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FIFTY EIGHTH DAY

MORNING SESSION

House Chamber, Olympia, Tuesday, March 7, 2000

The House was called to order at 10:00 a.m. by Speaker Pro Tempore Pennington. The Clerk called the roll and a quorum was present.

The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Josh McBride and Kate Whitmore. Prayer was offered by Pastor Jerry Goebel, United Methodist Church, Granger.

Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.

MESSAGES FROM THE SENATE

March 6, 2000

Mr. Speaker:

The Senate has passed:

HOUSE BILL NO. 3154,

and the same is are herewith transmitted.

Tony M. Cook, Secretary

March 6, 2000

Mr. Speaker:

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

SUBSTITUTE SENATE BILL NO. 5518,

SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5610,

SENATE BILL NO. 6010,

SUBSTITUTE SENATE BILL NO. 6071,

SENATE BILL NO. 6154,

SENATE BILL NO. 6190,

SECOND SUBSTITUTE SENATE BILL NO. 6199,

SUBSTITUTE SENATE BILL NO. 6210,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6217,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6218,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6220,

ENGROSSED SENATE BILL NO. 6236,

SUBSTITUTE SENATE BILL NO. 6244,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6264,

SUBSTITUTE SENATE BILL NO. 6450,

SUBSTITUTE SENATE BILL NO. 6459,

SUBSTITUTE SENATE BILL NO. 6467,

SUBSTITUTE SENATE BILL NO. 6502,

SUBSTITUTE SENATE BILL NO. 6720,

and the same are herewith transmitted.

Tony M. Cook, Secretary

RESOLUTIONS

HOUSE RESOLUTION NO. 2000-4780, by Representatives Alexander, DeBolt, Anderson, Ballard, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Chopp, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, D. Schmidt, Schindler, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood and Woods

WHEREAS, The dedicated men and women who work on our public roads and highways are often at risk of harm to themselves and their coworkers with flagging which is a dangerous activity even for trained professionals; and

WHEREAS, It is the responsibility of drivers to be more alert when driving in construction zones and to pay attention to all signs and flaggers; and

WHEREAS, On February 2, 2000, Sam E. Williams, a Washington state department of transportation worker since 1991, was killed after being struck by a car while flagging for a sign installation project on U.S. Highway 12 near Mossyrock, Washington; and

WHEREAS, Sam E. Williams was born in Chehalis, Washington and lived with his family in Morton, Washington; and

WHEREAS, Sam E. Williams was a dedicated family man who was loved by his wife and their four children, and his other family members, friends, neighbors, and coworkers and will be greatly missed by them; and

WHEREAS, Sam E. Williams had a raucous sense of humor and a love for racing lawn mowers - organizing competitive lawn mower races for the Morton Loggers Jubilee for the last ten years; and

WHEREAS, Sam E. Williams was an avid guitar player and enjoyed going out country dancing with his wife and friends;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington remember the dedicated service of Sam E. Williams and encourage all drivers to drive safely and exercise due caution when driving in or near construction zones; and

BE IT FURTHER RESOLVED, That a copy of this Resolution be immediately transmitted by the Co-Chief Clerks of the House of Representatives to Sam E. Williams' wife, Belle.

Representative Alexander moved adoption of the resolution.

Representatives Alexander, DeBolt and Reardon spoke in favor of the adoption of the resolution.

House Resolution No. 2000-4780 was adopted.

SPEAKER'S PRIVILEGE

The Speaker (Representative Pennington presiding) took a moment to introduce to the Chamber Mr. Williams' wife, Belle, and family and friends of Sam Williams. He asked that the body acknowledge their loss.

HOUSE RESOLUTION NO. 2000-4788, by Representatives Rockefeller, Lantz, Regala, Talcott, Fisher, Stensen, H. Sommers, Kagi, Keiser, Conway, Haigh, Dunshee, Sullivan, Carlson, Schual-Berke, O'Brien, McIntire, Lovick, Tokuda, Morris, Anderson, Pennington, Wensman, Thomas, Hankins, Parlette and Dunn

WHEREAS, Fred T. Haley, a native son of Washington, was born in Tacoma in 1912, graduated from Stadium High School, earned a Bachelor's degree at Dartmouth College, and returned to Tacoma during the Great Depression to work at his father's company, now Brown & Haley, perhaps best known for Almond Roca; and

WHEREAS, In 1942, shortly after the United States entered World War II, Fred T. Haley left Washington to serve with the United States Navy in the Pacific on Bora Bora and on the cruiser, U.S.S. Tuscaloosa; and

WHEREAS, After the War, Fred married Dorothy Geyer of Saginaw, Michigan and returned with her to Tacoma where they raised their four children, Susan, Mark, Evan, and Mimi; and

WHEREAS, Fred T. Haley soon displayed his civic leadership as a member and Chair of the Tacoma School Board, where he played a key role in the Board which refused to fire an employee who invoked his Fifth Amendment rights before the House Un-American Activities Committee and encouraged the hiring of minority teachers and staff in Tacoma schools; and

WHEREAS, Fred T. Haley Chaired the State Citizens Committee for Civil Rights Legislation, and participated in Martin Luther King's mammoth 1963 march on Washington for jobs and freedom, an event that he later described as a "supreme moment in the peacetime history of the nation"; and

WHEREAS, In subsequent years while continuing to serve as Chairman and Chief Executive Officer of Brown & Haley, Mr. Haley's public career included, but was not limited to, membership on the Board of Advisors for the United States Department of Education's Fund for the Improvement of Post Secondary Education, the National Committee for Support of Public Schools, the National Task Force on Higher Education and the Public Interest, and the Boards of Trustees of The Evergreen State College, Linfield College, and Prometheus College; he assumed an active role in the development of the University of Washington's Tacoma Branch Campus, served on the board of the Center for the Study of Capable Youth, and was advisor to the College of Arts and Sciences, the History Department, and the School of Social Work on the University of Washington's Seattle Campus; in 1982 he was appointed Chair of the Washington State Temporary Committee on Educational Policies, Structure and Management, which was created by the Legislature to recommend educational changes from preschool to graduate school, and which he guided through an intensive work and study program for three years; and

WHEREAS, In recognition of his exemplary service and civic activities, Fred T. Haley has received Honorary Doctorates from the University of Puget Sound and Prometheus College, the William O. Douglas Award from the Washington Chapter of the American Civil Liberties Union, and the Good In Government Award from the League of Women Voters Washington Chapter; in 1985, the Citizens Education Center Northwest, of which he was a founding member, established the Frederick T. Haley Award in his honor; and

WHEREAS, For more than half a century, Fred T. Haley has lived and continues to live by the highest ideals of duty and service by steadfastly devoting his time, his resources, and his boundless energies to education, civil rights, social justice, and the public interest in a career that combined his business and public service principles in a rich blend of integrity and dedication; and in so doing Fred T. Haley stands as an example of committed and enlightened citizenship for all of us throughout the State of Washington;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives honor the contributions Fred T. Haley has made towards social justice and to public education in Washington State; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Co-Chief Clerks of the House of Representatives to Fred T. Haley and his family, the Executive Director of the Higher Education Coordinating Board, the Superintendent of Public Instruction, and the President of The Evergreen State College.

Representative Rockefeller moved adoption of the resolution.

Representatives Rockefeller, Talcott, Fisher, Kastama, Conway, Lantz and Regala spoke in favor of the adoption of the resolution.

House Resolution No. 2000-4788 was adopted.

HOUSE RESOLUTION NO. 2000-4784, by Representatives B. Chandler, Lisk, Wensman, Parlette, Pflug and Fortunato

WHEREAS, Wrestling is one of the oldest sports in the world; and

WHEREAS, High school wrestling promotes citizenship and sportsmanship, instills a sense of pride in community, teaches life-long lessons of teamwork and self-discipline, and facilitates the physical and emotional development of our nation's youth; and

WHEREAS, Students who participate in interscholastic activities such as wrestling tend to have higher grade-point averages, better attendance records, lower dropout rates, and fewer discipline problems than other students generally; and

WHEREAS, The 1999-2000 Washington State Interscholastic Activities Association Mat Classic XII Wrestling Championship was the largest wrestling tournament in the United States and featured 896 of the best high school wrestlers in the state of Washington competing in 1680 individual matches; and

WHEREAS, The Zillah High School Leopards wrestling team overwhelmingly won first place in the Class 1 A/B team title for the state of Washington for the second year in a row, beating 52 other schools; and

WHEREAS, The Zillah High School Leopards wrestling team set a new Washington State Interscholastic Activities Association state tournament team scoring record with 226.5 points; and

WHEREAS, The Zillah High School Leopards wrestling team achieved a new state record for number of winning contestants by having 12 team members earn state medals in the 1999-2000 Washington State Interscholastic Activities Association Mat Classic XII Wrestling Championship; and

WHEREAS, This record-setting team was led by an extraordinarily dedicated and skilled head coach, Mr. Darrel White, who was assisted by outstanding assistant coaches, Daniel Robillard and Manual Torrez; and

WHEREAS, The state champion Zillah High School wrestling team members included Ben Sevigny, Venancio Aparicio, Ray Rodriquez, Armando Valadez, Ismael Sanchez, Juan Carlos Baca, Julian Lopez, Nico Rodriguez, Kevin Robillard, Ryan Stonemetz, Tim Phillips, Gene Slack, Steve Elliott, Terry Zapien, Timote Uasike, and Leonel Lustre; and

WHEREAS, The mothers, fathers, and families of the wrestlers, and the coaches, managers, grappler gals, and student body, also made a significant contribution by dedicating their time and energy to support the 1999-2000 state champion Zillah wrestling team;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize and honor these young champions and their coaches for their extraordinary athletic achievements; and

BE IT FURTHER RESOLVED, That the Co-Chief Clerks of the House of Representatives immediately transmit copies of this resolution to the school principal, members and coaches of the Zillah state champion wrestling team, and to the Washington Interscholastic Activities Association.

Representative B. Chandler moved adoption of the resolution.

Representatives B. Chandler, Lisk, Cooper, Schmidt, Dunshee and Radcliff spoke in favor of the adoption of the resolution.

House Resolution No. 2000-4784 was adopted.

HOUSE RESOLUTION NO. 2000-4786, by Representatives Mastin, Grant, Wensman, Carlson, Thomas, Linville, Parlette, Pflug and Talcott

WHEREAS, Community-based mentorship programs are effective in reducing violent crime and promoting improvements in educational achievement, employment, and life skills, particularly with youth who are potential truants under the Becca Bill, youth at risk, youth incarcerated at secure facilities, and adults under the supervision of the Department of Corrections; and

WHEREAS, The Department of Health and Human Services, the Department of Corrections, and the Office of the Superintendent of Public Instruction have partnered with local school districts, sheriffs, prosecutors, and courts to develop and use community-based mentorship programs across the state of Washington;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize the value of community-based mentorship programs and honor all those agencies and those individuals who have given of their time, talent, and energy to make them successful.

Representative Mastin moved adoption of the resolution.

Representative Mastin spoke in favor of the adoption of the resolution.

House Resolution No. 2000-4786 was adopted.

SENATE AMENDMENTS TO HOUSE BILL

March 2, 2000

Mr. Speaker:

The Senate has passed House Bill No. 2353 with the following amendment(s):

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 9.46.210 and 1981 c 139 s 11 are each amended to read as follows:

(1) It shall be the duty of all peace officers, law enforcement officers, and law enforcement agencies within this state to investigate, enforce, and prosecute all violations of this chapter.

(2) In addition to the authority granted by subsection (1) of this section law enforcement agencies of cities and counties shall investigate and report to the commission all violations of the provisions of this chapter and of the rules of the commission found by them and shall assist the commission in any of its investigations and proceedings respecting any such violations. Such law enforcement agencies shall not be deemed agents of the commission.

(3) In addition to its other powers and duties, the commission shall have the power to enforce the penal provisions of chapter 218, Laws of 1973 1st ex. sess. and as it may be amended, and the penal laws of this state relating to the conduct of or participation in gambling activities and the manufacturing, importation, transportation, distribution, possession, and sale of equipment or paraphernalia used or for use in connection therewith. The director, the deputy director, both assistant directors, and each of the commission's investigators, enforcement officers, and inspectors shall have the power, under the supervision of the commission, to enforce the penal provisions of chapter 218, Laws of 1973 1st ex. sess. and as it may be amended, and the penal laws of this state relating to the conduct of or participation in gambling activities and the manufacturing, importation, transportation, distribution, possession, and sale of equipment or paraphernalia used or for use in connection therewith. They shall have the power and authority to apply for and execute all warrants and serve process of law issued by the courts in enforcing the penal provisions of chapter 218, Laws of 1973 1st ex. sess. and as it may be amended, and the penal laws of this state relating to the conduct of or participation in gambling activities and the manufacturing, importation, transportation, distribution, possession, and sale of equipment or paraphernalia used or for use in connection therewith. They shall have the power to arrest without a warrant, any person or persons found in the act of violating any of the penal provisions of chapter 218, Laws of 1973 1st ex. sess. and as it may be amended, and the penal laws of this state relating to the conduct of or participation in gambling activities and the manufacturing, importation, transportation, distribution, possession, and sale of equipment or paraphernalia used or for use in connection therewith. To the extent set forth above, the commission shall be a law enforcement agency of this state with the power to investigate for violations of and to enforce the provisions of this chapter, as now law or hereafter amended, and to obtain information from and provide information to all other law enforcement agencies.

(4) Criminal history record information that includes nonconviction data, as defined in RCW 10.97.030, shall be disseminated by a criminal justice agency to the Washington state gambling commission for any purpose associated with the investigation for suitability for involvement in gambling activities authorized under this chapter. The Washington state gambling commission shall only disseminate nonconviction data obtained under this section to criminal justice agencies."

In line 2 of the title, after "commission;" strike the remainder of the title and insert "and amending RCW 9.46.210."

and the same are herewith transmitted.

Tony M. Cook, Secretary

There being no objection, the House did not concur in the Senate Amendment(s) to House Bill No. 2353 and asked the Senate to recede therefrom.

SENATE AMENDMENTS TO HOUSE BILL

March 2, 2000

Mr. Speaker:

The Senate has passed Substitute House Bill No. 2378 with the following amendment(s)

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 15.58.030 and 1992 c 170 s 1 are each amended to read as follows:

As used in this chapter the words and phrases defined in this section shall have the meanings indicated unless the context clearly requires otherwise.

(1) "Active ingredient" means any ingredient which will prevent, destroy, repel, control, or mitigate pests, or which will act as a plant regulator, defoliant, desiccant, or spray adjuvant.

(2) "Antidote" means the most practical immediate treatment in case of poisoning and includes first aid treatment.

(3) "Arthropod" means any invertebrate animal that belongs to the phylum arthropoda, which in addition to insects, includes allied classes whose members are wingless and usually have more than six legs; for example, spiders, mites, ticks, centipedes, and isopod crustaceans.

(4) "Defoliant" means any substance or mixture of substances intended to cause the leaves or foliage to drop from a plant with or without causing abscission.

(5) "Department" means the Washington state department of agriculture.

(6) "Desiccant" means any substance or mixture of substances intended to artificially accelerate the drying of plant tissues.

(7) "Device" means any instrument or contrivance intended to trap, destroy, control, repel, or mitigate pests, or to destroy, control, repel or mitigate fungi, nematodes, or such other pests, as may be designated by the director, but not including equipment used for the application of pesticides when sold separately from the pesticides.

(8) "Director" means the director of the department or a duly authorized representative.

(9) "Distribute" means to offer for sale, hold for sale, sell, barter, or supply pesticides in this state.

(10) "EPA" means the United States environmental protection agency.

(11) "EPA restricted use pesticide" means any pesticide with restricted uses as classified for restricted use by the administrator, EPA.

(12) "FIFRA" means the federal insecticide, fungicide, and rodenticide act as amended (61 Stat. 163, 7 U.S.C. Sec. 136 et seq.).

(13) "Fungi" means all nonchlorophyll-bearing thallophytes (all nonchlorophyll-bearing plants of a lower order than mosses and liverworts); for example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in living persons or other animals.

(14) "Fungicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any fungi.

(15) "Herbicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any weed.

(16) "Inert ingredient" means an ingredient which is not an active ingredient.

(17) "Ingredient statement" means a statement of the name and percentage of each active ingredient together with the total percentage of the inert ingredients in the pesticide, and when the pesticide contains arsenic in any form, the ingredient statement shall also include percentages of total and water soluble arsenic, each calculated as elemental arsenic. In the case of a spray adjuvant the ingredient statement need contain only the names of the principal functioning agents and the total percentage of the constituents ineffective as spray adjuvants. If more than three functioning agents are present, only the three principal ones need by named.

(18) "Insect" means any of the numerous small invertebrate animals whose bodies are more or less obviously segmented, and which for the most part belong to the class insecta, comprising six-legged, usually winged forms, for example, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, for example, spiders, mites, ticks, centipedes, and isopod crustaceans.

(19) "Insecticide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any insects which may be present in any environment whatsoever.

(20) "Inspection control number" means a number obtained from the department that is recorded on wood destroying organism inspection reports issued by a structural pest inspector in conjunction with the transfer, exchange, or refinancing of any structure.

(21) "Label" means the written, printed, or graphic matter on, or attached to, the pesticide, device, or immediate container, and the outside container or wrapper of the retail package.

(((21))) (22) "Labeling" means all labels and other written, printed, or graphic matter:

(a) Upon the pesticide, device, or any of its containers or wrappers;

(b) Accompanying the pesticide, or referring to it in any other media used to disseminate information to the public; and

(c) To which reference is made on the label or in literature accompanying or referring to the pesticide or device except when accurate nonmisleading reference is made to current official publications of the department, United States departments of agriculture; interior; education; health and human services; state agricultural colleges; and other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides.

(((22))) (23) "Land" means all land and water areas, including airspace and all plants, animals, structures, buildings, devices and contrivances, appurtenant thereto or situated thereon, fixed or mobile, including any used for transportation.

(((23))) (24) "Master license system" means the mechanism established by chapter 19.02 RCW by which master licenses, endorsed for individual state-issued licenses, are issued and renewed using a master application and a master license expiration date common to each renewable license endorsement.

(((24))) (25) "Nematocide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate nematodes.

(((25))) (26) "Nematode" means any invertebrate animal of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, and inhabiting soil, water, plants or plant parts, may also be called nemas or eelworms.

(((26))) (27) "Person" means any individual, partnership, association, corporation, or organized group of persons whether or not incorporated.

(((27))) (28) "Pest" means, but is not limited to, any insect, rodent, nematode, snail, slug, weed and any form of plant or animal life or virus, except virus on or in a living person or other animal, which is normally considered to be a pest or which the director may declare to be a pest.

(((28))) (29) "Pest control consultant" means any individual who acts as a structural pest ((control)) inspector, who sells or offers for sale at other than a licensed pesticide dealer outlet or location where they are employed, or who offers or supplies technical advice, supervision, or aid, or makes recommendations to the user of:

(a) Highly toxic pesticides, as determined under RCW 15.58.040;

(b) EPA restricted use pesticides or restricted use pesticides which are restricted by rule to distribution by licensed pesticide dealers only; or

(((29))) (30) "Pesticide" means, but is not limited to:

(a) Any substance or mixture of substances intended to prevent, destroy, control, repel, or mitigate any insect, rodent, snail, slug, fungus, weed, and any other form of plant or animal life or virus, except virus on or in a living person or other animal which is normally considered to be a pest or which the director may declare to be a pest;

(b) Any substance or mixture of substances intended to be used as a plant regulator, defoliant or desiccant; and

(((30))) (31) "Pesticide advisory board" means the pesticide advisory board as provided for in the Washington pesticide application act.

(((31))) (32) "Pesticide dealer" means any person who distributes any of the following pesticides:

(a) Highly toxic pesticides, as determined under RCW 15.58.040;

(b) EPA restricted use pesticides or restricted use pesticides which are restricted by rule to distribution by licensed pesticide dealers only; or

(((32))) (33) "Pesticide dealer manager" means the owner or other individual supervising pesticide distribution at one outlet holding a pesticide dealer license.

(((33))) (34) "Plant regulator" means any substance or mixture of substances intended through physiological action, to accelerate or retard the rate of growth or maturation, or to otherwise alter the behavior of ornamental or crop plants or their produce, but shall not include substances insofar as they are intended to be used as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments.

(((34))) (35) "Registrant" means the person registering any pesticide under the provisions of this chapter.

(((35))) (36) "Restricted use pesticide" means any pesticide or device which, when used as directed or in accordance with a widespread and commonly recognized practice, the director determines, subsequent to a hearing, requires additional restrictions for that use to prevent unreasonable adverse effects on the environment including people, lands, beneficial insects, animals, crops, and wildlife, other than pests.

(((36))) (37) "Rodenticide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate rodents, or any other vertebrate animal which the director may declare by rule to be a pest.

(((37))) (38) "Spray adjuvant" means any wetting agent, spreading agent, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier, or similar agent with or without toxic properties of its own, intended to be used with any other pesticide as an aid to the application or to the effect of the pesticide, and which is in a package or container separate from that of the pesticide with which it is to be used.

(((38))) (39) "Special local needs registration" means a registration issued by the director pursuant to provisions of section 24(c) of FIFRA.

(((39))) (40) "Structural pest ((control)) inspector" means any individual who performs the service of inspecting a building for wood destroying organisms, their damage, or conditions conducive to their infestation.

(((40))) (41) "Unreasonable adverse effects on the environment" means any unreasonable risk to people or the environment taking into account the economic, social, and environmental costs and benefits of the use of any pesticide, or as otherwise determined by the director.

(((41))) (42) "Weed" means any plant which grows where not wanted.

(43) "Wood destroying organism inspection report" means any written document that reports or comments on the presence or absence of wood destroying organisms, their damage, and/or conducive conditions leading to the establishment of such organisms.

NEW SECTION. Sec. 2. A new section is added to chapter 15.58 RCW to read as follows:

It is unlawful for any person to issue a wood destroying organism inspection report, prepared in conjunction with the transfer, exchange, or refinancing of any structure, without recording a unique inspection control number on the wood destroying organism inspection report. All wood destroying organism inspection reports completed by the same inspector, relating to a single transfer, exchange, or refinance, shall bear the same unique inspection control number. The responsibility to record the unique inspection control number on the report under this section lies solely with the person issuing the wood destroying organism inspection report.

NEW SECTION. Sec. 3. A new section is added to chapter 15.58 RCW to read as follows:

(1) The director shall not issue a license to any person who intends to act as a structural pest inspector until the person has furnished evidence of financial responsibility.

(2) Evidence of financial responsibility shall consist of either a surety bond or an errors and omissions insurance policy or certification thereof, protecting persons who may suffer legal damages as a result of actions by the structural pest inspector. The director shall not accept a surety bond or insurance policy except from authorized insurers in this state.

(3) Evidence of financial responsibility shall be supplied to the department on a financial responsibility insurance certificate or surety bond form.

NEW SECTION. Sec. 4. A new section is added to chapter 15.58 RCW to read as follows:

(1) The following requirements apply to the amount of surety bond or insurance required for structural pest inspectors.

(a) The amount of the surety bond or errors and omissions insurance, as provided for in section 3 of this act, shall be not less than twenty-five thousand dollars and fifty thousand dollars respectively. The surety bond or insurance policy shall be maintained at not less than the required sum at all times during the licensed period.

(b) The director shall be notified ten days before any reduction of insurance coverage at the request of the applicant or cancellation of the surety bond or insurance by the surety or insurer and by the insured.

(c) The total and aggregate of the surety and insurer for all claims is limited to the face of the surety bond or insurance policy. The director may accept a surety bond or insurance policy in the proper sum that has a deductible clause in an amount not exceeding five thousand dollars for the total amount of surety bond or insurance required by this section. If the applicant has not satisfied the requirement of the deductible amount in any prior legal claim the deductible clause shall not be accepted by the director unless the applicant furnishes the director with a surety bond or insurance policy which shall satisfy the amount of the deductible as to all claims that may arise.

(2) Insurance policies must be written on an occurrence basis.

(3) Insurance policies shall have a minimum three-year occurrence clause.

NEW SECTION. Sec. 5. A new section is added to chapter 15.58 RCW to read as follows:

Whenever a structural pest inspector's surety bond or insurance policy is reduced below the requirements of section 4 of this act, or whenever the person has failed to provide evidence of financial responsibility as required by section 3 of this act by the expiration date of the previous surety bond or insurance policy, the director shall immediately suspend the person's structural pest inspector license until the person's surety bond or insurance policy again meets the requirements of section 4 of this act.

Sec. 6. RCW 15.58.150 and 1991 c 264 s 3 are each amended to read as follows:

(1) It is unlawful for any person to distribute within the state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any of the following:

(a) Any pesticide which has not been registered pursuant to the provisions of this chapter;

(b) Any pesticide if any of the claims made for it or any of the directions for its use or other labeling differs from the representations made in connection with its registration, or if the composition of a pesticide differs from its composition as represented in connection with its registration: PROVIDED, That at the discretion of the director, a change in the labeling or formula of a pesticide may be made within a registration period without requiring reregistration of the product;

(c) Any pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container and there is affixed to such container, and to the outside container or wrapper of the retail package, if there is one through which the required information on the immediate container cannot be clearly read, a label bearing the information required in this chapter and the rules adopted under this chapter;

(d) Any pesticide including arsenicals, fluorides, fluosilicates, and/or any other white powdered pesticides unless they have been distinctly denatured as to color, taste, odor, or form if so required by rule;

(e) Any pesticide which is adulterated or misbranded, or any device which is misbranded;

(f) Any pesticide in containers, violating rules adopted pursuant to RCW 15.58.040(2)(f) or pesticides found in containers which are unsafe due to damage.

(2) It shall be unlawful:

(a) To sell or deliver any pesticide to any person who is required by law or rules promulgated under such law to be certified, licensed, or have a permit to use or purchase the pesticide unless such person or the person's agent, to whom sale or delivery is made, has a valid certification, license, or permit to use or purchase the kind and quantity of such pesticide sold or delivered: PROVIDED, That, subject to conditions established by the director, such permit may be obtained immediately prior to sale or delivery from any person designated by the director;

(b) For any person to detach, alter, deface or destroy, wholly or in part, any label or labeling provided for in this chapter or rules adopted under this chapter, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of this chapter or the rules adopted thereunder;

(c) For any person to use or cause to be used any pesticide contrary to label directions or to regulations of the director if those regulations differ from or further restrict the label directions: PROVIDED, The compliance to the term "contrary to label directions" is enforced by the director consistent with the intent of this chapter;

(d) For any person to use for his or her own advantage or to reveal, other than to the director or proper officials or employees of the state, or to the courts of the state in response to a subpoena, or to physicians, or in emergencies to pharmacists and other qualified persons for use in the preparation of antidotes, any information relative to formulas of products acquired by authority of RCW 15.58.060;

(e) For any person to make false, misleading, or erroneous statements or reports concerning any pest during or after a pest inspection or to fail to comply with criteria established by rule for structural pest ((control)) inspections;

(f) For any person to make false, misleading, or erroneous statements or reports in connection with any pesticide complaint or investigation;

(g) For any person to advertise that the person is a licensed structural pest inspector without having a valid pest control consultant license in the category of structural pest inspector.

Sec. 7. RCW 15.58.233 and 1997 c 242 s 10 are each amended to read as follows:

(1) The director may renew any license issued under this chapter subject to the recertification standards identified in subsection (2) of this section or an examination requiring new knowledge that may be required to apply pesticides.

(2) Except as provided in subsection (3) of this section, all individuals licensed under this chapter shall meet the recertification standards identified in (a) or (b) of this subsection, every five years, in order to qualify for continuing licensure.

(a) ((Licensed pesticide applicators)) Individuals licensed under this chapter may qualify for continued licensure through accumulation of recertification credits. Individuals licensed under this chapter shall accumulate a minimum of forty department-approved credits every five years with no more than fifteen credits allowed per year.

(b) ((Licensed pesticide applicators)) Individuals licensed under this chapter may qualify for continued licensure through meeting the examination requirements necessary to become licensed in those areas in which the licensee operates.

(3) At the termination of a licensee's five-year recertification period, the director may waive the recertification requirements if the licensee can demonstrate that he or she is meeting comparable recertification standards through another state or jurisdiction or through a federal environmental protection agency-approved government agency plan.

Sec. 8. RCW 15.58.040 and 1997 c 242 s 1 are each amended to read as follows:

(1) The director shall administer and enforce the provisions of this chapter and rules adopted under this chapter. All the authority and requirements provided for in chapter 34.05 RCW (Administrative Procedure Act) and chapter 42.30 RCW shall apply to this chapter in the adoption of rules including those requiring due notice and a hearing for the adoption of permanent rules.

(2) The director is authorized to adopt appropriate rules for carrying out the purpose and provisions of this chapter, including but not limited to rules providing for:

(a) Declaring as a pest any form of plant or animal life or virus which is injurious to plants, people, animals (domestic or otherwise), land, articles, or substances;

(b) Determining that certain pesticides are highly toxic to people. For the purpose of this chapter, highly toxic pesticide means any pesticide that conforms to the criteria in 40 C.F.R. Sec. 156.10 for toxicity category I due to oral inhalation or dermal toxicity. The director shall publish a list of all pesticides, determined to be highly toxic, by their common or generic name and their trade or brand name if practical. Such list shall be kept current and shall, upon request, be made available to any interested party;

(d) The collection and examination of samples of pesticides or devices;

(e) The safe handling, transportation, storage, display, distribution, and disposal of pesticides and their containers;

(f) Restricting or prohibiting the use of certain types of containers or packages for specific pesticides. These restrictions may apply to type of construction, strength, and/or size to alleviate danger of spillage, breakage, misuse, or any other hazard to the public. The director shall be guided by federal regulations concerning pesticide containers;

(g) Procedures in making of pesticide recommendations;

(h) Adopting a list of restricted use pesticides for the state or for designated areas within the state if the director determines that such pesticides may require rules restricting or prohibiting their distribution or use. The director may include in the rule the time and conditions of distribution or use of such restricted use pesticides and may, if it is found necessary to carry out the purpose and provisions of this chapter, require that any or all restricted use pesticides shall be purchased, possessed, or used only under permit of the director and under the director's direct supervision in certain areas and/or under certain conditions or in certain quantities or concentrations. The director may require all persons issued such permits to maintain records as to the use of all the restricted use pesticides;

(i) Label requirements of all pesticides required to be registered under provisions of this chapter;

(j) Regulating the labeling of devices;

(k) The establishment of criteria governing the conduct of a structural pest ((control)) inspection; and

(l) Declaring crops, when grown to produce seed specifically for crop reproduction purposes, to be nonfood and/or nonfeed sites of pesticide application. The director may include in the rule any restrictions or conditions regarding: (i) The application of pesticides to the designated crops; and (ii) the disposition of any portion of the treated crop.

(3) For the purpose of uniformity and to avoid confusion endangering the public health and welfare the director may adopt rules in conformity with the primary pesticide standards, particularly as to labeling, established by the United States environmental protection agency or any other federal agency.

Sec. 9. RCW 15.58.210 and 1997 c 242 s 6 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, no individual may perform services as a pest control consultant without obtaining a license from the director. The license shall expire annually on a date set by rule by the director. Except as provided in subsection (3) of this section, no individual may act as a structural pest ((control)) inspector without first obtaining from the director a pest control consultant license in the special category of structural pest ((control)) inspector. Application for a license shall be on a form prescribed by the director and shall be accompanied by a fee of forty-five dollars.

(2) The following are exempt from the licensing requirements of subsection (1) of this section when acting within the authorities of their existing licenses issued under chapter 17.21 RCW: Licensed commercial pesticide applicators and operators; licensed private-commercial applicators; and licensed demonstration and research applicators. The following are also exempt from the licensing requirements of subsection (1) of this section: Employees of federal, state, county, or municipal agencies when acting in their official governmental capacities; and pesticide dealer managers and employees working under the direct supervision of the pesticide dealer manager and only at a licensed pesticide dealer's outlet.

(3) The following are exempt from the structural pest ((control)) inspector licensing requirement: Individuals inspecting for damage caused by wood destroying organisms if such inspections are solely for the purpose of: (a) Repairing or making specific recommendations for the repair of such damage, or (b) assessing a monetary value for the structure inspected. Individuals performing wood destroying organism inspections that incorporate but are not limited to the activities described in (a) or (b) of this subsection are not exempt from the structural pest ((control)) inspector licensing requirement.

NEW SECTION. Sec. 10. This act takes effect July 1, 2000."

On page 1, line 1 of the title, after "inspections;" strike the remainder of the title and insert "amending RCW 15.58.030, 15.58.150, 15.58.233, 15.58.040, and 15.58.210; adding new sections to chapter 15.58 RCW; prescribing penalties; providing an effective date; and providing an expiration date."

and the same are herewith transmitted.

Tony M. Cook, Secretary

There being no objection, the House concurred in the Senate amendment(s) to Substitute House Bill No. 2378 and advanced the bill as amended by the Senate to final passage.

Representative G. Chandler spoke in favor of final passage of the bill.

FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute House Bill No. 2378 as amended by the Senate.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2378 as amended by the Senate and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 98.

Substitute House Bill No. 2378, as amended by the Senate, having received the constitutional majority, was declared passed.

There being no objection, the House deferred action on House Bill No. 2400.

SENATE AMENDMENTS TO HOUSE BILL

March 2, 2000

Mr. Speaker:

The Senate has passed Substitute House Bill No. 2491 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 10.73 RCW to read as follows:

(1) On or before December 31, 2002, a person in this state who has been sentenced to death or life imprisonment without possibility of release or parole and who has been denied postconviction DNA testing may submit a request to the county prosecutor in the county where the conviction was obtained for postconviction DNA testing, if DNA evidence was not admitted because the court ruled DNA testing did not meet acceptable scientific standards or DNA testing technology was not sufficiently developed to test the DNA evidence in the case. On and after January 1, 2003, a person must raise the DNA issues at trial or on appeal.

(2) The prosecutor shall screen the request. The request shall be reviewed based upon the likelihood that the DNA evidence would demonstrate innocence on a more probable than not basis. Upon determining that testing should occur and the evidence still exists, the prosecutor shall request DNA testing by the Washington state patrol crime laboratory. Contact with victims shall be handled through victim/witness divisions.

(3) A person denied a request made pursuant to subsections (1) and (2) of this section has a right to appeal his or her request within thirty days of denial of the request by the prosecutor. The appeal shall be to the attorney general's office. If the attorney general's office determines that it is likely that the DNA testing would demonstrate innocence on a more probable than not basis, then the attorney general's office shall request DNA testing by the Washington state patrol crime laboratory.

NEW SECTION. Sec. 2. By December 1, 2001, the office of public defense shall prepare a report detailing the following: (1) The number of postconviction DNA test requests approved by the respective prosecutor; (2) the number of postconviction DNA test requests denied by the respective prosecutor and a summary of the basis for the denials; (3) the number of appeals for postconviction DNA testing approved by the attorney general's office; (4) the number of appeals for postconviction DNA testing denied by the attorney general's office and a summary of the basis for the denials; and (5) a summary of the results of the postconviction DNA tests conducted pursuant to section 1 (2) and (3) of this act. The report shall also provide an estimate of the number of persons convicted of crimes where DNA evidence was not admitted because the court ruled DNA testing did not meet acceptable scientific standards or where DNA testing technology was not sufficiently developed to test the DNA evidence in the case.

Sec. 3. RCW 10.37.050 and 1891 c 28 s 29 are each amended to read as follows:

The indictment or information is sufficient and will toll any statute of limitations if it can be understood therefrom--

(1) That it is entitled in a court having authority to receive (([it.])) it;

(2) That it was found by a grand jury or prosecuting attorney of the county in which the court was held;

(3) That the defendant is named, or if his name cannot be discovered, that he is described by a fictitious name or by reference to a unique genetic sequence of deoxyribonucleic acid, with the statement that his real name is ((to the jury)) unknown;

(4) That the crime was committed within the jurisdiction of the court, except where, as provided by law, the act, though done without the county in which the court is held, is triable therein;

(5) That the crime was committed at some time previous to the finding of the indictment or filing of the information, and within the time limited by law for the commencement of an action therefor;

(6) That the act or omission charged as the crime is clearly and distinctly set forth in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended;

(7) The act or omission charged as the crime is stated with such a degree of certainty as to enable the court to pronounce judgment upon a conviction according to the right of the case.

NEW SECTION. Sec. 4. Nothing in this act is intended to create a legal right or cause of action. Nothing in this act is intended to deny or alter any existing legal right or cause of action. Nothing in this act should be interpreted to deny postconviction DNA testing requests under existing law by convicted and incarcerated persons who were sentenced to confinement for a term less than life or the death penalty."

On page 1, line 1 of the title, after "evidence;" strike the remainder of the title and insert "amending RCW 10.37.050; adding a new section to chapter 10.73 RCW; and creating new sections."

and the same are herewith transmitted.

Tony M. Cook, Secretary

There being no objection, the House did not concur in the Senate Amendment(s) to Substitute House Bill No. 2491 and asked the Senate to recede therefrom.

SENATE AMENDMENTS TO HOUSE BILL

March 2, 2000

Mr. Speaker:

The Senate has passed Engrossed Second Substitute House Bill No. 2588 with the following amendment(s)

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Department" means the department of social and health services.

(2) "Domestic violence fatality" means a homicide or suicide under any of the following circumstances:

(a) The alleged perpetrator and victim resided together at any time;

(b) The alleged perpetrator and victim have a child in common;

(d) The alleged perpetrator had been stalking the victim;

(e) The homicide victim lived in the same household, was present at the workplace of, was in proximity of, or was related by blood or affinity to a victim who experienced or was threatened with domestic abuse by the alleged perpetrator; or

(f) The victim or perpetrator was a child of a person in a relationship that is described within this subsection.

This subsection should be interpreted broadly to give the domestic violence fatality review panels discretion to review fatalities that have occurred directly to domestic relationships.

NEW SECTION. Sec. 2. (1) Subject to the availability of state funds, the department shall contract with an entity with expertise in domestic violence policy and education and with a state-wide perspective to coordinate review of domestic violence fatalities. The coordinating entity shall be authorized to:

(a) Convene regional review panels;

(b) Gather information for use of regional review panels;

(d) Compile information and issue biennial reports with recommendations; and

(e) Establish a protocol that may be used as a guideline for identifying domestic violence related fatalities, forming review panels, convening reviews, and selecting which cases to review. The coordinating entity may also establish protocols for data collection and preservation of confidentiality.

(2)(a) The coordinating entity may convene a regional domestic violence fatality review panel to review any domestic violence fatality.

(b) Private citizens may request a review of a particular death by submitting a written request to the coordinating entity within two years of the death. Of these, the appropriate regional review panel may review those cases which fit the criteria set forth in the protocol for the project.

NEW SECTION. Sec. 3. (1) Regional domestic violence fatality review panels shall include but not be limited to:

(a) Medical personnel with expertise in domestic violence abuse;

(b) Coroners or medical examiners or others experienced in the field of forensic pathology, if available;

(d) Domestic violence shelter service staff and domestic violence victims' advocates;

(e) Law enforcement personnel;

(f) Local health department staff;

(g) Child protective services workers;

(h) Community corrections professionals;

(i) Perpetrator treatment program provider; and

(j) Judges, court administrators, and/or their representatives.

(2) Regional domestic violence fatality review panels may also invite other relevant persons to serve on an ad hoc basis and participate as full members of the review team for a particular review. These persons may include, but are not limited to:

(a) Individuals with particular expertise helpful to the regional review panel;

(b) Representatives of organizations or agencies that had contact with or provided services to the homicide victim or to the alleged perpetrator.

(3) The regional review panels shall make periodic reports to the coordinating entity and shall make a final report to the coordinating entity with regard to every fatality that is reviewed.

NEW SECTION. Sec. 4. (1) An oral or written communication or a document shared within or produced by a regional domestic violence fatality review panel related to a domestic violence fatality review is confidential and not subject to disclosure or discoverable by a third party. An oral or written communication or a document provided by a third party to a regional domestic violence fatality review panel, or between a third party and a regional domestic violence fatality review panel is confidential and not subject to disclosure or discovery by a third party. Notwithstanding the foregoing, recommendations from the regional domestic violence fatality review panel and the coordinating entity generally may be disclosed minus personal identifiers.

(2) The regional review panels, only to the extent otherwise permitted by law or court rule, shall have access to information and records regarding the domestic violence victims and perpetrators under review held by domestic violence perpetrators' treatment providers; dental care providers; hospitals, medical providers, and pathologists; coroners and medical examiners; mental health providers; lawyers; the state and local governments; the courts; and employers. The coordinating entity and the regional review panels shall maintain the confidentiality of such information to the extent required by any applicable law.

(3) The regional review panels shall review, only to the extent otherwise permitted by law or court rule when determined to be relevant and necessary to an investigation, guardian ad litem reports, parenting evaluations, and victim impact statements; probation information; mental health evaluations done for court; presentence interviews and reports, and any recommendations made regarding bail and release on own recognizance; child protection services, welfare, and other information held by the department; any law enforcement incident documentation, such as incident reports, dispatch records, victim, witness, and suspect statements, and any supplemental reports, probable cause statements, and 911 call taker's reports; corrections and postsentence supervision reports; and any other information determined to be relevant to the review. The coordinating entity and the regional review panels shall maintain the confidentiality of such information to the extent required by any applicable law.

NEW SECTION. Sec. 5. If acting in good faith, without malice, and within the parameters of this chapter and the protocols established, representatives of the coordinating entity and the regional domestic violence fatality review panels are immune from civil liability for an activity related to reviews of particular fatalities.

NEW SECTION. Sec. 6. Within available funds, data regarding each domestic violence fatality review shall be collected on standard forms created by the coordinating entity. Data collected on reviewed fatalities shall be compiled and analyzed for the purposes of identifying points at which the system response to domestic violence could be improved and identifying patterns in domestic violence fatalities.

NEW SECTION. Sec. 7. (1) A biennial state-wide report shall be issued by the coordinating entity in December of even-numbered years containing recommendations on policy changes that would improve program performance, and issues identified through the work of the regional panels. Copies of this report shall be distributed to the governor, the house of representatives children and family services and criminal justice and corrections committees, and the senate human services and corrections and judiciary committees and to those agencies involved in the regional domestic violence fatality review panels.

(2) The annual report in December 2010 shall contain a recommendation as to whether or not the domestic violence review process provided for in this chapter should continue or be terminated by the legislature.

NEW SECTION. Sec. 8. Sections 1 through 7 of this act constitute a new chapter in Title 43 RCW.

NEW SECTION. Sec. 9. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

NEW SECTION. Sec. 10. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2000, in the omnibus appropriations act, this act is null and void."

On page 1, line 1 of the title, after "reviews;" strike the remainder of the title and insert "adding a new chapter to Title 43 RCW; and creating new sections."

and the same are herewith transmitted.

Tony M. Cook, Secretary

There being no objection, the House concurred in the Senate amendment(s) to Engrossed Second Substitute House Bill No. 2588 and advanced the bill as amended by the Senate to final passage.

Representative Tokuda spoke in favor of final passage of the bill.

FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 2588 as amended by the Senate.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2588 as amended by the Senate and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Engrossed Second Substitute House Bill No. 2588, as amended by the Senate, having received the constitutional majority, was declared passed.

SENATE AMENDMENTS TO HOUSE BILL

March 1, 2000

Mr. Speaker:

The Senate has passed Substitute House Bill No. 2604 with the following amendment(s)

On page 6, after line 25, insert the following:

"NEW SECTION. Sec. 3. No later than July 1, 2000, the department of retirement systems shall allow a member who: (1) Has attained ninety years of age, and (2) elected to receive a reduced retirement allowance under RCW 41.32.530 and designated a nonspouse as survivor beneficiary, the opportunity to remove the survivor designation and have their future benefit adjusted."

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

On page 1, line 3 of the title, after "41.40.660;" insert "creating a new section;"

On page 16, after line 25, insert the following:

"Sec. 8. RCW 43.43.278 and 1999 c 74 s 4 are each amended to read as follows:

By July 1, 2000, the department of retirement systems shall adopt rules that allow a member to select((, in lieu of benefits under RCW 43.43.270,)) an actuarially equivalent retirement option that pays the member a reduced retirement allowance and upon death shall be continued throughout the life of a lawful surviving spouse. The continuing allowance to the lawful surviving spouse shall be subject to the yearly increase provided by RCW 43.43.260(5) in lieu of the annual increase provided in RCW 43.43.272. The allowance to the lawful surviving spouse under this section, and the allowance for an eligible child or children under RCW 43.43.270, shall not be subject to the limit for combined benefits under RCW 43.43.270."

Renumber the remaining section.

On page 1, line 3 of the title, strike "and 41.40.660" and insert "41.40.660, and 43.43.278"

and the same are herewith transmitted.

Tony M. Cook, Secretary

There being no objection, the House concurred in the Senate amendment(s) to Substitute House Bill No. 2604 and advanced the bill as amended by the Senate to final passage.

FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute House Bill No. 2604 as amended by the Senate.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2604 as amended by the Senate and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Substitute House Bill No. 2604, as amended by the Senate, having received the constitutional majority, was declared passed.

SENATE AMENDMENTS TO HOUSE BILL

March 1, 2000

Mr. Speaker:

The Senate has passed Second Substitute House Bill No. 2637 with the following amendment(s)

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 43.43.832 and 1997 c 392 s 524 are each amended to read as follows:

(1) The legislature finds that businesses and organizations providing services to children, developmentally disabled persons, and vulnerable adults need adequate information to determine which employees or licensees to hire or engage. The legislature further finds that many developmentally disabled individuals and vulnerable adults desire to hire their own employees directly and also need adequate information to determine which employees or licensees to hire or engage. Therefore, the Washington state patrol criminal identification system shall disclose, upon the request of a business or organization as defined in RCW 43.43.830, a developmentally disabled person, or a vulnerable adult as defined in RCW 43.43.830 or his or her guardian, an applicant's record for convictions of offenses against children or other persons, convictions for crimes relating to financial exploitation, but only if the victim was a vulnerable adult, adjudications of child abuse in a civil action, the issuance of a protection order against the respondent under chapter 74.34 RCW, and disciplinary board final decisions and any subsequent criminal charges associated with the conduct that is the subject of the disciplinary board final decision.

(2) The legislature also finds that the state board of education may request of the Washington state patrol criminal identification system information regarding a certificate applicant's record for convictions under subsection (1) of this section.

(3) The legislature also finds that law enforcement agencies, the office of the attorney general, prosecuting authorities, and the department of social and health services may request this same information to aid in the investigation and prosecution of child, developmentally disabled person, and vulnerable adult abuse cases and to protect children and adults from further incidents of abuse.

(4) The legislature further finds that the department of social and health services must consider the information listed in subsection (1) of this section in the following circumstances:

(a) When considering persons for state ((positions directly responsible for the care, supervision, or treatment of children, developmentally disabled persons, or vulnerable adults)) employment in positions directly responsible for the supervision, care, or treatment of children, vulnerable adults, or individuals with mental illness or developmental disabilities;

(b) When considering persons for state positions involving unsupervised access to vulnerable adults to conduct comprehensive assessments, financial eligibility determinations, licensing and certification activities, investigations, surveys, or case management; or for state positions otherwise required by federal law to meet employment standards;

(c) When licensing agencies or facilities with individuals in positions directly responsible for the care, supervision, or treatment of children, developmentally disabled persons, or vulnerable adults, including but not limited to agencies or facilities licensed under chapter 74.15 or 18.51 RCW;

(((c))) (d) When contracting with individuals or businesses or organizations for the care, supervision, case management, or treatment of children, developmentally disabled persons, or vulnerable adults, including but not limited to services contracted for under chapter 18.20, 18.48, 70.127, 70.128, 72.36, or 74.39A RCW or Title 71A RCW;

(e) When individual providers are paid by the state or providers are paid by home care agencies to provide in-home services involving unsupervised access to persons with physical, mental, or developmental disabilities or mental illness, or to vulnerable adults as defined in chapter 74.34 RCW, including but not limited to services provided under chapter 74.39 or 74.39A RCW.

(5) Whenever a state conviction record check is required by state law, persons may be employed or engaged as volunteers or independent contractors on a conditional basis pending completion of the state background investigation. Whenever a national criminal record check through the federal bureau of investigation is required by state law, a person may be employed or engaged as a volunteer or independent contractor on a conditional basis pending completion of the national check. The Washington personnel resources board shall adopt rules to accomplish the purposes of this subsection as it applies to state employees.

(6)(a) For purposes of facilitating timely access to criminal background information and to reasonably minimize the number of requests made under this section, recognizing that certain health care providers change employment frequently, health care facilities may, upon request from another health care facility, share copies of completed criminal background inquiry information.

(b) Completed criminal background inquiry information may be shared by a willing health care facility only if the following conditions are satisfied: The licensed health care facility sharing the criminal background inquiry information is reasonably known to be the person's most recent employer, no more than twelve months has elapsed from the date the person was last employed at a licensed health care facility to the date of their current employment application, and the criminal background information is no more than two years old.

(c) If criminal background inquiry information is shared, the health care facility employing the subject of the inquiry must require the applicant to sign a disclosure statement indicating that there has been no conviction or finding as described in RCW 43.43.842 since the completion date of the most recent criminal background inquiry.

(d) Any health care facility that knows or has reason to believe that an applicant has or may have a disqualifying conviction or finding as described in RCW 43.43.842, subsequent to the completion date of their most recent criminal background inquiry, shall be prohibited from relying on the applicant's previous employer's criminal background inquiry information. A new criminal background inquiry shall be requested pursuant to RCW 43.43.830 through 43.43.842.

(e) Health care facilities that share criminal background inquiry information shall be immune from any claim of defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of this information in accordance with this subsection.

(f) Health care facilities shall transmit and receive the criminal background inquiry information in a manner that reasonably protects the subject's rights to privacy and confidentiality.

(g) For the purposes of this subsection, "health care facility" means a nursing home licensed under chapter 18.51 RCW, a boarding home licensed under chapter 18.20 RCW, or an adult family home licensed under chapter 70.128 RCW.

(7) If a federal bureau of investigation check is required in addition to the state background check by the department of social and health services, an applicant who is not disqualified based on the results of the state background check shall be eligible for a one hundred twenty day provisional approval to hire, pending the outcome of the federal bureau of investigation check. The department may extend the provisional approval until receipt of the federal bureau of investigation check. If the federal bureau of investigation check disqualifies an applicant, the department shall notify the requestor that the provisional approval to hire is withdrawn and the applicant may be terminated.

Sec. 2. RCW 43.20A.710 and 1999 c 336 s 7 are each amended to read as follows:

(1) The secretary shall investigate the conviction records, pending charges or disciplinary board final decisions of:

(a) Persons being considered for state employment in positions directly responsible for the supervision, care, or treatment of children, vulnerable adults, or individuals with mental illness or developmental disabilities; ((and))

(b) Persons being considered for state employment in positions involving unsupervised access to vulnerable adults to conduct comprehensive assessments, financial eligibility determinations, licensing and certification activities, investigations, surveys, or case management; or for state positions otherwise required by federal law to meet employment standards;

(c) Individual providers who are paid by the state ((for)) and providers who are paid by home care agencies to provide in-home services ((and hired by individuals)) involving unsupervised access to persons with physical ((disabilities)), mental, or developmental disabilities((,)) or mental illness, or ((mental impairment)) to vulnerable adults as defined in chapter 74.34 RCW, including but not limited to services provided under chapter 74.39 or 74.39A RCW; and

(d) Individuals or businesses or organizations for the care, supervision, case management, or treatment of children, developmentally disabled persons, or vulnerable adults, including but not limited to services contracted for under chapter 18.20, 18.48, 70.127, 70.128, 72.36, or 74.39A RCW or Title 71A RCW.

(2) The investigation may include an examination of state and national criminal identification data. The secretary shall use the information solely for the purpose of determining the character, suitability, and competence of these applicants.

(3) An individual provider or home care agency provider who has resided in the state less than three years before applying for employment involving unsupervised access to a vulnerable adult as defined in chapter 74.34 RCW must be fingerprinted for the purpose of investigating conviction records both through the Washington state patrol and the federal bureau of investigation. This subsection applies only with respect to the provision of in-home services funded by medicaid personal care under RCW 74.09.520, community options program entry system waiver services under RCW 74.39A.030, or chore services under RCW 74.39A.110. However, this subsection does not supersede RCW 74.15.030(2)(b).

(4) An individual provider or home care agency provider hired to provide in-home care for and having unsupervised access to a vulnerable adult as defined in chapter 74.34 RCW must have no conviction for a disqualifying crime under RCW 43.43.830 and 43.43.842. An individual or home care agency provider must also have no conviction for a crime relating to drugs as defined in RCW 43.43.830. This subsection applies only with respect to the provision of in-home services funded by medicaid personal care under RCW 74.09.520, community options program entry system waiver services under RCW 74.39A.030, or chore services under RCW 74.39A.110.

(5) The secretary shall provide the results of the ((state)) background check on individual providers to the ((individuals with physical disabilities, developmental disabilities, mental illness, or mental impairment)) persons hiring them or to their legal guardians, if any, for their determination of the character, suitability, and competence of the applicants. If ((an individual)) the person elects to hire or retain an individual provider after receiving notice from the department that the applicant has a conviction for an offense that would disqualify the applicant from ((employment with the department)) having unsupervised access to persons with physical, mental, or developmental disabilities or mental illness, or to vulnerable adults as defined in chapter 74.34 RCW, then the secretary shall deny payment for any subsequent services rendered by the disqualified individual provider.

(((4))) (6) Criminal justice agencies shall provide the secretary such information as they may have and that the secretary may require for such purpose.

Sec. 3. RCW 74.39A.050 and 1999 c 336 s 5 are each amended to read as follows:

The department's system of quality improvement for long-term care services shall use the following principles, consistent with applicable federal laws and regulations:

(1) The system shall be client-centered and promote privacy, independence, dignity, choice, and a home or home-like environment for consumers consistent with chapter 392, Laws of 1997.

(2) The goal of the system is continuous quality improvement with the focus on consumer satisfaction and outcomes for consumers. This includes that when conducting licensing inspections, the department shall interview an appropriate percentage of residents, family members, resident managers, and advocates in addition to interviewing providers and staff.

(3) Providers should be supported in their efforts to improve quality and address identified problems initially through training, consultation, technical assistance, and case management.

(4) The emphasis should be on problem prevention both in monitoring and in screening potential providers of service.

(5) Monitoring should be outcome based and responsive to consumer complaints and a clear set of health, quality of care, and safety standards that are easily understandable and have been made available to providers.

(6) Prompt and specific enforcement remedies shall also be implemented without delay, pursuant to RCW 74.39A.080, RCW 70.128.160, chapter 18.51 RCW, or chapter 74.42 RCW, for providers found to have delivered care or failed to deliver care resulting in problems that are serious, recurring, or uncorrected, or that create a hazard that is causing or likely to cause death or serious harm to one or more residents. These enforcement remedies may also include, when appropriate, reasonable conditions on a contract or license. In the selection of remedies, the safety, health, and well-being of residents shall be of paramount importance.

(7) To the extent funding is available, all long-term care staff directly responsible for the care, supervision, or treatment of vulnerable persons should be screened through background checks in a uniform and timely manner to ensure that they do not have a criminal history that would disqualify them from working with vulnerable persons. Whenever a state conviction record check is required by state law, persons may be employed or engaged as volunteers or independent contractors on a conditional basis according to law and rules adopted by the department.

(8) No provider or staff, or prospective provider or staff, with a stipulated finding of fact, conclusion of law, an agreed order, or finding of fact, conclusion of law, or final order issued by a disciplining authority, a court of law, or entered into a state registry finding him or her guilty of abuse, neglect, exploitation, or abandonment of a minor or a vulnerable adult as defined in chapter 74.34 RCW shall be employed in the care of and have unsupervised access to vulnerable adults.

(9) ((The department shall establish, by rule, a state registry which contains identifying information about personal care aides identified under this chapter who have substantiated findings of abuse, neglect, financial exploitation, or abandonment of a vulnerable adult as defined in RCW 74.34.020. The rule must include disclosure, disposition of findings, notification, findings of fact, appeal rights, and fair hearing requirements. The department shall disclose, upon request, substantiated findings of abuse, neglect, financial exploitation, or abandonment to any person so requesting this information.

(10))) The department shall by rule develop training requirements for individual providers and home care agency providers. The department shall deny payment to an individual provider or a home care provider who does not complete the training requirement within the time limit specified by the department by rule.

(((11))) (10) The department shall establish, by rule, training, background checks, and other quality assurance requirements for personal aides who provide in-home services funded by medicaid personal care as described in RCW 74.09.520, community options program entry system waiver services as described in RCW 74.39A.030, or chore services as described in RCW 74.39A.110 that are equivalent to requirements for individual providers.

(((12))) (11) Under existing funds the department shall establish internally a quality improvement standards committee to monitor the development of standards and to suggest modifications.

(((13))) (12) Within existing funds, the department shall design, develop, and implement a long-term care training program that is flexible, relevant, and qualifies towards the requirements for a nursing assistant certificate as established under chapter 18.88A RCW. This subsection does not require completion of the nursing assistant certificate training program by providers or their staff. The long-term care teaching curriculum must consist of a fundamental module, or modules, and a range of other available relevant training modules that provide the caregiver with appropriate options that assist in meeting the resident's care needs. Some of the training modules may include, but are not limited to, specific training on the special care needs of persons with developmental disabilities, dementia, mental illness, and the care needs of the elderly. No less than one training module must be dedicated to workplace violence prevention. The nursing care quality assurance commission shall work together with the department to develop the curriculum modules. The nursing care quality assurance commission shall direct the nursing assistant training programs to accept some or all of the skills and competencies from the curriculum modules towards meeting the requirements for a nursing assistant certificate as defined in chapter 18.88A RCW. A process may be developed to test persons completing modules from a caregiver's class to verify that they have the transferable skills and competencies for entry into a nursing assistant training program. The department may review whether facilities can develop their own related long-term care training programs. The department may develop a review process for determining what previous experience and training may be used to waive some or all of the mandatory training. The department of social and health services and the nursing care quality assurance commission shall work together to develop an implementation plan by December 12, 1998.

Sec. 4. RCW 74.34.095 and 1999 c 176 s 17 are each amended to read as follows:

(1) The following information is confidential and not subject to disclosure, except as provided in this section:

(a) A report of abandonment, abuse, financial exploitation, or neglect made under this chapter;

(b) The identity of the person making the report; and

(c) All files, reports, records, communications, and working papers used or developed in the investigation or provision of protective services.

(2) Information considered confidential may be disclosed only for a purpose consistent with this chapter or as authorized by chapter 18.20, 18.51, or 74.39A RCW, or as authorized by the long-term care ombudsman programs under federal law or state law, chapter 43.190 RCW.

(3) A court or presiding officer in an administrative proceeding may order disclosure of confidential information only if the court, or presiding officer in an administrative proceeding, determines that disclosure is essential to the administration of justice and will not endanger the life or safety of the vulnerable adult or individual who made the report. The court or presiding officer in an administrative hearing may place restrictions on such disclosure as the court or presiding officer deems proper.

Sec. 5. RCW 74.39A.095 and 1999 c 175 s 3 are each amended to read as follows:

(1) In carrying out case management responsibilities established under RCW 74.39A.090 for consumers who are receiving services under the medicaid personal care, community options programs entry system or chore services program through an individual provider, each area agency on aging shall provide adequate oversight of the care being provided to consumers receiving services under this section. Such oversight shall include, but is not limited to:

(a) Verification that the individual provider has met any training requirements established by the department;

(b) Verification of a sample of worker time sheets;

(d) Reassessment and reauthorization of services;

(e) Monitoring of individual provider performance; and

(f) Conducting criminal background checks or verifying that criminal background checks have been conducted.

(2) The area agency on aging case manager shall work with each consumer to develop a plan of care under this section that identifies and ensures coordination of health and long-term care services that meet the consumer's needs. In developing the plan, they shall utilize, and modify as needed, any comprehensive community service plan developed by the department as provided in RCW 74.39A.040. The plan of care shall include, at a minimum:

(a) The name and telephone number of the consumer's area agency on aging case manager, and a statement as to how the case manager can be contacted about any concerns related to the consumer's well-being or the adequacy of care provided;

(b) The name and telephone numbers of the consumer's primary health care provider, and other health or long-term care providers with whom the consumer has frequent contacts;

(c) A clear description of the roles and responsibilities of the area agency on aging case manager and the consumer receiving services under this section;

(d) The duties and tasks to be performed by the area agency on aging case manager and the consumer receiving services under this section;

(e) The type of in-home services authorized, and the number of hours of services to be provided;

(f) The terms of compensation of the individual provider;

(g) A statement that the individual provider has the ability and willingness to carry out his or her responsibilities relative to the plan of care; and

(h)(i) Except as provided in (h)(ii) of this subsection, a clear statement indicating that a consumer receiving services under this section has the right to waive any of the case management services offered by the area agency on aging under this section, and a clear indication of whether the consumer has, in fact, waived any of these services.

(ii) The consumer's right to waive case management services does not include the right to waive reassessment or reauthorization of services, or verification that services are being provided in accordance with the plan of care.

(3) Each area agency on aging shall retain a record of each waiver of services included in a plan of care under this section.

(4) Each consumer has the right to direct and participate in the development of their plan of care to the maximum practicable extent of their abilities and desires, and to be provided with the time and support necessary to facilitate that participation.

(5) A copy of the plan of care must be distributed to the consumer's primary care provider, individual provider, and other relevant providers with whom the consumer has frequent contact, as authorized by the consumer.

(6) The consumer's plan of care shall be an attachment to the contract between the department, or their designee, and the individual provider.

(7) If the department or area agency on aging case manager finds that an individual provider's inadequate performance or inability to deliver quality care is jeopardizing the health, safety, or well-being of a consumer receiving service under this section, the department or the area agency on aging may take action to terminate the contract between the department and the individual provider. If the department or the area agency on aging has a reasonable, good faith belief that the health, safety, or well-being of a consumer is in imminent jeopardy, the department or area agency on aging may summarily suspend the contract pending a fair hearing. The consumer may request a fair hearing to contest the planned action of the case manager, as provided in chapter 34.05 RCW. The department may by rule adopt guidelines for implementing this subsection.

(8) The department or area agency on aging may reject a request by ((an [a])) a consumer receiving services under this section to have a family member or other person serve as his or her individual provider if the case manager has a reasonable, good faith belief that the family member or other person will be unable to appropriately meet the care needs of the consumer. The consumer may request a fair hearing to contest the decision of the case manager, as provided in chapter 34.05 RCW. The department may by rule adopt guidelines for implementing this subsection."

On page 1, line 2 of the title, after "adults;" strike the remainder of the title and insert "amending RCW 43.43.832, 43.20A.710, 74.39A.050, 74.34.095, and 74.39A.095."

and the same are herewith transmitted.

Tony M. Cook, Secretary

There being no objection, the House concurred in the Senate amendment(s) to Second Substitute House Bill No. 2637 and advanced the bill as amended by the Senate to final passage.

Representative Tokuda spoke in favor of final passage of the bill.

There being no objection, the House deferred action on Second Substitute House Bill No. 2637.

SENATE AMENDMENTS TO HOUSE BILL

March 3, 2000

Mr. Speaker:

The Senate has passed Substitute House Bill No. 2670 with the following amendment(s)

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 70.95.215 and 1985 c 436 s 1 are each amended to read as follows:

(1) By July 1, 1987, each holder or applicant of a permit for a landfill disposal facility issued under this chapter shall establish a reserve account to cover the costs of closing the facility in accordance with state and federal regulations. The account shall be designed to ensure that there will be adequate revenue available by the projected date of closure. A landfill disposal ((facilities)) facility maintained on private property for the sole use of the entity owning the site and a landfill disposal facility operated and maintained by a government shall not be required to establish a reserve account if, to the satisfaction of the department, ((they)) the entity or government provides another form of financial assurance adequate to comply with the requirements of this section.

(2) By July 1, 1986, the department shall adopt rules under chapter 34.05 RCW to implement subsection (1) of this section. The department is not required to adopt rules pertaining to other approved forms of financial assurance to cover the costs of closing a landfill disposal facility. The rules shall include but not be limited to:

(a) Methods to estimate closure costs, including postclosure monitoring, pollution prevention measures, and any other procedures required under state and federal regulations;

(b) Methods to ensure that reserve accounts receive adequate funds, including:

(i) Requirements that the reserve account be generated by user fees. However, the department may waive this requirement for existing landfills if user fees would be prohibitively high;

(ii) Requirements that moneys be placed in the reserve account on a regular basis and that the reserve account be kept separate from all other accounts; and

(iii) Procedures for the department to verify that adequate sums are deposited in the reserve account; and

(c) Methods to ensure that other types of financial assurance provided in accordance with subsection (1) of this section are adequate to cover the costs of closing the facility.

NEW SECTION. Sec. 2. (1) The state solid waste advisory committee shall direct a study by the department of ecology on the adequacy of financing to assure landfill closure. The study shall include, but is not limited to:

(a) A clear description of the financial assurance mechanisms authorized by law;

(b) A summary of current financial assurances for landfill closure currently in place for all landfills in the state. The department shall compile this information from existing sources such as capital facilities plans authorized under the growth management act, local government solid waste management plans and budgets, and financial audits by the state auditor. The summary shall include, but shall not be limited to:

(i) The estimated cost to close the landfill facility and the years to closure;

(ii) The financial mechanisms approved by the jurisdictional health department or the department to assure landfill closure; and

(iii) The status of financial mechanisms, including account balance, loans against, or encumbrances on the financial mechanisms; and

(2) The report shall include recommendations for modifying requirements for financing mechanisms to assure landfill closure and maintaining and reporting information on the status of financial assurances. The solid waste advisory committee shall provide the report to the legislature by December 15, 2000."

On page 1, line 2 of the title, after "facilities;" strike the remainder of the title and insert "amending RCW 70.95.215; and creating a new section."

and the same are herewith transmitted.

Tony M. Cook, Secretary

There being no objection, the House concurred in the Senate amendment(s) to Substitute House Bill No. 2670 and advanced the bill as amended by the Senate to final passage.

Representatives Delvin and Cooper spoke in favor of final passage of the bill.

FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute House Bill No. 2670 as amended by the Senate.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2670 as amended by the Senate and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Substitute House Bill No. 2670, as amended by the Senate, having received the constitutional majority, was declared passed.

SENATE AMENDMENTS TO HOUSE BILL

March 3, 2000

Mr. Speaker:

The Senate has passed House Joint Memorial No. 4026 with the following amendment(s)

Beginning on page 1, after line 9, strike the remainder of the joint memorial and insert the following:

"WHEREAS, The state of Washington has embarked on a major salmon recovery effort as reflected in significant legislation enacted in 1998 and 1999; and

WHEREAS, The state of Washington has formulated a state-wide strategy to recover salmon; and

WHEREAS, The state of Washington has spent and is prepared to spend millions of dollars to protect and restore salmon populations; and

WHEREAS, The state of Washington is aggressively pursuing salmon recovery through a comprehensive undertaking in partnerships with federal agencies, Indian tribal nations, local governments, nonprofit organizations, and others; and

WHEREAS, The national marine fisheries service has listed under the federal endangered species act a number of salmon species that live in evolutionarily significant units within Washington state; and

WHEREAS, Predation by certain migratory birds such as the Caspian Tern is widely viewed as a significant issue for recovery of listed fish species throughout Washington inland and coastal waters; and

WHEREAS, The federal migratory bird treaty act of 1918, 16 U.S.C.A. Sec. 703 et seq., has proven ineffective in managing migratory bird predation on salmonids; and

WHEREAS, Washington's efforts toward salmon recovery, while addressing nearly all the factors that have led to the decline of salmon, cannot currently, because of federal law, effectively address predation by these migratory birds; and

WHEREAS, Public confidence and support of Washington's salmon recovery efforts will be diminished unless the interaction among migratory birds and salmonid populations is better understood and site-specific conflicts are addressed;

NOW, THEREFORE, Your Memorialists respectfully pray that Congress pass legislation that amends the federal migratory bird treaty act of 1918, 16 U.S.C.A. Sec. 703 et seq., to provide a more effective means to allow for the protection and restoration of salmonid populations.

Congress is further urged to:

(1) Fund joint federal and state research on migratory and resident predatory bird interactions with salmonids, especially site-specific investigations to determine the significance of migratory and resident bird predation on adult and juvenile salmonids for stock recovery, and to develop a cohesive conservation plan that balances protection of both migratory and resident birds and salmonids;

(2) Grant at least limited management authority for state and federal agencies to remove those migratory and resident birds preying on listed fish stocks at areas of restricted fish passage;

(3) Prohibit the relocation of predatory bird nesting areas that could result in shifting predation to salmonid stocks that need recovery in other geographic areas.

BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable William J. Clinton, President of the United States, the United States House of Representatives Committee on Resources, the United States Senate Committee on Commerce, Science, and Transportation, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington."

and the same are herewith transmitted.

Tony M. Cook, Secretary

There being no objection, the House concurred in the Senate amendment(s) to House Joint Memorial 4026 and advanced the memorial as amended by the Senate to final passage.

Representatives Doumit and Buck spoke in favor of final passage of the memorial.

FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of House Joint Memorial 4026 as amended by the Senate.

ROLL CALL

The Clerk called the roll on the final passage of House Joint Memorial 4026 as amended by the Senate and the memorial passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

House Joint Memorial 4026, as amended by the Senate, having received the constitutional majority, was declared passed.

MESSAGE FROM THE SENATE

March 7, 2000

Mr. Speaker:

The President has signed:

SUBSTITUTE SENATE BILL NO. 5518,

SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5610,

SENATE BILL NO. 6010,

SUBSTITUTE SENATE BILL NO. 6071,

SENATE BILL NO. 6154,

SENATE BILL NO. 6190,

SECOND SUBSTITUTE SENATE BILL NO. 6199,

SUBSTITUTE SENATE BILL NO. 6210,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6217,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6218,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6220,

ENGROSSED SENATE BILL NO. 6236,

SUBSTITUTE SENATE BILL NO. 6244,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6264,

SUBSTITUTE SENATE BILL NO. 6450,

SUBSTITUTE SENATE BILL NO. 6459,

SUBSTITUTE SENATE BILL NO. 6467,

SUBSTITUTE SENATE BILL NO. 6502,

SUBSTITUTE SENATE BILL NO. 6720,

and the same are herewith transmitted.

Tony M. Cook, Secretary

SENATE AMENDMENTS TO HOUSE BILL

March 2, 2000

Mr. Speaker:

The Senate has passed House Bill No. 2686 with the following amendment(s)

On page 8, after line 11, insert the following:

"Sec. 2. RCW 74.09.530 and 1979 c 141 s 345 are each amended to read as follows:

The amount and nature of medical assistance and the determination of eligibility of recipients for medical assistance shall be the responsibility of the department of social and health services. The department shall establish reasonable standards of assistance and resource and income exemptions which shall be consistent with the provisions of the Social Security Act and with the regulations of the secretary of health, education and welfare for determining eligibility of individuals for medical assistance and the extent of such assistance to the extent that funds are available from the state and federal government. The department shall not consider resources in determining continuing eligibility for recipients eligible under section 1931 of the social security act."

On page 1, line 1 of the title, after "resources;" insert "amending RCW 74.09.530;"

and the same are herewith transmitted.

Tony M. Cook, Secretary

There being no objection, the House concurred in the Senate amendment(s) to House Bill No. 2686 and advanced the bill as amended by the Senate to final passage.

Representatives Tokuda and D. Sommers spoke in favor of final passage of the bill.

FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of House Bill No. 2686 as amended by the Senate.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2686 as amended by the Senate and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

House Bill No. 2686, as amended by the Senate, having received the constitutional majority, was declared passed.

RESOLUTIONS

HOUSE RESOLUTION NO. 2000-4790, by Representatives Carlson, Kenney, Alexander, Anderson, Ballard, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, B. Chandler, G. Chandler, Chopp, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, D. Schmidt, Schindler, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood and Woods

WHEREAS, The students selected for special recognition as Washington Scholars in 2000 have distinguished themselves as exceptional students, student leaders, and as talented and enthusiastic participants in many diverse activities including art, debate, drama, honor societies, interscholastic sports, Junior Achievement, knowledge competitions, music, and student government; and

WHEREAS, These exemplary students have also contributed to the welfare of those less fortunate in their neighborhoods through volunteer efforts with community service organizations such as the United Way, Special Olympics, March of Dimes, Big Brothers, Big Sisters, community food drives, senior centers, scouting, and church groups; and

WHEREAS, The state of Washington benefits greatly from the accomplishments of these caring and gifted individuals, not only in their roles as students, but also as citizens, role models for other young people, and future leaders of our communities and our state; and

WHEREAS, Through the Washington Scholars Program, the Governor, the Legislature, and the state's citizens have an opportunity to recognize and honor three outstanding seniors from each of the state's forty-nine legislative districts for the students' exceptional academic achievements, leadership abilities, and contributions to their communities;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives honor and congratulate the Washington Scholars for their hard work, dedication, contributions, and maturity in achieving this significant accomplishment; and

BE IT FURTHER RESOLVED, That the families of these students be commended for the encouragement and support they have provided to the scholars; and

BE IT FURTHER RESOLVED, That the principals, teachers, and classmates of these highly esteemed students be recognized for the important part they played in helping the scholars to learn, contribute, lead, and excel; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Co-Chief Clerks of the House of Representatives to each of the Washington Scholars selected in 2000.

There being no objection, House Resolution No. 2000-4790 was adopted.

HOUSE RESOLUTION NO. 2000-4787, by Representatives Mastin and Grant

WHEREAS, It is the policy of the Washington State Legislature to recognize excellence in all fields of endeavor; and

WHEREAS, The Touchet High School Indians Football Team exhibited the highest level of excellence in winning the 1999 Washington State High School "B-8" Championship, with a final championship game score of 42-36 over Neah Bay High School; and

WHEREAS, The Touchet High School Indians Football Team has an outstanding record, with the longest active winning streak (24 games) in the state of Washington, the 1999 "B-8" Championship being their second consecutive state championship and undefeated (12-0) season, their third state championship in the last six years, their fourth appearance in the state championship game in the last six years, and their fourth state championship overall; and

WHEREAS, The Touchet High School Indians Football Team demonstrated amazing skill and admirable sportsmanship in achieving these outstanding accomplishments; and

WHEREAS, Head Coach Wayne Dickey and Assistant Coaches Gary Dorman, LeLand Weber, and Donny Weaver, and all the players share in the Touchet High School Football Team's success by combining outstanding coaching with outstanding playing; and

WHEREAS, The Touchet High School Indians Football Team includes: Nathan Carlisle, All State Defense, 1st Team All Conference, Most Improved; Jeremiah Schuetze, Honor Student; Steven Alexenko, Honor Student; Darren Riggle, Honor Student; Nick Jaggar; Jose Godinez; Timothy Dickey, All State Offense, 1st Team All Conference, letters in three sports, Honor Student; Gerardo Solis, 2nd Team All Conference; Nick Tucker, Honor Student; Lincoln Short; Andrew Corla, All State Defense, 2nd Team All Conference, Team Captain, letters in three sports, ASB President (two years), Yearbook editor, Honor Student; Eric Lomell; George Martinez; Adam Sumpter, All State Defense, 1st Team All Conference, Team Captain; William Fowler; Josh Burrowes; Sergio Pedroza; Johnny Brown, Honor Student; Brandon Ingham, All State Defense, 2nd Team All Conference, Honor Student; Kevin Weaver; Chris Plucker, Honor Student; Christopher Fowler; John Davis; Luis Pedroza; Jarrad Miller, Honor Student; Tim Wagoner, 1st Team All Conference, letters in three sports, Honor Student; Todd Slater, All State Offense and Defense, 1st Team All Conference, Team Captain, Most Inspirational, National Honor Society President (two years); Steve Hudson; Tim Henrichs; and Toby Slater; and

WHEREAS, All these extraordinary accomplishments could not have been achieved without the support and encouragement of all the students, cheerleaders, band members, faculty, staff, alumni, families, friends, community members, and fans who backed them all the way; and

WHEREAS, The inspiring individual and team achievements of the 1999 Touchet High School Indians Football Team will always be remembered when commemorating their winning year; and

WHEREAS, The victorious Touchet High School Indians Football Team is a source of great pride to all the citizens of the state of Washington;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives honor the 1999 Touchet High School Indians Football Team; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Co-Chief Clerks of the House of Representatives to the 1999 Touchet High School Indians Football Team Heid Coach Wayne Dickey, Touchet High School Principal Mark Heid, and School District Superintendent Dr. Samuel Gerla.

There being no objection, House Resolution No. 2000-4787 was adopted.

HOUSE RESOLUTION NO. 2000-4781, by Representatives Quall, Morris, Anderson and Barlean

WHEREAS, The beautiful Skagit Valley is the tulip capital of the Northwest; and

WHEREAS, Every April the tulips are in bloom, celebrating the beginning of spring; and

WHEREAS, The Skagit Valley Tulip Festival begins the festival season in Washington state; and

WHEREAS, This year's seventeenth annual event will run from March 31st through April 16th, focusing on the communities of Sedro-Woolley, Burlington, Anacortes, La Conner, Mount Vernon, Concrete, and Conway; and

WHEREAS, This year's Tulip Festival Ambassadors will ably and personably perform their responsibilities as representatives of this festival; and

WHEREAS, More than half a million people visited the Skagit Valley Tulip Festival last year, participating in the joy and excitement of this annual event, and contributing to the economy of the Skagit Valley; and

WHEREAS, This year's visitors will be greeted by more than one thousand five hundred acres of tulips reflecting all the colors of the rainbow, the fullness of life in the valley, and its wonderful people; and

WHEREAS, Highlights of the event include the Kiwanis Annual Salmon Barbeque, the Tulip Pedal Bike Ride, the Tulip 10k Slug Run/Walk, the Downtown Mount Vernon Street Fair, and much more;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives salute the seven communities of the Skagit Valley, their Chambers of Commerce, Skagit Valley Tulip Festival Ambassadors, and the Tulip Festival Committee for their Skagit Valley Tulip Festival; and

BE IT FURTHER RESOLVED, That the House of Representatives commend the community leaders and corporate sponsors for the success of this important event and encourage citizens from across Washington state to take the time to enjoy this spectacular display; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Co-Chief Clerks of the House of Representatives to Audrey Smith, Tulip Festival Executive Director, and the Skagit Valley Tulip Festival Ambassadors.

There being no objection, House Resolution No. 2000-4781 was adopted.

SENATE AMENDMENTS TO HOUSE BILL

March 1, 2000

Mr. Speaker:

The Senate has passed Substitute House Bill No. 2392 with the following amendment(s)

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that while government services are provided to the citizens of the state of Washington through many mechanisms, the most prevalent delivery of services occurs through city, county, or state government actions. Increased demand for these services and limited revenue to meet those services have led to unproductive competition between cities, counties, and the state for the revenue that is collected and shared between cities, counties, and the state.

Therefore, the legislature finds that there is a need to evaluate the delivery of government services, the allotment of revenues, and the collection and distribution of various fines and forfeitures through the establishment of a joint task force on local governments.

NEW SECTION. Sec. 2. (1) The joint task force on local governments is created, to consist of seventeen members including:

(a) The following four members of the house of representatives or their designees: (i) The chair and ranking minority member or the cochairs of the committee on appropriations; and (ii) the chair and ranking minority member or the cochairs of the committee on local government;

(b) The following four members of the senate or their designees: (i) The chair and the ranking minority member of the committee on ways and means; and (ii) the chair and ranking minority member of the committee on state and local government;

(d) Four members from the association of Washington cities;

(e) Two members from the Washington state association of counties; and

(f) Two members from the Washington association of county officials.

(2) The nonlegislative members of the task force shall serve without compensation, but will be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Legislative members of the task force will be reimbursed for travel expenses as provided in RCW

44.04.120. The staff of senate committee services and the office of program research of the house of representatives shall provide support to the task force.

(3) The task force must be cochaired by one senator, chosen by the task force, and one state representative, chosen by the task force, from opposite political parties. The cochairs shall appoint experts and advisors as nonvoting members of the task force to provide information on various subjects, including but not limited to special purpose districts and public employee unions. The task force shall establish rules of procedure at its first meeting.

NEW SECTION. Sec. 3. The joint task force on local governments shall:

(1) Complete a thorough study of the delivery of government services, allotment of revenues, and collection and distribution of various fines and forfeitures; and

(2) Commence the study by July 1, 2000, present an interim report of its findings and any recommendations to the legislature by January 30, 2001, and present a final report, including proposed legislation, addressing its recommendations to the legislature by January 1, 2002.

NEW SECTION. Sec. 4. This act expires March 30, 2002."

On page 1, line 2 of the title, after "services;" strike the remainder of the title and insert "creating new sections; and providing an expiration date."

and the same are herewith transmitted.

Tony M. Cook, Secretary

There being no objection, the House did not concur in the Senate Amendment(s) to Substitute House Bill No. 2392 and asked the Senate to recede therefrom.

MESSAGE FROM THE SENATE

March 6, 2000

Mr. Speaker:

The President of the Senate ruled the House amendment(s) to SENATE BILL NO. 5739 beyond the scope and object of the bill. The Senate refuses to concur in the House amendment(s), and asks the House to recede therefrom, and the same is herewith transmitted.

Tony M. Cook, Secretary

There being no objection, the House receded from its amendment(s) to Senate Bill No. 5739 and advanced the bill to final passage.

Representatives Cody and Parlette spoke in favor of final passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 5739.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 5739 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Senate Bill No. 5739, having received the constitutional majority, was declared passed.

There being no objection, the House advanced to the eleventh order of business.

There being no objection, the House adjourned until 10:00 a.m., Wednesday, March 8, 2000, the 59^th Legislative Day.

TIMOTHY A. MARTIN, Chief Clerk CLYDE BALLARD, Speaker

CYNTHIA ZEHNDER, Chief Clerk FRANK CHOPP, Speaker