependent on a waterfront location, but with existing technology could be located away from the waterfront. Examples include, but are not limited to, wood products manufacturing, watercraft sales, fish processing, petroleum refining, sand and gravel processing, log storage, and house boats. For the purposes of determining rent under this chapter, water-oriented uses shall be classified as water-dependent uses if the activity either is conducted on state-owned aquatic lands leased on October 1, 1984, or was actually conducted on the state-owned aquatic lands for at least three years before October 1, 1984. If, after October 1, 1984, the activity is changed to a use other than a water-dependent use, the activity shall be classified as a nonwater-dependent use. If continuation of the existing use requires leasing additional state-owned aquatic lands and is permitted under the shoreline management act of 1971, chapter 90.58 RCW, the department may allow reasonable expansion of the water-oriented use.

(3) "Nonwater-dependent use" means a use which can operate in a location other than on the waterfront. Examples include, but are not limited to, hotels, condominiums, apartments, restaurants, retail stores, and warehouses not part of a marine terminal or transfer facility.

(4) "Log storage" means the water storage of logs in rafts or otherwise prepared for shipment in water-borne commerce, but does not include the temporary holding of logs to be taken directly into a vessel or processing facility.

(5) "Log booming" means placing logs into and taking them out of the water, assembling and disassembling log rafts before or after their movement in water-borne commerce, related handling and sorting activities taking place in the water, and the temporary holding of logs to be taken directly into a processing facility. "Log booming" does not include the temporary holding of logs to be taken directly into a vessel.

(6) "Department" means the department of natural resources.

(7) "Port district" means a port district created under Title 53 RCW.

(8) The "real rate of return" means the average for the most recent ten calendar years of the average rate of return on conventional real property mortgages as reported by the federal home loan bank board or any successor agency, minus the average inflation rate for the most recent ten calendar years.

(9) The "inflation rate" for a given year is the percentage rate of change in the previous calendar year's all commodity producer price index of the bureau of labor statistics of the United States department of commerce. If the index ceases to be published, the department shall designate by rule a comparable substitute index.

(10) "Public utility lines" means pipes, conduits, and similar facilities for distribution of water, electricity, natural gas, telephone, other electronic communication, and sewers, including sewer outfall lines.

(11) "Terminal" means a point of interchange between land and water carriers, such as a pier, wharf, or group of such, equipped with facilities for care and handling of cargo and/or passengers.

(12) "State-owned aquatic lands" means those aquatic lands and waterways administered by the department of natural resources or managed under RCW 79.90.475 by a port district. "State-owned aquatic lands" does not include aquatic lands owned in fee by, or withdrawn for the use of, state agencies other than the department of natural resources."

Debate ensued.

The President declared the question before the Senate to be the adoption of the Committee on Natural Resources, Parks and Recreation striking amendment to Substitute House Bill No. 1448.

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

MOTIONS

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

On page 1, line 2 of the title, after "sediments;" strike the remainder of the title and insert "amending RCW 79.90.465; adding a new section to chapter 79.90 RCW; and creating a new section."

On motion of Senator Jacobsen, the rules were suspended, Substitute House Bill No. 1448, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1448, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1448, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 33; Nays, 14; Absent, 1; Excused, 1.

Voting yea: Senators Bauer, Benton, Deccio, Finkbeiner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Long, Loveland, McDonald, Oke, Prentice, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 33.

Voting nay: Senators Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Kline, Kohl-Welles, McAuliffe, Patterson, Rasmussen, Spanel and Thibaudeau - 14.

Absent: Senator Morton - 1.

Excused: Senator McCaslin - 1.

SUBSTITUTE HOUSE BILL NO. 1448, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

There being no objection, the Senate resumed consideration of Engrossed Substitute House Bill No. 2254 and the pending amendments by Senator Brown on page 1, lines 9 and 16, to the Committee on Energy, Technology and Telecommunications striking amendment, deferred earlier today.

RULING BY THE PRESIDENT

President Owen: “In ruling upon the point of order raised by Senator Hochstatter to the scope and object of amendments by Senator Brown on page 1, lines 9 and 16, to the Committee on Energy, Technology and Telecommunications striking amendment, the President finds that Engrossed Substitute House Bill No. 2254 is a measure which only prohibits certain telecommunications practices; namely (1) making unauthorized long distance charges and (2) causing the unauthorized change of long distance carriers.

“The amendments by Senator Brown to the committee striking amendment would create a universal services fund, and direct the U.T.C. to implement a universal services program.

“The President, therefore, finds that the amendments do change the scope and object of the bill and the point of order is well taken.”

The amendments by Senator Brown on page 1, lines 9 and 16, to the Committee on Energy, Technology and Telecommunications striking amendment to Engrossed Substitute House Bill No. 2254 were ruled out of order.

MOTION

On motion of Senator Betti Sheldon, further consideration of Engrossed Substitute House Bill No. 2254 was deferred.

MOTION

On motion of Senator Betti Sheldon, the Senate reverted to the fourth order of business.

MESSAGE FROM THE HOUSE

April 6, 1999

MR. PRESIDENT:

The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5175 with the following amendment(s)

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 39.33 RCW to read as follows:

(1) An agency as defined in RCW 42.52.010 may donate to any school district or educational service district surplus computers and computer-related equipment.

(2) By September 1, 1999, the office of superintendent of public instruction and the department of general administration shall jointly develop guidelines and distribution standards for the purpose of implementing subsection (1) of this section. The guidelines and distribution standards shall include considerations for quality, school-district needs, and accountability, and shall give priority to meeting the computer-related needs of children with disabilities, including those disabilities that require the portability of laptop computers.

Sec. 2. RCW 43.19.1919 and 1997 c 264 s 2 are each amended to read as follows:

Except as provided in RCW 28A.335.180 ((and)), 43.19.1920, and section 1 of this act, the division of purchasing shall sell or exchange personal property belonging to the state for which the agency, office, department, or educational institution having custody thereof has no further use, at public or private sale, and cause the moneys realized from the sale of any such property to be paid into the fund from which such property was purchased or, if such fund no longer exists, into the state general fund: PROVIDED, Sales of capital assets may be made by the division of purchasing and a credit established in central stores for future purchases of capital items as provided for in RCW 43.19.190 through 43.19.1939, as now or hereafter amended: PROVIDED FURTHER, That personal property, excess to a state agency, including educational institutions, shall not be sold or disposed of prior to reasonable efforts by the division of purchasing to determine if other state agencies have a requirement for such personal property. Such determination shall follow sufficient notice to all state agencies to allow adequate time for them to make their needs known. Surplus items may be disposed of without prior notification to state agencies if it is determined by the director of general administration to be in the best interest of the state. The division of purchasing shall maintain a record of disposed surplus property, including date and method of disposal, identity of any recipient, and approximate value of the property: PROVIDED, FURTHER, That this section shall not apply to personal property acquired by a state organization under federal grants and contracts if in conflict with special title provisions contained in such grants or contracts.

This section does not apply to property under RCW 27.53.045.

Sec. 3. RCW 28A.335.180 and 1997 c 264 s 1 and 1997 c 104 s 1 are each reenacted and amended to read as follows:

(1) Notwithstanding any other provision of law, school districts, educational service districts, or any other state or local governmental agency concerned with education, when declaring texts and other books, equipment, materials or relocatable facilities as surplus, shall, prior to other disposal thereof, serve notice in writing in a newspaper of general circulation in the school district and to any public school district or private school in Washington state annually requesting such a notice, that the same is available for sale, rent, or lease to public school districts or approved private schools, at depreciated cost or fair market value, whichever is greater: PROVIDED, That students wishing to purchase texts pursuant to RCW 28A.320.230(2) shall have priority as to such texts. The notice requirement in this section does not apply to the sale or transfer of assistive devices under RCW 28A.335.205 or chapter 72.40 RCW. Such districts or agencies shall not otherwise sell, rent or lease such surplus property to any person, firm, organization, or nongovernmental agency for at least thirty days following publication of notice in a newspaper of general circulation in the school district.

(2) In lieu of complying with subsection (1) of this section, school districts and educational service districts may elect to grant surplus personal property to a federal, state, or local governmental entity, or to indigent persons, at no cost on the condition the property be used for preschool through twelfth grade educational purposes, or elect to loan surplus personal property to a nonreligious, nonsectarian private entity on the condition the property be used for the preschool through twelfth grade education of members of the public on a nondiscriminatory basis.

(3) The office of superintendent of public instruction may distribute surplus computers and computer-related equipment in accordance with section 1 of this act. The office of the superintendent of public instruction may provide information about the availability of those items to school districts and educational service districts. In any distribution of computers and computer-related equipment, the office shall give priority to school districts and educational service districts seeking computers for students with disabilities, including those disabilities that require the portability of laptop computers.", and the same are herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

DEAN R. FOSTER, Co-Chief Clerk

MOTION

Senator Patterson moved that the Senate refuse to concur in the House amendment to Engrossed Substitute Senate Bill No. 5175 and asks the House to recede therefrom.

Debate ensued.

The President declared the question before the Senate to be the motion by Senator Patterson that the Senate refuse to concur in the House amendment to Engrossed Substitute Senate Bill No. 5175 and asks the House to recede therefrom.

The motion by Senator Patterson carried and the Senate refuses to concur in the House amendment to Engrossed Substitute Senate Bill No. 5175 and asks the House to recede therefrom.

MESSAGE FROM THE HOUSE

April 7, 1999

MR. PRESIDENT:

The House has passed SENATE BILL NO. 5343 with the following amendment(s)

On page 1, line 4, strike section 1 and insert the following:

“NEW SECTION Sec.1. A new section is added to chapter 28A.150 RCW to read as follows:

If information is requested under RCW 74.13.285, the school shall provide to the department of social and health services as soon as possible, the student’s academic records, including the student’s official transcript, placement history, information pertaining to disciplinary actions, and other records or information that may be pertinent to the student’s future academic placements.”, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

DEAN R. FOSTER, Co-Chief Clerk

MOTION

On motion of Senator Costa, the Senate refuses to concur in the House amendment to Senate Bill No. 5343 and asks the House to recede therefrom.

MESSAGE FROM THE HOUSE

April 7, 1999

MR. PRESIDENT:

The House has passed SENATE BILL NO. 5664 with the following amendment(s)

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 7.80.130 and 1987 c 456 s 21 are each amended to read as follows:

(1) An order entered after the receipt of a response which does not contest the determination, or after it has been established at a hearing that the civil infraction was committed, or after a hearing for the purpose of explaining mitigating circumstances is civil in nature.

(2) The court may waive, reduce, or suspend the monetary penalty prescribed for the civil infraction. If the court determines that a person has insufficient funds to pay the monetary penalty, the court may order performance of a number of hours of community ((service)) restitution in lieu of a monetary penalty, at the rate of the then state minimum wage per hour.

Sec. 2. RCW 7.80.160 and 1989 c 373 s 12 are each amended to read as follows:

(1) A person who fails to sign a notice of civil infraction is guilty of a misdemeanor.

(2) Any person willfully violating his or her written and signed promise to appear in court or his or her written and signed promise to respond to a notice of civil infraction is guilty of a misdemeanor regardless of the disposition of the notice of civil infraction. A written promise to appear in court or a written promise to respond to a notice of civil infraction may be complied with by an appearance by counsel.

(3) A person who willfully fails to pay a monetary penalty or to perform community ((service)) restitution as required by a court under this chapter may be found in contempt of court as provided in chapter 7.21 RCW.

Sec. 3. RCW 7.84.110 and 1987 c 380 s 11 are each amended to read as follows:

(1) An order entered after the receipt of a response which does not contest the determination, or after it has been established at a hearing that the infraction was committed, or after a hearing for the purpose of explaining mitigating circumstances, is civil in nature.

(2) The court may, in its discretion, waive, reduce, or suspend the monetary penalty prescribed for the infraction. At the person's request, the court may order performance of a number of hours of community ((service)) restitution in lieu of a monetary penalty, at the rate of the then state minimum wage per hour.

Sec. 4. RCW 7.84.130 and 1987 c 380 s 13 are each amended to read as follows:

(1) Failure to pay a monetary penalty assessed by a court under the provisions of this chapter is a misdemeanor under chapter 9A.20 RCW.

(2) Failure to complete community ((service)) restitution ordered by a court under the provisions of this chapter is a misdemeanor under chapter 9A.20 RCW.

Sec. 5. RCW 9.94A.030 and 1998 c 290 s 3 are each amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(18) "Drug offense" means:

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

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

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

(19) "Escape" means:

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

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

(20) "Felony traffic offense" means:

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

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

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

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

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

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

(b) Assault in the second degree;

(d) Child molestation in the second degree;

(e) Controlled substance homicide;

(f) Extortion in the first degree;

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

(h) Indecent liberties;

(i) Kidnapping in the second degree;

(j) Leading organized crime;

(k) Manslaughter in the first degree;

(l) Manslaughter in the second degree;

(m) Promoting prostitution in the first degree;

(n) Rape in the third degree;

(o) Robbery in the second degree;

(p) Sexual exploitation;

(q) Vehicular assault;

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

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

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

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

(v)(i) A prior conviction for indecent liberties under RCW 9A.88.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, until July 1, 1988;

(ii) A prior conviction for indecent liberties under RCW 9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, if: (A) The crime was committed against a child under the age of fourteen; or (B) the relationship between the victim and perpetrator is included in the definition of indecent liberties under RCW 9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 1993, through July 27, 1997.

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

(25) "Offender" means a person who has committed a felony established by state law and is eighteen years of age or older or is less than eighteen years of age but whose case is under superior court jurisdiction under RCW 13.04.030 or has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110. Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.

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

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

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

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

(b)(i) Has been convicted of: (A) Rape in the first degree, rape of a child in the first degree, child molestation in the first degree, rape in the second degree, rape of a child in the second degree, or indecent liberties by forcible compulsion; (B) murder in the first degree, murder in the second degree, homicide by abuse, kidnapping in the first degree, kidnapping in the second degree, assault in the first degree, assault in the second degree, assault of a child in the first degree, or burglary in the first degree, with a finding of sexual motivation; or (C) an attempt to commit any crime listed in this subsection (27)(b)(i); and

(ii) Has, before the commission of the offense under (b)(i) of this subsection, been convicted as an offender on at least one occasion, whether in this state or elsewhere, of an offense listed in (b)(i) of this subsection. A conviction for rape of a child in the first degree constitutes a conviction under subsection (27)(b)(i) only when the offender was sixteen years of age or older when the offender committed the offense. A conviction for rape of a child in the second degree constitutes a conviction under subsection (27)(b)(i) only when the offender was eighteen years of age or older when the offender committed the offense.

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

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

(30) "Serious traffic offense" means:

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

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

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

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

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

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

(33) "Sex offense" means:

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

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

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

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

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

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

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

(38) "Violent offense" means:

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

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

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

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

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

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

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

Sec. 6. RCW 9.94A.040 and 1997 c 365 s 2 and 1997 c 338 s 3 are each reenacted and amended to read as follows:

(1) A sentencing guidelines commission is established as an agency of state government.

(2) The legislature finds that the commission, having accomplished its original statutory directive to implement this chapter, and having expertise in sentencing practice and policies, shall:

(a) Evaluate state sentencing policy, to include whether the sentencing ranges and standards are consistent with and further:

(i) The purposes of this chapter as defined in RCW 9.94A.010; and

(ii) The intent of the legislature to emphasize confinement for the violent offender and alternatives to confinement for the nonviolent offender.

The commission shall provide the governor and the legislature with its evaluation and recommendations under this subsection not later than December 1, 1996, and every two years thereafter;

(b) Recommend to the legislature revisions or modifications to the standard sentence ranges, state sentencing policy, prosecuting standards, and other standards. If implementation of the revisions or modifications would result in exceeding the capacity of correctional facilities, then the commission shall accompany its recommendation with an additional list of standard sentence ranges which are consistent with correction capacity;

(d)(i) Serve as a clearinghouse and information center for the collection, preparation, analysis, and dissemination of information on state and local adult and juvenile sentencing practices; (ii) develop and maintain a computerized adult and juvenile sentencing information system by individual superior court judge consisting of offender, offense, history, and sentence information entered from judgment and sentence forms for all adult felons; and (iii) conduct ongoing research regarding adult and juvenile sentencing guidelines, use of total confinement and alternatives to total confinement, plea bargaining, and other matters relating to the improvement of the adult criminal justice system and the juvenile justice system;

(e) Assume the powers and duties of the juvenile disposition standards commission after June 30, 1996;

(f) Evaluate the effectiveness of existing disposition standards and related statutes in implementing policies set forth in RCW 13.40.010 generally, specifically review the guidelines relating to the confinement of minor and first offenders as well as the use of diversion, and review the application of current and proposed juvenile sentencing standards and guidelines for potential adverse impacts on the sentencing outcomes of racial and ethnic minority youth;

(g) Solicit the comments and suggestions of the juvenile justice community concerning disposition standards, and make recommendations to the legislature regarding revisions or modifications of the standards. The evaluations shall be submitted to the legislature on December 1 of each odd-numbered year. The department of social and health services shall provide the commission with available data concerning the implementation of the disposition standards and related statutes and their effect on the performance of the department's responsibilities relating to juvenile offenders, and with recommendations for modification of the disposition standards. The office of the administrator for the courts shall provide the commission with available data on diversion and dispositions of juvenile offenders under chapter 13.40 RCW; and

(h) Not later than December 1, 1997, and at least every two years thereafter, based on available information, report to the governor and the legislature on:

(i) Racial disproportionality in juvenile and adult sentencing;

(ii) The capacity of state and local juvenile and adult facilities and resources; and

(iii) Recidivism information on adult and juvenile offenders.

(3) Each of the commission's recommended standard sentence ranges shall include one or more of the following: Total confinement, partial confinement, community supervision, community ((service)) restitution, and a fine.

(4) The standard sentence ranges of total and partial confinement under this chapter are subject to the following limitations:

(a) If the maximum term in the range is one year or less, the minimum term in the range shall be no less than one-third of the maximum term in the range, except that if the maximum term in the range is ninety days or less, the minimum term may be less than one-third of the maximum;

(b) If the maximum term in the range is greater than one year, the minimum term in the range shall be no less than seventy-five percent of the maximum term in the range, except that for murder in the second degree in seriousness category XIII under RCW 9.94A.310, the minimum term in the range shall be no less than fifty percent of the maximum term in the range; and

(c) The maximum term of confinement in a range may not exceed the statutory maximum for the crime as provided in RCW 9A.20.021.

(5) The commission shall exercise its duties under this section in conformity with chapter 34.05 RCW.

Sec. 7. RCW 9.94A.120 and 1998 c 260 s 3 are each amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(v) Perform community ((service)) restitution work;

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

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

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

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

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

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

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

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

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

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

(D) Anticipated length of treatment; and

(E) Recommended crime-related prohibitions.

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

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

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

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

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

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

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

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

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

(C) Sex offenders sentenced under this special sex offender sentencing alternative are not eligible to accrue any earned early release time while serving a suspended sentence.

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

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

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

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

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

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

(ix) For purposes of this subsection (8), "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a result of the crime charged. "Victim" also means a parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.

(x) If the defendant was less than eighteen years of age when the charge was filed, the state shall pay for the cost of initial evaluation and treatment.

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

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

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

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

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

(iv) Undergo available outpatient treatment.

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

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

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

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

(b) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense committed on or after July 1, 1990, but before June 6, 1996, a serious violent offense, vehicular homicide, or vehicular assault, committed on or after July 1, 1990, the court shall in addition to other terms of the sentence, sentence the offender to community placement for two years or up to the period of earned early release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community placement shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of the community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence. Unless a condition is waived by the court, the terms of community placement for offenders sentenced pursuant to this section shall include the following conditions:

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

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

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

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

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

(vi) The offender shall submit to affirmative acts necessary to monitor compliance with the orders of the court as required by the department.

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

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

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

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

(iv) The offender shall not consume alcohol;

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

(vi) For an offender convicted of a felony sex offense against a minor victim after June 6, 1996, the offender shall comply with any terms and conditions of community placement imposed by the department of corrections relating to contact between the sex offender and a minor victim or a child of similar age or circumstance as a previous victim.

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

(10)(a) When a court sentences a person to the custody of the department of corrections for an offense categorized as a sex offense committed on or after June 6, 1996, the court shall, in addition to other terms of the sentence, sentence the offender to community custody for three years or up to the period of earned early release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community custody shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2).

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

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

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

(12) If a sentence imposed includes payment of a legal financial obligation, the sentence shall specify the total amount of the legal financial obligation owed, and shall require the offender to pay a specified monthly sum toward that legal financial obligation. Restitution to victims shall be paid prior to any other payments of monetary obligations. Any legal financial obligation that is imposed by the court may be collected by the department, which shall deliver the amount paid to the county clerk for credit. The offender's compliance with payment of legal financial obligations shall be supervised by the department for ten years following the entry of the judgment and sentence or ten years following the offender's release from total confinement. All monetary payments ordered shall be paid no later than ten years after the last date of release from confinement pursuant to a felony conviction or the date the sentence was entered unless the superior court extends the criminal judgment an additional ten years. If the legal financial obligations including crime victims' assessments are not paid during the initial ten-year period, the superior court may extend jurisdiction under the criminal judgment an additional ten years as provided in RCW 9.94A.140, 9.94A.142, and 9.94A.145. If jurisdiction under the criminal judgment is extended, the department is not responsible for supervision of the offender during the subsequent period. Independent of the department, the party or entity to whom the legal financial obligation is owed shall have the authority to utilize any other remedies available to the party or entity to collect the legal financial obligation. Nothing in this section makes the department, the state, or any of its employees, agents, or other persons acting on their behalf liable under any circumstances for the payment of these legal financial obligations. If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order.

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

(14) All offenders sentenced to terms involving community supervision, community ((service)) restitution, community placement, or legal financial obligation shall be under the supervision of the department of corrections and shall follow explicitly the instructions and conditions of the department of corrections. The department may require an offender to perform affirmative acts it deems appropriate to monitor compliance with the conditions of the sentence imposed.

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

(b) For offenders sentenced to terms involving community custody for crimes committed on or after June 6, 1996, the department may include, in addition to the instructions in (a) of this subsection, any appropriate conditions of supervision, including but not limited to, prohibiting the offender from having contact with any other specified individuals or specific class of individuals. The conditions authorized under this subsection (14)(b) may be imposed by the department prior to or during an offender's community custody term. If a violation of conditions imposed by the court or the department pursuant to subsection (10) of this section occurs during community custody, it shall be deemed a violation of community placement for the purposes of RCW 9.94A.207 and shall authorize the department to transfer an offender to a more restrictive confinement status as provided in RCW 9.94A.205. At any time prior to the completion of a sex offender's term of community custody, the department may recommend to the court that any or all of the conditions imposed by the court or the department pursuant to subsection (10) of this section be continued beyond the expiration of the offender's term of community custody as authorized in subsection (10)(c) of this section.

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

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

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

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

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

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

(20) The court may order an offender whose sentence includes community placement or community supervision to undergo a mental status evaluation and to participate in available outpatient mental health treatment, if the court finds that reasonable grounds exist to believe that the offender is a mentally ill person as defined in RCW 71.24.025, and that this condition is likely to have influenced the offense. An order requiring mental status evaluation or treatment must be based on a presentence report and, if applicable, mental status evaluations that have been filed with the court to determine the offender's competency or eligibility for a defense of insanity. The court may order additional evaluations at a later date if deemed appropriate.

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

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

Sec. 8. RCW 9.94A.200 and 1998 c 260 s 4 are each amended to read as follows:

(1) If an offender violates any condition or requirement of a sentence, the court may modify its order of judgment and sentence and impose further punishment in accordance with this section.

(2) In cases where conditions from a second or later sentence of community supervision begin prior to the term of the second or later sentence, the court shall treat a violation of such conditions as a violation of the sentence of community supervision currently being served.

(3) If an offender fails to comply with any of the requirements or conditions of a sentence the following provisions apply:

(a)(i) Following the violation, if the offender and the department make a stipulated agreement, the department may impose sanctions such as work release, home detention with electronic monitoring, work crew, community ((service)) restitution, inpatient treatment, daily reporting, curfew, educational or counseling sessions, supervision enhanced through electronic monitoring, jail time, or other sanctions available in the community.

(ii) Within seventy-two hours of signing the stipulated agreement, the department shall submit a report to the court and the prosecuting attorney outlining the violation or violations, and sanctions imposed. Within fifteen days of receipt of the report, if the court is not satisfied with the sanctions, the court may schedule a hearing and may modify the department's sanctions. If this occurs, the offender may withdraw from the stipulated agreement.

(iii) If the offender fails to comply with the sanction administratively imposed by the department, the court may take action regarding the original noncompliance. Offender failure to comply with the sanction administratively imposed by the department may be considered an additional violation.

(b) In the absence of a stipulated agreement, or where the court is not satisfied with the department's sanctions as provided in (a) of this subsection, the court, upon the motion of the state, or upon its own motion, shall require the offender to show cause why the offender should not be punished for the noncompliance. The court may issue a summons or a warrant of arrest for the offender's appearance;

(c) The state has the burden of showing noncompliance by a preponderance of the evidence. If the court finds that the violation has occurred, it may order the offender to be confined for a period not to exceed sixty days for each violation, and may (i) convert a term of partial confinement to total confinement, (ii) convert community ((service)) restitution obligation to total or partial confinement, (iii) convert monetary obligations, except restitution and the crime victim penalty assessment, to community ((service)) restitution hours at the rate of the state minimum wage as established in RCW 49.46.020 for each hour of community ((service)) restitution, or (iv) order one or more of the penalties authorized in (a)(i) of this subsection. Any time served in confinement awaiting a hearing on noncompliance shall be credited against any confinement order by the court;

(d) If the court finds that the violation was not willful, the court may modify its previous order regarding payment of legal financial obligations and regarding community ((service)) restitution obligations; and

(e) If the violation involves a failure to undergo or comply with mental status evaluation and/or outpatient mental health treatment, the community corrections officer shall consult with the treatment provider or proposed treatment provider. Enforcement of orders concerning outpatient mental health treatment must reflect the availability of treatment and must pursue the least restrictive means of promoting participation in treatment. If the offender's failure to receive care essential for health and safety presents a risk of serious physical harm or probable harmful consequences, the civil detention and commitment procedures of chapter 71.05 RCW shall be considered in preference to incarceration in a local or state correctional facility.

(4) The community corrections officer may obtain information from the offender's mental health treatment provider on the offender's status with respect to evaluation, application for services, registration for services, and compliance with the supervision plan, without the offender's consent, as described under RCW 71.05.630.

(5) An offender under community placement or community supervision who is civilly detained under chapter 71.05 RCW, and subsequently discharged or conditionally released to the community, shall be under the supervision of the department of corrections for the duration of his or her period of community placement or community supervision. During any period of inpatient mental health treatment that falls within the period of community placement or community supervision, the inpatient treatment provider and the supervising community corrections officer shall notify each other about the offender's discharge, release, and legal status, and shall share other relevant information.

(6) Nothing in this section prohibits the filing of escape charges if appropriate.

Sec. 9. RCW 9.94A.380 and 1988 c 157 s 4 and 1988 c 155 s 3 are each reenacted and amended to read as follows:

Alternatives to total confinement are available for offenders with sentences of one year or less. These alternatives include the following sentence conditions that the court may order as substitutes for total confinement: (1) One day of partial confinement may be substituted for one day of total confinement; (2) in addition, for offenders convicted of nonviolent offenses only, eight hours of community ((service)) restitution may be substituted for one day of total confinement, with a maximum conversion limit of two hundred forty hours or thirty days. Community ((service)) restitution hours must be completed within the period of community supervision or a time period specified by the court, which shall not exceed twenty-four months, pursuant to a schedule determined by the department.

For sentences of nonviolent offenders for one year or less, the court shall consider and give priority to available alternatives to total confinement and shall state its reasons in writing on the judgment and sentence form if the alternatives are not used.

Sec. 10. RCW 9.94A.400 and 1998 c 235 s 2 are each amended to read as follows:

(1)(a) Except as provided in (b) or (c) of this subsection, whenever a person is to be sentenced for two or more current offenses, the sentence range for each current offense shall be determined by using all other current and prior convictions as if they were prior convictions for the purpose of the offender score: PROVIDED, That if the court enters a finding that some or all of the current offenses encompass the same criminal conduct then those current offenses shall be counted as one crime. Sentences imposed under this subsection shall be served concurrently. Consecutive sentences may only be imposed under the exceptional sentence provisions of RCW 9.94A.120 and 9.94A.390(2)(g) or any other provision of RCW 9.94A.390. "Same criminal conduct," as used in this subsection, means two or more crimes that require the same criminal intent, are committed at the same time and place, and involve the same victim. This definition applies in cases involving vehicular assault or vehicular homicide even if the victims occupied the same vehicle.

(b) Whenever a person is convicted of two or more serious violent offenses, as defined in RCW 9.94A.030, arising from separate and distinct criminal conduct, the sentence range for the offense with the highest seriousness level under RCW 9.94A.320 shall be determined using the offender's prior convictions and other current convictions that are not serious violent offenses in the offender score and the sentence range for other serious violent offenses shall be determined by using an offender score of zero. The sentence range for any offenses that are not serious violent offenses shall be determined according to (a) of this subsection. All sentences imposed under (b) of this subsection shall be served consecutively to each other and concurrently with sentences imposed under (a) of this subsection.

(c) If an offender is convicted under RCW 9.41.040 for unlawful possession of a firearm in the first or second degree and for the felony crimes of theft of a firearm or possession of a stolen firearm, or both, then the offender shall serve consecutive sentences for each conviction of the felony crimes listed in this subsection, and for each firearm unlawfully possessed.

(2)(a) Except as provided in (b) of this subsection, whenever a person while under sentence of felony commits another felony and is sentenced to another term of confinement, the latter term shall not begin until expiration of all prior terms.

(b) Whenever a second or later felony conviction results in community supervision with conditions not currently in effect, under the prior sentence or sentences of community supervision the court may require that the conditions of community supervision contained in the second or later sentence begin during the immediate term of community supervision and continue throughout the duration of the consecutive term of community supervision.

(3) Subject to subsections (1) and (2) of this section, whenever a person is sentenced for a felony that was committed while the person was not under sentence of a felony, the sentence shall run concurrently with any felony sentence which has been imposed by any court in this or another state or by a federal court subsequent to the commission of the crime being sentenced unless the court pronouncing the current sentence expressly orders that they be served consecutively.

(4) Whenever any person granted probation under RCW 9.95.210 or 9.92.060, or both, has the probationary sentence revoked and a prison sentence imposed, that sentence shall run consecutively to any sentence imposed pursuant to this chapter, unless the court pronouncing the subsequent sentence expressly orders that they be served concurrently.

(5) However, in the case of consecutive sentences, all periods of total confinement shall be served before any partial confinement, community ((service)) restitution, community supervision, or any other requirement or conditions of any of the sentences. Except for exceptional sentences as authorized under RCW 9.94A.120(2), if two or more sentences that run consecutively include periods of community supervision, the aggregate of the community supervision period shall not exceed twenty-four months.

Sec. 11. RCW 9.95.340 and 1986 c 125 s 3 are each amended to read as follows:

Any funds in the hands of the department of corrections, or which may come into its hands, which belong to discharged prisoners, inmates assigned to work/training release facilities, parolees or persons convicted of a felony and granted probation who absconded, or whose whereabouts are unknown, shall be deposited in the community ((services)) restitution revolving fund. Said funds shall be used to defray the expenses of clothing and other necessities and for transporting discharged prisoners, inmates assigned to work/training release facilities, parolees and persons convicted of a felony and granted probation who are without means to secure the same. All payments disbursed from these funds shall be repaid, whenever possible, by discharged prisoners, inmates assigned to work/training release facilities, parolees and persons convicted of a felony and granted probation for whose benefit they are made. Whenever any money belonging to such persons is so paid into the revolving fund, it shall be repaid to them in accordance with law if a claim therefor is filed with the department of corrections within five years of deposit into said fund and upon a clear showing of a legal right of such claimant to such money.

Sec. 12. RCW 9.95.360 and 1986 c 125 s 5 are each amended to read as follows:

The department of corrections shall create, maintain, and administer outside the state treasury a permanent revolving fund to be known as the "community ((services)) restitution revolving fund" into which shall be deposited all moneys received by it under RCW 9.95.310 through 9.95.370 and any appropriation made for the purposes of RCW 9.95.310 through 9.95.370. All expenditures from this revolving fund shall be made by check or voucher signed by the secretary of corrections or his or her designee. The community ((services)) restitution revolving fund shall be deposited by the department of corrections in such banks or financial institutions as it may select which shall give to the department a surety bond executed by a surety company authorized to do business in this state, or collateral eligible as security for deposit of state funds in at least the full amount of deposit.

Sec. 13. RCW 10.98.040 and 1985 c 201 s 1 are each amended to read as follows:

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

(1) "Arrest and fingerprint form" means the reporting form prescribed by the identification, child abuse, vulnerable adult abuse, and criminal history section to initiate compiling arrest and identification information.

(2) "Chief law enforcement officer" includes the sheriff or director of public safety of a county, the chief of police of a city or town, and chief officers of other law enforcement agencies operating within the state.

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

(4) "Disposition" means the conclusion of a criminal proceeding at any stage it occurs in the criminal justice system. Disposition includes but is not limited to temporary or permanent outcomes such as charges dropped by police, charges not filed by the prosecuting attorney, deferred prosecution, defendant absconded, charges filed by the prosecuting attorney pending court findings such as not guilty, dismissed, guilty, or guilty--case appealed to higher court.

(5) "Disposition report" means the reporting form prescribed by the identification, child abuse, vulnerable adult abuse, and criminal history section to report the legal procedures taken after completing an arrest and fingerprint form. The disposition report shall include but not be limited to the following types of information:

(a) The type of disposition;

(b) The statutory citation for the arrests;

(d) The state identification number; and

(e) Identification information and other information that is prescribed by the identification, child abuse, vulnerable adult abuse, and criminal history section.

(6) "Fingerprints" means the fingerprints taken from arrested or charged persons under the procedures prescribed by the Washington state patrol identification, child abuse, vulnerable adult abuse, and criminal history section.

(7) "Prosecuting attorney" means the public or private attorney prosecuting a criminal case.

(8) "Section" refers to the Washington state patrol section on identification, child abuse, vulnerable adult abuse, and criminal history.

(9) "Sentence structure" means itemizing the components of the felony sentence. The sentence structure shall include but not be limited to the total or partial confinement sentenced, and whether the sentence is prison or jail, community supervision, fines, restitution, or community ((service)) restitution.

Sec. 14. RCW 13.40.020 and 1997 c 338 s 10 are each amended to read as follows:

For the purposes of this chapter:

(1) "Community-based rehabilitation" means one or more of the following: Employment; attendance of information classes; literacy classes; counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, education or outpatient treatment programs to prevent animal cruelty, or other services; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district. Placement in community-based rehabilitation programs is subject to available funds;

(2) Community-based sanctions may include one or more of the following:

(a) A fine, not to exceed five hundred dollars;

(b) Community ((service)) restitution not to exceed one hundred fifty hours of ((service)) community restitution;

(3) "Community ((service)) restitution" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community ((service)) restitution may be performed through public or private organizations or through work crews;

(4) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department or an order granting a deferred disposition. A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses. As a mandatory condition of any term of community supervision, the court shall order the juvenile to refrain from committing new offenses. As a mandatory condition of community supervision, the court shall order the juvenile to comply with the mandatory school attendance provisions of chapter 28A.225 RCW and to inform the school of the existence of this requirement. Community supervision is an individualized program comprised of one or more of the following:

(a) Community-based sanctions;

(b) Community-based rehabilitation;

(d) Posting of a probation bond;

(5) "Confinement" means physical custody by the department of social and health services in a facility operated by or pursuant to a contract with the state, or physical custody in a detention facility operated by or pursuant to a contract with any county. The county may operate or contract with vendors to operate county detention facilities. The department may operate or contract to operate detention facilities for juveniles committed to the department. Pretrial confinement or confinement of less than thirty-one days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court;

(6) "Court," when used without further qualification, means the juvenile court judge(s) or commissioner(s);

(7) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense:

(a) The allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter; or

(b) The criminal complaint was diverted by a prosecutor pursuant to the provisions of this chapter on agreement of the respondent and after an advisement to the respondent that the criminal complaint would be considered as part of the respondent's criminal history. A successfully completed deferred adjudication that was entered before July 1, 1998, or a deferred disposition shall not be considered part of the respondent's criminal history;

(8) "Department" means the department of social and health services;

(9) "Detention facility" means a county facility, paid for by the county, for the physical confinement of a juvenile alleged to have committed an offense or an adjudicated offender subject to a disposition or modification order. "Detention facility" includes county group homes, inpatient substance abuse programs, juvenile basic training camps, and electronic monitoring;

(10) "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender, or any other person, community accountability board, or other entity except a law enforcement official or entity, with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to RCW 13.40.080, or any person, community accountability board, or other entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter. For purposes of this subsection, "community accountability board" means a board comprised of members of the local community in which the juvenile offender resides. The superior court shall appoint the members. The boards shall consist of at least three and not more than seven members. If possible, the board should include a variety of representatives from the community, such as a law enforcement officer, teacher or school administrator, high school student, parent, and business owner, and should represent the cultural diversity of the local community;

(11) "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care;

(12) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;

(13) "Intensive supervision program" means a parole program that requires intensive supervision and monitoring, offers an array of individualized treatment and transitional services, and emphasizes community involvement and support in order to reduce the likelihood a juvenile offender will commit further offenses;

(14) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years and who has not been previously transferred to adult court pursuant to RCW 13.40.110 or who is otherwise under adult court jurisdiction;

(15) "Juvenile offender" means any juvenile who has been found by the juvenile court to have committed an offense, including a person eighteen years of age or older over whom jurisdiction has been extended under RCW 13.40.300;

(16) "Local sanctions" means one or more of the following: (a) 0-30 days of confinement; (b) 0-12 months of community supervision; (c) 0-150 hours of community ((service)) restitution; or (d) $0-$500 fine;

(17) "Manifest injustice" means a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of this chapter;

(18) "Monitoring and reporting requirements" means one or more of the following: Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the probation officer as directed and to remain under the probation officer's supervision; and other conditions or limitations as the court may require which may not include confinement;

(19) "Offense" means an act designated a violation or a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state;

(20) "Probation bond" means a bond, posted with sufficient security by a surety justified and approved by the court, to secure the offender's appearance at required court proceedings and compliance with court-ordered community supervision or conditions of release ordered pursuant to RCW 13.40.040 or 13.40.050. It also means a deposit of cash or posting of other collateral in lieu of a bond if approved by the court;

(21) "Respondent" means a juvenile who is alleged or proven to have committed an offense;

(22) "Restitution" means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, lost wages resulting from physical injury, and costs of the victim's counseling reasonably related to the offense if the offense is a sex offense. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender;

(23) "Secretary" means the secretary of the department of social and health services. "Assistant secretary" means the assistant secretary for juvenile rehabilitation for the department;

(24) "Services" means services which provide alternatives to incarceration for those juveniles who have pleaded or been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter;

(25) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;

(26) "Sexual motivation" means that one of the purposes for which the respondent committed the offense was for the purpose of his or her sexual gratification;

(27) "Surety" means an entity licensed under state insurance laws or by the state department of licensing, to write corporate, property, or probation bonds within the state, and justified and approved by the superior court of the county having jurisdiction of the case;

(28) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration;

(29) "Violent offense" means a violent offense as defined in RCW 9.94A.030.

Sec. 15. RCW 13.40.0357 and 1998 c 290 s 5 are each amended to read as follows:

DESCRIPTION AND OFFENSE CATEGORY

juvenile juvenile disposition

disposition category for attempt,

offense bailjump, conspiracy,

category description (rcw citation) or solicitation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Arson and Malicious Mischief

A Arson 1 (9A.48.020) B+

B Arson 2 (9A.48.030) C

C Reckless Burning 1 (9A.48.040) D

D Reckless Burning 2 (9A.48.050) E

B Malicious Mischief 1 (9A.48.070) C

C Malicious Mischief 2 (9A.48.080) D

D Malicious Mischief 3 (<$50 is

E class) (9A.48.090) E

E Tampering with Fire Alarm

Apparatus (9.40.100) E

A Possession of Incendiary Device

(9.40.120) B+

Assault and Other Crimes

Involving Physical Harm

A Assault 1 (9A.36.011) B+

B+ Assault 2 (9A.36.021) C+

C+ Assault 3 (9A.36.031) D+

D+ Assault 4 (9A.36.041) E

B+ Drive-By Shooting

(9A.36.045) C+

D+ Reckless Endangerment

(9A.36.050) E

C+ Promoting Suicide Attempt

(9A.36.060) D+

D+ Coercion (9A.36.070) E

C+ Custodial Assault (9A.36.100) D+

Burglary and Trespass

B+ Burglary 1 (9A.52.020) C+

B Residential Burglary

(9A.52.025) C

B Burglary 2 (9A.52.030) C

D Burglary Tools (Possession of)

(9A.52.060) E

D Criminal Trespass 1 (9A.52.070) E

E Criminal Trespass 2 (9A.52.080) E

C Vehicle Prowling 1 (9A.52.095) D

D Vehicle Prowling 2 (9A.52.100) E

Drugs

E Possession/Consumption of Alcohol

(66.44.270) E

C Illegally Obtaining Legend Drug

(69.41.020) D

C+ Sale, Delivery, Possession of Legend

Drug with Intent to Sell

(69.41.030) D+

E Possession of Legend Drug

(69.41.030) E

B+ Violation of Uniform Controlled

Substances Act - Narcotic,

Methamphetamine, or Flunitrazepam

Sale (69.50.401(a)(1) (i) or (ii)) B+

C Violation of Uniform Controlled

Substances Act - Nonnarcotic Sale

(69.50.401(a)(1)(iii)) C

E Possession of Marihuana <40 grams

(69.50.401(e)) E

C Fraudulently Obtaining Controlled

Substance (69.50.403) C

C+ Sale of Controlled Substance

for Profit (69.50.410) C+

E Unlawful Inhalation (9.47A.020) E

B Violation of Uniform Controlled

Substances Act - Narcotic,

Methamphetamine, or Flunitrazepam

Counterfeit Substances

(69.50.401(b)(1) (i) or (ii)) B

C Violation of Uniform Controlled

Substances Act - Nonnarcotic

Counterfeit Substances

(69.50.401(b)(1) (iii), (iv), (v)) C

C Violation of Uniform Controlled

Substances Act - Possession of a

Controlled Substance

(69.50.401(d)) C

C Violation of Uniform Controlled

Substances Act - Possession of a

Controlled Substance

(69.50.401(c)) C

Firearms and Weapons

B Theft of Firearm (9A.56.300) C

B Possession of Stolen Firearm

(9A.56.310) C

E Carrying Loaded Pistol Without

Permit (9.41.050) E

C Possession of Firearms by Minor (<18)

(9.41.040(1)(b)(iii)) C

D+ Possession of Dangerous Weapon

(9.41.250) E

D Intimidating Another Person by use

of Weapon (9.41.270) E

Homicide

A+ Murder 1 (9A.32.030) A

A+ Murder 2 (9A.32.050) B+

B+ Manslaughter 1 (9A.32.060) C+

C+ Manslaughter 2 (9A.32.070) D+

B+ Vehicular Homicide (46.61.520) C+

Kidnapping

A Kidnap 1 (9A.40.020) B+

B+ Kidnap 2 (9A.40.030) C+

C+ Unlawful Imprisonment

(9A.40.040) D+

Obstructing Governmental Operation

D Obstructing a Law Enforcement

Officer (9A.76.020) E

E Resisting Arrest (9A.76.040) E

B Introducing Contraband 1

(9A.76.140) C

C Introducing Contraband 2

(9A.76.150) D

E Introducing Contraband 3

(9A.76.160) E

B+ Intimidating a Public Servant

(9A.76.180) C+

B+ Intimidating a Witness

(9A.72.110) C+

Public Disturbance

C+ Riot with Weapon (9A.84.010) D+

D+ Riot Without Weapon

(9A.84.010) E

E Failure to Disperse (9A.84.020) E

E Disorderly Conduct (9A.84.030) E

Sex Crimes

A Rape 1 (9A.44.040) B+

A- Rape 2 (9A.44.050) B+

C+ Rape 3 (9A.44.060) D+

A- Rape of a Child 1 (9A.44.073) B+

B+ Rape of a Child 2 (9A.44.076) C+

B Incest 1 (9A.64.020(1)) C

C Incest 2 (9A.64.020(2)) D

D+ Indecent Exposure

(Victim <14) (9A.88.010) E

E Indecent Exposure

(Victim 14 or over) (9A.88.010) E

B+ Promoting Prostitution 1

(9A.88.070) C+

C+ Promoting Prostitution 2

(9A.88.080) D+

E O & A (Prostitution) (9A.88.030) E

B+ Indecent Liberties (9A.44.100) C+

A- Child Molestation 1 (9A.44.083) B+

B Child Molestation 2 (9A.44.086) C+

Theft, Robbery, Extortion, and Forgery

B Theft 1 (9A.56.030) C

C Theft 2 (9A.56.040) D

D Theft 3 (9A.56.050) E

B Theft of Livestock (9A.56.080) C

C Forgery (9A.60.020) D

A Robbery 1 (9A.56.200) B+

B+ Robbery 2 (9A.56.210) C+

B+ Extortion 1 (9A.56.120) C+

C+ Extortion 2 (9A.56.130) D+

B Possession of Stolen Property 1

(9A.56.150) C

C Possession of Stolen Property 2

(9A.56.160) D

D Possession of Stolen Property 3

(9A.56.170) E

C Taking Motor Vehicle Without

Owner's Permission (9A.56.070) D

Motor Vehicle Related Crimes

E Driving Without a License

(46.20.005) E

C Hit and Run - Injury

(46.52.020(4)) D

D Hit and Run-Attended

(46.52.020(5)) E

E Hit and Run-Unattended

(46.52.010) E

C Vehicular Assault (46.61.522) D

C Attempting to Elude Pursuing

Police Vehicle (46.61.024) D

E Reckless Driving (46.61.500) E

D Driving While Under the Influence

(46.61.502 and 46.61.504) E

Other

B Bomb Threat (9.61.160) C

C Escape 1¹ (9A.76.110) C

C Escape 2¹ (9A.76.120) C

D Escape 3 (9A.76.130) E

E Obscene, Harassing, Etc.,

Phone Calls (9.61.230) E

A Other Offense Equivalent to an

Adult Class A Felony B+

B Other Offense Equivalent to an

Adult Class B Felony C

C Other Offense Equivalent to an

Adult Class C Felony D

D Other Offense Equivalent to an

Adult Gross Misdemeanor E

E Other Offense Equivalent to an

Adult Misdemeanor E

V Violation of Order of Restitution,

Community Supervision, or

Confinement (13.40.200)² V

¹Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:

1st escape or attempted escape during 12-month period - 4 weeks confinement

2nd escape or attempted escape during 12-month period - 8 weeks confinement

3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement

²If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.

JUVENILE SENTENCING STANDARDS

This schedule must be used for juvenile offenders. The court may select sentencing option A, B, or C.

OPTION A

JUVENILE OFFENDER SENTENCING GRID

STANDARD RANGE

A+ 180 WEEKS TO AGE 21 YEARS

A 103 WEEKS TO 129 WEEKS

A- 15-36 |52-65 |80-100 |103-129

WEEKS |WEEKS |WEEKS |WEEKS

EXCEPT |||

30-40 |||

WEEKS FOR |||

15-17 |||

YEAR OLDS |||

Current B+ 15-36 |52-65 |80-100 |103-129

Offense WEEKS |WEEKS |WEEKS |WEEKS

Category

B LOCAL | |52-65

SANCTIONS (LS) |15-36 WEEKS |WEEKS

C+ LS |

|15-36 WEEKS

C LS |15-36 WEEKS

Local Sanctions: |

0 to 30 Days

D+ LS 0 to 12 Months Community Supervision

0 to 150 Hours Community ((Service)) Restitution

D LS $0 to $500 Fine

E LS

0 1 2 3 4 or more

PRIOR ADJUDICATIONS

NOTE: References in the grid to days or weeks mean periods of confinement.

(1) The vertical axis of the grid is the current offense category. The current offense category is determined by the offense of adjudication.

(2) The horizontal axis of the grid is the number of prior adjudications included in the juvenile's criminal history. Each prior felony adjudication shall count as one point. Each prior violation, misdemeanor, and gross misdemeanor adjudication shall count as 1/4 point. Fractional points shall be rounded down.

(3) The standard range disposition for each offense is determined by the intersection of the column defined by the prior adjudications and the row defined by the current offense category.

(4) RCW 13.40.180 applies if the offender is being sentenced for more than one offense.

(5) A current offense that is a violation is equivalent to an offense category of E. However, a disposition for a violation shall not include confinement.

OPTION B

CHEMICAL DEPENDENCY DISPOSITION ALTERNATIVE

If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court may impose a disposition under RCW 13.40.160(5) and 13.40.165.

OPTION C

MANIFEST INJUSTICE

If the court determines that a disposition under option A or B would effectuate a manifest injustice, the court shall impose a disposition outside the standard range under RCW 13.40.160(2).

Sec. 1. RCW 13.40.080 and 1997 c 338 s 70 are each amended to read as follows:

(1) A diversion agreement shall be a contract between a juvenile accused of an offense and a diversionary unit whereby the juvenile agrees to fulfill certain conditions in lieu of prosecution. Such agreements may be entered into only after the prosecutor, or probation counselor pursuant to this chapter, has determined that probable cause exists to believe that a crime has been committed and that the juvenile committed it. Such agreements shall be entered into as expeditiously as possible.

(2) A diversion agreement shall be limited to one or more of the following:

(a) Community ((service)) restitution not to exceed one hundred fifty hours, not to be performed during school hours if the juvenile is attending school;

(b) Restitution limited to the amount of actual loss incurred by the victim;

(c) Attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions at a community agency. The educational or informational sessions may include sessions relating to respect for self, others, and authority; victim awareness; accountability; self-worth; responsibility; work ethics; good citizenship; literacy; and life skills. For purposes of this section, "community agency" may also mean a community-based nonprofit organization, if approved by the diversion unit. The state shall not be liable for costs resulting from the diversionary unit exercising the option to permit diversion agreements to mandate attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions;

(d) A fine, not to exceed one hundred dollars. In determining the amount of the fine, the diversion unit shall consider only the juvenile's financial resources and whether the juvenile has the means to pay the fine. The diversion unit shall not consider the financial resources of the juvenile's parents, guardian, or custodian in determining the fine to be imposed; and

(e) Requirements to remain during specified hours at home, school, or work, and restrictions on leaving or entering specified geographical areas.

(3) In assessing periods of community ((service)) restitution to be performed and restitution to be paid by a juvenile who has entered into a diversion agreement, the court officer to whom this task is assigned shall consult with the juvenile's custodial parent or parents or guardian and victims who have contacted the diversionary unit and, to the extent possible, involve members of the community. Such members of the community shall meet with the juvenile and advise the court officer as to the terms of the diversion agreement and shall supervise the juvenile in carrying out its terms.

(4)(a) A diversion agreement may not exceed a period of six months and may include a period extending beyond the eighteenth birthday of the divertee.

(b) If additional time is necessary for the juvenile to complete restitution to the victim, the time period limitations of this subsection may be extended by an additional six months.

(c) If the juvenile has not paid the full amount of restitution by the end of the additional six-month period, then the juvenile shall be referred to the juvenile court for entry of an order establishing the amount of restitution still owed to the victim. In this order, the court shall also determine the terms and conditions of the restitution, including a payment plan extending up to ten years if the court determines that the juvenile does not have the means to make full restitution over a shorter period. For the purposes of this subsection (4)(c), the juvenile shall remain under the court's jurisdiction for a maximum term of ten years after the juvenile's eighteenth birthday. Prior to the expiration of the initial ten-year period, the juvenile court may extend the judgment for restitution an additional ten years. The court may not require the juvenile to pay full or partial restitution if the juvenile reasonably satisfies the court that he or she does not have the means to make full or partial restitution and could not reasonably acquire the means to pay the restitution over a ten-year period. The county clerk shall make disbursements to victims named in the order. The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments. A juvenile under obligation to pay restitution may petition the court for modification of the restitution order.

(5) The juvenile shall retain the right to be referred to the court at any time prior to the signing of the diversion agreement.

(6) Divertees and potential divertees shall be afforded due process in all contacts with a diversionary unit regardless of whether the juveniles are accepted for diversion or whether the diversion program is successfully completed. Such due process shall include, but not be limited to, the following:

(a) A written diversion agreement shall be executed stating all conditions in clearly understandable language;

(b) Violation of the terms of the agreement shall be the only grounds for termination;

(c) No divertee may be terminated from a diversion program without being given a court hearing, which hearing shall be preceded by:

(i) Written notice of alleged violations of the conditions of the diversion program; and

(ii) Disclosure of all evidence to be offered against the divertee;

(d) The hearing shall be conducted by the juvenile court and shall include:

(i) Opportunity to be heard in person and to present evidence;

(ii) The right to confront and cross-examine all adverse witnesses;

(iii) A written statement by the court as to the evidence relied on and the reasons for termination, should that be the decision; and

(iv) Demonstration by evidence that the divertee has substantially violated the terms of his or her diversion agreement.

(e) The prosecutor may file an information on the offense for which the divertee was diverted:

(i) In juvenile court if the divertee is under eighteen years of age; or

(ii) In superior court or the appropriate court of limited jurisdiction if the divertee is eighteen years of age or older.

(7) The diversion unit shall, subject to available funds, be responsible for providing interpreters when juveniles need interpreters to effectively communicate during diversion unit hearings or negotiations.

(8) The diversion unit shall be responsible for advising a divertee of his or her rights as provided in this chapter.

(9) The diversion unit may refer a juvenile to community-based counseling or treatment programs.

(10) The right to counsel shall inure prior to the initial interview for purposes of advising the juvenile as to whether he or she desires to participate in the diversion process or to appear in the juvenile court. The juvenile may be represented by counsel at any critical stage of the diversion process, including intake interviews and termination hearings. The juvenile shall be fully advised at the intake of his or her right to an attorney and of the relevant services an attorney can provide. For the purpose of this section, intake interviews mean all interviews regarding the diversion agreement process.

The juvenile shall be advised that a diversion agreement shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(((9))) (7). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the diversionary unit together with the diversion agreement, and a copy of both documents shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language.

(11) When a juvenile enters into a diversion agreement, the juvenile court may receive only the following information for dispositional purposes:

(a) The fact that a charge or charges were made;

(b) The fact that a diversion agreement was entered into;

(d) Whether the alleged offender performed his or her obligations under such agreement; and

(e) The facts of the alleged offense.

(12) A diversionary unit may refuse to enter into a diversion agreement with a juvenile. When a diversionary unit refuses to enter a diversion agreement with a juvenile, it shall immediately refer such juvenile to the court for action and shall forward to the court the criminal complaint and a detailed statement of its reasons for refusing to enter into a diversion agreement. The diversionary unit shall also immediately refer the case to the prosecuting attorney for action if such juvenile violates the terms of the diversion agreement.

(13) A diversionary unit may, in instances where it determines that the act or omission of an act for which a juvenile has been referred to it involved no victim, or where it determines that the juvenile referred to it has no prior criminal history and is alleged to have committed an illegal act involving no threat of or instance of actual physical harm and involving not more than fifty dollars in property loss or damage and that there is no loss outstanding to the person or firm suffering such damage or loss, counsel and release or release such a juvenile without entering into a diversion agreement. A diversion unit's authority to counsel and release a juvenile under this subsection shall include the authority to refer the juvenile to community-based counseling or treatment programs. Any juvenile released under this subsection shall be advised that the act or omission of any act for which he or she had been referred shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(((9))) (7). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the unit, and a copy of the document shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language. A juvenile determined to be eligible by a diversionary unit for release as provided in this subsection shall retain the same right to counsel and right to have his or her case referred to the court for formal action as any other juvenile referred to the unit.

(14) A diversion unit may supervise the fulfillment of a diversion agreement entered into before the juvenile's eighteenth birthday and which includes a period extending beyond the divertee's eighteenth birthday.

(15) If a fine required by a diversion agreement cannot reasonably be paid due to a change of circumstance, the diversion agreement may be modified at the request of the divertee and with the concurrence of the diversion unit to convert an unpaid fine into community ((service)) restitution. The modification of the diversion agreement shall be in writing and signed by the divertee and the diversion unit. The number of hours of community ((service)) restitution in lieu of a monetary penalty shall be converted at the rate of the prevailing state minimum wage per hour.

(16) Fines imposed under this section shall be collected and paid into the county general fund in accordance with procedures established by the juvenile court administrator under RCW 13.04.040 and may be used only for juvenile services. In the expenditure of funds for juvenile services, there shall be a maintenance of effort whereby counties exhaust existing resources before using amounts collected under this section.

Sec. 2. RCW 13.40.160 and 1997 c 338 s 25 and 1997 c 265 s 1 are each reenacted and amended to read as follows:

(1) The standard range disposition for a juvenile adjudicated of an offense is determined according to RCW 13.40.0357.

(a) When the court sentences an offender to a local sanction as provided in RCW 13.40.0357 option A, the court shall impose a determinate disposition within the standard ranges, except as provided in subsections (2), (4), and (5) of this section. The disposition may be comprised of one or more local sanctions.

(b) When the court sentences an offender to a standard range as provided in RCW 13.40.0357 option A that includes a term of confinement exceeding thirty days, commitment shall be to the department for the standard range of confinement, except as provided in subsections (2), (4), and (5) of this section.

(2) If the court concludes, and enters reasons for its conclusion, that disposition within the standard range would effectuate a manifest injustice the court shall impose a disposition outside the standard range, as indicated in option C of RCW 13.40.0357. The court's finding of manifest injustice shall be supported by clear and convincing evidence.

A disposition outside the standard range shall be determinate and shall be comprised of confinement or community supervision, or a combination thereof. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range. A disposition outside the standard range is appealable under RCW 13.40.230 by the state or the respondent. A disposition within the standard range is not appealable under RCW 13.40.230.

(3) Where a respondent is found to have committed an offense for which the respondent declined to enter into a diversion agreement, the court shall impose a term of community supervision limited to the conditions allowed in a diversion agreement as provided in RCW 13.40.080(2).

(4) When a juvenile offender is found to have committed a sex offense, other than a sex offense that is also a serious violent offense as defined by RCW 9.94A.030, and has no history of a prior sex offense, the court, on its own motion or the motion of the state or the respondent, may order an examination to determine whether the respondent is amenable to treatment.

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

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

(a)(i) Frequency and type of contact between the offender and therapist;

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

(iii) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;

(iv) Anticipated length of treatment; and

(v) Recommended crime-related prohibitions.

After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this special sex offender disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section. If the court determines that this special sex offender disposition alternative is appropriate, then the court shall impose a determinate disposition within the standard range for the offense, or if the court concludes, and enters reasons for its conclusions, that such disposition would cause a manifest injustice, the court shall impose a disposition under option C, and the court may suspend the execution of the disposition and place the offender on community supervision for at least two years. As a condition of the suspended disposition, the court may impose the conditions of community supervision and other conditions, including up to thirty days of confinement and requirements that the offender do any one or more of the following:

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

(ii) Undergo available outpatient sex offender treatment for up to two years, or inpatient sex offender treatment not to exceed the standard range of confinement for that offense. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The respondent shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the probation counselor, and the court, and shall not change providers without court approval after a hearing if the prosecutor or probation counselor object to the change;

(iii) Remain within prescribed geographical boundaries and notify the court or the probation counselor prior to any change in the offender's address, educational program, or employment;

(iv) Report to the prosecutor and the probation counselor prior to any change in a sex offender treatment provider. This change shall have prior approval by the court;

(v) Report as directed to the court and a probation counselor;

(vi) Pay all court-ordered legal financial obligations, perform community ((service)) restitution, or any combination thereof;

(vii) Make restitution to the victim for the cost of any counseling reasonably related to the offense;

(viii) Comply with the conditions of any court-ordered probation bond; or

(ix) The court shall order that the offender may not attend the public or approved private elementary, middle, or high school attended by the victim or the victim's siblings. The parents or legal guardians of the offender are responsible for transportation or other costs associated with the offender's change of school that would otherwise be paid by the school district. The court shall send notice of the disposition and restriction on attending the same school as the victim or victim's siblings to the public or approved private school the juvenile will attend, if known, or if unknown, to the approved private schools and the public school district board of directors of the district in which the juvenile resides or intends to reside. This notice must be sent at the earliest possible date but not later than ten calendar days after entry of the disposition.

The sex offender treatment provider shall submit quarterly reports on the respondent's progress in treatment to the court and the parties. The reports shall reference the treatment plan and include at a minimum the following: Dates of attendance, respondent's compliance with requirements, treatment activities, the respondent's relative progress in treatment, and any other material specified by the court at the time of the disposition.

At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.

Except as provided in this subsection (4), after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW. A sex offender therapist who examines or treats a juvenile sex offender pursuant to this subsection does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that: (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (4) and the rules adopted by the department of health.

If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may revoke the suspension and order execution of the disposition or the court may impose a penalty of up to thirty days' confinement for violating conditions of the disposition. The court may order both execution of the disposition and up to thirty days' confinement for the violation of the conditions of the disposition. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.

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

A disposition entered under this subsection (4) is not appealable under RCW 13.40.230.

(5) If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court may impose the disposition alternative under RCW 13.40.165.

(6) RCW 13.40.193 shall govern the disposition of any juvenile adjudicated of possessing a firearm in violation of RCW 9.41.040(1)(b)(iii) or any crime in which a special finding is entered that the juvenile was armed with a firearm.

(7) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served.

(8) Except as provided under subsection (4) or (5) of this section or RCW 13.40.127, the court shall not suspend or defer the imposition or the execution of the disposition.

(9) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense.

Sec. 3. RCW 13.40.165 and 1997 c 338 s 26 are each amended to read as follows:

(1) When a juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court, on its own motion or the motion of the state or the respondent if the evidence shows that the offender may be chemically dependent, may order an examination by a chemical dependency counselor from a chemical dependency treatment facility approved under chapter 70.96A RCW to determine if the youth is chemically dependent and amenable to treatment.

(2) The report of the examination shall include at a minimum the following: The respondent's version of the facts and the official version of the facts, the respondent's offense history, an assessment of drug-alcohol problems and previous treatment attempts, the respondent's social, educational, and employment situation, and other evaluation measures used. The report shall set forth the sources of the examiner's information.

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

(a) Whether inpatient and/or outpatient treatment is recommended;

(b) Availability of appropriate treatment;

(c) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;

(d) Anticipated length of treatment;

(e) Recommended crime-related prohibitions; and

(f) Whether the respondent is amenable to treatment.

(4) The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion. The defendant shall pay the cost of any examination ordered under this subsection (4) or subsection (1) of this section unless the court finds that the offender is indigent and no third party insurance coverage is available, in which case the state shall pay the cost.

(5)(a) After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this chemical dependency disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section.

(b) If the court determines that this chemical dependency disposition alternative is appropriate, then the court shall impose the standard range for the offense, suspend execution of the disposition, and place the offender on community supervision for up to one year. As a condition of the suspended disposition, the court shall require the offender to undergo available outpatient drug/alcohol treatment and/or inpatient drug/alcohol treatment. For purposes of this section, the sum of confinement time and inpatient treatment may not exceed ninety days. As a condition of the suspended disposition, the court may impose conditions of community supervision and other sanctions, including up to thirty days of confinement, one hundred fifty hours of community ((service)) restitution, and payment of legal financial obligations and restitution.

(6) The drug/alcohol treatment provider shall submit monthly reports on the respondent's progress in treatment to the court and the parties. The reports shall reference the treatment plan and include at a minimum the following: Dates of attendance, respondent's compliance with requirements, treatment activities, the respondent's relative progress in treatment, and any other material specified by the court at the time of the disposition.

At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.

If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may revoke the suspension and order execution of the disposition. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.

(7) For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the offense charged.

(8) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served.

(9) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense.

(10) A disposition under this section is not appealable under RCW 13.40.230.

Sec. 4. RCW 13.40.180 and 1981 c 299 s 14 are each amended to read as follows:

Where a disposition is imposed on a youth for two or more offenses, the terms shall run consecutively, subject to the following limitations:

(1) Where the offenses were committed through a single act or omission, omission, or through an act or omission which in itself constituted one of the offenses and also was an element of the other, the aggregate of all the terms shall not exceed one hundred fifty percent of the term imposed for the most serious offense;

(2) The aggregate of all consecutive terms shall not exceed three hundred percent of the term imposed for the most serious offense; and

(3) The aggregate of all consecutive terms of community supervision shall not exceed two years in length, or require payment of more than two hundred dollars in fines or the performance of more than two hundred hours of community ((service)) restitution.

Sec. 5. RCW 13.40.200 and 1997 c 338 s 31 are each amended to read as follows:

(1) When a respondent fails to comply with an order of restitution, community supervision, penalty assessments, or confinement of less than thirty days, the court upon motion of the prosecutor or its own motion, may modify the order after a hearing on the violation.

(2) The hearing shall afford the respondent the same due process of law as would be afforded an adult probationer. The court may issue a summons or a warrant to compel the respondent's appearance. The state shall have the burden of proving by a preponderance of the evidence the fact of the violation. The respondent shall have the burden of showing that the violation was not a willful refusal to comply with the terms of the order. If a respondent has failed to pay a fine, penalty assessments, or restitution or to perform community ((service)) restitution hours, as required by the court, it shall be the respondent's burden to show that he or she did not have the means and could not reasonably have acquired the means to pay the fine, penalty assessments, or restitution or perform community ((service)) restitution.

(3) If the court finds that a respondent has willfully violated the terms of an order pursuant to subsections (1) and (2) of this section, it may impose a penalty of up to thirty days' confinement. Penalties for multiple violations occurring prior to the hearing shall not be aggregated to exceed thirty days' confinement. Regardless of the number of times a respondent is brought to court for violations of the terms of a single disposition order, the combined total number of days spent by the respondent in detention shall never exceed the maximum term to which an adult could be sentenced for the underlying offense.

(4) If a respondent has been ordered to pay a fine or monetary penalty and due to a change of circumstance cannot reasonably comply with the order, the court, upon motion of the respondent, may order that the unpaid fine or monetary penalty be converted to community ((service)) restitution. The number of hours of community ((service)) restitution in lieu of a monetary penalty or fine shall be converted at the rate of the prevailing state minimum wage per hour. The monetary penalties or fines collected shall be deposited in the county general fund. A failure to comply with an order under this subsection shall be deemed a failure to comply with an order of community supervision and may be proceeded against as provided in this section.

(5) When a respondent has willfully violated the terms of a probation bond, the court may modify, revoke, or retain the probation bond as provided in RCW 13.40.054.

Sec. 6. RCW 13.40.205 and 1990 c 3 s 103 are each amended to read as follows:

(1) A juvenile sentenced to a term of confinement to be served under the supervision of the department shall not be released from the physical custody of the department prior to the release date established under RCW 13.40.210 except as otherwise provided in this section.

(2) A juvenile serving a term of confinement under the supervision of the department may be released on authorized leave from the physical custody of the department only if consistent with public safety and if:

(a) Sixty percent of the minimum term of confinement has been served; and

(b) The purpose of the leave is to enable the juvenile:

(i) To visit the juvenile's family for the purpose of strengthening or preserving family relationships;

(ii) To make plans for parole or release which require the juvenile's personal appearance in the community and which will facilitate the juvenile's reintegration into the community; or

(iii) To make plans for a residential placement out of the juvenile's home which requires the juvenile's personal appearance in the community.

(3) No authorized leave may exceed seven consecutive days. The total of all pre-minimum term authorized leaves granted to a juvenile prior to final discharge from confinement shall not exceed thirty days.

(4) Prior to authorizing a leave, the secretary shall require a written leave plan, which shall detail the purpose of the leave and how it is to be achieved, the address at which the juvenile shall reside, the identity of the person responsible for supervising the juvenile during the leave, and a statement by such person acknowledging familiarity with the leave plan and agreeing to supervise the juvenile and to notify the secretary immediately if the juvenile violates any terms or conditions of the leave. The leave plan shall include such terms and conditions as the secretary deems appropriate and shall be signed by the juvenile.

(5) Upon authorizing a leave, the secretary shall issue to the juvenile an authorized leave order which shall contain the name of the juvenile, the fact that the juvenile is on leave from a designated facility, the time period of the leave, and the identity of an appropriate official of the department to contact when necessary. The authorized leave order shall be carried by the juvenile at all times while on leave.

(6) Prior to the commencement of any authorized leave, the secretary shall give notice of the leave to the appropriate law enforcement agency in the jurisdiction in which the juvenile will reside during the leave period. The notice shall include the identity of the juvenile, the time period of the leave, the residence of the juvenile during the leave, and the identity of the person responsible for supervising the juvenile during the leave.

(7) The secretary may authorize a leave, which shall not exceed forty-eight hours plus travel time, to meet an emergency situation such as a death or critical illness of a member of the juvenile's family. The secretary may authorize a leave, which shall not exceed the period of time medically necessary, to obtain medical care not available in a juvenile facility maintained by the department. In cases of emergency or medical leave the secretary may waive all or any portions of subsections (2)(a), (3), (4), (5), and (6) of this section.

(8) If requested by the juvenile's victim or the victim's immediate family, the secretary shall give notice of any leave to the victim or the victim's immediate family.

(9) A juvenile who violates any condition of an authorized leave plan may be taken into custody and returned to the department in the same manner as an adult in identical circumstances.

(10) Notwithstanding the provisions of this section, a juvenile placed in minimum security status may participate in work, educational, community ((service)) restitution, or treatment programs in the community up to twelve hours a day if approved by the secretary. Such a release shall not be deemed a leave of absence.

(11) Subsections (6), (7), and (8) of this section do not apply to juveniles covered by RCW 13.40.215.

Sec. 7. RCW 13.40.210 and 1997 c 338 s 32 are each amended to read as follows:

(1) The secretary shall, except in the case of a juvenile committed by a court to a term of confinement in a state institution outside the appropriate standard range for the offense(s) for which the juvenile was found to be guilty established pursuant to RCW 13.40.030, set a release or discharge date for each juvenile committed to its custody. The release or discharge date shall be within the prescribed range to which a juvenile has been committed except as provided in RCW 13.40.320 concerning offenders the department determines are eligible for the juvenile offender basic training camp program. Such dates shall be determined prior to the expiration of sixty percent of a juvenile's minimum term of confinement included within the prescribed range to which the juvenile has been committed. The secretary shall release any juvenile committed to the custody of the department within four calendar days prior to the juvenile's release date or on the release date set under this chapter. Days spent in the custody of the department shall be tolled by any period of time during which a juvenile has absented himself or herself from the department's supervision without the prior approval of the secretary or the secretary's designee.

(2) The secretary shall monitor the average daily population of the state's juvenile residential facilities. When the secretary concludes that in-residence population of residential facilities exceeds one hundred five percent of the rated bed capacity specified in statute, or in absence of such specification, as specified by the department in rule, the secretary may recommend reductions to the governor. On certification by the governor that the recommended reductions are necessary, the secretary has authority to administratively release a sufficient number of offenders to reduce in-residence population to one hundred percent of rated bed capacity. The secretary shall release those offenders who have served the greatest proportion of their sentence. However, the secretary may deny release in a particular case at the request of an offender, or if the secretary finds that there is no responsible custodian, as determined by the department, to whom to release the offender, or if the release of the offender would pose a clear danger to society. The department shall notify the committing court of the release at the time of release if any such early releases have occurred as a result of excessive in-residence population. In no event shall an offender adjudicated of a violent offense be granted release under the provisions of this subsection.

(3)(a) Following the juvenile's release under subsection (1) of this section, the secretary may require the juvenile to comply with a program of parole to be administered by the department in his or her community which shall last no longer than eighteen months, except that in the case of a juvenile sentenced for rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, or indecent liberties with forcible compulsion, the period of parole shall be twenty-four months and, in the discretion of the secretary, may be up to thirty-six months when the secretary finds that an additional period of parole is necessary and appropriate in the interests of public safety or to meet the ongoing needs of the juvenile. A parole program is mandatory for offenders released under subsection (2) of this section. The decision to place an offender on parole shall be based on an assessment by the department of the offender's risk for reoffending upon release. The department shall prioritize available parole resources to provide supervision and services to offenders at moderate to high risk for reoffending.

(b) The secretary shall, for the period of parole, facilitate the juvenile's reintegration into his or her community and to further this goal shall require the juvenile to refrain from possessing a firearm or using a deadly weapon and refrain from committing new offenses and may require the juvenile to: (i) Undergo available medical, psychiatric, drug and alcohol, sex offender, mental health, and other offense-related treatment services; (ii) report as directed to a parole officer and/or designee; (iii) pursue a course of study, vocational training, or employment; (iv) notify the parole officer of the current address where he or she resides; (v) be present at a particular address during specified hours; (vi) remain within prescribed geographical boundaries; (vii) submit to electronic monitoring; (viii) refrain from using illegal drugs and alcohol, and submit to random urinalysis when requested by the assigned parole officer; (ix) refrain from contact with specific individuals or a specified class of individuals; (x) meet other conditions determined by the parole officer to further enhance the juvenile's reintegration into the community; (xi) pay any court-ordered fines or restitution; and (xii) perform community ((service)) restitution. Community ((service)) restitution for the purpose of this section means compulsory service, without compensation, performed for the benefit of the community by the offender. Community ((service)) restitution may be performed through public or private organizations or through work crews.

(c) The secretary may further require up to twenty-five percent of the highest risk juvenile offenders who are placed on parole to participate in an intensive supervision program. Offenders participating in an intensive supervision program shall be required to comply with all terms and conditions listed in (b) of this subsection and shall also be required to comply with the following additional terms and conditions: (i) Obey all laws and refrain from any conduct that threatens public safety; (ii) report at least once a week to an assigned community case manager; and (iii) meet all other requirements imposed by the community case manager related to participating in the intensive supervision program. As a part of the intensive supervision program, the secretary may require day reporting.

(d) After termination of the parole period, the juvenile shall be discharged from the department's supervision.

(4)(a) The department may also modify parole for violation thereof. If, after affording a juvenile all of the due process rights to which he or she would be entitled if the juvenile were an adult, the secretary finds that a juvenile has violated a condition of his or her parole, the secretary shall order one of the following which is reasonably likely to effectuate the purpose of the parole and to protect the public: (i) Continued supervision under the same conditions previously imposed; (ii) intensified supervision with increased reporting requirements; (iii) additional conditions of supervision authorized by this chapter; (iv) except as provided in (a)(v) of this subsection, imposition of a period of confinement not to exceed thirty days in a facility operated by or pursuant to a contract with the state of Washington or any city or county for a portion of each day or for a certain number of days each week with the balance of the days or weeks spent under supervision; and (v) the secretary may order any of the conditions or may return the offender to confinement for the remainder of the sentence range if the offense for which the offender was sentenced is rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, indecent liberties with forcible compulsion, or a sex offense that is also a serious violent offense as defined by RCW 9.94A.030.

(b) If the department finds that any juvenile in a program of parole has possessed a firearm or used a deadly weapon during the program of parole, the department shall modify the parole under (a) of this subsection and confine the juvenile for at least thirty days. Confinement shall be in a facility operated by or pursuant to a contract with the state or any county.

(5) A parole officer of the department of social and health services shall have the power to arrest a juvenile under his or her supervision on the same grounds as a law enforcement officer would be authorized to arrest the person.

(6) If so requested and approved under chapter 13.06 RCW, the secretary shall permit a county or group of counties to perform functions under subsections (3) through (5) of this section.

Sec. 8. RCW 13.40.250 and 1997 c 338 s 36 are each amended to read as follows:

A traffic or civil infraction case involving a juvenile under the age of sixteen may be diverted in accordance with the provisions of this chapter or filed in juvenile court.

(1) If a notice of a traffic or civil infraction is filed in juvenile court, the juvenile named in the notice shall be afforded the same due process afforded to adult defendants in traffic infraction cases.

(2) A monetary penalty imposed upon a juvenile under the age of sixteen who is found to have committed a traffic or civil infraction may not exceed one hundred dollars. At the juvenile's request, the court may order performance of a number of hours of community ((service)) restitution in lieu of a monetary penalty, at the rate of the prevailing state minimum wage per hour.

(3) A diversion agreement entered into by a juvenile referred pursuant to this section shall be limited to thirty hours of community ((service)) restitution, or educational or informational sessions.

(4) If a case involving the commission of a traffic or civil infraction or offense by a juvenile under the age of sixteen has been referred to a diversion unit, an abstract of the action taken by the diversion unit may be forwarded to the department of licensing in the manner provided for in RCW 46.20.270(2).

Sec. 9. RCW 28A.225.090 and 1998 c 296 s 39 are each amended to read as follows:

(1) A court may order a child subject to a petition under RCW 28A.225.035 to:

(a) Attend the child's current school;

(b) If there is space available and the program can provide educational services appropriate for the child, order the child to attend another public school, an alternative education program, center, a skill center, dropout prevention program, or another public educational program;

(c) Attend a private nonsectarian school or program including an education center. Before ordering a child to attend an approved or certified private nonsectarian school or program, the court shall: (i) Consider the public and private programs available; (ii) find that placement is in the best interest of the child; and (iii) find that the private school or program is willing to accept the child and will not charge any fees in addition to those established by contract with the student's school district. If the court orders the child to enroll in a private school or program, the child's school district shall contract with the school or program to provide educational services for the child. The school district shall not be required to contract for a weekly rate that exceeds the state general apportionment dollars calculated on a weekly basis generated by the child and received by the district. A school district shall not be required to enter into a contract that is longer than the remainder of the school year. A school district shall not be required to enter into or continue a contract if the child is no longer enrolled in the district;

(d) Be referred to a community truancy board, if available; or

(e) Submit to testing for the use of controlled substances or alcohol based on a determination that such testing is appropriate to the circumstances and behavior of the child and will facilitate the child's compliance with the mandatory attendance law.

(2) If the child fails to comply with the court order, the court may order the child to be punished by detention, as provided in RCW 7.21.030(2)(e), or may impose alternatives to detention such as community ((service)) restitution. Failure by a child to comply with an order issued under this subsection shall not be punishable by detention for a period greater than that permitted pursuant to a civil contempt proceeding against a child under chapter 13.32A RCW.

(3) Any parent violating any of the provisions of either RCW 28A.225.010 or 28A.225.080 shall be fined not more than twenty-five dollars for each day of unexcused absence from school. It shall be a defense for a parent charged with violating RCW 28A.225.010 to show that he or she exercised reasonable diligence in attempting to cause a child in his or her custody to attend school or that the child's school did not perform its duties as required in RCW 28A.225.020. The court may order the parent to provide community ((service)) restitution instead of imposing a fine. Any fine imposed pursuant to this section may be suspended upon the condition that a parent charged with violating RCW 28A.225.010 shall participate with the school and the child in a supervised plan for the child's attendance at school or upon condition that the parent attend a conference or conferences scheduled by a school for the purpose of analyzing the causes of a child's absence.

Sec. 10. RCW 35.21.209 and 1984 c 24 s 1 are each amended to read as follows:

The legislative authority of a city or town may purchase liability insurance in an amount it deems reasonable to protect the city or town, its officers, and employees against liability for the wrongful acts of offenders or injury or damage incurred by offenders in the course of court-ordered community ((service)) restitution, and may elect to treat offenders as employees and/or workers under Title 51 RCW.

Sec. 11. RCW 35A.21.220 and 1984 c 24 s 2 are each amended to read as follows:

The legislative authority of a code city may purchase liability insurance in an amount it deems reasonable to protect the code city, its officers, and employees against liability for the wrongful acts of offenders or injury or damage incurred by offenders in the course of court-ordered community ((service)) restitution, and may elect to treat offenders as employees and/or workers under Title 51 RCW.

Sec. 12. RCW 36.16.139 and 1984 c 24 s 3 are each amended to read as follows:

The legislative authority of a county may purchase liability insurance in an amount it deems reasonable to protect the county, its officers, and employees against liability for the wrongful acts of offenders or injury or damage incurred by offenders in the course of community ((service)) restitution imposed by court order or pursuant to RCW 13.40.080. The legislative authority of a county may elect to treat offenders as employees and/or workers under Title 51 RCW.

Sec. 13. RCW 43.51.048 and 1996 c 263 s 3 are each amended to read as follows:

(1) The commission shall establish a policy and procedures for supervising and evaluating community ((service)) restitution activities that may be imposed under RCW 70.93.060(3) including a description of what constitutes satisfactory completion of community ((service)) restitution.

(2) The commission shall inform each state park of the policy and procedures regarding community ((service)) restitution activities, and each state park shall then notify the commission as to whether or not the park elects to participate in the community ((service)) restitution program. The commission shall transmit a list notifying the district courts of each state park that elects to participate.

Sec. 14. RCW 46.16.381 and 1998 c 294 s 1 are each amended to read as follows:

(1) The director shall grant special parking privileges to any person who has a disability that limits or impairs the ability to walk and meets one of the following criteria, as determined by a licensed physician:

(a) Cannot walk two hundred feet without stopping to rest;

(b) Is severely limited in ability to walk due to arthritic, neurological, or orthopedic condition;

(c) Is so severely disabled, that the person cannot walk without the use of or assistance from a brace, cane, another person, prosthetic device, wheelchair, or other assistive device;

(d) Uses portable oxygen;

(e) Is restricted by lung disease to such an extent that forced expiratory respiratory volume, when measured by spirometry is less than one liter per second or the arterial oxygen tension is less than sixty mm/hg on room air at rest;

(f) Impairment by cardiovascular disease or cardiac condition to the extent that the person's functional limitations are classified as class III or IV under standards accepted by the American Heart Association; or

(g) Has a disability resulting from an acute sensitivity to automobile emissions which limits or impairs the ability to walk. The personal physician of the applicant shall document that the disability is comparable in severity to the others listed in this subsection.

(2) The applications for disabled parking permits and temporary disabled parking permits are official state documents. Knowingly providing false information in conjunction with the application is a gross misdemeanor punishable under chapter 9A.20 RCW. The following statement must appear on each application form immediately below the physician's signature and immediately below the applicant's signature: "A disabled parking permit may be issued only for a medical necessity that severely affects mobility (RCW 46.16.381). Knowingly providing false information on this application is a gross misdemeanor. The penalty is up to one year in jail and a fine of up to $5,000 or both."

(3) Persons who qualify for special parking privileges are entitled to receive from the department of licensing a removable windshield placard bearing the international symbol of access and an individual serial number, along with a special identification card bearing the photograph, name, and date of birth of the person to whom the placard is issued, and the placard's serial number. The department shall design the placard to be displayed when the vehicle is parked by suspending it from the rearview mirror, or in the absence of a rearview mirror the card may be displayed on the dashboard of any vehicle used to transport the disabled person. Instead of regular motor vehicle license plates, disabled persons are entitled to receive special license plates bearing the international symbol of access for one vehicle registered in the disabled person's name. Disabled persons who are not issued the special license plates are entitled to receive a second special placard upon submitting a written request to the department. Persons who have been issued the parking privileges and who are using a vehicle or are riding in a vehicle displaying the special license plates or placard may park in places reserved for mobility disabled persons. The director shall adopt rules providing for the issuance of special placards and license plates to public transportation authorities, nursing homes licensed under chapter 18.51 RCW, boarding homes licensed under chapter 18.20 RCW, senior citizen centers, private nonprofit agencies as defined in chapter 24.03 RCW, and vehicles registered with the department as cabulances that regularly transport disabled persons who have been determined eligible for special parking privileges provided under this section. The director may issue special license plates for a vehicle registered in the name of the public transportation authority, nursing home, boarding homes, senior citizen center, private nonprofit agency, or cabulance service if the vehicle is primarily used to transport persons with disabilities described in this section. Public transportation authorities, nursing homes, boarding homes, senior citizen centers, private nonprofit agencies, and cabulance services are responsible for insuring that the special placards and license plates are not used improperly and are responsible for all fines and penalties for improper use.

(4) Whenever the disabled person transfers or assigns his or her interest in the vehicle, the special license plates shall be removed from the motor vehicle. If another vehicle is acquired by the disabled person and the vehicle owner qualifies for a special plate, the plate shall be attached to the vehicle, and the director shall be immediately notified of the transfer of the plate. If another vehicle is not acquired by the disabled person, the removed plate shall be immediately surrendered to the director.

(5) The special license plate shall be renewed in the same manner and at the time required for the renewal of regular motor vehicle license plates under this chapter. No special license plate may be issued to a person who is temporarily disabled. A person who has a condition expected to improve within six months may be issued a temporary placard for a period not to exceed six months. If the condition exists after six months a new temporary placard shall be issued upon receipt of a new certification from the disabled person's physician. The permanent parking placard and photo identification card of a disabled person shall be renewed at least every five years, as required by the director, by satisfactory proof of the right to continued use of the privileges. In the event of the permit holder's death, the parking placard and photo identification card must be immediately surrendered to the department. The department shall match and purge its disabled permit data base with available death record information at least every twelve months.

(6) Each person who has been issued a permanent disabled parking permit on or before July 1, 1998, must renew the permit no later than July 1, 2003, subject to a schedule to be set by the department, or the permit will expire.

(7) Additional fees shall not be charged for the issuance of the special placards or the photo identification cards. No additional fee may be charged for the issuance of the special license plates except the regular motor vehicle registration fee and any other fees and taxes required to be paid upon registration of a motor vehicle.

(8) Any unauthorized use of the special placard, special license plate, or photo identification card is a traffic infraction with a monetary penalty of two hundred fifty dollars.

(9) It is a parking infraction, with a monetary penalty of two hundred fifty dollars for a person to make inaccessible the access aisle located next to a space reserved for physically disabled persons. The clerk of the court shall report all violations related to this subsection to the department.

(10) It is a parking infraction, with a monetary penalty of two hundred fifty dollars for any person to park a vehicle in a parking place provided on private property without charge or on public property reserved for physically disabled persons without a special license plate or placard. If a person is charged with a violation, the person shall not be determined to have committed an infraction if the person produces in court or before the court appearance the special license plate or placard required under this section. A local jurisdiction providing nonmetered, on-street parking places reserved for physically disabled persons may impose by ordinance time restrictions of no less than four hours on the use of these parking places. A local jurisdiction may impose by ordinance time restrictions of no less than four hours on the use of nonreserved, on-street parking spaces by vehicles displaying the special parking placards. All time restrictions must be clearly posted.

(11) The penalties imposed under subsections (9) and (10) of this section shall be used by that local jurisdiction exclusively for law enforcement. The court may also impose an additional penalty sufficient to reimburse the local jurisdiction for any costs it may have incurred in removal and storage of the improperly parked vehicle.

(12) Except as provided by subsection (2) of this section, it is a traffic infraction with a monetary penalty of two hundred fifty dollars for any person willfully to obtain a special license plate, placard, or photo identification card in a manner other than that established under this section.

(13)(a) A law enforcement agency authorized to enforce parking laws may appoint volunteers, with a limited commission, to issue notices of infractions for violations of this section or RCW 46.61.581. Volunteers must be at least twenty-one years of age. The law enforcement agency appointing volunteers may establish any other qualifications the agency deems desirable.

(b) An agency appointing volunteers under this section must provide training to the volunteers before authorizing them to issue notices of infractions.

(c) A notice of infraction issued by a volunteer appointed under this subsection has the same force and effect as a notice of infraction issued by a police officer for the same offense.

(d) A police officer or a volunteer may request a person to show the person's photo identification card or special parking placard when investigating the possibility of a violation of this section. If the request is refused, the person in charge of the vehicle may be issued a notice of infraction for a violation of this section.

(14) For second or subsequent violations of this section, in addition to a monetary fine, the violator must complete a minimum of forty hours of:

(a) Community ((service)) restitution for a nonprofit organization that serves the disabled community or persons having disabling diseases; or

(b) Any other community ((service)) restitution that may sensitize the violator to the needs and obstacles faced by persons who have disabilities.

(15) The court may not suspend more than one-half of any fine imposed under subsection (8), (9), (10), or (12) of this section.

Sec. 15. RCW 46.20.031 and 1995 c 219 s 1 are each amended to read as follows:

The department shall not issue a driver's license hereunder:

(1) To any person who is under the age of sixteen years;

(2) To any person whose license has been suspended during such suspension, nor to any person whose license has been revoked, except as provided in RCW 46.20.311;

(3) To any person who has been evaluated by a program approved by the department of social and health services as being an alcoholic, drug addict, alcohol abuser, and/or drug abuser: PROVIDED, That a license may be issued if the department determines that such person has been granted a deferred prosecution, pursuant to chapter 10.05 RCW, or is satisfactorily participating in or has successfully completed an alcohol or drug abuse treatment program approved by the department of social and health services and has established control of his or her alcohol and/or drug abuse problem;

(4) To any person who has previously been adjudged to be mentally ill or insane, or to be incompetent due to any mental disability or disease, and who has not at the time of application been restored to competency by the methods provided by law: PROVIDED, HOWEVER, That no person so adjudged shall be denied a license for such cause if the superior court should find him able to operate a motor vehicle with safety upon the highways during such incompetency;

(5) To any person who is required by this chapter to take an examination, unless such person shall have successfully passed such examination;

(6) To any person who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited such proof;

(7) To any person when the department has good and substantial evidence to reasonably conclude that such person by reason of physical or mental disability would not be able to operate a motor vehicle with safety upon the highways; subject to review by a court of competent jurisdiction;

(8) To a person when the department has been notified by a court that the person has violated his or her written promise to appear, respond, or comply regarding a notice of infraction issued for a violation of RCW 46.55.105, unless the department has received notice from the court showing that the person has been found not to have committed the violation of RCW 46.55.105, or that the person has paid all monetary penalties owing, including completion of community ((service)) restitution, and that the court is satisfied that the person has made restitution as provided by RCW 46.55.105(2).

Sec. 16. RCW 46.30.020 and 1991 sp.s. c 25 s 1 are each amended to read as follows:

(1)(a) No person may operate a motor vehicle subject to registration under chapter 46.16 RCW in this state unless the person is insured under a motor vehicle liability policy with liability limits of at least the amounts provided in RCW 46.29.090, is self-insured as provided in RCW 46.29.630, is covered by a certificate of deposit in conformance with RCW 46.29.550, or is covered by a liability bond of at least the amounts provided in RCW 46.29.090. Written proof of financial responsibility for motor vehicle operation must be provided on the request of a law enforcement officer in the format specified under RCW 46.30.030.

(b) A person who drives a motor vehicle that is required to be registered in another state that requires drivers and owners of vehicles in that state to maintain insurance or financial responsibility shall, when requested by a law enforcement officer, provide evidence of financial responsibility or insurance as is required by the laws of the state in which the vehicle is registered.

(c) When asked to do so by a law enforcement officer, failure to display an insurance identification card as specified under RCW 46.30.030 creates a presumption that the person does not have motor vehicle insurance.

(d) Failure to provide proof of motor vehicle insurance is a traffic infraction and is subject to penalties as set by the supreme court under RCW 46.63.110 or community ((service)) restitution.

(2) If a person cited for a violation of subsection (1) of this section appears in person before the court and provides written evidence that at the time the person was cited, he or she was in compliance with the financial responsibility requirements of subsection (1) of this section, the citation shall be dismissed. In lieu of personal appearance, a person cited for a violation of subsection (1) of this section may, before the date scheduled for the person's appearance before the court, submit by mail to the court written evidence that at the time the person was cited, he or she was in compliance with the financial responsibility requirements of subsection (1) of this section, in which case the citation shall be dismissed without cost, except that the court may assess court administrative costs of twenty-five dollars at the time of dismissal.

(3) The provisions of this chapter shall not govern:

(a) The operation of a motor vehicle registered under RCW 46.16.305(1), governed by RCW 46.16.020, or registered with the Washington utilities and transportation commission as common or contract carriers; or

(b) The operation of a motorcycle as defined in RCW 46.04.330, a motor-driven cycle as defined in RCW 46.04.332, or a moped as defined in RCW 46.04.304.

(4) RCW 46.29.490 shall not be deemed to govern all motor vehicle liability policies required by this chapter but only those certified for the purposes stated in chapter 46.29 RCW.

Sec. 17. RCW 46.63.120 and 1979 ex.s. c 136 s 14 are each amended to read as follows:

(2) The court may include in the order the imposition of any penalty authorized by the provisions of this chapter for the commission of an infraction. The court may, in its discretion, waive, reduce, or suspend the monetary penalty prescribed for the infraction. At the person's request the court may order performance of a number of hours of community ((service)) restitution in lieu of a monetary penalty, at the rate of the then state minimum wage per hour.

Sec. 18. RCW 51.12.045 and 1986 c 193 s 1 are each amended to read as follows:

Offenders performing community ((services)) restitution pursuant to court order or under RCW 13.40.080 may be deemed employees and/or workers under this title at the option of the state, county, city, town, or nonprofit organization under whose authorization the ((services are)) community restitution is performed. Any premiums or assessments due under this title for community ((services)) restitution work shall be the obligation of and be paid for by the state agency, county, city, town, or nonprofit organization for which the offender performed the community ((services)) restitution. Coverage commences when a state agency, county, city, town, or nonprofit organization has given notice to the director that it wishes to cover offenders performing community ((services)) restitution before the occurrence of an injury or contraction of an occupational disease.

Sec. 19. RCW 66.20.200 and 1994 c 201 s 1 are each amended to read as follows:

It shall be unlawful for the owner of a card of identification to transfer the card to any other person for the purpose of aiding such person to procure alcoholic beverages from any licensee or store employee. Any person who shall permit his or her card of identification to be used by another or transfer such card to another for the purpose of aiding such transferee to obtain alcoholic beverages from a licensee or store employee or gain admission to a premises or portion of a premises classified by the board as off-limits to persons under twenty-one years of age, shall be guilty of a misdemeanor punishable as provided by RCW 9A.20.021, except that a minimum fine of two hundred fifty dollars shall be imposed and any sentence requiring community ((service)) restitution shall require not fewer than twenty-five hours of ((such service)) community restitution. Any person not entitled thereto who unlawfully procures or has issued or transferred to him or her a card of identification, and any person who possesses a card of identification not issued to him or her, and any person who makes any false statement on any certification card required by RCW 66.20.190, as now or hereafter amended, to be signed by him or her, shall be guilty of a misdemeanor punishable as provided by RCW 9A.20.021, except that a minimum fine of two hundred fifty dollars shall be imposed and any sentence requiring community ((service)) restitution shall require not fewer than twenty-five hours of ((such service)) community restitution.

Sec. 20. RCW 66.44.291 and 1987 c 101 s 1 are each amended to read as follows:

Every person between the ages of eighteen and twenty, inclusive, who is convicted of a violation of RCW 66.44.290 is guilty of a misdemeanor punishable as provided by RCW 9A.20.021, except that a minimum fine of two hundred fifty dollars shall be imposed and any sentence requiring community ((service)) restitution shall require not fewer than twenty-five hours of ((such service)) community restitution.

Sec. 21. RCW 66.44.325 and 1987 c 101 s 2 are each amended to read as follows:

Any person who transfers in any manner an identification of age to a minor for the purpose of permitting such minor to obtain alcoholic beverages shall be guilty of a misdemeanor punishable as provided by RCW 9A.20.021, except that a minimum fine of two hundred fifty dollars shall be imposed and any sentence requiring community ((service)) restitution shall require not fewer than twenty-five hours of ((such service)) community restitution: PROVIDED, That corroborative testimony of a witness other than the minor shall be a condition precedent to conviction.

Sec. 22. RCW 69.50.425 and 1989 c 271 s 105 are each amended to read as follows:

A person who is convicted of a misdemeanor violation of any provision of this chapter shall be punished by imprisonment for not less than twenty-four consecutive hours, and by a fine of not less than two hundred fifty dollars. On a second or subsequent conviction, the fine shall not be less than five hundred dollars. These fines shall be in addition to any other fine or penalty imposed. Unless the court finds that the imposition of the minimum imprisonment will pose a substantial risk to the defendant's physical or mental well-being or that local jail facilities are in an overcrowded condition, the minimum term of imprisonment shall not be suspended or deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a minimum of forty hours of community ((service)) restitution. If a minimum term of imprisonment is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. Unless the court finds the person to be indigent, the minimum fine shall not be suspended or deferred.

Sec. 23. RCW 70.93.060 and 1997 c 159 s 1 are each amended to read as follows:

(1) No person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public property in the state or upon private property in this state not owned by him or her or in the waters of this state whether from a vehicle or otherwise including but not limited to any public highway, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley except:

(a) When the property is designated by the state or its agencies or political subdivisions for the disposal of garbage and refuse, and the person is authorized to use such property for that purpose;

(b) Into a litter receptacle in a manner that will prevent litter from being carried away or deposited by the elements upon any part of said private or public property or waters.

(2)(a) Except as provided in subsection (4) of this section, it is a class 3 civil infraction as provided in RCW 7.80.120 for a person to litter in an amount less than or equal to one cubic foot.

(b) It is a class 1 civil infraction as provided in RCW 7.80.120 for a person to litter in an amount greater than one cubic foot. Unless suspended or modified by a court, the person shall also pay a litter cleanup fee of twenty-five dollars per cubic foot of litter. The court may, in addition to or in lieu of part or all of the cleanup fee, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property.

(3) If the violation occurs in a state park, the court shall, in addition to any other penalties assessed, order the person to perform twenty-four hours of community ((service)) restitution in the state park where the violation occurred if the state park has stated an intent to participate as provided in RCW 43.51.048(2).

(4) It is a class 1 civil infraction as provided in RCW 7.80.120 for a person to discard, in violation of this section, a cigarette, cigar, or other tobacco product that is capable of starting a fire.

Sec. 24. RCW 70.93.250 and 1998 c 257 s 10 and 1998 c 245 s 128 are each reenacted and amended to read as follows:

(1) The department shall provide funding to local units of government to establish, conduct, and evaluate community ((service)) restitution and other programs for waste reduction, litter and illegal dump cleanup, and recycling. Programs eligible for funding under this section shall include, but not be limited to, programs established pursuant to RCW 72.09.260.

(2) Funds may be offered for costs associated with community waste reduction, litter cleanup and prevention, and recycling activities. The funding program must be flexible, allowing local governments to use funds broadly to meet their needs to reduce waste, control litter and illegal dumping, and promote recycling. Local governments are required to contribute resources or in-kind services. The department shall evaluate funding requests from local government according to the same criteria as those developed in RCW 70.93.220, provide funds according to the effectiveness and efficiency of local government litter control programs, and monitor the results of all local government programs under this section.

(3) Local governments shall report information as requested by the department in funding agreements entered into by the department and a local government. The department shall report to the appropriate standing committees of the legislature by December of even-numbered years on the effectiveness of local government waste reduction, litter, and recycling programs funded under this section.

Sec. 25. RCW 70.155.080 and 1998 c 133 s 2 are each amended to read as follows:

(1) A person under the age of eighteen who purchases or attempts to purchase, possesses, or obtains or attempts to obtain cigarettes or tobacco products commits a class 3 civil infraction under chapter 7.80 RCW and is subject to a fine as set out in chapter 7.80 RCW or participation in up to four hours of community ((service)) restitution, or both. The court may also require participation in a smoking cessation program. This provision does not apply if a person under the age of eighteen, with parental authorization, is participating in a controlled purchase as part of a liquor control board, law enforcement, or local health department activity.

(2) Municipal and district courts within the state have jurisdiction for enforcement of this section.

Sec. 26. RCW 72.09.060 and 1989 c 185 s 3 are each amended to read as follows:

The department of corrections may be organized into such divisions or offices as the secretary may determine, but shall include divisions for (1) correctional industries, (2) prisons and other custodial institutions and (3) probation, parole, community ((service)) restitution, restitution, and other nonincarcerative sanctions. The secretary shall have at least one person on his or her staff who shall have the responsibility for developing a program which encourages the use of volunteers, for citizen advisory groups, and for similar public involvement programs in the corrections area. Minimum qualification for staff assigned to public involvement responsibilities shall include previous experience in working with volunteers or volunteer agencies.

Sec. 27. RCW 72.09.100 and 1995 1st sp.s. c 19 s 33 are each amended to read as follows:

It is the intent of the legislature to vest in the department the power to provide for a comprehensive inmate work program and to remove statutory and other restrictions which have limited work programs in the past. For purposes of establishing such a comprehensive program, the legislature recommends that the department consider adopting any or all, or any variation of, the following classes of work programs:

(1) CLASS I: FREE VENTURE INDUSTRIES. The employer model industries in this class shall be operated and managed in total or in part by any profit or nonprofit organization pursuant to an agreement between the organization and the department. The organization shall produce goods or services for sale to both the public and private sector.

The customer model industries in this class shall be operated and managed by the department to provide Washington state manufacturers or businesses with products or services currently produced or provided by out-of-state or foreign suppliers. The correctional industries board of directors shall review these proposed industries before the department contracts to provide such products or services. The review shall include an analysis of the potential impact of the proposed products and services on the Washington state business community and labor market.

The department of corrections shall supply appropriate security and custody services without charge to the participating firms.

Inmates who work in free venture industries shall do so at their own choice. They shall be paid a wage comparable to the wage paid for work of a similar nature in the locality in which the industry is located, as determined by the director of correctional industries. If the director cannot reasonably determine the comparable wage, then the pay shall not be less than the federal minimum wage.

An inmate who is employed in the class I program of correctional industries shall not be eligible for unemployment compensation benefits pursuant to any of the provisions of Title 50 RCW until released on parole or discharged.

(2) CLASS II: TAX REDUCTION INDUSTRIES. Industries in this class shall be state-owned and operated enterprises designed to reduce the costs for goods and services for tax-supported agencies and for nonprofit organizations. The industries selected for development within this class shall, as much as possible, match the available pool of inmate work skills and aptitudes with the work opportunities in the free community. The industries shall be closely patterned after private sector industries but with the objective of reducing public support costs rather than making a profit. The products and services of this industry, including purchased products and services necessary for a complete product line, may be sold to public agencies, to nonprofit organizations, and to private contractors when the goods purchased will be ultimately used by a public agency or a nonprofit organization. Clothing manufactured by an industry in this class may be donated to nonprofit organizations that provide clothing free of charge to low-income persons. Correctional industries products and services shall be reviewed by the correctional industries board of directors before offering such products and services for sale to private contractors. The board of directors shall conduct a yearly marketing review of the products and services offered under this subsection. Such review shall include an analysis of the potential impact of the proposed products and services on the Washington state business community. To avoid waste or spoilage and consequent loss to the state, when there is no public sector market for such goods, byproducts and surpluses of timber, agricultural, and animal husbandry enterprises may be sold to private persons, at private sale. Surplus byproducts and surpluses of timber, agricultural and animal husbandry enterprises that cannot be sold to public agencies or to private persons may be donated to nonprofit organizations. All sales of surplus products shall be carried out in accordance with rules prescribed by the secretary.

Security and custody services shall be provided without charge by the department of corrections.

Inmates working in this class of industries shall do so at their own choice and shall be paid for their work on a gratuity scale which shall not exceed the wage paid for work of a similar nature in the locality in which the industry is located and which is approved by the director of correctional industries.

Subject to approval of the correctional industries board, provisions of RCW 41.06.380 prohibiting contracting out work performed by classified employees shall not apply to contracts with Washington state businesses entered into by the department of corrections through class II industries.

(3) CLASS III: INSTITUTIONAL SUPPORT INDUSTRIES. Industries in this class shall be operated by the department of corrections. They shall be designed and managed to accomplish the following objectives:

(a) Whenever possible, to provide basic work training and experience so that the inmate will be able to qualify for better work both within correctional industries and the free community. It is not intended that an inmate's work within this class of industries should be his or her final and total work experience as an inmate.

(b) Whenever possible, to provide forty hours of work or work training per week.

Supervising, management, and custody staff shall be employees of the department.

All able and eligible inmates who are assigned work and who are not working in other classes of industries shall work in this class.

Except for inmates who work in work training programs, inmates in this class shall be paid for their work in accordance with an inmate gratuity scale. The scale shall be adopted by the secretary of corrections.

(4) CLASS IV: COMMUNITY WORK INDUSTRIES. Industries in this class shall be operated by the department of corrections. They shall be designed and managed to provide services in the inmate's resident community at a reduced cost. The services shall be provided to public agencies, to persons who are poor or infirm, or to nonprofit organizations.

Inmates in this program shall reside in facilities owned by, contracted for, or licensed by the department of corrections. A unit of local government shall provide work supervision services without charge to the state and shall pay the inmate's wage.

The department of corrections shall reimburse participating units of local government for liability and workers compensation insurance costs.

Inmates who work in this class of industries shall do so at their own choice and shall receive a gratuity which shall not exceed the wage paid for work of a similar nature in the locality in which the industry is located.

(5) CLASS V: COMMUNITY ((SERVICE)) RESTITUTION PROGRAMS. Programs in this class shall be subject to supervision by the department of corrections. The purpose of this class of industries is to enable an inmate, placed on community supervision, to work off all or part of a community ((service)) restitution order as ordered by the sentencing court.

Employment shall be in a community ((service)) restitution program operated by the state, local units of government, or a nonprofit agency.

To the extent that funds are specifically made available for such purposes, the department of corrections shall reimburse nonprofit agencies for workers compensation insurance costs.

Sec. 28. RCW 72.09.260 and 1990 c 66 s 2 are each amended to read as follows:

(1) The department shall assist local units of government in establishing community ((service)) restitution programs for litter cleanup. Community ((service)) restitution litter cleanup programs must include the following: (a) Procedures for documenting the number of community ((service)) restitution hours worked in litter cleanup by each offender; (b) plans to coordinate litter cleanup activities with local governmental entities responsible for roadside and park maintenance; (c) insurance coverage for offenders during litter cleanup activities pursuant to RCW 51.12.045; (d) provision of adequate safety equipment and, if needed, weather protection gear; and (e) provision for including felons and misdemeanants in the program.

(2) Community ((service)) restitution programs established under this section shall involve, but not be limited to, persons convicted of nonviolent, drug-related offenses.

(3) Nothing in this section shall diminish the department's authority to place offenders in community ((service)) restitution programs or to determine the suitability of offenders for specific programs.

(4) As used in this section, "litter cleanup" includes cleanup and removal of solid waste that is illegally dumped.

Sec. 29. RCW 72.65.090 and 1986 c 125 s 6 are each amended to read as follows:

The department may provide transportation for work release participants to the designated places of housing under the work release plan, and may supply suitable clothing and such other equipment, supplies and other necessities as may be reasonably needed for the implementation of the plans adopted for such participation from the community ((services)) restitution revolving fund as established in RCW 9.95.360: PROVIDED, That costs and expenditures incurred for this purpose may be deducted by the department from the earnings of the participants and deposited in the community ((services)) restitution revolving fund.

Sec. 30. RCW 72.65.100 and 1986 c 125 s 7 are each amended to read as follows:

The secretary is authorized to make rules and regulations for the administration of the provisions of this chapter to administer the work release program. In addition, the department shall:

(1) Supervise and consult with work release participants;

(2) Locate available employment or vocational training opportunities for qualified work release participants;

(3) Effect placement of work release participants under the program;

(4) Collect, account for and make disbursement from earnings of work release participants under the provisions of this chapter, including accounting for all inmate debt in the community ((services)) restitution revolving fund. RCW 9.95.370 applies to inmates assigned to work/training release facilities who receive assistance as provided in RCW 9.95.310, 9.95.320, 72.65.050, and 72.65.090;

(5) Promote public understanding and acceptance of the work release program.

All state agencies shall cooperate with the department in the administration of the work release program as provided by this chapter."

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

TIMOTHY A. MARTIN, Co-Chief Clerk

DEAN R. FOSTER, Co-Chief Clerk

MOTION

On motion of Senator Costa, the Senate refuses to concur in the House amendment to Senate Bill No. 5664 and asks the House to recede therefrom.

MESSAGE FROM THE HOUSE

April 12, 1999

MR. PRESIDENT:

The House has passed ENGROSSED SENATE BILL NO. 5789 with the following amendment(s)

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 43.105.020 and 1993 c 280 s 78 are each amended to read as follows:

As used in this chapter, unless the context indicates otherwise, the following definitions shall apply:

(1) "Department" means the department of information services;

(2) "Board" means the information services board;

(3) "Local governments" includes all municipal and quasi municipal corporations and political subdivisions, and all agencies of such corporations and subdivisions authorized to contract separately;

(4) "Director" means the director of the department;

(5) "Purchased services" means services provided by a vendor to accomplish routine, continuing, and necessary functions. This term includes, but is not limited to, services acquired for equipment maintenance and repair, operation of a physical plant, security, computer hardware and software installation and maintenance, data entry, keypunch services, programming services, and computer time-sharing;

(6) "Backbone network" means the shared high-density portions of the state's telecommunications transmission facilities. It includes specially conditioned high-speed communications carrier lines, multiplexors, switches associated with such communications lines, and any equipment and software components necessary for management and control of the backbone network;

(7) "Telecommunications" means the transmission of information by wire, radio, optical cable, electromagnetic, or other means;

(8) "Information processing" means the electronic capture, collection, storage, manipulation, transmission, retrieval, and presentation of information in the form of data, text, voice, or image and includes telecommunications and office automation functions;

(9) "Information services" means data processing, telecommunications, and office automation;

(10) "Equipment" means the machines, devices, and transmission facilities used in information processing, such as computers, word processors, terminals, telephones, and cables;

(11) "Proprietary software" means that software offered for sale or license;

(12) "Video telecommunications" means the electronic interconnection of two or more sites for the purpose of transmitting and/or receiving visual and associated audio information. Video telecommunications shall not include existing public television broadcast stations as currently designated by the department of community, trade, and economic development under chapter 43.330 RCW;

(13) "K-20 educational network board" or "K-20 board" means the K-20 educational network board created in section 2 of this act;

(14) "K-20 network technical steering committee" or "committee" means the K-20 network technical steering committee created in section 6 of this act;

(15) "K-20 network" means the network established in RCW 28D.02.070;

(16) "Educational sectors" means those institutions of higher education, school districts, and educational service districts that use the network for distance education, data transmission, and other uses permitted by the K-20 board.

NEW SECTION. Sec. 2. The K-20 educational network board is created. The purpose of the K-20 board is to ensure that the K-20 educational telecommunications network is operated in a way that serves the broad public interest above the interest of any network user.

(1) The K-20 board shall comprise eleven voting and seven nonvoting members as follows:

(a) Voting members shall include: A person designated by the governor; one member of each caucus of the senate, appointed by the president of the senate; one member of each caucus of the house of representatives, appointed by the speaker of the house of representatives; the superintendent of public instruction or his or her designee; the executive director of the higher education coordinating board or his or her designee; the executive director of the state board for community and technical colleges or his or her designee; the chair of the information services board, or his or her designee; the director of the department of information services or his or her designee; and one citizen member.

The citizen member shall be appointed to a four-year term by the governor with the consent of the senate. The governor shall appoint the citizen member of the K-20 board by July 30, 1999.

(b) Nonvoting members shall include one community or technical college president, appointed by the state board for technical and community colleges; one president of a public baccalaureate institution, appointed by the council of presidents; the state librarian; one educational service district superintendent, one school district superintendent, and one representative of an approved private school, appointed by the superintendent of public instruction; and one representative of independent baccalaureate institutions, appointed by the Washington association of independent colleges and universities.

(2) The director of the department of information services or his or her designee shall serve as chair of the K-20 board. The department of information services shall provide staffing to the K-20 board. A majority of the voting members of the K-20 board shall constitute a quorum for the transaction of business.

(3) The citizen member of the K-20 board shall be compensated in accordance with RCW 43.03.250.

NEW SECTION. Sec. 3. The new section is added to chapter 43.105 RCW to read as follows:

The K-20 board has the following powers and duties:

(1) In cooperation with the educational sectors and other interested parties, to establish goals and measurable objectives for the network;

(2) To ensure that the goals and measurable objectives of the network are the basis for any decisions or recommendations regarding the technical development and operation of the network;

(3) To adopt, modify, and implement policies to facilitate network development, operation, and expansion. Such policies may include but need not be limited to the following issues: Quality of educational services; access to the network by recognized organizations and accredited institutions that deliver educational programming, including public libraries; prioritization of programming within limited resources; prioritization of access to the system and the sharing of technological advances; network security; identification and evaluation of emerging technologies for delivery of educational programs; future expansion or redirection of the system; network fee structures; and costs for the development and operation of the network;

(4) To prepare and submit to the governor and the legislature a coordinated budget for network development, operation, and expansion. The budget shall include the recommendations of the K-20 board on any state funding requested for network transport and equipment, distance education facilities and hardware or software specific to the use of the network, and proposed new network end sites;

(5) To adopt and monitor the implementation of a methodology to evaluate the effectiveness of the network in achieving the educational goals and measurable objectives;

(6) To authorize the release of funds from the K-20 technology account under RCW 28D.02.060 (as recodified by this act) for network expenditures;

(7) To establish by rule acceptable use policies governing user eligibility for participation in the K-20 network, acceptable uses of network resources, and procedures for enforcement of such policies. The K-20 board shall set forth appropriate procedures for enforcement of acceptable use policies, that may include suspension of network connections and removal of shared equipment for violations of network conditions or policies. However, the information services board shall have sole responsibility for the implementation of enforcement procedures relating to technical conditions of use.

NEW SECTION. Sec. 4. A new section is added to chapter 43.105 RCW to read as follows:

Actions of the telecommunications oversight and policy committee in effect on June 30, 1999, shall remain in effect thereafter unless modified or repealed by the K-20 board.

Sec. 5. RCW 43.105.041 and 1996 c 171 s 8 and 1996 c 137 s 12 are each reenacted and amended to read as follows:

(1) The board shall have the following powers and duties related to information services:

(a) To develop standards governing the acquisition and disposition of equipment, proprietary software and purchased services, and confidentiality of computerized data;

(b) To purchase, lease, rent, or otherwise acquire, dispose of, and maintain equipment, proprietary software, and purchased services, or to delegate to other agencies and institutions of state government, under appropriate standards, the authority to purchase, lease, rent, or otherwise acquire, dispose of, and maintain equipment, proprietary software, and purchased services: PROVIDED, That, agencies and institutions of state government are expressly prohibited from acquiring or disposing of equipment, proprietary software, and purchased services without such delegation of authority. The acquisition and disposition of equipment, proprietary software, and purchased services is exempt from RCW 43.19.1919 and, as provided in RCW 43.19.1901, from the provisions of RCW 43.19.190 through 43.19.200. This subsection (1)(b) does not apply to the legislative branch;

(d) To review and approve standards and common specifications for new or expanded telecommunications networks proposed by agencies, public postsecondary education institutions, educational service districts, or state-wide or regional providers of K-12 information technology services, and to assure the cost-effective development and incremental implementation of a state-wide video telecommunications system to serve: Public schools; educational service districts; vocational-technical institutes; community colleges; colleges and universities; state and local government; and the general public through public affairs programming;

(e) To provide direction concerning strategic planning goals and objectives for the state. The board shall seek input from the legislature and the judiciary;

(f) To develop and implement a process for the resolution of appeals by:

(i) Vendors concerning the conduct of an acquisition process by an agency or the department; or

(ii) A customer agency concerning the provision of services by the department or by other state agency providers;

(g) To establish policies for the periodic review by the department of agency performance which may include but are not limited to analysis of:

(i) Planning, management, control, and use of information services;

(ii) Training and education; and

(iii) Project management;

(h) To set its meeting schedules and convene at scheduled times, or meet at the request of a majority of its members, the chair, or the director; and

(i) To review and approve that portion of the department's budget requests that provides for support to the board.

(2) State-wide technical standards to promote and facilitate electronic information sharing and access are an essential component of acceptable and reliable public access service and complement content-related standards designed to meet those goals. The board shall:

(a) Establish technical standards to facilitate electronic access to government information and interoperability of information systems. Local governments are strongly encouraged to follow the standards established by the board; and

(b) Require agencies to consider electronic public access needs when planning new information systems or major upgrades of systems.

In developing these standards, the board is encouraged to include the state library, state archives, and appropriate representatives of state and local government.

(3)(a) The board, in consultation with the K-20 board, has the duty to govern, operate, and oversee the technical design, implementation, and operation of the K-20 network including, but not limited to, the following duties: Establishment and implementation of K-20 network technical policy, including technical standards and conditions of use; review and approval of network design; procurement of shared network services and equipment; and resolving user/provider disputes concerning technical matters. The board shall delegate general operational and technical oversight to the K-20 network technical steering committee as appropriate.

(b) The board has the authority to adopt rules under chapter 34.05 RCW to implement the provisions regarding the technical operations and conditions of use of the K-20 network.

NEW SECTION. Sec. 6. A new section is added to chapter 43.105 RCW to read as follows:

The K-20 network technical steering committee is established, and shall report to the information services board.

(1) The committee consists of the following seven voting members: A representative of the higher education coordinating board, appointed by its executive director; a representative of the superintendent of public instruction, appointed by the superintendent of public instruction; a representative of the state board for community and technical colleges, appointed by its executive director; a representative of the educational services districts, appointed by that organization; a representative of the baccalaureate institutions, appointed by the council of presidents; a representative of the computer or telecommunications industry, appointed by the governor; and a representative of the department, appointed by the director. The committee includes as ex officio, nonvoting members, a representative of the organization that operates the K-20 network under section 8 of this act, appointed by that organization; the state librarian; a representative of the independent nonprofit institutions of higher education, appointed by the Washington association of independent colleges and universities; and such additional ex officio, nonvoting members as may be appointed by the information services board. The committee shall select a chair from among its members.

(2) The committee shall have general operational and technical oversight over the K-20 network, as delegated by the information services board.

(3) The department shall supply necessary staff support to the committee.

NEW SECTION. Sec. 7. A new section is added to chapter 43.105 RCW to read as follows:

(1) In overseeing the technical aspects of the K-20 network, the information services board is not intended to duplicate the statutory responsibilities of the higher education coordinating board, the superintendent of public instruction, the information services board, the state librarian, or the governing boards of the institutions of higher education.

(2) The board may not interfere in any curriculum or legally offered programming offered over the network.

(3) The coordination of telecommunications planning for institutions of higher education as defined in RCW 28B.10.016 remains the responsibility of the higher education coordinating board under RCW 28B.80.600. The board may recommend, but not require, revisions to the higher education coordinating board's telecommunications plan.

(4) The responsibility to review and approve standards and common specifications for the network remains the responsibility of the information services board under RCW 43.105.041.

(5) The coordination of telecommunications planning for the common schools remains the responsibility of the superintendent of public instruction. Except as set forth in RCW 43.105.041(1)(d), the board may recommend, but not require, revisions to the superintendent's telecommunications plans.

NEW SECTION. Sec. 8. A new section is added to chapter 43.105 RCW to read as follows:

The department shall maintain, in consultation with the network users and the board, the K-20 operations cooperative, which shall be responsible for day-to-day network management, technical network status monitoring, technical problem response coordination, and other duties as agreed to by the department, the educational sectors, and the information services board. Funding for the K-20 operations cooperative shall be provided from the K-20 revolving fund under RCW 28D.02.065 (as recodified by this act).

Sec. 9. RCW 28D.02.060 and 1997 c 180 s 2 are each amended to read as follows:

The K-20 technology account is hereby created in the state treasury. The department of information services shall deposit into the account moneys received from legislative appropriations, gifts, grants, and endowments for the buildout and installation of the K-20 telecommunication system. The account shall be subject to appropriation and may be expended solely for the K-20 telecommunication system ((approved by the committee under RCW 28D.02.010)). Disbursements from the account shall be on authorization of the director of the department of information services with approval of the ((committee under RCW 28D.02.010)) board.

Sec. 10. RCW 28D.02.065 and 1997 c 180 s 1 are each amended to read as follows:

(1) The education technology revolving fund is created in the custody of the state treasurer. All receipts from billings under subsection (2) of this section must be deposited in the revolving fund. Only the director of the department of information services or the director's designee may authorize expenditures from the fund. The revolving fund shall be used ((only)) to pay for ((the acquisition of)) network operations, transport, equipment, software, supplies, and services, maintenance and depreciation of on-site data, and shared infrastructure, and other costs incidental to the ((acquisition,)) development, operation, and administration of shared educational information technology services, telecommunications, and systems. The revolving fund shall not be used for the acquisition, maintenance, or operations of local ((networks or)) telecommunications infrastructure or the maintenance or depreciation of on-premises video equipment specific to a particular institution or group of institutions.

(2) The revolving fund and all disbursements from the revolving fund are subject to the allotment procedure under chapter 43.88 RCW, but an appropriation is not required for expenditures. The department of information services shall, in consultation with entities connected to the network under RCW 28D.02.070 (as recodified by this act) and subject to the review and approval of the office (([of])) of financial management, establish and implement a billing structure ((to assure that all network users pay an equitable share of the costs in relation to their usage of the network)) for network services identified in subsection (1) of this section.

Sec. 11. RCW 28D.02.070 and 1996 c 137 s 8 are each amended to read as follows:

The information services board shall prepare a technical plan for the design and construction of the K-20 telecommunication system. The board shall ensure that the technical plan adheres to the ((principles described in RCW 28D.02.020 and the)) goals and objectives established ((by the committee)) under RCW ((28D.02.010)) 43.105.041. The board shall provide formal project approval and oversight during the development and implementation of the K-20 telecommunications network. In approving the plan, the board shall conduct a request for proposal process. The technical plan shall be developed in phases as follows:

(1) Phase one shall provide a telecommunication backbone connecting educational service districts, the main campuses of public baccalaureate institutions, the branch campuses of public research institutions, and the main campuses of community colleges and technical colleges.

(2) Phase two shall provide for (a) connection to the network by entities that include, but need not be limited to: School districts, public higher education off-campus and extension centers, and branch campuses of community colleges and technical colleges, ((and independent nonprofit baccalaureate institutions,)) as prioritized by the (([K-20])) K-20 telecommunications oversight and policy committee, or as modified by the board; ((and)) (b) distance education facilities and components for entities listed in subsections (1) and (2) of this section; and (c) connection for independent nonprofit institutions of higher education, provided that:

(i) The K-20 board and each independent nonprofit institution of higher education to be connected agree in writing to terms and conditions of connectivity. The terms and conditions shall ensure, among other things, that the provision of K-20 services does not violate Article VIII, section 5 of the state Constitution and that the institution shall adhere to network policies; and

(ii) The K-20 board determines that inclusion of the independent nonprofit institutions of higher education will not significantly affect the network's eligibility for federal universal service fund discounts or subsidies.

(3) Subsequent phases may include, but need not be limited to, connections to public libraries, state and local governments, community resource centers, and the private sector.

NEW SECTION. Sec. 12. RCW 28D.02.060, 28D.02.065, and 28D.02.070 are each recodified as sections in chapter 43.105 RCW.

NEW SECTION. Sec. 13. The following acts or parts of acts are each repealed:

(1) RCW 28D.02.005 (Intent--Finding) and 1996 c 137 s 1;

(2) RCW 28D.02.010 (K-20 telecommunications oversight and policy committee) and 1996 c 137 s 2;

(3) RCW 28D.02.020 (Design and implementation plan) and 1996 c 137 s 3;

(4) RCW 28D.02.030 (Proposed location plan of higher education delivery sites) and 1996 c 137 s 4;

(5) RCW 28D.02.040 (Proposed location plan of public education delivery sites) and 1996 c 137 s 5; and

(6) RCW 28D.02.050 (Network governance structure--Recommendations of the higher education coordinating board and the superintendent of public instruction) and 1996 c 137 s 6.

NEW SECTION. Sec. 14. 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 July 1, 1999."

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

TIMOTHY A. MARTIN, Co-Chief Clerk

DEAN R. FOSTER, Co-Chief Clerk

MOTION

Senator Bauer moved that the Senate refuse to concur in the House amendment to Engrossed Senate Bill No. 5789 and asks the House to recede therefrom.

Debate ensued.

The President declared the question before the Senate to be the motion by Senator Bauer that the Senate refuse to concur in the House amendment to Engrossed Senate Bill No. 5789 and asks the House to recede therefrom.

The motion by Senator Bauer carried and the Senate refuses to concur in the House amendment to Engrossed Senate Bill No. 5789 and asks the House to recede therefrom.

MOTION

On motion of Senator Betti Sheldon, the Senate reverted to the third order of business.

MESSAGE FROM THE GOVERNOR

April 16, 1999

To the Honorable President and Members,

The Senate of the State of Washington

Ladies and Gentlemen:

I have the honor to advise you that on April 16, 1999, Governor Locke approved the following Senate Bill entitled:

Senate Bill No. 5734

Relating to Mother Joseph day.

Sincerely,

EVERETT H. BILLINGSLEA, General Counsel.

MOTION

On motion of Senator Betti Sheldon, the Senate advanced to the fifth order of business.

INTRODUCTION AND FIRST READING

SB 6102 by Senators Benton, Bauer, Hale, Loveland, West, Snyder, Honeyford, Gardner, Zarelli and Morton

AN ACT Relating to the taxation by a county of persons residing outside the state who are employed inside the county; adding a new chapter to Title 82 RCW; and providing an effective date.

Referred to Committee on Ways and Means.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

2SHB 1987 by House Committee on Finance (originally sponsored by Representatives Schoesler, Grant and G. Chandler)

Providing tax exemptions and credits to encourage a reduction in agricultural burning of cereal grains and field and turf grass grown for seed.

Referred to Committee on Ways and Means.

SHB 2273 by House Committee on Finance (originally sponsored by Representatives Haigh, Romero, Alexander, Hatfield, DeBolt, Eickmeyer, Wolfe, Rockefeller, Lovick, Lantz and Thomas)

Changing provisions relating to taxation of destroyed property.

Referred to Committee on Ways and Means.

MOTION

At 4:32 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 10:00 a.m., Monday, April 19, 1999.

BRAD OWEN, President of the Senate

TONY M. COOK, Secretary of the Senate