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FIFTY NINTH DAY
MORNING SESSION
House Chamber, Olympia, Wednesday, March 8, 2000
The House was called to order at 10:00 a.m. by Speaker Pro Tempore Ogden. 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 Shauna Walsh and Ryan Kenny. Prayer was offered by Representative John Pennington.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
RESOLUTIONS
HOUSE RESOLUTION NO. 2000-4794, by Representatives Carlson, Wensman, Skinner, Hankins, Linville, McDonald, Thomas, Dunn and Talcott
WHEREAS, It is essential that all citizens become more aware of the critical need for organ donations and transplantation; and
WHEREAS, There are currently over 42,000 courageous Americans awaiting a lifesaving organ transplant with 8 to 10 individuals losing their lives each day because of the shortage of donations; and
WHEREAS, Every 18 minutes a new name is added to the national organ transplant waiting list; and
WHEREAS, The thousands of good people who are in need of an organ donation and transplant unnecessarily suffer along with their loved ones and friends while waiting for a compatible donation and transplantation; and
WHEREAS, Today it is possible to transplant approximately 25 different organs and tissues, including liver, bone, bone marrow, cartilage, cornea, hearts, kidney, lung, and pancreas; and
WHEREAS, 18,000 organ transplants are performed each year, affording individuals the opportunity to once again lead normal and productive lives with most living healthy lives more than 5 years after surgery; and
WHEREAS, Acceptable organ donors can range in age from newborn to senior citizens; and
WHEREAS, Because of advances in medical technology and improved preservation techniques, donors in good health who have died suddenly - often through an accident - may have organs that can continue to function and be donated and transplanted to preserve the health or save the life of another person; and
WHEREAS, Vital organs may be procured, preserved, and transported hundreds of miles to a recipient center for transplantation; and
WHEREAS, There are 69 organ procurement organizations across the country which provide procurement services to the 278 transplant centers nationwide; and
WHEREAS, It is possible for the organs, tissues, and corneas of a single donor to help or save as many as 25 other people; and
WHEREAS, An individual may indicate his or her wish to be a donor by signing a Uniform Organ Donor Card which can be obtained free of charge from doctors, pharmacies, and hospitals or by calling 1-800/24-DONOR; and
WHEREAS, Donation of organs is an opportunity to save lives at no cost to the donor or donor's family with all costs being paid by the recipient; and
WHEREAS, Non-Alcohol Steato-Hepatitis (NASH) is a rare liver disease which has no known cause, occurs among people who have never abused alcohol or drugs, affects only 5% of those with liver diseases, and has no cure; and
WHEREAS, Certain cherished individuals suffer from Non-Alcohol Steato-Hepatitis (NASH) which is a terminal condition unless these valued persons receive a liver donation and transplant;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives express sincere encouragement to those in need of an organ donation and transplant, recognize the urgent and compelling need for organ donations and transplants, urge everyone who can to obtain and complete an organ donation card, and ask all the people of the state of Washington to voluntarily contribute resources to organ donation organizations nationwide.
Representative Carlson moved adoption of the resolution.
Representative Carlson spoke in favor of the adoption of the resolution.
House Resolution No. 2000-4794 was adopted.
HOUSE RESOLUTION NO. 2000-4785, by Representatives Pennington, Ogden, Carlson, Kenney, Boldt, Mielke, Dunn, Van Luven, Wensman, Skinner, Hankins, Esser, Linville, Thomas, Hatfield, D. Schmidt and Lambert
WHEREAS, It is the policy of the House of Representatives to recognize excellence in all fields of endeavor; and
WHEREAS, Albert Bauer has honorably served the people of his community, his Legislative District, and the state of Washington with extraordinary excellence; and
WHEREAS, Albert Bauer was born in Lewistown, Montana in 1928; and
WHEREAS, Albert Bauer attended Clark Community College, 1948-1954 (service interrupted), graduated from Portland State College in 1957 with a B.A. in Political Science and History, and graduated from Oregon State College in 1958 with a Master's Degree in Education; and
WHEREAS, Albert Bauer was employed as a teacher in the La Center School District, 1958-1961, and the Vancouver School District, 1961-80; and
WHEREAS, Albert Bauer served in the Washington State House of Representatives as State Representative from the 49th Legislative District, 1971-1980; and
WHEREAS, Albert Bauer served as House Democratic Caucus Chairman, 1977-1980, and as K-12 Education Committee Chairman, 1973-1977; and
WHEREAS, Albert Bauer served in the Washington State Senate as State Senator from 1981 through the present with his term expiring in January 2001; and
WHEREAS, Albert Bauer served in Senate Legislative Leadership, including Senate Vice President Pro Tempore, 1999-2000, Senate Democratic Deputy Leader, 1991-1992, Senate Democratic Floor Leader, 1987-1990, and Senate Vice President Pro Tempore, 1986-87; and
WHEREAS, Albert Bauer served on many special committees, including Joint Legislative Audit and Review Committee (JLARC), 1989-present, K-20 Telecommunications Oversight & Policy Committee, 1996-present, Governor's Higher Education Task Force, 1995-1998, Joint Committee on Pension Policy, 1994-present, Governor's Committee on School Drop-outs, 1988-91, Governor's Special Levy Committee, 1987-88, Committee on Energy and Utilities, 1987-88, Legislative Systems Committee, 1987-88, Joint Select Committee on Juvenile Justice, 1987-88, and Higher Education/K-12 Study Committee on Policy, Management, and Structure (Paramount Duty), 1982-84; and
WHEREAS, Albert Bauer has received many honors and recognitions, including Six Years U.S. Navy, Good Conduct Korean Theater, United Nations Medals, Washington State School Principals' Legislator of the Year Award, Mother Joseph Legislative Award, Betty Sharff Memorial Award, HOSTS Corporation, Personal Commitment to Improve Education, Phi Delta Kappa Award, Bauer Hall, Clark College, dedicated 1988, and Washington State Educational Service District's Walter G. Turner Award; and
WHEREAS, Albert Bauer has been involved in many civic groups and activities, including American Legion Post #176, American Legion 40 et 8, Local 99, Salmon Creek Grange, Salmon Creek Methodist Church, and Greater Vancouver Kiwanis; and
WHEREAS, Albert Bauer and his wife, Patricia, have three children, Sue, Jim, and Nancy, and five wonderful grandchildren; and
WHEREAS, Albert Bauer has served sacrificially throughout his long and distinguished career as an outstanding role model for the young people of this state;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives honor Albert Bauer for his years of dedicated commitment, his personal and professional integrity, and his respect and admiration for the institutions that he worked so diligently for; 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 Albert Bauer.
Representative Pennington moved adoption of the resolution.
Representatives Pennington, Carlson, McDonald, Doumit, Rockefeller, Wolfe, Van Luven, Kenney, Conway, H. Sommers, Lambert, Fisher, Delvin, Lisk and Dunn spoke in favor of the adoption of the resolution.
House Resolution No. 2000-4785 was adopted.
The Speaker (Representative Ogden presiding) introduced Senator Albert Bauer and asked the Chamber to acknowledge him. Senator Bauer addressed the Chamber.
HOUSE RESOLUTION NO. 2000-4789, by Representatives Murray and Wensman
WHEREAS, It is the policy of the Legislature to recognize excellence in all fields of endeavor; and
WHEREAS, The Seattle Prep Panthers Basketball Team won the 2000 3A State Basketball Championship; and
WHEREAS, The Seattle Prep Basketball Coaches showed leadership and skill in focusing their team on accomplishing their goal of winning the State 3A Basketball Championship with a 26-5 winning record; and
WHEREAS, The Panther team wishes to acknowledge the dedication of the seniors for their loyalty and contributions to the Seattle Prep Basketball program; and
WHEREAS, Seattle Prep's Eric Bond was selected as the 2000 3A State Tournament Most Valuable Player and Eric Bond and Jeffrey Day were selected as members of the All Tournament Team; and
WHEREAS, Seattle Preparatory School has served as a learning institution on Seattle's Capitol Hill for 109 years; and
WHEREAS, Seattle Preparatory School also received WIAA recognition for having the 3A Football Team with the highest Grade Point Average of all 3A schools in the state and boasts the 3A Cross Country Individual State Champion, Megan Johnson;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize and honor the Seattle Prep Panthers Basketball Team and Coach Chris Miller, a Seattle Prep Graduate, and his assistant coaches for their accomplishments; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Co-Chief Clerks of the House of Representatives to Coach Chris Miller, the members of the Seattle Prep Panthers Basketball Team, the principal, and the faculty of Seattle Preparatory School.
Representative Murray moved adoption of the resolution.
Representatives Murray, Quall and Wensman spoke in favor of the adoption of the resolution.
House Resolution No. 2000-4789 was adopted.
HOUSE RESOLUTION NO. 2000-4779, by Representatives Regala, Wensman, Hankins, Esser, Linville, Thomas and Dunn
WHEREAS, The Washington State Legislature has designated that the second Wednesday in April each year is celebrated as Arbor Day; and
WHEREAS, Arbor Day is a day to recognize our state tree, the western hemlock, and state flower, the rhododendron; and
WHEREAS, Arbor Day is a traditional day for the planting of trees and shrubs by citizens in the state of Washington; and
WHEREAS, Arbor Day has been celebrated in Washington since 1917 when Governor Ernest Lister conducted the first official observance; and
WHEREAS, Nurseries, orchards, tree farms, public and private forests, horticulturists, and home orchards and gardens all add to the beauty and vigor of our state; and
WHEREAS, Arbor Day focuses community attention on planting trees while educating school children and community groups about the value of trees; and
WHEREAS, Arbor Day is a symbolic day to recognize the importance of trees and shrubs to the environment, in neighborhoods and communities, in the state's agricultural and timber-based economy, and the importance of continued regeneration of our renewable resources; and
WHEREAS, The state of Washington is appropriately called the Evergreen State due to the significant contribution that trees and plants have on our state's natural beauty and environment, and the quality of life of our citizens; and
WHEREAS, By observing Arbor Day every year, the citizens of the state can show their appreciation for the state's natural resources, the full range of benefits that are provided from trees and shrubs in the state, and the importance of planting trees and shrubs throughout the year; and
WHEREAS, The Community and Urban Forestry Council was established by the legislature in 1991 to empower communities to preserve, plant, and maintain trees in their communities; and
WHEREAS, Currently cities in Washington are recognized as Tree City USA cities; and
WHEREAS, October is the preferred month for the care and planting of many species of trees;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives proclaim April 12, 2000, as Arbor Day and encourage residents to plant a tree or shrub and celebrate this day and also proclaim the month of October as Urban and Community Forestry month and urge residents to celebrate by planting and caring for trees, and by identifying significant and historic trees in their community.
There being no objection, House Resolution No. 2000-4779 was adopted.
HOUSE RESOLUTION NO. 2000-4793, by Representatives Cooper, Radcliff and Quall
WHEREAS, The Meadowdale High School Mavericks, a girls' basketball team, won the state 3A tournament; and
WHEREAS, The Mavericks had a regular season record of twelve wins, eight losses, plus three wins and one loss in 3A Northwest Districts, and four wins in 3A state play; and
WHEREAS, Meadowdale's Mavericks have been to the State Tournament seven times, including each of the last five years; and
WHEREAS, The Mavericks finished second in last year's tournament; and
WHEREAS, Team head coach Karen Blair, herself a Meadowdale High School graduate, is serving her sixth year as head coach; and
WHEREAS, Coach Blair has led the Mavericks to an amazing record of 135 wins and 27 losses in those six years;
NOW, THEREFORE, BE IT RESOLVED, That the Washington state House of Representatives honor the 3A champion Meadowdale High School Mavericks, their coaches Karen Blair, Leah Johnson, John Pope, and Lisa Hoppe, and team members Audrey Hutchison, Yvette Avila, Anne Dawson, Jacci Baker, Kristen O'Neill, Jane Ireland, Tara Jacob, Leslie Martin, Jennie Swerk, Alecia Suelzle, and Kristy Hoffman.
There being no objection, House Resolution No. 2000-4793 was adopted.
MESSAGES FROM THE SENATE
March 7, 2000
Mr. Speaker:
The Senate has concurred in the House amendment(s) and has passed the following bills as amended by the House:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5001,
SUBSTITUTE SENATE BILL NO. 5924,
SUBSTITUTE SENATE BILL NO. 6294,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6305,
SUBSTITUTE SENATE BILL NO. 6361,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6400,
SUBSTITUTE SENATE BILL NO. 6454,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6455,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6487,
SUBSTITUTE SENATE BILL NO. 6557,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6559,
SUBSTITUTE SENATE BILL NO. 6663,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6676,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6731,
SECOND SUBSTITUTE SENATE BILL NO. 6811,
SUBSTITUTE SENATE BILL NO. 6812,
and the same are herewith transmitted.
Tony M. Cook, Secretary
March 7, 2000
Mr. Speaker:
The President has signed:
SUBSTITUTE SENATE BILL NO. 5924,
SUBSTITUTE SENATE BILL NO. 6294,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6305,
SUBSTITUTE SENATE BILL NO. 6361,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6400,
SUBSTITUTE SENATE BILL NO. 6454,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6455,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6731,
and the same are herewith transmitted.
Tony M. Cook, Secretary
March 7, 2000
Mr. Speaker:
The Senate receded from its amendment(s) to ENGROSSED HOUSE BILL NO. 2648, and passed the bill without said amendment(s),
and the same is herewith transmitted.
Tony M. Cook, Secretary
March 7, 2000
Mr. Speaker:
The Senate receded from the striking amendment(s) (#215) to HOUSE BILL NO. 2595, adopted on March 2, 2000 and passed the bill without said amendment(s),
and the same is herewith transmitted.
Tony M. Cook, Secretary
March 8, 2000
Mr. Speaker:
The President has signed ENGROSSED SUBSTITUTE SENATE BILL NO. 6676,
and the same is herewith transmitted.
Tony M. Cook, Secretary
March 8, 2000
Mr. Speaker:
The President has signed SENATE BILL NO. 5739,
and the same is herewith transmitted.
Tony M. Cook, Secretary
March 8, 2000
Mr. Speaker:
The President has signed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5001,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6487,
SUBSTITUTE SENATE BILL NO. 6557,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6559,
SUBSTITUTE SENATE BILL NO. 6663,
SECOND SUBSTITUTE SENATE BILL NO. 6811,
SUBSTITUTE SENATE BILL NO. 6812,
and the same are herewith transmitted.
Tony M. Cook, Secretary
SIGNED BY THE SPEAKERS
The Speakers signed:
SUBSTITUTE HOUSE BILL NO. 1218,
SUBSTITUTE HOUSE BILL NO. 2332,
SUBSTITUTE HOUSE BILL NO. 2338,
SUBSTITUTE HOUSE BILL NO. 2345,
SUBSTITUTE HOUSE BILL NO. 2348,
ENGROSSED HOUSE BILL NO. 2424,
SUBSTITUTE HOUSE BILL NO. 2454,
SUBSTITUTE HOUSE BILL NO. 2644,
ENGROSSED HOUSE BILL NO. 2561,
SUBSTITUTE HOUSE BILL NO. 2599,
SUBSTITUTE HOUSE BILL NO. 2649,
ENGROSSED HOUSE BILL NO. 2755,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2934,
SUBSTITUTE HOUSE BILL NO. 3032,
ENGROSSED HOUSE BILL NO. 3105,
Speaker Chopp assumed the chair.
SENATE AMENDMENTS TO HOUSE BILL
March 1, 2000
Mr. Speaker:
The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2675 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature recognizes that fewer than five percent of all drivers use child booster seats for children over the age of four years. The legislature also recognizes that seventy-one percent of deaths resulting from car accidents could be eliminated if every child under the age of sixteen used an appropriate child safety seat, booster seat, or seat belt. The legislature further recognizes the National Transportation Safety Board's recommendations that promote the use of booster seats to increase the safety of children under eight years of age. Therefore, it is the legislature's intent to decrease deaths and injuries to children by promoting safety education and injury prevention measures, as well as increasing public awareness on ways to maximize the protection of children in vehicles.
Sec. 2. RCW 46.61.687 and 1994 c 100 s 1 are each amended to read as follows:
(1) Whenever a child who is less than ((ten)) sixteen years of age is being transported in a motor vehicle that is in operation and that is required by RCW 46.37.510 to be equipped with a safety belt system in a passenger seating position, the driver of the vehicle shall keep the child properly restrained as follows:
(a) If the child is less than eight years old and/or eighty pounds and the passenger seating position equipped with a safety belt system allows sufficient space for installation, then the child will be restrained in a child restraint system that complies with standards of the United States department of transportation and that is secured in the vehicle in accordance with instructions of the manufacturer of the child restraint system;
(b) If the child is less than one year of age or weighs less than twenty pounds, the child shall be properly restrained in a rear-facing infant seat;
(c) If the child is more than one but less than ((three)) four years of age and/or weighs less than forty pounds but at least twenty pounds, the child shall be properly restrained in a forward facing child safety seat restraint system ((that complies with standards of the United States department of transportation and that is secured in the vehicle in accordance with instructions of the manufacturer of the child restraint system));
(((b))) (d) If the child is less than ((ten)) eight years of age and/or eighty pounds but at least ((three)) four years of age, the child shall be properly restrained ((either as specified in (a) of this subsection or with a safety belt properly adjusted and fastened around the child's body.)) in a child booster seat;
(e) If the child is eight years of age or older or weighs more than eighty pounds, the child shall be properly restrained with the motor vehicle's safety belt properly adjusted and fastened around the child's body; and
(f) Enforcement of (a) through (e) of this subsection is subject to a visual inspection by law enforcement to determine if the child restraint system in use is appropriate for the child's individual height, weight, and age. The visual inspection for usage of a forward facing child safety seat must ensure that the seat in use is equipped with a four-point shoulder harness system. The visual inspection for usage of a booster seat must ensure that the seat belt properly fits across the child's lap and the shoulder strap crosses the center of the child's chest. The visual inspection for the usage of a seat belt by a child must ensure that the lap belt properly fits across the child's lap and the shoulder strap crosses the center of the child's chest. In determining violations, consideration to the above criteria must be given in conjunction with the provisions of (a) through (e) of this subsection.
(g) The driver of a vehicle transporting a child under the age of eight years old and/or eighty pounds, when the vehicle is equipped with a passenger side air bag supplemental restraint system, shall transport the child in the back seat positions in the vehicle where it is practical to do so.
(2) A person violating subsection (1)(a) through (d) of this section may be issued a notice of traffic infraction under chapter 46.63 RCW. If the person to whom the notice was issued presents proof of acquisition of an approved child passenger restraint system within seven days to the jurisdiction issuing the notice and the person has not previously had a violation of this section dismissed, the jurisdiction shall dismiss the notice of traffic infraction.
(3) Failure to comply with the requirements of this section shall not constitute negligence by a parent or legal guardian; nor shall failure to use a child restraint system be admissible as evidence of negligence in any civil action.
(4) This section does not apply to: (a) For hire vehicles, (b) vehicles designed to transport sixteen or less passengers, including the driver, operated by auto transportation companies, as defined in RCW 81.68.010, ((and)) (c) vehicles providing customer shuttle service between parking, convention, and hotel facilities, and airport terminals, and (d) school buses.
(5) The requirements of subsection (1)(a) through (d) of this section do not apply in any seating position where there is only a lap belt available and the child weighs more than forty pounds.
Sec. 3. RCW 46.61.688 and 1990 c 250 s 58 are each amended to read as follows:
(1) For the purposes of this section, the term "motor vehicle" includes:
(a) "Buses," meaning motor vehicles with motive power, except trailers, designed to carry more than ten passengers;
(b) "Multipurpose passenger vehicles," meaning motor vehicles with motive power, except trailers, designed to carry ten persons or less that are constructed either on a truck chassis or with special features for occasional off-road operation;
(c) "Passenger cars," meaning motor vehicles with motive power, except multipurpose passenger vehicles, motorcycles, or trailers, designed for carrying ten passengers or less; and
(d) "Trucks," meaning motor vehicles with motive power, except trailers, designed primarily for the transportation of property.
(2) This section only applies to motor vehicles that meet the manual seat belt safety standards as set forth in federal motor vehicle safety standard 208. This section does not apply to a vehicle occupant for whom no safety belt is available when all designated seating positions as required by federal motor vehicle safety standard 208 are occupied.
(3) Every person sixteen years of age or older operating or riding in a motor vehicle shall wear the safety belt assembly in a properly adjusted and securely fastened manner.
(4) No person may operate a motor vehicle unless all child passengers under the age of sixteen years are either wearing a safety belt assembly or are securely fastened into an approved child restraint device under RCW 46.61.687.
(5) A person violating this section shall be issued a notice of traffic infraction under chapter 46.63 RCW. A finding that a person has committed a traffic infraction under this section shall be contained in the driver's abstract but shall not be available to insurance companies or employers.
(6) Failure to comply with the requirements of this section does not constitute negligence, nor may failure to wear a safety belt assembly be admissible as evidence of negligence in any civil action.
(7)(a) Enforcement of subsection (4) of this section by law enforcement officers may be accomplished as a primary action.
(b) Enforcement of subsections (1) through (3) and (5) through (9) of this section by law enforcement officers may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of Title 46 RCW or an equivalent local ordinance or some other offense.
(8) This section does not apply to an operator or passenger who possesses written verification from a licensed physician that the operator or passenger is unable to wear a safety belt for physical or medical reasons.
(9) The state patrol may adopt rules exempting operators or occupants of farm vehicles, construction equipment, and vehicles that are required to make frequent stops from the requirement of wearing safety belts.
NEW SECTION. Sec. 4. A new section is added to chapter 46.61 RCW to read as follows:
The traffic safety commission shall conduct an educational campaign using all available methods to raise public awareness of the importance of properly restraining child passengers and the value of seatbelts to adult motorists. The traffic safety commission shall report to the transportation committees of the legislature on the campaign and results observed on the highways. The first report is due December 1, 2000, and annually thereafter.
NEW SECTION. Sec. 5. A new section is added to chapter 46.61 RCW to read as follows:
This act may be known and cited as the Anton Skeen act.
NEW SECTION. Sec. 6. This act takes effect January 1, 2001."
On page 1, line 1 of the title, after "systems;" strike the remainder of the title and insert "amending RCW 46.61.687 and 46.61.688; adding new sections to chapter 46.61 RCW; creating a new section; and providing an effective date."
and the same is herewith transmitted.
Tony M. Cook, Secretary
There being no objection, the House did not concur in the Senate amendments to Engrossed Substitute House Bill No. 2675, 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. 2420 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The intent of this act is to protect the health and safety of the citizens of the state of Washington and the quality of the state's environment by developing and implementing environmental and public safety measures applicable to persons transporting hazardous liquids and gas by pipeline within the state of Washington. The legislature finds that public safety and the environment may best be protected by adopting standards that are equal to, or more stringent than, those adopted by the federal government, so long as they do not impermissibly interfere with interstate commerce.
(2) The legislature recognizes that additional federal authority is needed to implement a comprehensive pipeline safety program and by this act and other measures directs the state to seek that authority.
(3) It is also the intent of the legislature that the governor work with the state congressional delegation in seeking:
(a) To amend the federal pipeline safety act to delegate authority to qualified states to adopt and enforce standards equal to or more stringent than federal standards;
(b) State authority to administer and enforce federal requirements related to pipeline safety; and
(c) Higher levels of funding for state and federal pipeline safety activities and for states to respond to pipeline accident emergencies.
(4) While the legislature acknowledges that serious accidents have occurred for hazardous liquid and gas pipelines in this nation and elsewhere, it recognizes that there are fundamental differences between hazardous liquid pipelines and gas pipelines and that a different system of safety regulations must be applied for each kind of pipeline.
NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Commission" means the utilities and transportation commission.
(2) "Department" means the department of ecology.
(3) "Failsafe" means a design feature that will maintain or result in a safe condition in the event of malfunction or failure of a power supply, component, or control device.
(4) "Gas" means natural gas, flammable gas, or toxic or corrosive gas.
(5) "Hazardous liquid" means: (a) Petroleum, petroleum products, or anhydrous ammonia as those terms are defined in 49 C.F.R. Part 195 in effect March 1, 1998; and (b) carbon dioxide.
(6) "Local government" means a political subdivision of the state or a city or town.
(7) "Person" means an individual, partnership, franchise holder, association, corporation, a state, a city, a county, or any political subdivision or instrumentality of a state, and its employees, agents, or legal representatives.
(8) "Pipeline" or "pipeline system" means all parts of a pipeline facility through which a hazardous liquid moves in transportation, including, but not limited to, line pipe, valves, and other appurtenances connected to line pipe, pumping units, fabricated assemblies associated with pumping units, metering and delivery stations and fabricated assemblies therein, and breakout tanks. "Pipeline" or "pipeline system" does not include process or transfer pipelines.
(9) "Pipeline company" means a person or entity constructing, owning, or operating a pipeline for transporting hazardous liquid.
(10) "Reportable release" means a spilling, leaking, pouring, emitting, discharging, or any other uncontrolled escape of a hazardous liquid in excess of one barrel, or forty-two gallons.
(11) "Safety management systems" means management systems that include coordinated and interdisciplinary evaluations of the effect of significant changes to a pipeline system before such changes are implemented.
(12) "Transfer pipeline" means a buried or aboveground pipeline used to carry oil between a tank vessel or transmission pipeline and the first valve inside secondary containment at the facility provided that any discharge on the facility side of that first valve will not directly impact waters of the state. A transfer pipeline includes valves, and other appurtenances connected to the pipeline, pumping units, and fabricated assemblies associated with pumping units. A transfer pipeline does not include process pipelines, pipelines carrying ballast or bilge water, transmission pipelines, or tank vessel or storage tanks.
Sec. 3. RCW 81.88.040 and 1998 c 123 s 1 are each amended to read as follows:
(1) ((The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Pipeline company" means a person or entity constructing, owning, or operating an intrastate pipeline for transporting hazardous liquid, whether or not such a person or entity is a public service company otherwise regulated by the commission.)) For the purposes of this section, a pipeline company does not include: (((i))) (a) Distribution systems owned and operated under franchise for the sale, delivery, or distribution of natural gas at retail; or (((ii))) (b) excavation contractors or other contractors that contract with a pipeline company.
(((b) "Hazardous liquid" means: (i) Petroleum, petroleum products, or anhydrous ammonia as those terms are defined in 49 C.F.R. Part 195 in effect March 1, 1998; and (ii) carbon dioxide. The commission by rule may incorporate by reference other substances designated as hazardous by the secretary of transportation under 49 U.S.C. Sec. 60101(a)(4).))
(2) ((The commission shall adopt by rule intrastate pipeline safety standards for pipeline transportation and pipeline facilities that: (a) Apply to pipeline companies transporting hazardous liquids; (b) cover the design, construction, and operation of pipelines transporting hazardous liquids; and (c) require pipeline companies to design, construct, and maintain their pipeline facilities so they are safe and efficient.
(3))) A person, officer, agent, or employee of a pipeline company who, as an individual or acting as an officer, agent, or employee of such a company, violates or fails to comply with this ((section)) chapter or a rule adopted under this section, or who procures, aids, or abets another person or entity in the violation of or noncompliance with this section or a rule adopted under this section, is guilty of a gross misdemeanor.
(((4))) (3)(a) A pipeline company, or any person, officer, agent, or employee of a pipeline company that violates a provision of this section, or a rule adopted under this section, is subject to a civil penalty to be assessed by the commission.
(b) The commission shall adopt rules: (i) Setting penalty amounts, but may not exceed the penalties specified in the federal pipeline safety laws, 49 U.S.C. Sec. 60101 et seq.; and (ii) establishing procedures for mitigating penalties assessed((; and (iii) incorporating by reference other substances designated as hazardous by the secretary of transportation under 49 U.S.C. Sec. 60101(a)(4))).
(c) In determining the amount of the penalty, the commission shall consider: (i) The appropriateness of the penalty in relation to the position of the person charged with the violation; (ii) the gravity of the violation; and (iii) the good faith of the person or company charged in attempting to achieve compliance after notification of the violation.
(d) The amount of the penalty may be recovered in a civil action in the superior court of Thurston county or of some other county in which the violator may do business. In all actions for recovery, the rules of evidence shall be the same as in ordinary civil actions. All penalties recovered under this section must be paid into the state treasury and credited to the public service revolving fund.
(4) The commission shall adopt rules incorporating by reference other substances designated as hazardous by the secretary of transportation under 49 U.S.C. Sec. 60101(a)(4).
(5) The commission shall also have the power of injunctive relief, as required by 49 U.S.C. Sec. 60105(b), to enforce the provisions of this chapter.
(6) Nothing in this section duplicates the authority of the energy facility site evaluation council under chapter 80.50 RCW.
NEW SECTION. Sec. 4. (1) The hazardous liquid pipeline safety account is created in the custody of the state treasurer. All receipts from the federal office of pipeline safety and any other state or federal funds provided for hazardous liquid pipeline safety must be deposited in the account, except as provided in subsection (2) of this section. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for funding pipeline safety.
(2) Federal funds received before June 30, 2001, shall be treated as receipt of unanticipated funds and expended, without appropriation, for the designated purposes.
NEW SECTION. Sec. 5. (1) A comprehensive program of hazardous liquid pipeline safety is authorized by sections 2, 4, 5, 9, 11, 13, and 19 of this act, and RCW 81.88.040 to be developed and implemented consistent with federal law. Except as provided in subsection (6) of this section, the commission shall administer and enforce all laws related to hazardous liquid pipeline safety.
(2) The commission shall adopt rules for pipeline safety standards for hazardous liquid pipeline transportation that:
(a) Require pipeline companies to design, construct, operate, and maintain their pipeline facilities so they are safe and efficient;
(b) Require pipeline companies to rapidly locate and isolate all reportable releases from hazardous liquid pipelines, that may include:
(i) Installation of remote control shut-off valves; and
(ii) Installation of remotely monitored pressure gauges and meters;
(c) Require the training and certification of personnel who operate hazardous liquid pipelines and the associated systems;
(d) Require reporting of emergency situations, including emergency shutdowns and material defects or physical damage that impair the serviceability of a pipeline; and
(e) Require hazardous liquid pipeline companies to submit operations safety plans to the commission once every five years, as well as any amendments to the plan made necessary by changes to the pipeline system or its operation. The safety plan shall include emergency response procedures.
(3) The commission shall approve operations safety plans if they have been deemed fit for service. A plan shall be deemed fit for service when it provides for pipelines that are designed, developed, constructed, operated, and periodically modified to provide for protection of public safety and the environment. Pipeline operations safety plans shall, at a minimum, include:
(a) A schedule of inspection and testing within the pipeline distribution system of:
(i) All mechanical components;
(ii) All electronic components; and
(iii) The structural integrity of all pipelines as determined through pressure testing, internal inspection tool surveys, or another appropriate technique;
(b) Failsafe systems;
(c) Safety management systems; and
(d) Emergency management training for pipeline operators.
(4) The commission shall coordinate information related to pipeline safety by providing technical assistance to local planning and siting authorities.
(5) The commission shall evaluate, and consider adopting, proposals developed by the federal office of pipeline safety, the national transportation safety board, and other agencies and organizations related to methods and technologies for testing the integrity of pipeline structure, leak detection, and other elements of pipeline operation.
(6) The authorities of sections 2, 4, 5, 9, 11, 13, and 19 of this act, and RCW 81.88.040 relating to hazardous liquid pipeline safety shall be transferred from the commission to the department pursuant to section 13 of this act upon the occurrence of either:
(a) Amendments to federal pipeline safety laws to eliminate preemption of state authority to regulate safety requirements for such pipelines; or
(b) The granting of federal authority to the state to enforce or adopt any safety requirements for interstate hazardous liquid pipelines.
NEW SECTION. Sec. 6. (1) The commission shall develop, in consultation with representatives of owners and operators of hazardous liquid pipelines and gas pipelines, local governments, and the excavation and construction industries: (a) A curricula aimed at the prevention of third-party excavation damage to hazardous liquid pipelines and gas pipelines; and (b) a plan for distribution of the curricula.
(2) The curricula shall include training on:
(a) Prevention of damage to pipelines;
(b) The danger involved if a pipeline is damaged;
(c) The significance of pipeline damage that does not cause immediate failure; and
(d) The importance of immediately reporting damage to a pipeline and the importance of immediately repairing a damaged pipeline.
NEW SECTION. Sec. 7. (1) The commission shall require hazardous liquid pipelines, and gas pipeline companies with gas transmission pipelines or gas pipelines operating over two hundred fifty pounds per square inch gauge, to provide maps of their pipeline to specifications developed by the commission sufficient to meet the needs of first responders including installation depth information when known.
(2) The commission shall evaluate the sufficiency of the maps and consolidate the maps into a state-wide geographic information system. The commission shall assist local governments in obtaining pipeline location information and maps. The maps shall be made available to the one-number locator services as provided in chapter 19.122 RCW. The mapping system shall be compatible with the United States department of transportation national pipeline mapping program.
(3) The mapping system shall be completed by January 1, 2006, and periodically updated thereafter. The commission shall develop a plan for funding the geographic information system and report its recommendations to the legislature by December 15, 2000.
NEW SECTION. Sec. 8. A new section is added to chapter 43.110 RCW to read as follows:
The municipal research council shall, by June 30, 2001, develop and periodically update, for the consideration by local governments:
(1) A model ordinance that establishes setback and depth requirements for new hazardous liquid and gas pipeline construction; and
(2) A model franchise agreement for jurisdictions through which a hazardous liquid or gas pipeline is located.
NEW SECTION. Sec. 9. (1) The commission and the department shall apply for federal designation of the state's program for the purposes of enforcement of federal hazardous liquid pipeline safety requirements. If the secretary of transportation delegates inspection authority to the state as provided in this subsection, the department, at a minimum, shall do the following:
(a) Inspect hazardous liquid pipelines periodically as specified in the inspection program;
(b) Collect fees;
(c) Order and oversee the testing of hazardous liquid pipelines as authorized by federal law and regulation; and
(d) File reports with the United States secretary of transportation as required to maintain the delegated authority.
(2) The commission and the department shall also seek federal authority to adopt safety standards related to the monitoring and testing of interstate hazardous liquid pipelines.
(3) Upon designation under subsection (1) of this section or under a grant of authority under subsection (2) of this section, to the extent authorized by federal law, the department shall adopt rules for interstate pipelines that are no less stringent than the state's laws and rules for intrastate hazardous liquid pipelines.
NEW SECTION. Sec. 10. A new section is added to chapter 80.28 RCW to read as follows:
(1) The commission shall seek and accept federal designation of the commission's inspectors as federal agents for the purposes of enforcement of federal laws covering gas pipeline safety and the associated federal rules, as they exist on the effective date of this section. The commission shall establish and submit to the United States secretary of transportation an inspection program that complies with requirements for delegated interstate agent inspection authority. If the secretary of transportation delegates inspection authority to the state as provided in this subsection, the commission, at a minimum, shall do the following:
(a) Inspect gas pipelines periodically as specified in the inspection program;
(b) Collect fees;
(c) Order and oversee the testing of gas pipelines as authorized by federal law and regulation; and
(d) File reports with the United States secretary of transportation as required to maintain the delegated authority.
(2) The commission shall also seek federal authority to adopt safety standards related to the monitoring and testing of interstate gas pipelines.
(3) Upon designation under subsection (1) of this section or under a grant of authority under subsection (2) of this section, to the extent authorized by federal law, the commission shall adopt rules for interstate gas pipelines that are no less stringent than the state's laws and rules for intrastate gas pipelines.
NEW SECTION. Sec. 11. The commission may inspect any record, map, or written procedure required by federal law to be kept by a hazardous liquid pipeline company concerning the reportable releases, and the design, construction, testing, or operation and maintenance of hazardous liquid pipelines.
NEW SECTION. Sec. 12. A new section is added to chapter 80.28 RCW to read as follows:
The commission may inspect any record, map, or written procedure required by federal law to be kept by a gas pipeline company concerning the reporting of gas releases, and the design, construction, testing, or operation and maintenance of gas pipelines.
NEW SECTION. Sec. 13. (1) All powers, duties, and functions of the utilities and transportation commission pertaining to hazardous liquid pipeline safety, except economic regulatory authority under chapters 81.88, 80.24, and 81.24 RCW, are transferred to the department of ecology effective upon the department's receipt of any delegated federal authority over interstate hazardous liquid pipelines, or upon such earlier date as the office of financial management may determine in the event that federal law is amended to remove all or part of the federal preemption of state regulation of hazardous liquid pipelines. The timing of the transfer shall be facilitated by a memorandum of agreement between the two agencies, with any disputes resolved by the office of financial management. All references to the commission or the utilities and transportation commission in the Revised Code of Washington shall be construed to mean the director or the department of ecology when referring to the functions transferred in this section.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the utilities and transportation commission pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of ecology. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the utilities and transportation commission in carrying out the powers, functions, and duties transferred shall be made available to the department of ecology. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of ecology.
(b) Any appropriations made to the utilities and transportation commission for carrying out the powers, functions, and duties transferred shall be transferred and credited to the department of ecology under the agreement authorized in subsection (1) of this section.
(c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All employees of the utilities and transportation commission engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of ecology. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of ecology to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
(4) All rules and all pending business before the utilities and transportation commission pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of ecology. All existing contracts and obligations shall remain in full force and shall be performed by the department of ecology.
(5) The transfer of the powers, duties, functions, and personnel of the utilities and transportation commission shall not affect the validity of any act performed before the effective date of this section.
(6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
(7) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.
NEW SECTION. Sec. 14. (1) The citizens committee on pipeline safety is established to advise the state agencies and other appropriate federal and local government agencies and officials on matters relating to pipeline safety, routing, construction, operation, and maintenance. The committee shall have thirteen total members who shall be appointed by the governor to staggered three-year terms and shall consist of: (a) Nine members representing local government, including elected officials and the public; and (b) four nonvoting members, representing owners and operators of hazardous liquid and gas pipelines. The committee shall review and comment on proposed rules and the operation of the state pipeline safety programs.
(2) The committee may create one or more technical advisory committees comprised of gas and hazardous liquid pipeline owners or operators, agency representatives, natural resource and environmental interests, or other interested parties.
(3) The committee established in subsection (1) of this section constitutes a class one group under RCW 43.03.220. Expenses for this group, as well as staff support, shall be provided by the utilities and transportation commission and, if additional pipeline authority is transferred to it, the department of ecology.
NEW SECTION. Sec. 15. A new section is added to chapter 19.122 RCW to read as follows:
(1) By December 31, 2000, the utilities and transportation commission shall cause to be established a single state-wide toll-free telephone number to be used for referring excavators to the appropriate one-number locator service.
(2) The utilities and transportation commission, in consultation with the Washington utilities coordinating council, shall establish minimum standards and best management practices for one-number locator services consistent with the recommendations of the governor's fuel accident prevention and response team issued in December 1999. By December 31, 2000, the commission shall provide its recommendations to the appropriate standing committees of the house of representatives and the senate.
(3) One-number locator services shall be operated by nongovernmental agencies.
Sec. 16. RCW 19.122.030 and 1988 c 99 s 1 are each amended to read as follows:
(1) Before commencing any excavation, excluding agriculture tilling of soil less than twelve inches in depth, the excavator shall provide notice of the scheduled commencement of excavation to all owners of underground facilities through a one-number locator service.
(2) All owners of underground facilities within a one-number locator service area shall subscribe to the service. One-number locator service rates for cable television companies will be based on the amount of their underground facilities. If no one-number locator service is available, notice shall be provided individually to those owners of underground facilities known to or suspected of having underground facilities within the area of proposed excavation. The notice shall be communicated to the owners of underground facilities not less than two business days or more than ten business days before the scheduled date for commencement of excavation, unless otherwise agreed by the parties. The notice shall also comply with the requirements of section 20 of this act.
(3) Upon receipt of the notice provided for in this section, the owner of the underground facility shall provide the excavator with reasonably accurate information as to its locatable underground facilities by surface-marking the location of the facilities. If there are identified but unlocatable underground facilities, the owner of such facilities shall provide the excavator with the best available information as to their locations. The owner of the underground facility providing the information shall respond no later than two business days after the receipt of the notice or before the excavation time, at the option of the owner, unless otherwise agreed by the parties. Excavators shall not excavate until all known facilities have been marked. Once marked by the owner of the underground facility, the excavator is responsible for maintaining the markings. Excavators shall have the right to receive compensation from the owner of the underground facility for costs incurred if the owner of the underground facility does not locate its facilities in accordance with this section.
(4) The owner of the underground facility shall have the right to receive compensation for costs incurred in responding to excavation notices given less than two business days prior to the excavation from the excavator.
(5) An owner of underground facilities is not required to indicate the presence of existing service laterals or appurtenances if the presence of existing service laterals or appurtenances on the site of the construction project can be determined from the presence of other visible facilities, such as buildings, manholes, or meter and junction boxes on or adjacent to the construction site.
(6) Emergency excavations are exempt from the time requirements for notification provided in this section.
(7) If the excavator, while performing the contract, discovers underground facilities which are not identified, the excavator shall cease excavating in the vicinity of the facility and immediately notify the owner or operator of such facilities, or the one-number locator service.
NEW SECTION. Sec. 17. A new section is added to chapter 19.122 RCW to read as follows:
When the excavator contacts the one-number locator service under RCW 19.122.030(1), the excavator shall notify the service if surface markings or other information indicates that the excavation work, excluding agricultural tilling less than twelve inches in depth, is to occur within five feet of a hazardous liquid pipeline or gas transmission pipeline. The one-number locator service shall inform the pipeline company that owns or operates the pipeline that excavation is to occur within five feet of their pipeline and inform the company that its representative must be on-site, prior to the start of excavation.
Sec. 18. RCW 19.122.050 and 1984 c 144 s 5 are each amended to read as follows:
An excavator who, in the course of excavation, contacts or damages an underground facility shall immediately notify the utility owning or operating such facility and the state-wide one-number ((locator)) referral service. If the damage causes an emergency condition, the excavator causing the damage shall also immediately alert the appropriate local public safety agencies and take all appropriate steps to ensure the public safety. No damaged underground facility may be buried until it is repaired or relocated.
(2) The owner of the underground facilities damaged shall arrange for repairs or relocation as soon as is practical or may permit the excavator to do necessary repairs or relocation at a mutually acceptable price.
NEW SECTION. Sec. 19. A new section is added to chapter 48.48 RCW to read as follows:
(1) The chief of the Washington state patrol, through the director of fire protection or his or her authorized deputy, shall, in consultation with the emergency management program within the state military department, the department of ecology, the utilities and transportation commission, and local emergency services organizations:
(a) Evaluate the preparedness of local first responders in meeting emergency management demands under subsection (2) of this section; and
(b) Conduct an assessment of the equipment and personnel needed by local first responders to meet emergency management demands related to pipelines.
(2) The chief of the Washington state patrol, through the director of fire protection or his or her deputy, shall develop curricula for training local first responders to deal with hazardous liquid and gas pipeline accidents. The curricula shall be developed in conjunction with pipeline companies and local first responders, and shall include a timetable and costs for providing training as defined in the curricula to all communities housing pipelines. Separate curricula shall be developed for hazardous liquid and gas pipelines so that the differences between pipelines may be recognized and appropriate accident responses provided. The need for a training program for regional incident management teams shall also be evaluated.
(3) In consultation with other relevant agencies, the chief of the Washington state patrol, through the director of fire protection or his or her deputy, shall identify the need and means for achieving consistent application of the national interagency incident management system.
(4) For the purposes of this section, "local first responders" means police, fire, emergency medical staff, and volunteers.
NEW SECTION. Sec. 20. (1) A pipeline company that has been notified by an excavator pursuant to RCW 19.122.050 that excavation work will occur within five feet of a hazardous liquid pipeline shall ensure that the pipeline company's representative is on-site during the excavation within the five foot zone. The pipeline company has the discretion to require that the pipeline section in the vicinity of the excavation is fully uncovered and examined for damage prior to being reburied.
(2) Immediately upon receiving information of third-party damage to a pipeline owned or operated by a pipeline company, that company shall visually inspect the pipeline. After visual inspection, a pipeline company shall determine whether the pipeline section that has sustained third-party damage should be replaced or repaired. A record of the company's inspection report and test results shall be provided to the commission within fourteen calendar days of the inspection.
(3) Pipeline companies shall immediately notify local first responders and the department of any reportable release from a hazardous liquid pipeline.
NEW SECTION. Sec. 21. A new section is added to chapter 80.28 RCW to read as follows:
(1) A gas pipeline company that has been notified by an excavator pursuant to RCW 19.122.050 that excavation work will occur within five feet of a gas transmission pipeline shall ensure that the pipeline company's representative is on-site during the excavation within the five foot zone. The gas pipeline company has the discretion to require that the pipeline section in the vicinity of the excavation is fully uncovered and examined for damage prior to being reburied.
(2) Immediately upon receiving information of third-party damage to any gas pipeline owned or operated by a gas pipeline company, that company shall visually inspect the pipeline. After visual inspection, a gas pipeline company shall determine whether the pipeline section that has sustained third-party damage should be replaced or repaired. A record of the company's inspection report and test results shall be provided to the commission within fourteen calendar days of the inspection.
(3) Pipeline companies shall immediately notify local first responders and the commission of any blowing gas leak from a gas pipeline that has ignited or represents a probable hazard to persons or property.
NEW SECTION. Sec. 22. A new section is added to chapter 19.122 RCW to read as follows:
Any person who willfully damages or removes a permanent marking used to identify an underground facility, or a temporary marking prior to its intended use, is subject to a civil penalty of not more than one thousand dollars for each act.
NEW SECTION. Sec. 23. A new section is added to chapter 19.122 RCW to read as follows:
(1) Any person who fails to notify the one-number locator service and causes damage to a hazardous liquid or gas pipeline is subject to a civil penalty of not more than ten thousand dollars for each violation.
(2) Any person who excavates within five feet of a hazardous liquid pipeline or gas transmission pipeline without the pipeline company's representative on-site, is subject to a civil penalty of not more than ten thousand dollars for each violation.
(3) All civil penalties recovered under subsections (1) and (2) of this section shall be deposited in the general fund and expended for the purpose of enforcement of hazardous liquid and gas pipeline safety laws.
(4) For the purposes of this section and section 17 of this act: (a) "Hazardous liquid" means: (i) Petroleum, petroleum products, or anhydrous ammonia as those terms are defined in 49 C.F.R. Part 195 in effect March 1, 1998; and (ii) carbon dioxide. The utilities and transportation commission by rule may incorporate by reference other substances designated as hazardous by the secretary of transportation under 49 U.S.C. Sec. 60101(a)(4); and (b) "gas" means natural gas, flammable gas, or toxic or corrosive gas.
NEW SECTION. Sec. 24. A pipeline containing petroleum or petroleum products that is wholly owned by an individual and which pipeline is located wholly on the individual's property, that is not adjoining marine waters, is exempt from the provisions of this chapter. This exemption applies only for pipelines that do not have any connections to pipelines or facilities that extend beyond the pipeline owner's property and the petroleum or petroleum products must be for use only at that location.
NEW SECTION. Sec. 25. 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. 26. This act may be known and cited as the Washington state pipeline safety act.
NEW SECTION. Sec. 27. Sections 1, 2, 4 through 7, 9, 11, 13, 14, 20, and 24 through 26 of this act are each added to chapter 81.88 RCW.
NEW SECTION. Sec. 28. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
On page 1, line 1 of the title, after "safety;" strike the remainder of the title and insert "amending RCW 81.88.040, 19.122.030, and 19.122.050; adding new sections to chapter 81.88 RCW; adding a new section to chapter 43.110 RCW; adding new sections to chapter 80.28 RCW; adding new sections to chapter 19.122 RCW; adding a new section to chapter 48.48 RCW; prescribing penalties; and declaring an emergency."
and the same is herewith transmitted.
Tony M. Cook, Secretary
There being no objection, the House did not concur in the Senate amendments to Engrossed Second Substitute House Bill No. 2420, and asked the Senate to recede therefrom.
SENATE AMENDMENTS TO HOUSE BILL
March 3/2000
Mr. Speaker:
The Senate has passed ENGROSSED HOUSE BILL NO. 2985 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 58.17.020 and 1995 c 32 s 2 are each amended to read as follows:
As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.
(1) "Subdivision" is the division or redivision of land into five or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership, except as provided in subsection (6) of this section.
(2) "Plat" is a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys, or other divisions and dedications.
(3) "Dedication" is the deliberate appropriation of land by an owner for any general and public uses, reserving to himself or herself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval of such plat for filing by the appropriate governmental unit.
A dedication of an area of less than two acres for use as a public park may include a designation of a name for the park, in honor of a deceased individual of good character.
(4) "Preliminary plat" is a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of this chapter. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision.
(5) "Final plat" is the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this chapter and in local regulations adopted under this chapter.
(6) "Short subdivision" is the division or redivision of land into four or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership((: PROVIDED, That)). However, the legislative authority of any city or town may by local ordinance increase the number of lots, tracts, or parcels to be regulated as short subdivisions to a maximum of nine. The legislative authority of any county planning under RCW 36.70A.040 that has adopted a comprehensive plan and development regulations in compliance with chapter 36.70A RCW may by ordinance increase the number of lots, tracts, or parcels to be regulated as short subdivisions to a maximum of nine in any urban growth area.
(7) "Binding site plan" means a drawing to a scale specified by local ordinance which: (a) Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations; (b) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the local government body having authority to approve the site plan; and (c) contains provisions making any development be in conformity with the site plan.
(8) "Short plat" is the map or representation of a short subdivision.
(9) "Lot" is a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels.
(10) "Block" is a group of lots, tracts, or parcels within well defined and fixed boundaries.
(11) "County treasurer" shall be as defined in chapter 36.29 RCW or the office or person assigned such duties under a county charter.
(12) "County auditor" shall be as defined in chapter 36.22 RCW or the office or person assigned such duties under a county charter.
(13) "County road engineer" shall be as defined in chapter 36.40 RCW or the office or person assigned such duties under a county charter.
(14) "Planning commission" means that body as defined in chapter((s)) 36.70, 35.63, or 35A.63 RCW as designated by the legislative body to perform a planning function or that body assigned such duties and responsibilities under a city or county charter.
(15) "County commissioner" shall be as defined in chapter 36.32 RCW or the body assigned such duties under a county charter.
Sec. 2. RCW 58.17.060 and 1990 1st ex.s. c 17 s 51 are each amended to read as follows:
(1) The legislative body of a city, town, or county shall adopt regulations and procedures, and appoint administrative personnel for the summary approval of short plats and short subdivisions or alteration or vacation thereof. When an alteration or vacation involves a public dedication, the alteration or vacation shall be processed as provided in RCW 58.17.212 or 58.17.215. Such regulations shall be adopted by ordinance and shall provide that a short plat and short subdivision may be approved only if written findings that are appropriate, as provided in RCW 58.17.110, are made by the administrative personnel, and may contain wholly different requirements than those governing the approval of preliminary and final plats of subdivisions and may require surveys and monumentations and shall require filing of a short plat, or alteration or vacation thereof, for record in the office of the county auditor: PROVIDED, That such regulations must contain a requirement that land in short subdivisions may not be further divided in any manner within a period of five years without the filing of a final plat, except that when the short plat contains fewer than four parcels, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the five-year period to create up to a total of four lots within the original short plat boundaries: PROVIDED FURTHER, That such regulations are not required to contain a penalty clause as provided in RCW 36.32.120 and may provide for wholly injunctive relief.
An ordinance requiring a survey shall require that the survey be completed and filed with the application for approval of the short subdivision.
(2) Cities, towns, and counties shall include in their short plat regulations and procedures pursuant to subsection (1) of this section provisions for considering sidewalks and other planning features that assure safe walking conditions for students who walk to and from school.
(3) The legislative body of a city, town, or county may by ordinance exempt short plats or short subdivisions from the requirements in subsection (1) of this section in which the division is for the purpose of establishing a site solely used for an uninhabited public or private utility or telecommunications facility, provided a record survey is recorded per chapter 58.09 RCW.
Sec. 3. RCW 58.17.070 and 1981 c 293 s 4 are each amended to read as follows:
A preliminary plat of proposed subdivisions and dedications of land shall be submitted for approval to the ((legislative body of the)) city, town, or county within which the plat is situated.
Unless an applicant for preliminary plat approval requests otherwise, a preliminary plat shall be processed simultaneously with applications for rezones, variances, planned unit developments, site plan approvals, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing.
Sec. 4. RCW 58.17.100 and 1995 c 347 s 428 are each amended to read as follows:
If a city, town, or county has established a planning commission or planning agency in accordance with state law or local charter, such commission or agency shall review all preliminary plats and make recommendations thereon to the city, town, or county legislative body to assure conformance of the proposed subdivision to the general purposes of the comprehensive plan and to planning standards and specifications as adopted by the city, town, or county. Reports of the planning commission or agency shall be advisory only: PROVIDED, That the legislative body of the city, town, or county may, by ordinance, assign to such commission or agency, or any department official or group of officials, such administrative functions, powers and duties as may be appropriate, including the holding of hearings, and recommendations for approval or disapproval of preliminary plats of proposed subdivisions.
Such recommendation shall be submitted to the legislative body not later than fourteen days following action by the hearing body. Upon receipt of the recommendation on any preliminary plat the legislative body shall at its next public meeting set the date for the public meeting where it shall consider the recommendations of the hearing body and may adopt or reject the recommendations of such hearing body based on the record established at the public hearing. If, after considering the matter at a public meeting, the legislative body deems a change in the planning commission's or planning agency's recommendation approving or disapproving any preliminary plat is necessary, the legislative body shall adopt its own recommendations and approve or disapprove the preliminary plat.
Every decision or recommendation made under this section shall be in writing and shall include findings of fact and conclusions to support the decision or recommendation.
A record of all public meetings and public hearings shall be kept by the appropriate city, town, or county authority and shall be open to public inspection.
((Sole authority to approve final plats, and to adopt or amend platting ordinances shall reside in the legislative bodies.)) Any party of record to a final decision by the planning commission to disapprove a final plat may appeal that decision to the city, town, or county within fourteen days following the party's receipt of the planning commission's decision.
Sec. 5. RCW 58.17.110 and 1995 c 32 s 3 are each amended to read as follows:
(1) The city, town, or county ((legislative body)) shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall determine: (a) If appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and (b) whether the public interest will be served by the subdivision and dedication.
(2) A proposed subdivision and dedication shall not be approved unless the city, town, or county ((legislative body)) makes written findings that: (a) Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and (b) the public use and interest will be served by the platting of such subdivision and dedication. If it finds that the proposed subdivision and dedication make such appropriate provisions and that the public use and interest will be served, then the ((legislative body)) city, town, or county shall approve the proposed subdivision and dedication. Dedication of land to any public body, provision of public improvements to serve the subdivision, and/or impact fees imposed under RCW 82.02.050 through 82.02.090 may be required as a condition of subdivision approval. Dedications shall be clearly shown on the final plat. No dedication, provision of public improvements, or impact fees imposed under RCW 82.02.050 through 82.02.090 shall be allowed that constitutes an unconstitutional taking of private property. The ((legislative body)) city, town, or county shall not as a condition to the approval of any subdivision require a release from damages to be procured from other property owners.
(3) If the preliminary plat includes a dedication of a public park with an area of less than two acres and the donor has designated that the park be named in honor of a deceased individual of good character, the city, town, or county ((legislative body)) must adopt the designated name.
Sec. 6. RCW 58.17.120 and 1974 ex.s. c 134 s 6 are each amended to read as follows:
The city, town, or county ((legislative body)) shall consider the physical characteristics of a proposed subdivision site and may disapprove a proposed plat because of flood, inundation, or swamp conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat.
No plat shall be approved by any city, town, or county ((legislative authority)) covering any land situated in a flood control zone as provided in chapter 86.16 RCW without the prior written approval of the department of ecology of the state of Washington.
Sec. 7. RCW 58.17.130 and 1974 ex.s. c 134 s 7 are each amended to read as follows:
Local regulations shall provide that in lieu of the completion of the actual construction of any required improvements prior to the approval of a final plat, the city, town, or county ((legislative body)) may accept a bond, in an amount and with surety and conditions satisfactory to it, or other secure method, providing for and securing to the municipality the actual construction and installation of such improvements within a period specified by the city, town, or county ((legislative body)) and expressed in the bonds. In addition, local regulations may provide for methods of security, including the posting of a bond securing to the municipality the successful operation of improvements for an appropriate period of time up to two years after final approval. The municipality is hereby granted the power to enforce bonds authorized under this section by all appropriate legal and equitable remedies. Such local regulations may provide that the improvements such as structures, sewers, and water systems shall be designed and certified by or under the supervision of a registered civil engineer prior to the acceptance of such improvements.
Sec. 8. RCW 58.17.140 and 1995 c 68 s 1 are each amended to read as follows:
Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within ninety days from date of filing thereof unless the applicant consents to an extension of such time period or the ninety day limitation is extended to include up to twenty-one days as specified under RCW 58.17.095(3): PROVIDED, That if an environmental impact statement is required as provided in RCW 43.21C.030, the ninety day period shall not include the time spent preparing and circulating the environmental impact statement by the local government agency. Final plats and short plats shall be approved, disapproved, or returned to the applicant within thirty days from the date of filing thereof, unless the applicant consents to an extension of such time period. A final plat meeting all requirements of this chapter shall be submitted to the ((legislative body of the)) city, town, or county for approval within five years of the date of preliminary plat approval. Nothing contained in this section shall act to prevent any city, town, or county from adopting by ordinance procedures which would allow extensions of time that may or may not contain additional or altered conditions and requirements.
Sec. 9. RCW 58.17.150 and 1983 c 121 s 4 are each amended to read as follows:
Each preliminary plat submitted for final approval of the ((legislative body)) city, town, or county shall be accompanied by the following agencies' recommendations for approval or disapproval:
(1) Local health department or other agency furnishing sewage disposal and supplying water as to the adequacy of the proposed means of sewage disposal and water supply;
(2) Local planning agency or commission, charged with the responsibility of reviewing plats and subdivisions, as to compliance with all terms of the preliminary approval of the proposed plat subdivision or dedication;
(3) City, town, or county engineer.
Except as provided in RCW 58.17.140, an agency or person issuing a recommendation for subsequent approval under subsections (1) and (3) of this section shall not modify the terms of its recommendations without the consent of the applicant.
Sec. 10. RCW 58.17.170 and 1981 c 293 s 10 are each amended to read as follows:
When the ((legislative body of the)) city, town, or county finds that the subdivision proposed for final plat approval conforms to all terms of the preliminary plat approval, and that said subdivision meets the requirements of this chapter, other applicable state laws, and any local ordinances adopted under this chapter which were in effect at the time of preliminary plat approval, it shall suitably inscribe and execute its written approval on the face of the plat. The original of said final plat shall be filed for record with the county auditor. One reproducible copy shall be furnished to the city, town or county engineer. One paper copy shall be filed with the county assessor. Paper copies shall be provided to such other agencies as may be required by ordinance. Any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of five years from the date of filing. A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval under RCW 58.17.150 (1) and (3) for a period of five years after final plat approval unless the ((legislative body)) city, town, or county finds that a change in conditions creates a serious threat to the public health or safety in the subdivision.
Sec. 11. RCW 58.17.190 and 1969 ex.s. c 271 s 19 are each amended to read as follows:
The county auditor shall refuse to accept any plat for filing until approval of the plat has been given by the ((appropriate legislative body)) city, town, or county in which the plat is situated. Should a plat or dedication be filed without such approval, the prosecuting attorney of the county in which the plat is filed shall apply for a writ of mandate in the name of and on behalf of the ((legislative body)) city, town, or county required to approve same, directing the auditor and assessor to remove from their files or records the unapproved plat, or dedication of record.
Sec. 12. RCW 58.17.212 and 1987 c 354 s 3 are each amended to read as follows:
Whenever any person is interested in the vacation of any subdivision or portion thereof, or any area designated or dedicated for public use, that person shall file an application for vacation with the ((legislative authority of the)) city, town, or county in which the subdivision is located. The application shall set forth the reasons for vacation and shall contain signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or portion thereof.
When the vacation application is specifically for a county road or city or town street, the procedures for road vacation or street vacation in chapter 36.87 or 35.79 RCW shall be utilized for the road or street vacation. When the application is for the vacation of the plat together with the roads and/or streets, the procedure for vacation in this section shall be used, but vacations of streets may not be made that are prohibited under RCW 35.79.030, and vacations of roads may not be made that are prohibited under RCW 36.87.130.
The ((legislative authority of the)) city, town, or county shall give notice as provided in RCW 58.17.080 and 58.17.090 and shall conduct a public hearing on the application for a vacation and may approve or deny the application for vacation of the subdivision after determining the public use and interest to be served by the vacation of the subdivision. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not deeded to the city, town, or county, shall be deeded to the city, town, or county unless the ((legislative authority)) city, town, or county shall set forth findings that the public use would not be served in retaining title to those lands.
Title to the vacated property shall vest with the rightful owner as shown in the county records. If the vacated land is land that was dedicated to the public, for public use other than a road or street, and the ((legislative authority)) city, town, or county has found that retaining title to the land is not in the public interest, title thereto shall vest with the person or persons owning the property on each side thereof, as determined by the ((legislative authority)) city, town, or county. When the road or street that is to be vacated was contained wholly within the subdivision and is part of the boundary of the subdivision, title to the vacated road or street shall vest with the owner or owners of property contained within the vacated subdivision.
This section shall not be construed as applying to the vacation of any plat of state-granted tide or shore lands.
Sec. 13. RCW 58.17.215 and 1987 c 354 s 4 are each amended to read as follows:
When any person is interested in the alteration of any subdivision or the altering of any portion thereof, except as provided in RCW 58.17.040(6), that person shall submit an application to request the alteration to the ((legislative authority of the)) city, town, or county where the subdivision is located. The application shall contain the signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites, or divisions in the subject subdivision or portion to be altered. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof.
Upon receipt of an application for alteration, the ((legislative body)) city, town, or county shall provide notice of the application to all owners of property within the subdivision, and as provided for in RCW 58.17.080 and 58.17.090. The notice shall either establish a date for a public hearing or provide that a hearing may be requested by a person receiving notice within fourteen days of receipt of the notice.
The ((legislative body)) city, town, or county shall determine the public use and interest in the proposed alteration and may deny or approve the application for alteration. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties.
After approval of the alteration, the ((legislative body)) city, town, or county shall order the applicant to produce a revised drawing of the approved alteration of the final plat or short plat, which after signature of the ((legislative authority)) city, town, or county, shall be filed with the county auditor to become the lawful plat of the property.
This section shall not be construed as applying to the alteration or replatting of any plat of state-granted tide or shore lands.
Sec. 14. RCW 58.17.225 and 1995 c 32 s 1 are each amended to read as follows:
The granting of an easement for ingress and egress or utilities over public property that is held as open space pursuant to a subdivision or plat, where the open space is already used as a utility right of way or corridor, where other access is not feasible, and where the granting of the easement will not impair public access or authorize construction of physical barriers of any type, may be authorized and exempted from the requirements of RCW 58.17.215 by the county, city, or town ((legislative authority)) following a public hearing with notice to the property owners in the affected plat.
Sec. 15. RCW 58.17.310 and 1990 c 194 s 1 are each amended to read as follows:
In addition to any other requirements imposed by the provisions of this chapter, ((the legislative authority of any)) a city, town, or county shall not approve a short plat or final plat, as defined in RCW 58.17.020, for any subdivision, short subdivision, lot, tract, parcel, or site which lies in whole or in part in an irrigation district organized pursuant to chapter 87.03 RCW unless there has been provided an irrigation water right of way for each parcel of land in such district. In addition, if the subdivision, short subdivision, lot, tract, parcel, or site lies within land within the district classified as irrigable, completed irrigation water distribution facilities for such land may be required by the irrigation district by resolution, bylaw, or rule of general applicability as a condition for approval of the short plat or final plat by the ((legislative authority of the)) city, town, or county. Rights of way shall be evidenced by the respective plats submitted for final approval to the ((appropriate legislative authority)) city, town, or county. In addition, if the subdivision, short subdivision, lot, tract, parcel, or site to be platted is wholly or partially within an irrigation district of two hundred thousand acres or more and has been previously platted by the United States bureau of reclamation as a farm unit in the district, the ((legislative authority)) city, town, or county shall not approve for such land a short plat or final plat as defined in RCW 58.17.020 without the approval of the irrigation district and the administrator or manager of the project of the bureau of reclamation, or its successor agency, within which that district lies. Compliance with the requirements of this section together with all other applicable provisions of this chapter shall be a prerequisite, within the expressed purpose of this chapter, to any sale, lease, or development of land in this state.
Sec. 16. RCW 58.17.330 and 1995 c 347 s 429 are each amended to read as follows:
(1) As an alternative to those provisions of this chapter requiring a planning commission to hear and issue recommendations for plat approval, the county or city legislative ((body)) authority may adopt a hearing examiner system and shall specify by ordinance the legal effect of the decisions made by the examiner. The legal effect of such decisions shall include one of the following:
(a) The decision may be given the effect of a recommendation to the legislative ((body)) authority;
(b) The decision may be given the effect of an administrative decision appealable within a specified time limit to the legislative ((body)) authority; or
(c) The decision may be given the effect of a final decision of the legislative ((body)) authority.
The legislative authority shall prescribe procedures to be followed by a hearing examiner.
(2) Each final decision of a hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Each final decision of a hearing examiner, unless a longer period is mutually agreed to by the applicant and the hearing examiner, shall be rendered within ten working days following conclusion of all testimony and hearings."
On page 1, line 2 of the title, after "subdivisions;" strike the remainder of the title and insert "and amending RCW 58.17.020, 58.17.060, 58.17.070, 58.17.100, 58.17.110, 58.17.120, 58.17.130, 58.17.140, 58.17.150, 58.17.170, 58.17.190, 58.17.212, 58.17.215, 58.17.225, 58.17.310, and 58.17.330."
and the same is herewith transmitted.
Tony M. Cook, Secretary
There being no objection, the House did not concur in the Senate amendments to Engrossed House Bill No. 2985, and asked the Senate to recede therefrom.
MESSAGE FROM THE SENATE
March 6, 2000
Mr. Speaker:
The Senate refuses to concur in the House amendment(s) to SUBSTITUTE SENATE BILL NO. 6194 and asks the House to recede therefrom, and the same is herewith transmitted.
Tony M. Cook, Secretary
There being no objection, the rules were suspended, and Substitute Senate Bill No. 6194 was returned to Second Reading for purpose of amendment.
SECOND READING
There being no objection, the committee amendment was before the House for purpose of amendment.
Representative Clements moved the adoption of the following amendment (675) to the committee amendment:
On page 6, line 36, after "is a" insert "gross"
Representatives Clements and Anderson spoke in favor of the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was adopted.
The committee amendment as amended was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Anderson spoke in favor of passage of the bill.
Speaker Chopp stated the question before the House to be final passage of Substitute Senate Bill No. 6194, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6194, as amended by the House, 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 Senate Bill No. 6194, as amended by the House, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
March 6, 2000
Mr. Speaker:
The Senate refuses to concur in the House amendment(s) to SECOND SUBSTITUTE SENATE BILL NO. 6255 and asks the House to recede therefrom,
and the same is herewith transmitted.
Tony M. Cook, Secretary
There being no objection, the rules were suspended, and Second Substitute Senate Bill No. 6255 was returned to Second Reading for purposes of amendment.
SECOND READING
Representative O'Brien moved the adoption of the following amendment (681):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) A person who, with intent to deprive the owner or owner's agent, wrongfully obtains anhydrous ammonia, is guilty of theft of anhydrous ammonia.
(2) Theft of anhydrous ammonia is a class C felony.
NEW SECTION. Sec. 2. A person is guilty of the crime of unlawful storage of anhydrous ammonia if the person possesses anhydrous ammonia in a container that (1) is not approved by the United States department of transportation to hold anhydrous ammonia, or (2) was not constructed to meet state and federal industrial health and safety standards for holding anhydrous ammonia. Violation of this section is a class C felony.
This section does not apply to public employees or private contractors authorized to clean up and dispose of hazardous waste or toxic substances under chapter 70.105 or 70.105D RCW.
NEW SECTION. Sec. 3. Any damages arising out of the unlawful possession of, storage of, or tampering with anhydrous ammonia or anhydrous ammonia equipment shall be the sole responsibility of the unlawful possessor, storer, or tamperer. In no case shall liability for damages arising out of the unlawful possession of, storage of, or tampering with anhydrous ammonia or anhydrous ammonia equipment extend to the lawful owner, installer, maintainer, designer, manufacturer, possessor, or seller of the anhydrous ammonia or anhydrous ammonia equipment, unless such damages arise out of the owner, installer, maintainer, designer, manufacturer, possessor, or seller's acts or omissions that constitute negligent misconduct to abide by the laws regarding anhydrous ammonia possession and storage.
Sec. 4. RCW 69.50.440 and 1997 c 71 s 3 are each amended to read as follows:
It is unlawful for any person to possess ephedrine ((or)), pseudoephedrine, or anhydrous ammonia with intent to manufacture methamphetamine. Any person who violates this section is guilty of a crime and may be imprisoned for not more than ten years, fined not more than twenty-five thousand dollars, or both. Three thousand dollars of the fine may not be suspended. As collected, the first three thousand dollars of the fine must be deposited with the law enforcement agency having responsibility for cleanup of laboratories, sites, or substances used in the manufacture of the methamphetamine. The fine moneys deposited with that law enforcement agency must be used for such clean-up cost.
Sec. 5. RCW 9.94A.320 and 1999 c 352 s 3, 1999 c 322 s 5, and 1999 c 45 s 4 are each reenacted and amended to read as follows:
TABLE 2
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
XVI Aggravated Murder 1 (RCW 10.95.020)
XV Homicide by abuse (RCW 9A.32.055)
Malicious explosion 1 (RCW 70.74.280(1))
Murder 1 (RCW 9A.32.030)
XIV Murder 2 (RCW 9A.32.050)
XIII Malicious explosion 2 (RCW 70.74.280(2))
Malicious placement of an explosive 1 (RCW 70.74.270(1))
XII Assault 1 (RCW 9A.36.011)
Assault of a Child 1 (RCW 9A.36.120)
Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))
Rape 1 (RCW 9A.44.040)
Rape of a Child 1 (RCW 9A.44.073)
XI Manslaughter 1 (RCW 9A.32.060)
Rape 2 (RCW 9A.44.050)
Rape of a Child 2 (RCW 9A.44.076)
X Child Molestation 1 (RCW 9A.44.083)
Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
Kidnapping 1 (RCW 9A.40.020)
Leading Organized Crime (RCW 9A.82.060(1)(a))
Malicious explosion 3 (RCW 70.74.280(3))
Manufacture of methamphetamine (RCW 69.50.401(a)(1)(ii))
Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)
IX Assault of a Child 2 (RCW 9A.36.130)
Controlled Substance Homicide (RCW 69.50.415)
Explosive devices prohibited (RCW 70.74.180)
Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW ((88.12.029)) 79A.60.050)
Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))
Malicious placement of an explosive 2 (RCW 70.74.270(2))
Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)
Robbery 1 (RCW 9A.56.200)
Sexual Exploitation (RCW 9.68A.040)
Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)
VIII Arson 1 (RCW 9A.48.020)
Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))
Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW ((88.12.029)) 79A.60.050)
Manslaughter 2 (RCW 9A.32.070)
Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(a)(1)(ii))
Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))
Possession of Ephedrine ((or)), Pseudoephedrine, or Anhydrous Ammonia with intent to manufacture methamphetamine (RCW 69.50.440)
Promoting Prostitution 1 (RCW 9A.88.070)
Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)
Theft of Anhydrous Ammonia (section 1 of this act)
Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)
VII Burglary 1 (RCW 9A.52.020)
Child Molestation 2 (RCW 9A.44.086)
Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)
Drive-by Shooting (RCW 9A.36.045)
Homicide by Watercraft, by disregard for the safety of others (RCW ((88.12.029)) 79A.60.050)
Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))
Introducing Contraband 1 (RCW 9A.76.140)
Involving a minor in drug dealing (RCW 69.50.401(f))
Malicious placement of an explosive 3 (RCW 70.74.270(3))
Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)
Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))
Use of a Machine Gun in Commission of a Felony (RCW 9.41.225)
Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)
VI Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))
Bribery (RCW 9A.68.010)
Incest 1 (RCW 9A.64.020(1))
Intimidating a Judge (RCW 9A.72.160)
Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)
Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) or flunitrazepam from Schedule IV (RCW 69.50.401(a)(1)(i))
Rape of a Child 3 (RCW 9A.44.079)
Theft of a Firearm (RCW 9A.56.300)
Unlawful Storage of Anhydrous Ammonia (section 2 of this act)
V Abandonment of dependent person 1 (RCW 9A.42.060)
Advancing money or property for extortionate extension of credit (RCW 9A.82.030)
Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))
Child Molestation 3 (RCW 9A.44.089)
Criminal Mistreatment 1 (RCW 9A.42.020)
Custodial Sexual Misconduct 1 (RCW 9A.44.160)
Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))
Extortion 1 (RCW 9A.56.120)
Extortionate Extension of Credit (RCW 9A.82.020)
Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
Incest 2 (RCW 9A.64.020(2))
Kidnapping 2 (RCW 9A.40.030)
On and after July 1, 2000: No-Contact Order Violation: Domestic Violence Pretrial Condition (RCW 10.99.040(4) (b) and (c))
On and after July 1, 2000: No-Contact Order Violation: Domestic Violence Sentence Condition (RCW 10.99.050(2))
On and after July 1, 2000: Protection Order Violation: Domestic Violence Civil Action (RCW 26.50.110 (4) and (5))
On and after July 1, 2000: Stalking (RCW 9A.46.110)
Perjury 1 (RCW 9A.72.020)
Persistent prison misbehavior (RCW 9.94.070)
Possession of a Stolen Firearm (RCW 9A.56.310)
Rape 3 (RCW 9A.44.060)
Rendering Criminal Assistance 1 (RCW 9A.76.070)
Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
Sexually Violating Human Remains (RCW 9A.44.105)
IV Arson 2 (RCW 9A.48.030)
Assault 2 (RCW 9A.36.021)
Assault by Watercraft (RCW ((88.12.032)) 79A.60.050)
Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)
Commercial Bribery (RCW 9A.68.060)
Counterfeiting (RCW 9.16.035(4))
Escape 1 (RCW 9A.76.110)
Hit and Run--Injury Accident (RCW 46.52.020(4))
Hit and Run with Vessel--Injury Accident (RCW ((88.12.155(3))) 79A.60.200(3))
Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)
Influencing Outcome of Sporting Event (RCW 9A.82.070)
Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))
Malicious Harassment (RCW 9A.36.080)
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(a)(1) (iii) through (v))
Residential Burglary (RCW 9A.52.025)
Robbery 2 (RCW 9A.56.210)
Theft of Livestock 1 (RCW 9A.56.080)
Threats to Bomb (RCW 9.61.160)
Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))
Vehicular Assault (RCW 46.61.522)
Willful Failure to Return from Furlough (RCW 72.66.060)
III Abandonment of dependent person 2 (RCW 9A.42.070)
Assault 3 (RCW 9A.36.031)
Assault of a Child 3 (RCW 9A.36.140)
Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))
Burglary 2 (RCW 9A.52.030)
Communication with a Minor for Immoral Purposes (RCW 9.68A.090)
Criminal Gang Intimidation (RCW 9A.46.120)
Criminal Mistreatment 2 (RCW 9A.42.030)
Custodial Assault (RCW 9A.36.100)
Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))
Escape 2 (RCW 9A.76.120)
Extortion 2 (RCW 9A.56.130)
Harassment (RCW 9A.46.020)
Intimidating a Public Servant (RCW 9A.76.180)
Introducing Contraband 2 (RCW 9A.76.150)
Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(a)(6))
Malicious Injury to Railroad Property (RCW 81.60.070)
Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(iii))
Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))
Patronizing a Juvenile Prostitute (RCW 9.68A.100)
Perjury 2 (RCW 9A.72.030)
Possession of Incendiary Device (RCW 9.40.120)
Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190)
Promoting Prostitution 2 (RCW 9A.88.080)
Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))
Securities Act violation (RCW 21.20.400)
Tampering with a Witness (RCW 9A.72.120)
Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230)
Theft of Livestock 2 (RCW 9A.56.080)
Unlawful Imprisonment (RCW 9A.40.040)
Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))
Unlawful Use of Building for Drug Purposes (RCW 69.53.010)
Willful Failure to Return from Work Release (RCW 72.65.070)
II Computer Trespass 1 (RCW 9A.52.110)
Counterfeiting (RCW 9.16.035(3))
Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))
Escape from Community Custody (RCW 72.09.310)
Health Care False Claims (RCW 48.80.030)
Malicious Mischief 1 (RCW 9A.48.070)
Possession of controlled substance that is either heroin or narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(d))
Possession of phencyclidine (PCP) (RCW 69.50.401(d))
Possession of Stolen Property 1 (RCW 9A.56.150)
Theft 1 (RCW 9A.56.030)
Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more) (RCW 9A.56.096(4))
Trafficking in Insurance Claims (RCW 48.30A.015)
Unlawful Practice of Law (RCW 2.48.180)
Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))
I Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)
False Verification for Welfare (RCW 74.08.055)
Forged Prescription (RCW 69.41.020)
Forged Prescription for a Controlled Substance (RCW 69.50.403)
Forgery (RCW 9A.60.020)
Malicious Mischief 2 (RCW 9A.48.080)
Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine or flunitrazepam) (RCW 69.50.401(d))
Possession of Stolen Property 2 (RCW 9A.56.160)
Reckless Burning 1 (RCW 9A.48.040)
Taking Motor Vehicle Without Permission (RCW 9A.56.070)
Theft 2 (RCW 9A.56.040)
Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars) (RCW 9A.56.096(4))
Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))
Vehicle Prowl 1 (RCW 9A.52.095)
NEW SECTION. Sec. 6. Sections 1 through 3 of this act constitute a new chapter in Title 69 RCW.
NEW SECTION. Sec. 7. 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.
NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."
Correct the title.
Representatives O'Brien and McDonald spoke in favor of the adoption of the amendment.
The amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative McDonald spoke in favor of passage of the bill.
Speaker Chopp stated the question before the House to be final passage of Second Substitute Senate Bill No. 6255, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 6255, as amended by the House, 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.
Second Substitute Senate Bill No. 6255, as amended by the House, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
March 7, 2000
Mr. Speaker:
The President ruled the House amendment(s) to ENGROSSED SUBSTITUTE SENATE BILL NO. 6277 outside the Scope and Object of the bill. The Senate refuses to concur in the House amendment(s) to said bill, and asks the House to recede therefrom,
and the same is herewith transmitted.
Tony M. Cook, Secretary
There being no objection, the rules were suspended, and Engrossed Substitute Senate Bill No. 6277 was returned to Second Reading for purpose of amendment.
SECOND READING
Representative Linville moved the adoption of the following amendment (684):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. INTENT. It is the intent of the legislature to allow applicants for environmental permits for complex projects to compensate permitting agencies for providing environmental review through the voluntary negotiation of cost-reimbursement agreements with the permitting agency. It is the further intent of the legislature that cost-reimbursement agreements for complex projects free permitting agency resources to focus on the review of small projects permits.
NEW SECTION. Sec. 2. A new section is added to chapter 43.21A RCW to read as follows:
COST-REIMBURSEMENT AGREEMENT BY THE DEPARTMENT OF ECOLOGY. (1) The department may enter into a written cost-reimbursement agreement with a permit applicant for a complex project to recover from the applicant the reasonable costs incurred by the department in carrying out the requirements of this chapter, as well as the requirements of other relevant laws, as they relate to permit coordination, environmental review, application review, technical studies, and permit processing. The cost-reimbursement agreement shall identify the specific tasks, costs, and schedule for work to be conducted under the agreement. For purposes of this section, a complex project is a project for which an environmental impact statement is required under chapter 43.21C RCW.
(2) The written cost-reimbursement agreement shall be negotiated with the permit applicant. Under the provisions of a cost-reimbursement agreement, funds from the applicant shall be used by the department to contract with an independent consultant to carry out the work covered by the cost-reimbursement agreement. The department may also use funds provided under a cost-reimbursement agreement to assign current staff to review the work of the consultant, to provide necessary technical assistance when an independent consultant with comparable technical skills is unavailable, and to recover reasonable and necessary direct and indirect costs that arise from processing the permit. The department shall, in developing the agreement, ensure that final decisions that involve policy matters are made by the agency and not by the consultant. The department shall make an estimate of the number of permanent staff hours to process the permits, and shall contract with consultants to replace the time and functions committed by these permanent staff to the project. The billing process shall provide for accurate time and cost accounting and may include a billing cycle that provides for progress payments. Use of cost-reimbursement agreements shall not reduce the current level of staff available to work on permits not covered by cost-reimbursement agreements. The department may not use any funds under a cost-reimbursement agreement to replace or supplant existing funding. The restrictions of chapter 42.52 RCW apply to any cost-reimbursement agreement, and to any person hired as a result of a cost-reimbursement agreement.
(3) The department may not enter into any new cost-reimbursement agreements on or after July 1, 2005. The department may continue to administer any cost-reimbursement agreement which was entered into before July 1, 2005, until the project is completed.
NEW SECTION. Sec. 3. A new section is added to chapter 43.30 RCW to read as follows:
COST-REIMBURSEMENT AGREEMENT BY THE DEPARTMENT OF NATURAL RESOURCES. (1) The department may enter into a written cost-reimbursement agreement with a permit or lease applicant for a complex project to recover from the applicant the reasonable costs incurred by the department in carrying out the requirements of this chapter, as well as the requirements of other relevant laws, as they relate to permit coordination, environmental review, application review, technical studies, and permit or lease processing. The cost-reimbursement agreement shall identify the specific tasks, costs, and schedule for work to be conducted under the agreement. For purposes of this section, a complex project is a project for which an environmental impact statement is required under chapter 43.21C RCW. An applicant for a lease issued under chapter 79.90 RCW may not enter into a cost-reimbursement agreement under this section for projects conducted under the lease.
(2) The written cost-reimbursement agreement shall be negotiated with the permit or lease applicant. Under the provisions of a cost-reimbursement agreement, funds from the applicant shall be used by the department to contract with an independent consultant to carry out the work covered by the cost-reimbursement agreement. The department may also use funds provided under a cost-reimbursement agreement to assign current staff to review the work of the consultant, to provide necessary technical assistance when an independent consultant with comparable technical skills is unavailable, and to recover reasonable and necessary direct and indirect costs that arise from processing the permit or lease. The department shall, in developing the agreement, ensure that final decisions that involve policy matters are made by the agency and not by the consultant. The department shall make an estimate of the number of permanent staff hours to process the permits or leases, and shall contract with consultants to replace the time and functions committed by these permanent staff to the project. The billing process shall provide for accurate time and cost accounting and may include a billing cycle that provides for progress payments. Use of cost-reimbursement agreements shall not reduce the current level of staff available to work on permits or leases not covered by cost-reimbursement agreements. The department may not use any funds under a cost-reimbursement agreement to replace or supplant existing funding. The restrictions of chapter 42.52 RCW apply to any cost-reimbursement agreement, and to any person hired as a result of a cost-reimbursement agreement.
(3) The department may not enter into any new cost-reimbursement agreements on or after July 1, 2005. The department may continue to administer any cost-reimbursement agreement which was entered into before July 1, 2005, until the project is completed.
NEW SECTION. Sec. 4. A new section is added to chapter 43.70 RCW to read as follows:
COST-REIMBURSEMENT AGREEMENT BY THE DEPARTMENT OF HEALTH. (1) The department may enter into a written cost-reimbursement agreement with a permit applicant for a complex project to recover from the applicant the reasonable costs incurred by the department in carrying out the requirements of this chapter, as well as the requirements of other relevant laws, as they relate to permit coordination, environmental review, application review, technical studies, and permit processing.
The cost-reimbursement agreement shall identify the specific tasks, costs, and schedule for work to be conducted under the agreement. For purposes of this section, a complex project is a project for which an environmental impact statement is required under chapter 43.21C RCW.
(2) The written cost-reimbursement agreement shall be negotiated with the permit applicant. Under the provisions of a cost-reimbursement agreement, funds from the applicant shall be used by the department to contract with an independent consultant to carry out the work covered by the cost-reimbursement agreement. The department may also use funds provided under a cost-reimbursement agreement to assign current staff to review the work of the consultant, to provide necessary technical assistance when an independent consultant with comparable technical skills is unavailable, and to recover reasonable and necessary direct and indirect costs that arise from processing the permit. The department shall, in developing the agreement, ensure that final decisions that involve policy matters are made by the agency and not by the consultant. The department shall make an estimate of the number of permanent staff hours to process the permits, and shall contract with consultants to replace the time and functions committed by these permanent staff to the project. The billing process shall provide for accurate time and cost accounting and may include a billing cycle that provides for progress payments. Use of cost-reimbursement agreements shall not reduce the current level of staff available to work on permits not covered by cost-reimbursement agreements. The department may not use any funds under a cost-reimbursement agreement to replace or supplant existing funding. The restrictions of chapter 42.52 RCW apply to any cost-reimbursement agreement, and to any person hired as a result of a cost-reimbursement agreement.
(3) The department may not enter into any new cost-reimbursement agreements on or after July 1, 2005. The department may continue to administer any cost-reimbursement agreement which was entered into before July 1, 2005, until the project is completed.
NEW SECTION. Sec. 5. A new section is added to chapter 43.300 RCW to read as follows:
COST-REIMBURSEMENT AGREEMENT BY THE DEPARTMENT OF FISH AND WILDLIFE. (1) The department may enter into a written cost-reimbursement agreement with a permit applicant for a complex project to recover from the applicant the reasonable costs incurred by the department in carrying out the requirements of this chapter, as well as the requirements of other relevant laws, as they relate to permit coordination, environmental review, application review, technical studies, and permit processing. The cost-reimbursement agreement shall identify the specific tasks, costs, and schedule for work to be conducted under the agreement. For purposes of this section, a complex project is a project for which an environmental impact statement is required under chapter 43.21C RCW.
(2) The written cost-reimbursement agreement shall be negotiated with the permit applicant. Under the provisions of a cost-reimbursement agreement, funds from the applicant shall be used by the department to contract with an independent consultant to carry out the work covered by the cost-reimbursement agreement. The department may also use funds provided under a cost-reimbursement agreement to assign current staff to review the work of the consultant, to provide necessary technical assistance when an independent consultant with comparable technical skills is unavailable, and to recover reasonable and necessary direct and indirect costs that arise from processing the permit. The department shall, in developing the agreement, ensure that final decisions that involve policy matters are made by the agency and not by the consultant. The department shall make an estimate of the number of permanent staff hours to process the permits, and shall contract with consultants to replace the time and functions committed by these permanent staff to the project. The billing process shall provide for accurate time and cost accounting and may include a billing cycle that provides for progress payments. Use of cost-reimbursement agreements shall not reduce the current level of staff available to work on permits not covered by cost-reimbursement agreements. The department may not use any funds under a cost-reimbursement agreement to replace or supplant existing funding. The restrictions of chapter 42.52 RCW apply to any cost-reimbursement agreement, and to any person hired as a result of a cost-reimbursement agreement.
(3) The department may not enter into any new cost-reimbursement agreements on or after July 1, 2005. The department may continue to administer any cost-reimbursement agreement which was entered into before July 1, 2005, until the project is completed.
NEW SECTION. Sec. 6. A new section is added to chapter 70.94 RCW to read as follows:
COST-REIMBURSEMENT AGREEMENT BY AN AIR POLLUTION CONTROL AUTHORITY. (1) An authority may enter into a written cost-reimbursement agreement with a permit applicant for a complex project to recover from the applicant the reasonable costs incurred by the authority in carrying out the requirements of this chapter, as well as the requirements of other relevant laws, as they relate to permit coordination, environmental review, application review, technical studies, and permit processing. The cost-reimbursement agreement shall identify the specific tasks, costs, and schedule for work to be conducted under the agreement. For purposes of this section, a complex project is a project for which an environmental impact statement is required under chapter 43.21C RCW.
(2) The written cost-reimbursement agreement shall be negotiated with the permit applicant. Under the provisions of a cost-reimbursement agreement, funds from the applicant shall be used by the air pollution control authority to contract with an independent consultant to carry out the work covered by the cost-reimbursement agreement. The air pollution control authority may also use funds provided under a cost-reimbursement agreement to assign current staff to review the work of the consultant, to provide necessary technical assistance when an independent consultant with comparable technical skills is unavailable, and to recover reasonable and necessary direct and indirect costs that arise from processing the permit. The air pollution control authority shall, in developing the agreement, ensure that final decisions that involve policy matters are made by the agency and not by the consultant. The air pollution control authority shall make an estimate of the number of permanent staff hours to process the permits, and shall contract with consultants to replace the time and functions committed by these permanent staff to the project. The billing process shall provide for accurate time and cost accounting and may include a billing cycle that provides for progress payments. Use of cost-reimbursement agreements shall not reduce the current level of staff available to work on permits not covered by cost-reimbursement agreements. The air pollution control authority may not use any funds under a cost-reimbursement agreement to replace or supplant existing funding. The provisions of chapter 42.52 RCW apply to any cost-reimbursement agreement, and to any person hired as a result of a cost-reimbursement agreement. Members of the air pollution control authority's board of directors shall be considered as state officers, and employees of the air pollution control authority shall be considered as state employees, for the sole purpose of applying the restrictions of chapter 42.52 RCW to this section.
(3) An air pollution control authority may not enter into any new cost-reimbursement agreements on or after July 1, 2005. The department may continue to administer any cost-reimbursement agreement which was entered into before July 1, 2005, until the project is completed.
NEW SECTION. Sec. 7. A new section is added to chapter 90.03 RCW to read as follows:
Any applicant for a new withdrawal or a change, transfer, or amendment of a water right pending before the department, may initiate a cost-reimbursement agreement with the department to provide expedited review of the application. A cost-reimbursement agreement may only be initiated under this section if the applicant agrees to pay for, or as part of a cooperative effort agrees to pay for, the cost of processing his or her application and all other applications from the same source of supply which must be acted upon before the applicant's request because they were filed prior to the date of when the applicant filed. The department shall use the process established under section 2 of this act for entering into cost-reimbursement agreements, except that it is not necessary for an environmental impact statement to be filed as a prerequisite for entering into a cost-reimbursement agreement under this section.
NEW SECTION. Sec. 8. Captions used in this act are not any part of the law.
NEW SECTION. Sec. 9. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
Correct the title.
Representative Linville spoke in favor of the adoption of the amendment.
The amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Linville, G. Chandler and Morris spoke in favor of passage of the bill.
Speaker Chopp stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6277, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6277, as amended by the House, and the bill passed the House by the following vote: Yeas - 91, Nays - 7, 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, 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, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Quall, Radcliff, Reardon, Regala, Rockefeller, Ruderman, Santos, Schindler, Schmidt, Schoesler, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 91.
Voting nay: Representatives Constantine, Keiser, McIntire, Poulsen, Romero, Schual-Berke and Veloria - 7.
Engrossed Substitute Senate Bill No. 6277, as amended by the House, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
March 6, 2000
Mr. Speaker:
The Senate refuses to concur in the House amendment(s) to SUBSTITUTE SENATE BILL NO. 6781 and asks the House to recede therefrom,
and the same is herewith transmitted.
Tony M. Cook, Secretary
There being no objection, the rules were suspended, and Substitute Senate Bill No. 6781 was returned to Second Reading for purpose of amendment.
SECOND READING
Representative Linville moved the adoption of the following amendment (683):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 90.64 RCW to read as follows:
(1) A dairy nutrient management task force is created that shall be comprised of no more than fifteen members, who are appointed as follows:
(a) Two members of the house of representatives, one from each major caucus, appointed by the co-speakers of the house of representatives;
(b) Two members of the senate, one from each major caucus, appointed by the president of the senate;
(c) A representative of the department of ecology, appointed by the director of ecology;
(d) A representative of the state conservation commission, appointed by its executive secretary;
(e) A representative of local conservation districts, appointed by the president of a state-wide association of conservation districts;
(f) A representative of local health departments, appointed by the Washington state association of local public health officials;
(g) A representative of commercial shellfish growers, appointed by a state-wide organization representing oyster growers;
(h) Four representatives of the dairy industry, appointed by a state-wide organization representing the dairy industry in the state;
(i) A representative of an environmental interest organization with familiarity and expertise in water quality issues, appointed by a state-wide organization representing environmental interests;
(j) A representative of the United States environmental protection agency, appointed by the regional director of the agency if the agency chooses to be represented on the task force; and
(k) A representative of the United States natural resources conservation service, appointed by the state conservationist of that agency for this state, if the agency chooses to be represented on the task force.
(2) The task force shall convene as soon as possible upon appointment of its members. The task force shall elect a chair and adopt rules for conducting the business of the task force. Staff support for the task force shall be provided by the Washington state conservation commission.
(3) This section expires June 30, 2004.
NEW SECTION. Sec. 2. A new section is added to chapter 90.64 RCW to read as follows:
(1) By December 31, 2000, the task force shall recommend to the department and to the legislature:
(a) Clarification of key terms and phrases such as, but not limited to, "potential to pollute," that are used in the administration of this chapter and other statutes on water quality;
(b) How frequently dairy nutrient management plans should be updated, considering the evolution of technical standards developed by the natural resources conservation service;
(c) Considering the report under section 3 of this act, the disposition of penalties collected from dairy producers under chapter 90.48 RCW;
(d) Considering the report under section 4 of this act, recommended sources of funding to meet the needs identified in the report;
(e) The extent to which engineering expertise is required to implement the provisions of this chapter;
(f) How to address responsibility for contamination originating from neighboring farms; and
(g) Clarification of the duties of the department as they pertain to initial inspections of dairy farms.
(2) The task force shall make recommendations to the department and to the legislature on any other issues, and at such times, as the task force deems important to the successful implementation of this chapter.
(3) This section expires June 30, 2004.
NEW SECTION. Sec. 3. (1) By September 1, 2000, the department of ecology shall report to the dairy nutrient management task force on the penalties assessed on dairy producers for violations of chapters 90.48 and 90.64 RCW since January 1, 1998. The report shall indicate the amount of money from these penalties that was deposited into the coastal protection fund created under RCW 90.48.390 and the amount deposited into the dairy waste management account created under RCW 90.64.150. The report shall also indicate the purposes for which moneys reported under this section were expended.
(2) This section expires December 31, 2000.
NEW SECTION. Sec. 4. (1) By September 1, 2000, the office of financial management shall make recommendations to the dairy nutrient management task force on how to provide adequate funding for the dairy nutrient management program. The recommendations shall include an identification of need, if any, for additional funding for each of the following purposes:
(a) To perform functions required by conservation districts and the state conservation commission;
(b) To provide technical assistance for development of dairy nutrient management plans; and
(c) For cost-share moneys for implementation of the plans based on fifty percent of the eligible costs to be derived from public sources. The recommendations shall be for the amount of funding for these purposes that is required each fiscal year through June 30, 2004, in order to meet the deadlines established in chapter 90.64 RCW.
(2) The office of financial management shall submit its written recommendations to the co-chief clerks of the house of representatives and the secretary of the senate.
(3) This section expires December 31, 2000.
NEW SECTION. Sec. 5. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
Correct the title.
Representatives Linville and B. Chandler spoke in favor of the adoption of the amendment.
The amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Linville spoke in favor of passage of the bill.
Speaker Chopp stated the question before the House to be final passage of Substitute Senate Bill No. 6781, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6781, as amended by the House, 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 Senate Bill No. 6781, as amended by the House, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
March 6, 2000
Mr. Speaker:
The Senate refuses to concur in the House amendment(s) to ENGROSSED SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8425 and asks the House to recede therefrom,
and the same is herewith transmitted.
Tony M. Cook, Secretary
There being no objection, the rules were suspended, and Engrossed Substitute Senate Concurrent Resolution No. 8425 was returned to Second Reading for purpose of amendment.
SECOND READING
Representative Kenney moved the adoption of the following amendment (685):
Beginning on page 1, line 1, strike the remainder of the resolution and insert the following:
"WHEREAS, Chapter 370, Laws of 1985, created the Washington Higher Education Coordinating Board to plan, coordinate, and provide policy analysis for higher education and to represent the broad public interest above the interests of individual colleges and universities; and
WHEREAS, Section 4, chapter 370, Laws of 1985, requires the board to prepare and update a master plan for higher education and requires the Legislature, by concurrent resolution, to "approve or recommend changes" to the master plan and its subsequent updates; and
WHEREAS, The provisions of the master plan that are approved by the Legislature become state higher education policy unless legislation is subsequently enacted to revise those policies; and
WHEREAS, The Washington Higher Education Coordinating Board submitted the initial master plan to the Legislature in December 1987, and submitted updates to the plan in December 1992, January 1996, and January 2000; and
WHEREAS, During the process used to develop the 2000 master plan, the board consulted with students and families, educators, business, labor, and civic organizations representing a cross-section of Washington citizens; and
WHEREAS, The board learned that the need and expectation for higher education among Washington citizens will continue to grow through the next decade, because of population increases as well as the demands of the state's increasingly technology-based economy; and
WHEREAS, The board identified the challenge of meeting future demand for college education should a greater proportion of Washington citizens seek upper division and graduate level study by the year 2010; and
WHEREAS, The board spelled out its commitment to continuing to expand enrollment opportunities for Washington students, to keep public higher education affordable for students and families, and to provide financial assistance to those who cannot otherwise afford to go to college; and
WHEREAS, The board identified five specific goals for the state to address higher education needs in the next ten years:
(1) Making student learning the yardstick by which institutional accountability, effectiveness, and efficiency is measured;
(2) Linking students' participation in higher education to their achievement in the K-12 grades;
(3) Providing the information citizens need to make the best use of the learning pathways available to them;
(4) Enhancing higher education opportunity through greater use of e-learning technologies and by increasingly efficient use of public facilities; and
(5) Helping colleges and universities meet student needs and compete in an increasingly competitive and complex education marketplace; and
WHEREAS, The board challenged itself, students, and families, the public and private institutions, the private sector, and the state to each accept its individual responsibilities and to collaborate in the development of solutions; and
WHEREAS, The board described an implementation plan to guide the state's response to the needs of higher education and to estimate the costs of the strategies, including the necessity to develop an enrollment accommodation plan that identifies where capacity exists and what the highest priorities should be;
NOW, THEREFORE, BE IT RESOLVED, By the Senate of the State of Washington, the House of Representatives concurring, That the Washington Higher Education Coordinating Board be commended for its dedication and commitment to the State of Washington in producing the 2000 update of the master plan for higher education titled "The 21st Century Learner"; and
BE IT FURTHER RESOLVED, That the Legislature thank the board for describing many of the challenges facing the state in its attempts to provide the postsecondary education and training our citizens need to fulfill their personal goals and participate fully in the world of the twenty-first century; and
BE IT FURTHER RESOLVED, That the Legislature reaffirm its commitment to create postsecondary opportunities in response to documented demand from citizens for access to high-quality education and training programs; and
BE IT FURTHER RESOLVED, That the board reexamine its assumptions with regard to projected upper division and graduate enrollments, and that the plan reexamine the role of the community and technical colleges in meeting the postsecondary needs of a significant portion of Washington's population; and
BE IT FURTHER RESOLVED, That the board reexamine its assumptions with regard to the capital needs of the community and technical colleges and the four-year institutions of higher education, including their branch campuses; and
BE IT FURTHER RESOLVED, That the board, in consultation with the office of financial management, work collaboratively with the public and independent two-year and four-year universities, private vocational schools, and appropriate legislative committees, to prepare an enrollment accommodation plan, contemplate various growth scenarios, identify related operational and capital needs, and examine alternatives to address the identified budget needs; and
BE IT FURTHER RESOLVED, That the board communicate regularly with the appropriate legislative committees and the governor regarding the assigned tasks and report back with its results and findings before proceeding with the development of its biennial budget recommendations; and
BE IT FURTHER RESOLVED, That the Legislature approve the following recommendations of the 2000 update of the master plan:
(1) The goal that, by the year 2010, Washington's system of postsecondary education needs to provide opportunities for additional students to enroll in high-quality education and training programs;
(2) That solutions to the challenge may be found in strategies that (a) make student learning the yardstick by which institutional accountability, effectiveness, and efficiency is measured; and (b) link students' participation in higher education to their achievement in the K-12 grades;
(3) Provide the information citizens need to make the best use of the learning pathways available to them, and support outreach efforts designed to ensure that the higher education system reflects the diversity of the state's population;
(4) Expand the use of e-learning technologies and use public facilities to the fullest extent possible; and
(5) Help colleges and universities meet student needs and compete in an increasingly competitive and complex education marketplace; and
BE IT FURTHER RESOLVED, That the board proceed with implementation of the 2000 update of the master plan; and
BE IT FURTHER RESOLVED, That the board proceed with the implementation of the 2000 update of the master plan as described in "The 21st Century Learner" and modified by this resolution, and report to the 2001 Legislature on progress toward implementing its strategies."
Representatives Kenney and Carlson spoke in favor of the adoption of the amendment.
The amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the resolution was placed on final passage.
Representatives Kenney and Carlson spoke in favor of passage of the resolution.
Speaker Chopp stated the question before the House to be final passage of Engrossed Substitute Senate Concurrent Resolution No. 8425, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Concurrent Resolution No. 8425, as amended by the House, and the bill was adopted by 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.
Engrossed Substitute Senate Concurrent Resolution No. 8425, as amended by the House, having received the constitutional majority, was declared adopted.
SENATE AMENDMENTS TO HOUSE BILL
There being no objection, the request for a ruling of Scope & Object on the Senate amendments to House Bill No. 2400 was withdrawn.
There being no objection, the House concurred in the Senate amendment(s) to House Bill No. 2400 and advanced the bill as amended by the Senate to final passage.
Representatives Constantine and Carrell spoke in favor of final passage of the bill.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE
Speaker Chopp stated the question before the House to be final passage of House Bill No. 2400 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2400 as amended by the Senate and the bill passed the House by the following vote: Yeas - 97, Nays - 1, 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, 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 - 97.
Voting nay: Representative Esser - 1.
House Bill No. 2400, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 7, 2000
Mr. Speaker:
The Senate has receded from the Labor and Workforce Committee striking amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2647, adopted on February 28, 2000. Under Suspension of Rules, the Senate returned the bill to Second Reading for purpose of amendment(s). The Senate adopted amendment(s) #275, and passed the bill as amended,
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. EMERGENCY RULES. (1) The director of the department of labor and industries shall adopt emergency rules that take effect no later than June 1, 2000, revising any safety standards governing flaggers.
(2) The transportation commission shall adopt emergency rules that take effect no later than June 1, 2000, revising any safety standards governing flaggers.
(3) The utilities and transportation commission shall adopt emergency rules that take effect no later than June 1, 2000, revising any safety standards governing flaggers.
(4) Notwithstanding RCW 34.05.350, the emergency rules adopted pursuant to this section shall remain in effect or be adopted in sequence until March 1, 2001, or the effective date of the permanent rules adopted pursuant to section 2 of this act, whichever is earlier.
(5) The emergency rules adopted pursuant to this section shall be designed to improve options available to ensure the safety of flaggers, and ensure that flaggers have adequate visual warning of objects approaching from behind them.
(6) In developing emergency rules adopted pursuant to this section, state agencies and commissions shall consult with other persons with an interest in improving safety standards for flaggers. State agencies and commissions shall report, by September 15, 2000, to the senate labor and workforce development committee and the house of representatives commerce and labor committee on the emergency rules adopted pursuant to this section.
NEW SECTION. Sec. 2. PERMANENT RULES. (1) The director of the department of labor and industries shall adopt permanent rules that take effect no later than March 1, 2001, revising any safety standards governing flaggers.
(2) The transportation commission shall adopt permanent rules that take effect no later than March 1, 2001, revising any safety standards and employment qualifications governing flaggers.
(3) The utilities and transportation commission shall adopt permanent rules that take effect no later than March 1, 2001, revising any safety standards and employment qualifications governing flaggers.
(4) The permanent rules adopted pursuant to this section shall be designed to improve options available to ensure the safety of flaggers, ensure that flaggers have adequate visual warning of objects approaching from behind them, and update employment qualifications for flaggers.
(5) In developing permanent rules adopted pursuant to this section, state agencies and commissions shall consult with other persons with an interest in improving safety standards and updating employment qualifications for flaggers. State agencies and commissions shall coordinate and make consistent, to the extent possible, permanent rules. State agencies and commissions shall report, by April 22, 2001, to the senate labor and workforce development committee and the house of representatives commerce and labor committee on the permanent rules adopted pursuant to this section.
Sec. 3. RCW 9.91.020 and 1915 c 165 s 2 are each amended to read as follows:
Every person who, being employed upon any railway, as engineer, motorman, gripman, conductor, switch tender, fireman, bridge tender, ((flagman)) flagger, or signalman, or having charge of stations, starting, regulating or running trains upon a railway, or being employed as captain, engineer or other officer of a vessel propelled by steam, or being the driver of any animal or vehicle upon any public highway, street, or other public place, ((shall be)) is intoxicated while engaged in the discharge of any such duties, shall be guilty of a gross misdemeanor.
Sec. 4. RCW 46.61.015 and 1995 c 50 s 1 are each amended to read as follows:
No person shall willfully fail or refuse to comply with any lawful order or direction of any duly authorized ((flagman)) flagger or any police officer or fire fighter invested by law with authority to direct, control, or regulate traffic.
A violation of this section is a misdemeanor.
Sec. 5. RCW 46.61.190 and 1975 c 62 s 27 are each amended to read as follows:
(1) Preferential right of way may be indicated by stop signs or yield signs as authorized in RCW 47.36.110.
(2) Except when directed to proceed by a duly authorized ((flagman)) flagger, or a police officer, or a fire fighter vested by law with authority to direct, control, or regulate traffic, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line, but if none, before entering a marked crosswalk on the near side of the intersection or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the roadway, and after having stopped shall yield the right of way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time when such driver is moving across or within the intersection or junction of roadways.
(3) The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions and if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering a marked crosswalk on the near side of the intersection or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the roadway, and then after slowing or stopping, the driver shall yield the right of way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection or junction of roadways: PROVIDED, That if such a driver is involved in a collision with a vehicle in the intersection or junction of roadways, after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of ((his)) the driver's failure to yield right of way.
Sec. 6. RCW 46.61.340 and 1965 ex.s. c 155 s 46 are each amended to read as follows:
(1) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad, and shall not proceed until ((he can do so)) the crossing can be made safely. The foregoing requirements shall apply when:
(a) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;
(b) A crossing gate is lowered or when a human ((flagman)) flagger gives or continues to give a signal of the approach or passage of a railroad train;
(c) An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.
(2) No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.
Sec. 7. RCW 46.61.355 and 1975 c 62 s 32 are each amended to read as follows:
(1) No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of ten or less miles per hour or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than nine inches, measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with this section.
(2) Notice of any such intended crossing shall be given to the station agent of such railroad located nearest the intended crossing sufficiently in advance to allow such railroad a reasonable time to prescribe proper protection for such crossing.
(3) Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than fifteen feet nor more than fifty feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely.
(4) No such crossing shall be made when warning is given by automatic signal or crossing gates or a ((flagman)) flagger or otherwise of the immediate approach of a railroad train or car. If a ((flagman)) flagger is provided by the railroad, movement over the crossing shall be under ((his)) the flagger's direction.
Sec. 8. RCW 47.36.220 and 1961 c 13 s 47.36.220 are each amended to read as follows:
Each driver of a motor vehicle used in connection with such construction, repair, or maintenance work shall obey traffic signs posted for, and ((flagman)) flaggers stationed at such location in the same manner and under the same restrictions as is required for the driver of any other vehicle.
NEW SECTION. Sec. 9. Sections 1 and 2 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately.
NEW SECTION. Sec. 10. Sections 1 and 2 of this act may be known and cited as the "Kim Vendl Worker Safety Act."
NEW SECTION. Sec. 11. Captions used in this act are not any part of the law."
On page 1, line 1 of the title, after "flaggers;" strike the remainder of the title and insert "amending RCW 9.91.020, 46.61.015, 46.61.190, 46.61.340, 46.61.355, and 47.36.220; adding a new section to chapter 49.17 RCW; creating new sections; and declaring an emergency."
and the same are herewith transmitted.
Tony M. Cook, Secretary
There being no objection, the House concurred in the Senate amendment(s) to Engrossed Substitute House Bill No. 2647 and advanced the bill as amended by the Senate to final passage.
Representatives Reardon and Clements spoke in favor of final passage of the bill.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE
Speaker Chopp stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2647 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2647 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.
Engrossed Substitute House Bill No. 2647, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 7, 2000
Mr. Speaker:
The Senate receded from the striking amendment(s) to SUBSTITUTE HOUSE BILL NO. 2903, adopted as amended on March 2, 2000. Under Suspension of Rules, the Senate returned the bill to Second Reading for purpose of amendment(s). The Senate adopted amendment(s) #278, and passed the bill as amended,
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature intends, by the enactment of this act, to provide a very limited exception to the restrictions on disclosure of intercepted communications.
Sec. 2. RCW 9.73.090 and 1989 c 271 s 205 are each amended to read as follows:
(1) The provisions of RCW 9.73.030 through 9.73.080 shall not apply to police, fire, emergency medical service, emergency communication center, and poison center personnel in the following instances:
(a) Recording incoming telephone calls to police and fire stations, licensed emergency medical service providers, emergency communication centers, and poison centers;
(b) Video and/or sound recordings may be made of arrested persons by police officers responsible for making arrests or holding persons in custody before their first appearance in court. Such video and/or sound recordings shall conform strictly to the following:
(i) The arrested person shall be informed that such recording is being made and the statement so informing him shall be included in the recording;
(ii) The recording shall commence with an indication of the time of the beginning thereof and terminate with an indication of the time thereof;
(iii) At the commencement of the recording the arrested person shall be fully informed of his constitutional rights, and such statements informing him shall be included in the recording;
(iv) The recordings shall only be used for valid police or court activities;
(c) Sound recordings that correspond to video images recorded by video cameras mounted in law enforcement vehicles. All law enforcement officers wearing a sound recording device that makes recordings corresponding to videos recorded by video cameras mounted in law enforcement vehicles must be in uniform. A sound recording device which makes a recording pursuant to this subsection (1)(c) may only be operated simultaneously with the video camera. No sound recording device may be intentionally turned off by the law enforcement officer during the operation of the video camera.
No sound or video recording made under this subsection (1)(c) may be duplicated and made available to the public by a law enforcement agency subject to this section until final disposition of any criminal or civil litigation which arises from the incident or incidents which were recorded. Such sound recordings shall not be divulged or used by any law enforcement agency for any commercial purpose.
A law enforcement officer shall inform any person being recorded by sound under this subsection (1)(c) that a sound recording is being made and the statement so informing the person shall be included in the sound recording, except that the law enforcement officer is not required to inform the person being recorded if the person is being recorded under exigent circumstances. A law enforcement officer is not required to inform a person being recorded by video under this subsection (1)(c) that the person is being recorded by video.
(2) It shall not be unlawful for a law enforcement officer acting in the performance of the officer's official duties to intercept, record, or disclose an oral communication or conversation where the officer is a party to the communication or conversation or one of the parties to the communication or conversation has given prior consent to the interception, recording, or disclosure: PROVIDED, That prior to the interception, transmission, or recording the officer shall obtain written or telephonic authorization from a judge or magistrate, who shall approve the interception, recording, or disclosure of communications or conversations with a nonconsenting party for a reasonable and specified period of time, if there is probable cause to believe that the nonconsenting party has committed, is engaged in, or is about to commit a felony: PROVIDED HOWEVER, That if such authorization is given by telephone the authorization and officer's statement justifying such authorization must be electronically recorded by the judge or magistrate on a recording device in the custody of the judge or magistrate at the time transmitted and the recording shall be retained in the court records and reduced to writing as soon as possible thereafter.
Any recording or interception of a communication or conversation incident to a lawfully recorded or intercepted communication or conversation pursuant to this subsection shall be lawful and may be divulged.
All recordings of communications or conversations made pursuant to this subsection shall be retained for as long as any crime may be charged based on the events or communications or conversations recorded.
(3) Communications or conversations authorized to be intercepted, recorded, or disclosed by this section shall not be inadmissible under RCW 9.73.050.
(4) Authorizations issued under subsection (2) of this section shall be effective for not more than seven days, after which period the issuing authority may renew or continue the authorization for additional periods not to exceed seven days.
(5) If the judge or magistrate determines that there is probable cause to believe that the communication or conversation concerns the unlawful manufacture, delivery, sale, or possession with intent to manufacture, deliver, or sell, controlled substances as defined in chapter 69.50 RCW, or legend drugs as defined in chapter 69.41 RCW, or imitation controlled substances as defined in chapter 69.52 RCW, the judge or magistrate may authorize the interception, transmission, recording, or disclosure of communications or conversations under subsection (2) of this section even though the true name of the nonconsenting party, or the particular time and place for the interception, transmission, recording, or disclosure, is not known at the time of the request, if the authorization describes the nonconsenting party and subject matter of the communication or conversation with reasonable certainty under the circumstances. Any such communication or conversation may be intercepted, transmitted, recorded, or disclosed as authorized notwithstanding a change in the time or location of the communication or conversation after the authorization has been obtained or the presence of or participation in the communication or conversation by any additional party not named in the authorization.
Authorizations issued under this subsection shall be effective for not more than fourteen days, after which period the issuing authority may renew or continue the authorization for an additional period not to exceed fourteen days.
Sec. 3. RCW 9.73.080 and 1989 c 271 s 209 are each amended to read as follows:
(1) Except as otherwise provided in this chapter, any person who violates RCW 9.73.030 is guilty of a gross misdemeanor.
(2) Any person who knowingly alters, erases, or wrongfully discloses any recording in violation of RCW 9.73.090(1)(c) is guilty of a gross misdemeanor."
On page 1, line 1 of the title, after "recordings;" strike the remainder of the title and insert "amending RCW 9.73.090 and 9.73.080; creating a new section; and prescribing penalties."
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. 2903 and advanced the bill as amended by the Senate to final passage.
Representatives Constantine, Delvin and Carrell spoke in favor of final passage of the bill.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE
Speaker Chopp stated the question before the House to be final passage of Substitute House Bill No. 2903 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2903 as amended by the Senate and the bill passed the House by the following vote: Yeas - 96, Nays - 2, 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, 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, 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 - 96.
Voting nay: Representatives DeBolt and Pennington - 2.
Substitute House Bill No. 2903, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 7, 2000
Mr. Speaker:
The Senate receded from the Ways and Means Committee striking amendment(s) to HOUSE BILL NO. 2807, adopted on March 2, 2000. Under Suspension of Rules, the Senate returned the bill to Second Reading for purpose of amendment(s). The Senate adopted amendment(s) #276, and passed the bill as amended,
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 74.14A.020 and 1994 sp.s. c 7 s 102 are each amended to read as follows:
State efforts shall address the needs of children and their families, including emotionally disturbed and mentally ill children, potentially dependent children, and families-in-conflict by:
(1) Serving children and families as a unit in the least restrictive setting available and in close proximity to the family home, consistent with the best interests and special needs of the child;
(2) Ensuring that appropriate social and health services are provided to the family unit both prior to and during the removal of a child from the home and after family reunification;
(3) Ensuring that the safety and best interests of the child are the paramount considerations when making placement and service delivery decisions;
(4) Recognizing the interdependent and changing nature of families and communities, building upon their inherent strengths, maintaining their dignity and respect, and tailoring programs to their specific circumstances;
(5) Developing and implementing comprehensive, preventive, and early intervention social and health services which have demonstrated the ability to delay or reduce the need for out-of-home placements and ameliorate problems before they become chronic or severe;
(6) Authorizing and facilitating blended funding for children who require services and residential treatment from multiple services systems; including child welfare services, mental health, alcohol and drug, and juvenile rehabilitation;
(7) Being sensitive to the family and community culture, norms, values, and expectations, ensuring that all services are provided in a culturally appropriate and relevant manner, and ensuring participation of racial and ethnic minorities at all levels of planning, delivery, and evaluation efforts;
(((7))) (8)(a) Developing coordinated social and health services which:
(i) Identify problems experienced by children and their families early and provide services which are adequate in availability, appropriate to the situation, and effective;
(ii) Seek to bring about meaningful change before family situations become irreversibly destructive and before disturbed psychological behavioral patterns and health problems become severe or permanent;
(iii) Serve children and families in their own homes thus preventing unnecessary out-of-home placement or institutionalization;
(iv) Focus resources on social and health problems as they begin to manifest themselves rather than waiting for chronic and severe patterns of illness, criminality, and dependency to develop which require long-term treatment, maintenance, or custody;
(v) Reduce duplication of and gaps in service delivery;
(vi) Improve planning, budgeting, and communication among all units of the department and among all agencies that serve children and families; and
(vii) Utilize outcome standards for measuring the effectiveness of social and health services for children and families.
(b) In developing services under this subsection, local communities must be involved in planning and developing community networks that are tailored to their unique needs.
NEW SECTION. Sec. 2. A new section is added to chapter 74.14A RCW to read as follows:
The secretary of the department of social and health services shall charge appropriated funds to support blended funding projects for youth subject to any current or future waiver the department receives to the requirements of IV-E funding. To be eligible for blended funding a child must be eligible for services designed to address a behavioral, mental, emotional, or substance abuse issue from the department of social and health services and require services from more than one categorical service delivery system. Before any blended funding project is established by the secretary, any entity or person proposing the project shall seek input from the public health and safety network or networks established in the catchment area of the project. The network or networks shall submit recommendations on the blended funding project to the family policy council. The family policy council shall advise the secretary whether to approve the proposed blended funding project. The network shall review the proposed blended funding project pursuant to its authority to examine the decategorization of program funds under RCW 70.190.110, within the current appropriation level. The department shall document the number of children who participate in blended funding projects, the total blended funding amounts per child, the amount charged to each appropriation by program, and services provided to each child through each blended funding project and report this information to the appropriate committees of the legislature by December 1st of each year, beginning in December 1, 2000.
NEW SECTION. Sec. 3. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 4. This act takes effect July 1, 2000."
On page 1, line 1 of the title, after "youth;" strike the remainder of the title and insert "amending RCW 74.14A.020; adding a new section to chapter 74.14A RCW; and providing an effective date."
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. 2807 and advanced the bill as amended by the Senate to final passage.
Representative Kagi spoke in favor of final passage of the bill.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE
Speaker Chopp stated the question before the House to be final passage of House Bill No. 2807 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2807 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.
House Bill No. 2807, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 7, 2000
Mr. Speaker:
The Senate receded from the Human Services and Corrections Committee striking amendment(s) to SUBSTITUTE HOUSE BILL NO. 2912, adopted on March 1, 2000. Under Suspension of Rules, the Senate returned the bill to Second Reading for purpose of amendment(s). The Senate adopted amendment(s) #280, and passed the bill as amended,
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The department of social and health services shall report to the legislature the following information regarding children in out-of-home care who remained in out-of-home care longer than ninety days for at least one placement episode and received "fee for service" medical assistance during fiscal year 1999:
(a) The number of children who were prescribed medication during an out-of-home care episode;
(b) The medical diagnosis for all children on prescribed medications;
(c) The number, types, and frequency of medications prescribed to children;
(d) The number of children receiving multiple medications;
(e) The number of children prescribed Ritalin; and
(f) The total number of children in out-of-home care episodes exceeding ninety days during fiscal year 1999, and the number of those children receiving medication.
(2) For purposes of this section, "medication" means psychotropic medication or other medication prescribed to address psychiatric or other behavioral issues.
(3) The report is due to the legislature on or before December 15, 2000."
On page 1, line 2 of the title, after "custody;" strike the remainder of the title and insert "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. 2912 and advanced the bill as amended by the Senate to final passage.
Representatives Boldt and Kagi spoke in favor of final passage of the bill.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE
Speaker Chopp stated the question before the House to be final passage of Substitute House Bill No. 2912 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2912 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. 2912, as amended by the Senate, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
March 6, 2000
Mr. Speaker:
The Senate refuses to concur in the House amendment(s) to SUBSTITUTE SENATE BILL NO. 6336 and asks the House to recede therefrom,
and the same is herewith transmitted.
Tony M. Cook, Secretary
There being no objection, the House receded in its amendment(s) to Substitute Senate Bill No. 6336 and advanced the bill to final passage.
Representatives O'Brien and Ballasiotes spoke in favor of final passage of the bill.
Speaker Chopp stated the question before the House to be final passage of Substitute Senate Bill No. 6336.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6336 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 Senate Bill No. 6336, as amended by the Senate, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
March 6, 2000
Mr. Speaker:
The Senate refuses to concur in the House amendment(s) to ENGROSSED SENATE BILL NO. 6555 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 amendments to Engrossed Senate Bill No. 6555, and advanced the bill to final passage.
Representatives D. Sommers and Tokuda spoke in favor of final passage of the bill.
Speaker Chopp stated the question before the House to be final passage of Engrossed Senate Bill No. 6555.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 6555 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.
Engrossed Senate Bill No. 6555, having received the constitutional majority, was declared passed.
RECONSIDERATION
There being no objection, the House reconsidered its decision to not concur in the Senate amendments to Engrossed House Bill No. 2985. There being no objection, the House deferred action on Engrossed House Bill No. 2985, and the bill held its place on the Concurrence/Dispute calendar.
There being no objection, the House advanced to the eighth order of business.
MOTION
Representative Kessler moved that the Committee on State Government be relieved of Engrossed Senate Bill No. 6402, the Civil Service Reform Act of 2000, and that the bill be placed on the day's Second Reading calendar.
Representative Mastin raised the point of order that the Representative from the 24th District's motion to relieve the Committee on State Government of Engrossed Senate Bill No. 6402 was out of order under House Rules A3 (House Resolution No. 1999-4600).
There being no objection, the House deferred action on Engrossed Senate Bill No. 6402 pending ruling by the Co-Speakers.
MOTION
Representative Kessler moved that the Committee on Commerce & Labor be relieved of Senate Bill No. 6368, Providing unemployment for locked out workers, and that the bill be placed on Second Reading.
Representative Mastin raised the point of order that the Representative from the 24th District's motion to relieve the Committee on Commerce & Labor of Senate Bill No. 6368 was out of order under House Rules A3 (House Resolution No. 1999-4600).
There being no objection, the House deferred action on Senate Bill No. 6368 pending ruling by the Co-Speakers.
RESOLUTION
HOUSE RESOLUTION NO. 2000-4792, by Representatives Ogden, Pennington, Quall, Talcott, Carlson, Wensman, Esser, McDonald, Thomas and D. Schmidt
WHEREAS, Washington was created as a representative democracy in which all governmental power is inherent in the people who exercise that power through the legislative, executive, and judicial branches; and
WHEREAS, Benjamin Rush, signer of the Declaration of Independence, stated, "There is but one method of rendering a republican form of government durable, and that is by disseminating the seeds of virtue and knowledge through every part of the state by means of proper places and modes of education, and this can be done effectively only by the aid of the legislature"; and
WHEREAS, Civic education is a vital tool to promote greater understanding of the legislative institution and the role of legislators in representative democracy; and
WHEREAS, The National Conference of State Legislatures (NCSL) urges the nation's state legislatures to promote civic education about representative democracy; and
WHEREAS, NCSL has established America's Legislators Back to School Day, a national day on which state legislators across the nation visit schools and classrooms to talk about the legislature and to observe activities in the schools; and
WHEREAS, Legislators will benefit from interacting with students, teachers, and administrators;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington support civic education to promote greater understanding of the legislative institution and the role of legislators in representative democracy, declare that September be designated as Washington Legislators Back to School Month, and urge all members of the legislature to visit schools during that month.
There being no objection, House Resolution No. 2000-4792 was adopted.
SENATE AMENDMENTS TO HOUSE BILL
February 29, 2000
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 2441 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.131.020 and 1977 ex.s. c 289 s 2 are each amended to read as follows:
The state legislature finds that state ((agencies)) entities may fail to deliver services as effectively and efficiently as is expected by the general public and as originally contemplated by the legislature. It further finds that state government actions have produced a substantial increase in numbers of ((agencies)) entities, growth of programs, and proliferation of rules ((and regulations)), and that the entire process has evolved without sufficient legislative and executive oversight, regulatory accountability, or a system of checks and balances. The legislature further finds that by establishing a system for the termination, continuation, or modification of state ((agencies)) entities, coupled with a system of scheduled review of such ((agencies)) entities, it will be in a better position to: Evaluate the need for the continued existence of existing and future state ((agencies)) entities; assess the effectiveness and performance of agencies, boards, commissions, and programs; and ensure public accountability. The legislature recognizes that the executive branch shares in this duty and responsibility to assure that state government operates in an efficient, orderly, and responsive manner.
Sec. 2. RCW 43.131.030 and 1983 1st ex.s. c 27 s 1 are each amended to read as follows:
As used in this chapter the following words and phrases shall have the following meanings unless the context clearly requires otherwise.
(1) (("Committees of reference" means the standing legislative committees designated by the senate and house of representatives to consider termination, modification, or reestablishment of state agencies pursuant to this chapter.)) "Entity" includes every state office, department, board, commission, unit or subunit, and agency of the state, and where provided by law, programs and activities involving less than the full responsibility of a state agency. "Entity" also includes any part of the Revised Code of Washington scheduled for repeal, expiration, or program termination.
(2) "Person" includes every natural person, firm, partnership, corporation, association, or organization.
(((3) "Regulatory entity" means any board, commission, agency, division, or other unit or subunit of state government which licenses or regulates one or more professions, occupations, industries, businesses, or other endeavors in the state of Washington.
(4) "State agency" includes every state office, department, board, commission, regulatory entity and agency of the state, and where provided by law, programs and activities involving less than the full responsibility of a state agency.))
Sec. 3. RCW 43.131.040 and 1983 1st ex.s. c 27 s 2 are each amended to read as follows:
Any state ((agency)) entity scheduled for termination by the processes provided in this chapter may be reestablished by the legislature for a specified period of time or indefinitely. The legislature may again review the state ((agency)) entity in a manner consistent with the provisions of this chapter and reestablish, modify, or consolidate such state ((agency)) entity or allow it to be terminated.
NEW SECTION. Sec. 4. A new section is added to chapter 43.131 RCW to read as follows:
The joint legislative audit and review committee shall conduct a program and fiscal review of any entity scheduled for termination under this chapter. This program and fiscal review shall be completed and a preliminary report prepared during the calendar year prior to the date established for termination. These reports shall be prepared in the manner set forth in RCW 44.28.071 and 44.28.075. Upon completion of its preliminary report, the joint legislative audit and review committee shall transmit copies of the report to the office of financial management and any affected entity. The final report shall include the response, if any, of the affected entity and the office of financial management in the same manner as set forth in RCW 44.28.088, except the affected entity and the office of financial management shall have sixty days to respond to the report. The joint legislative audit and review committee shall transmit the final report to the legislature, to the state entity affected, to the governor, and to the state library.
NEW SECTION. Sec. 5. A new section is added to chapter 43.131 RCW to read as follows:
(1) Any entity may be scheduled for sunset termination and review under this chapter by law.
(2) An entity scheduled for sunset termination shall establish performance measures, as required under subsection (3) of this section, and must be evaluated, in part, in terms of the results. The entity has the burden of demonstrating the extent to which performance results have been achieved. The sunset termination legislation shall name a lead entity, if more than one entity is impacted by scheduled termination. The affected entity or lead entity has the responsibility for developing and implementing a data collection plan and submitting the resulting performance information to the joint legislative audit and review committee.
(3) An entity shall develop performance measures and a data collection plan and submit them for review and comment to the joint legislative audit and review committee within one year of the effective date of the legislation establishing the sunset termination.
(4) Unless specified otherwise, sunset terminations under this chapter shall be a minimum of seven years. The joint legislative audit and review committee shall complete its review in the year prior to the date of termination.
NEW SECTION. Sec. 6. A new section is added to chapter 43.131 RCW to read as follows:
(1) In conducting the review of an entity, the joint legislative audit and review committee shall determine the scope and objectives of the review and consider, but not be limited to, the following factors, if applicable:
(a) The extent to which the entity has complied with legislative intent;
(b) The extent to which the entity is operating in an efficient and economical manner which results in optimum performance;
(c) The extent to which the entity is operating in the public interest by controlling costs;
(d) The extent to which the entity duplicates the activities of other entities or of the private sector;
(e) The extent to which the entity is meeting the performance measures developed under section 5 of this act; and
(f) The possible impact of the termination or modification of the entity.
(2) After completing the review under subsection (1) of this section, the committee shall make its recommendations to the legislature.
Sec. 7. RCW 43.131.090 and 1993 c 281 s 54 are each amended to read as follows:
Unless the legislature specifies a shorter period of time, a terminated ((state agency)) entity shall continue in existence until June 30th of the next succeeding year for the purpose of concluding its affairs: PROVIDED, That the powers and authority of the ((state agency)) entity shall not be reduced or otherwise limited during this period. Unless otherwise provided:
(1) All employees of terminated ((state agencies)) entities classified under chapter 41.06 RCW, the state civil service law, shall be transferred as appropriate or as otherwise provided in the procedures adopted by the Washington personnel resources board pursuant to RCW 41.06.150;
(2) All documents and papers, equipment, or other tangible property in the possession of the terminated ((state agency)) entity shall be delivered to the custody of the ((agency)) entity assuming the responsibilities of the terminated ((agency)) entity or if such responsibilities have been eliminated, documents and papers shall be delivered to the state archivist and equipment or other tangible property to the department of general administration;
(3) All funds held by, or other moneys due to, the terminated ((state agency)) entity shall revert to the fund from which they were appropriated, or if that fund is abolished to the general fund;
(4) Notwithstanding the provisions of RCW 34.05.020, all rules made by a terminated ((state agency)) entity shall be repealed, without further action by the ((state agency)) entity, at the end of the period provided in this section, unless assumed and reaffirmed by the ((agency)) entity assuming the related legal responsibilities of the terminated ((state agency)) entity;
(5) All contractual rights and duties of ((a state agency)) an entity shall be assigned or delegated to the ((agency)) entity assuming the responsibilities of the terminated ((state agency)) entity, or if there is none to such ((agency)) entity as the governor shall direct.
Sec. 8. RCW 43.131.100 and 1977 ex.s. c 289 s 10 are each amended to read as follows:
This chapter shall not affect the right to institute or prosecute any cause of action by or against ((a state agency)) an entity terminated pursuant to this chapter if the cause of action arose prior to the end of the period provided in RCW 43.131.090. Such causes of action may be instituted, prosecuted, or defended in the name of the state of Washington by the office of the attorney general. Any hearing or other proceeding pending before ((a state agency)) an entity to be terminated and not completed before the end of the period provided in RCW 43.131.090, may be completed by the ((agency)) entity assuming the responsibilities of the terminated ((state agency)) entity.
Sec. 9. RCW 43.131.130 and 1977 ex.s. c 289 s 13 are each amended to read as follows:
Nothing in this chapter or RCW 43.06.010 ((as now or hereafter amended,)) shall prevent the legislature from abolishing or modifying ((a state agency)) an entity scheduled for termination prior to the ((agency's)) entity's established termination date or from abolishing or modifying any other ((state agency)) entity.
Sec. 10. RCW 43.131.150 and 1983 1st ex.s. c 27 s 8 are each amended to read as follows:
The ((state agencies and programs)) entities scheduled for termination under this chapter shall be subject to all of the processes provided in this chapter.
NEW SECTION. Sec. 11. The following acts or parts of acts are each repealed:
(1) RCW 43.131.050 (Joint legislative audit and review committee and office of financial management--Duties--Reports required) and 1996 c 288 s 43, 1990 c 297 s 2, 1979 c 22 s 1, & 1977 ex.s. c 289 s 5;
(2) RCW 43.131.060 (Joint legislative audit and review committee review of regulatory entity--Factors for consideration) and 1996 c 288 s 44, 1988 c 17 s 1, & 1977 ex.s. c 289 s 6;
(3) RCW 43.131.070 (Joint legislative audit and review committee review of a state agency other than a regulatory entity--Factors for consideration) and 1996 c 288 s 45 & 1977 ex.s. c 289 s 7; and
(4) RCW 43.131.080 (Committees of reference--Powers and duties) and 1996 c 288 s 46, 1989 c 175 s 109, 1983 1st ex.s. c 27 s 3, & 1977 ex.s. c 289 s 8.
Sec. 12. RCW 43.131.900 and 1988 c 17 s 2 are each amended to read as follows:
RCW 43.131.010 through 43.131.150 shall expire on June 30, ((2000)) 2015, unless extended by law for an additional fixed period of time.
NEW SECTION. Sec. 13. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."
On page 1, line 2 of the title, after "process;" strike the remainder of the title and insert "amending RCW 43.131.020, 43.131.030, 43.131.040, 43.131.090, 43.131.100, 43.131.130, 43.131.150, and 43.131.900; adding new sections to chapter 43.131 RCW; repealing RCW 43.131.050, 43.131.060, 43.131.070, and 43.131.080; 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. 2441 and advanced the bill as amended by the Senate to final passage.
Representatives Wensman and Romero spoke in favor of final passage of the bill.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE
Speaker Chopp stated the question before the House to be final passage of Substitute House Bill No. 2441 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2441 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. 2441, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 7, 2000
Mr. Speaker:
The Senate receded from the Health and Long-Term Care Committee striking amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2380, adopted on March 1, 2000. Under Suspension of Rules, the Senate returned the bill to Second Reading for purpose of amendment(s). The Senate adopted Amendment #277, and passed the bill as amended,
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 18.20.020 and 1998 c 272 s 14 are each amended to read as follows:
As used in this chapter:
(1) "Aged person" means a person of the age sixty-five years or more, or a person of less than sixty-five years who by reason of infirmity requires domiciliary care.
(2) "Boarding home" means any home or other institution, however named, which is advertised, announced, or maintained for the express or implied purpose of providing board and domiciliary care to ((three)) seven or more aged persons not related by blood or marriage to the operator. ((It)) However, a boarding home that is licensed to provide board and domiciliary care to three to six persons on the effective date of this act may maintain its boarding home license as long as it is continually licensed as a boarding home. "Boarding home" shall not include facilities certified as group training homes pursuant to RCW 71A.22.040, nor any home, institution or section thereof which is otherwise licensed and regulated under the provisions of state law providing specifically for the licensing and regulation of such home, institution or section thereof. Nor shall it include any independent senior housing, independent living units in continuing care retirement communities, or other similar living situations including those subsidized by the department of housing and urban development.
(3) "Person" means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof.
(4) "Secretary" means the secretary of social and health services.
(5) "Department" means the state department of social and health services.
(((6) "Authorized department" means any city, county, city-county health department or health district authorized by the secretary to carry out the provisions of this chapter.))
Sec. 2. RCW 18.20.040 and 1957 c 253 s 4 are each amended to read as follows:
An application for a license shall be made to the department ((or authorized department)) upon forms provided by ((either of said departments)) the department and shall contain such information as the department reasonably requires, which shall include affirmative evidence of ability to comply with such rules ((and regulations)) as are lawfully ((promulgated)) adopted by the ((board)) department.
Sec. 3. RCW 18.20.050 and 1987 c 75 s 3 are each amended to read as follows:
Upon receipt of an application for license, if the applicant and the boarding home facilities meet the requirements established under this chapter, the department ((or the department and the authorized health department jointly,)) shall issue a license. If there is a failure to comply with the provisions of this chapter or the standards((,)) and rules((, and regulations promulgated)) adopted pursuant thereto, the department((, or the department and authorized health department,)) may in its discretion issue to an applicant for a license, or for the renewal of a license, a provisional license which will permit the operation of the boarding home for a period to be determined by the department, ((or the department and authorized health department,)) but not to exceed twelve months, which provisional license shall not be subject to renewal. At the time of the application for or renewal of a license or provisional license the licensee shall pay a license fee as established by the department under RCW 43.20B.110. ((When the license or provisional license is issued jointly by the department and authorized health department, the license fee shall be paid to the authorized health department.)) All licenses issued under the provisions of this chapter shall expire on a date to be set by the department, but no license issued pursuant to this chapter shall exceed twelve months in duration((: PROVIDED, That)). However, when the annual license renewal date of a previously licensed boarding home is set by the department on a date less than twelve months prior to the expiration date of a license in effect at the time of reissuance, the license fee shall be prorated on a monthly basis and a credit be allowed at the first renewal of a license for any period of one month or more covered by the previous license. All applications for renewal of a license shall be made not later than thirty days prior to the date of expiration of the license. Each license shall be issued only for the premises and persons named in the application, and no license shall be transferable or assignable. Licenses shall be posted in a conspicuous place on the licensed premises.
Sec. 4. RCW 18.20.110 and 1985 c 213 s 7 are each amended to read as follows:
The department ((or authorized health department)) shall make or cause to be made at least a yearly inspection and investigation of all boarding homes. Every inspection shall focus primarily on actual or potential resident outcomes, and may include an inspection of every part of the premises and an examination of all records (other than financial records), methods of administration, the general and special dietary, and the stores and methods of supply. Following such an inspection or inspections, written notice of any violation of this law or the rules ((and regulations promulgated)) adopted hereunder((,)) shall be given to the applicant or licensee and the department. The department may prescribe by ((regulations)) rule that any licensee or applicant desiring to make specified types of alterations or additions to its facilities or to construct new facilities shall, before commencing such alteration, addition, or new construction, submit plans and specifications therefor to the ((department or to the authorized department)) agencies responsible for plan reviews for preliminary inspection and approval or recommendations with respect to compliance with the ((regulations)) rules and standards herein authorized.
Sec. 5. RCW 18.20.120 and 1994 c 214 s 25 are each amended to read as follows:
All information received by the department ((or authorized health department)) through filed reports, inspections, or as otherwise authorized under this chapter((,)) shall not be disclosed publicly in any manner as to identify individuals or boarding homes, except at the specific request of a member of the public and disclosure is consistent with RCW 42.17.260(1).
Sec. 6. RCW 18.20.130 and 1995 c 369 s 4 are each amended to read as follows:
Standards for fire protection and the enforcement thereof, with respect to all boarding homes to be licensed hereunder, shall be the responsibility of the chief of the Washington state patrol, through the director of fire protection, who shall adopt such recognized standards as may be applicable to boarding homes for the protection of life against the cause and spread of fire and fire hazards. The department, upon receipt of an application for a license, shall submit to the chief of the Washington state patrol, through the director of fire protection, in writing, a request for an inspection, giving the applicant's name and the location of the premises to be licensed. Upon receipt of such a request, the chief of the Washington state patrol, through the director of fire protection, or his or her deputy, shall make an inspection of the boarding home to be licensed, and if it is found that the premises do not comply with the required safety standards and fire ((regulations)) rules as ((promulgated)) adopted by the chief of the Washington state patrol, through the director of fire protection, he or she shall promptly make a written report to the boarding home and the department ((or authorized department)) as to the manner and time allowed in which the premises must qualify for a license and set forth the conditions to be remedied with respect to fire ((regulations)) rules. The department, ((authorized department,)) applicant, or licensee shall notify the chief of the Washington state patrol, through the director of fire protection, upon completion of any requirements made by him or her, and the chief of the Washington state patrol, through the director of fire protection, or his or her deputy, shall make a reinspection of such premises. Whenever the boarding home to be licensed meets with the approval of the chief of the Washington state patrol, through the director of fire protection, he or she shall submit to the department ((or authorized department,)) a written report approving same with respect to fire protection before a full license can be issued. The chief of the Washington state patrol, through the director of fire protection, shall make or cause to be made inspections of such homes at least annually.
In cities which have in force a comprehensive building code, the provisions of which are determined by the chief of the Washington state patrol, through the director of fire protection, to be equal to the minimum standards of the code for boarding homes adopted by the chief of the Washington state patrol, through the director of fire protection, the chief of the fire department, provided the latter is a paid chief of a paid fire department, shall make the inspection with the chief of the Washington state patrol, through the director of fire protection, or his or her deputy, and they shall jointly approve the premises before a full license can be issued.
Sec. 7. RCW 18.20.190 and 1998 c 272 s 15 are each amended to read as follows:
(1) The department of social and health services is authorized to take one or more of the actions listed in subsection (2) of this section in any case in which the department finds that a boarding home provider has:
(a) Failed or refused to comply with the requirements of this chapter or the rules adopted under this chapter;
(b) Operated a boarding home without a license or under a revoked license;
(c) Knowingly, or with reason to know, made a false statement of material fact on his or her application for license or any data attached thereto, or in any matter under investigation by the department; or
(d) Willfully prevented or interfered with any inspection or investigation by the department.
(2) When authorized by subsection (1) of this section, the department may take one or more of the following actions:
(a) Refuse to issue a license;
(b) Impose reasonable conditions on a license, such as correction within a specified time, training, and limits on the type of clients the provider may admit or serve;
(c) Impose civil penalties of not more than one hundred dollars per day per violation;
(d) Suspend, revoke, or refuse to renew a license; or
(e) Suspend admissions to the boarding home by imposing stop placement.
(3) When the department orders stop placement, the facility shall not admit any new resident until the stop placement order is terminated. The department may approve readmission of a resident to the facility from a hospital or nursing home during the stop placement. The department shall terminate the stop placement when: (a) The violations necessitating the stop placement have been corrected; and (b) the provider exhibits the capacity to maintain adequate care and service.
(4) RCW 43.20A.205 governs notice of a license denial, revocation, suspension, or modification. Chapter 34.05 RCW applies to department actions under this section, except that orders of the department imposing license suspension, stop placement, or conditions for continuation of a license are effective immediately upon notice and shall continue pending any hearing.
NEW SECTION. Sec. 8. A new section is added to chapter 18.20 RCW to read as follows:
(1) In an effort to ensure a cooperative process among the department, boarding home provider representatives, and resident and family representatives on matters pertaining to the boarding home program, the secretary, or his or her designee, shall designate an advisory board. The advisory board must include representatives of the state-wide boarding home associations, the state long-term care ombudsman program, the state-wide resident council program, consumers, and family representatives. Depending on the topic to be discussed, the department may invite other representatives in addition to the named members of the advisory board. The secretary, or his or her designee, shall periodically, but not less than quarterly, convene a meeting of the advisory board to encourage open dialogue on matters affecting the boarding home program. It is, minimally, expected that the department will discuss with the advisory board the department's inspection, enforcement, and quality improvement activities, in addition to seeking their comments and recommendations on matters described under subsection (2) of this section.
(2) The secretary, or his or her designee, shall seek comments and recommendations from the advisory board prior to the adoption of rules and standards, implementation of boarding home provider programs, or development of methods and rates of payment.
(3) For the purpose of implementing this section, "department" means either the department of health or the department of social and health services, depending on which department has the licensing authority under this chapter.
Sec. 9. 1998 c 272 s 24 (uncodified) is amended to read as follows:
(1) Section((s)) 13 ((through 16)) of this act expires July 1, 2000((, unless reauthorized by the legislature)).
(2) Section 17 of this act expires December 12, 1999.
NEW SECTION. Sec. 10. The following acts or parts of acts are each repealed:
(1) RCW 18.20.060 (Actions against license) and 1991 c 3 s 35, 1989 c 175 s 60, 1985 c 213 s 5, & 1957 c 253 s 6; and
(2) RCW 18.20.100 (Enforcement by local authorities--Authorization) and 1979 c 141 s 26 & 1957 c 253 s 10.
NEW SECTION. Sec. 11. This act takes effect July 1, 2000."
On page 1, line 1 of the title, after "homes;" strike the remainder of the title and insert "amending RCW 18.20.020, 18.20.040, 18.20.050, 18.20.110, 18.20.120, 18.20.130, and 18.20.190; amending 1998 c 272 s 24 (uncodified); adding a new section to chapter 18.20 RCW; repealing RCW 18.20.060 and 18.20.100; and providing an effective date."
and the same are herewith transmitted.
Tony M. Cook, Secretary
There being no objection, the House concurred in the Senate amendment(s) to Engrossed Substitute House Bill No. 2380 and advanced the bill as amended by the Senate to final passage.
Representatives Cody and Pflug spoke in favor of final passage of the bill.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE
Speaker Chopp stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2380 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2380 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.
Engrossed Substitute House Bill No. 2380, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 7, 2000
Mr. Speaker:
The Senate receded from the Health and Long-Term Care Committee amendment(s) to HOUSE BILL NO. 2510, adopted on March 1, 2000. Under Suspension of Rules, the Senate returned the bill to Second Reading for purpose of amendment(s). The Senate adopted Amendment #274, and passed the bill as amended,
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 70.127.010 and 1999 c 190 s 1 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Administrator" means an individual responsible for managing the operation of an agency.
(2) "Department" means the department of health.
(((2))) (3) "Director of clinical services" means an individual responsible for nursing, therapy, nutritional, social, and related services that support the plan of care provided in home health and hospice agencies.
(4) "Family" means individuals who are important to, and designated by, the patient or client and who need not be relatives.
(5) "Home care agency" means a ((private or public agency or organization that administers or provides)) person administering or providing home care services directly or through a contract arrangement to ((ill, disabled, or infirm persons)) individuals in places of temporary or permanent residence.
(((3))) (6) "Home care services" means ((personal care services, homemaker services, respite care services, or any other)) nonmedical services and assistance provided to ill, disabled, ((or)) infirm ((persons which services enable these persons to remain in their own residences consistent with their desires, abilities, and safety)), or vulnerable individuals that enable them to remain in their residences. Home care services include, but are not limited to: Personal care such as assistance with dressing, feeding, and personal hygiene to facilitate self-care; homemaker assistance with household tasks, such as housekeeping, shopping, meal planning and preparation, and transportation; respite care assistance and support provided to the family; or other nonmedical services.
(((4))) (7) "Home health agency" means a ((private or public agency or organization that administers or provides home health aide services or)) person administering or providing two or more home health services directly or through a contract arrangement to ((ill, disabled, or infirm persons)) individuals in places of temporary or permanent residence. ((A private or public agency or organization that administers or provides)) A person administering or providing nursing services only may elect to be designated a home health agency for purposes of licensure.
(((5))) (8) "Home health services" means ((health or medical)) services provided to ill, disabled, ((or)) infirm ((persons)), or vulnerable individuals. These services ((may be of an acute or maintenance care nature, and)) include but are not limited to nursing services, home health aide services, physical therapy services, occupational therapy services, speech therapy services, respiratory therapy services, nutritional services, medical social services, and home medical supplies or equipment services.
(((6))) (9) "Home health aide services" means services provided by a home health agency or a hospice agency under the supervision of a registered nurse, physical therapist, occupational therapist, or speech therapist who is employed by or under contract to a home health or hospice agency. Such care includes ambulation and exercise, assistance with self-administered medications, reporting changes in patients' conditions and needs, completing appropriate records, and personal care or homemaker services.
(((7) "Homemaker services" means services that assist ill, disabled, or infirm persons with household tasks essential to achieving adequate household and family management.
(8))) (10) "Home medical supplies" or "equipment services" means diagnostic, treatment, and monitoring equipment and supplies provided for the direct care of individuals within a plan of care.
(11) "Hospice agency" means a ((private or public agency or organization)) person administering or providing hospice ((care)) services directly or through a contract arrangement to ((terminally ill persons)) individuals in places of temporary or permanent residence ((by using)) under the direction of an interdisciplinary team composed of at least ((nursing)) a nurse, social ((work)) worker, physician, ((and pastoral or)) spiritual ((counseling)) counselor, and a volunteer.
(((9))) (12) "Hospice care center" means a homelike, noninstitutional facility where hospice services are provided, and that meets the requirements for operation under section 21 of this act.
(13) "Hospice ((care)) services" means((: (a) Palliative care)) symptom and pain management provided to a terminally ill ((person)) individual, and emotional, spiritual, and bereavement support for the individual and family in a place of temporary or permanent residence ((that alleviates physical symptoms, including pain, as well as alleviates the emotional and spiritual discomfort associated with dying; and (b) bereavement care provided to the family of a terminally ill person that alleviates the emotional and spiritual discomfort associated with the death of a family member. Hospice care)), and may include the provision of home health and ((medical services and personal care, respite, or homemaker services. Family means individuals who are important to and designated by the patient, and who need not be relatives.
(10) "Ill, disabled, or infirm persons" means persons who need home health, hospice, or home care services in order to maintain themselves in their places of temporary or permanent residence.
(11) "Personal care services" means services that assist ill, disabled, or infirm persons with dressing, feeding, and personal hygiene to facilitate self-care.
(12) "Public or private agency or organization" means an entity that employs or contracts with two or more persons who provide care in the home.
(13) "Respite care services" means services that assist or support the primary care giver on a scheduled basis)) home care services for the terminally ill individual.
(14) "In-home services agency" means a person licensed to administer or provide home health, home care, hospice services, or hospice care center services directly or through a contract arrangement to individuals in a place of temporary or permanent residence.
(15) "Person" means any individual, business, firm, partnership, corporation, company, association, joint stock association, public or private agency or organization, or the legal successor thereof that employs or contracts with two or more individuals.
(16) "Plan of care" means a written document based on assessment of individual needs that identifies services to meet these needs.
(17) "Quality improvement" means reviewing and evaluating appropriateness and effectiveness of services provided under this chapter.
(18) "Service area" means the geographic area in which the department has given prior approval to a licensee to provide home health, hospice, or home care services.
(19) "Survey" means an inspection conducted by the department to evaluate and monitor an agency's compliance with this chapter.
Sec. 2. RCW 70.127.020 and 1988 c 245 s 3 are each amended to read as follows:
(1) After July 1, 1990, ((no private or public agency or organization may)) a license is required for a person to advertise, operate, manage, conduct, open, or maintain ((a home health agency without first obtaining a home health agency license from the department)) an in-home services agency.
(2) ((After July 1, 1990, no private or public agency or organization may advertise, operate, manage, conduct, open, or maintain a hospice agency without first obtaining a hospice agency license from the department.
(3) After July 1, 1990, no public or private agency or organization may advertise, operate, manage, conduct, open, or maintain a home care agency without first obtaining a home care agency license from the department.)) An in-home services agency license is required for a nursing home, hospital, or other person that functions as a home health, hospice, hospice care center, or home care agency.
Sec. 3. RCW 70.127.030 and 1988 c 245 s 4 are each amended to read as follows:
It is unlawful for any person to use the words:
(1) ((No person may use the words)) "Home health agency," "home health care services," ((or)) "visiting nurse services," "home health," or "home health services" in its corporate or business name, or advertise using such words unless licensed ((as a home health agency)) to provide those services under this chapter((.));
(2) ((No person may use the words)) "Hospice agency," ((or)) "hospice," "hospice services," "hospice care," or "hospice care center" in its corporate or business name, or advertise using such words unless licensed ((as a hospice agency)) to provide those services under this chapter((.));
(3) ((No person may use the words)) "Home care agency," ((or)) "home care services," or "home care" in its corporate or business name, or advertise using such words unless licensed ((as a home care agency)) to provide those services under this chapter((.)); or
(4) "In-home services agency," "in-home services," or any similar term to indicate that a person is a home health, home care, hospice care center, or hospice agency in its corporate or business name, or advertise using such words unless licensed to provide those services under this chapter.
Sec. 4. RCW 70.127.040 and 1993 c 42 s 2 are each amended to read as follows:
The following are not subject to regulation for the purposes of this chapter:
(1) A family member providing home health, hospice, or home care services;
(2) ((An organization that)) A person who provides only meal services in ((a person's)) an individual's permanent or temporary residence;
(3) ((Entities)) An individual providing home care through a direct agreement with a recipient of care in an individual's permanent or temporary residence;
(4) A person furnishing ((durable)) or delivering home medical supplies or equipment that does not involve the ((delivery)) provision of ((professional)) services beyond those necessary to deliver, set up, and monitor the proper functioning of the equipment and educate the user on its proper use;
(((4))) (5) A person who provides services through a contract with a licensed agency;
(((5))) (6) An employee or volunteer of a licensed agency who provides services only as an employee or volunteer;
(((6))) (7) Facilities and institutions, including but not limited to nursing homes under chapter 18.51 RCW, hospitals under chapter 70.41 RCW, adult family homes under chapter 70.128 RCW, boarding homes under chapter 18.20 RCW, developmental disability residential programs under chapter 71.12 RCW, other entities licensed under chapter 71.12 RCW, or other licensed facilities and institutions, only when providing services to persons residing within the facility or institution ((if the delivery of the services is regulated by the state;
(7) Persons));
(8) Local and combined city-county health departments providing services under chapters 70.05 and 70.08 RCW;
(9) An individual providing care to ill, disabled ((persons)), infirm, or vulnerable individuals through a contract with the department of social and health services;
(((8))) (10) Nursing homes, hospitals, or other institutions, agencies, organizations, or persons that contract with licensed home health, hospice, or home care agencies for the delivery of services;
(((9))) (11) In-home assessments of an ill, disabled, vulnerable, or infirm ((person's ability to adapt to the home environment)) individual that does not result in regular ongoing care at home;
(((10))) (12) Services conducted by and for the adherents of a church or religious denomination that rely upon spiritual means alone through prayer for healing in accordance with the tenets and practices of such church or religious denomination and the bona fide religious beliefs genuinely held by such adherents;
(((11))) (13) A medicare-approved dialysis center operating a medicare-approved home dialysis program;
(((12))) (14) A person providing case management services ((which do not include the direct delivery of home health, hospice, or home care services)). For the purposes of this subsection, "case management" means the assessment, coordination, authorization, planning, training, and monitoring of home health, hospice, and home care, and does not include the direct provision of care to an individual;
(((13))) (15) Pharmacies licensed under RCW 18.64.043 that deliver prescription drugs and durable medical equipment that does not involve the use of professional services beyond those authorized to be performed by licensed pharmacists pursuant to chapter 18.64 RCW and those necessary to set up and monitor the proper functioning of the equipment and educate the person on its proper use;
(16) A volunteer hospice complying with the requirements of RCW 70.127.050; and
(17) A person who provides home care services without compensation.
Sec. 5. RCW 70.127.050 and 1993 c 42 s 3 are each amended to read as follows:
(1) An entity that provides hospice care without receiving compensation for delivery of any of its services is exempt from licensure pursuant to RCW 70.127.020(((2))) (1) if it notifies the department, on forms provided by the department, of its name, address, name of owner, and a statement affirming that it provides hospice care without receiving compensation for delivery of any of its services. This form must be filed with the department ((within sixty days after June 30, 1993, or)) within sixty days after being informed in writing by the department of this requirement for obtaining exemption from licensure under this chapter.
(2) For the purposes of this section, it is not relevant if the entity compensates its staff. For the purposes of this section, the word "compensation" does not include donations.
(3) Notwithstanding the provisions of RCW 70.127.030(2), an entity that provides hospice care without receiving compensation for delivery of any of its services is allowed to use the phrase "volunteer hospice."
(4) Nothing in this chapter precludes an entity providing hospice care without receiving compensation for delivery of any of its services from obtaining a hospice license if it so chooses, but that entity would be exempt from the requirements set forth in RCW 70.127.080(1)(d) ((and (e))).
Sec. 6. RCW 70.127.080 and 1999 c 190 s 2 are each amended to read as follows:
(1) An applicant for ((a home health, hospice, or home care)) an in-home services agency license shall:
(a) File a written application on a form provided by the department;
(b) Demonstrate ability to comply with this chapter and the rules adopted under this chapter;
(c) Cooperate with on-site ((review)) survey conducted by the department ((prior to licensure or renewal)) except as provided in RCW 70.127.085;
(d) Provide evidence of and maintain professional liability, public liability, and property damage insurance ((in the amount of one hundred thousand dollars per occurrence or adequate self-insurance as approved by the department)) in an amount established by the department, based on industry standards. This subsection shall not apply to hospice agency applicants that provide hospice care without receiving compensation for delivery of services;
(e) ((Provide evidence of and maintain public liability and property damage insurance coverage in the sum of fifty thousand dollars for injury or damage to property per occurrence and fifty thousand dollars for injury or damage, including death, to any one person and one hundred thousand dollars for injury or damage, including death, to more than one person, or evidence of adequate self-insurance for public liability and property damage as approved by the department. This subsection shall not apply to hospice agency applicants that provide hospice care without receiving compensation for delivery of services;
(f))) Provide ((such proof as the department may require concerning)) documentation of an organizational structure, and the identity of the applicant, officers, administrator, directors of clinical services, partners, managing employees, or owners of ten percent or more of the applicant's assets;
(((g))) (f) File with the department for approval a description of the service area in which the applicant will operate and a description of how the applicant intends to provide management and supervision of services throughout the service area. The department shall adopt rules necessary to establish criteria for approval that are related to appropriate management and supervision of services throughout the service area. In developing the rules, the department may not establish criteria that:
(i) Limit the number or type of agencies in any service area; or
(ii) Limit the number of persons any agency may serve within its service area unless the criteria are related to the need for trained and available staff to provide services within the service area;
(((h))) (g) File with the department a list of the home health, hospice, and home care services ((offered)) provided directly and under contract;
(((i))) (h) Pay to the department a license fee as provided in RCW 70.127.090; ((and
(j))) (i) Comply with RCW 43.43.830 through 43.43.842 for criminal background checks; and
(j) Provide any other information that the department may reasonably require.
(2) A certificate of need under chapter 70.38 RCW is not required for licensure except for the operation of a hospice care center.
(((3) A license or renewal shall not be granted pursuant to this chapter if the applicant, officers, directors, partners, managing employees, or owners of ten percent or more of the applicant's assets, within the last five years have been found in a civil or criminal proceeding to have committed any act which reasonably relates to the person's fitness to establish, maintain, or administer an agency or to provide care in the home of another.))
Sec. 7. RCW 70.127.085 and 1993 c 42 s 11 are each amended to read as follows:
(1) Notwithstanding the provisions of RCW 70.127.080(1)(c), ((a home health or hospice agency)) an in-home services agency that is certified by the federal medicare program, or accredited by the community health accreditation program, or the joint commission on accreditation of health care organizations as a home health or hospice agency ((shall be granted the applicable renewal license, without necessity of)) is not subject to a state licensure ((on-site)) survey if:
(a) The department determines that the applicable survey standards of the certification or accreditation program are substantially equivalent to those required by this chapter;
(b) An on-site survey has been conducted for the purposes of certification or accreditation during the previous twenty-four months; and
(c) The department receives directly from the certifying or accrediting entity or from the licensee applicant copies of the initial and subsequent survey reports and other relevant reports or findings that indicate compliance with licensure requirements.
(2) Notwithstanding the provisions of RCW 70.127.080(1)(c), ((a home care agency)) an in-home services agency providing services under contract with the department of social and health services or area agency on aging to provide home care services and that is monitored by the department of social and health services or area agency on aging ((shall be granted a renewal license, without necessity of an on-site)) is not subject to a state licensure survey by the department of health if:
(a) The department determines that the department of social and health services or an area agency on aging monitoring standards are substantially equivalent to those required by this chapter;
(b) An on-site monitoring has been conducted by the department of social and health services or an area agency on aging during the previous twenty-four months;
(c) The department of social and health services or an area agency on aging includes in its monitoring a sample of private pay clients, if applicable; and
(d) The department receives directly from the department of social and health services copies of monitoring reports and other relevant reports or findings that indicate compliance with licensure requirements.
(3) The department retains authority to survey those services areas not addressed by the national accrediting body, department of social and health services, or an area agency on aging.
(4) In reviewing the federal, the joint commission on accreditation of health care organizations, the community health accreditation program, or the department of social and health services survey standards for substantial equivalency to those set forth in this chapter, the department is directed to provide the most liberal interpretation consistent with the intent of this chapter. In the event the department determines at any time that the survey standards are not substantially equivalent to those required by this chapter, the department is directed to notify the affected licensees. The notification shall contain a detailed description of the deficiencies in the alternative survey process, as well as an explanation concerning the risk to the consumer. The determination of substantial equivalency for alternative survey process and lack of substantial equivalency are agency actions and subject to RCW 34.05.210 through 34.05.395 and 34.05.510 through ((34.05.680)) 34.05.675.
(((4) Agencies receiving a license without necessity of an on-site survey by the department under this chapter shall pay the same licensure or transfer fee as other agencies in their licensure category. It is the intent of this section that the licensure fees for all agencies will be lowered by the elimination of the duplication that currently exists.))
(5) ((In order to avoid unnecessary costs,)) The department is ((not)) authorized to perform a validation survey ((if it is also the agency performing the certification or accreditation survey. Where this is not the case,)) on in-home services agencies who previously received a survey through accreditation or contracts with the department of social and health services or an area agency on aging under subsection (2) of this section. The department is authorized to perform a validation survey on no greater than ((five)) ten percent of each type of certification or accreditation survey.
(6) This section does not affect the department's enforcement authority for licensed agencies.
Sec. 8. RCW 70.127.090 and 1999 c 190 s 3 are each amended to read as follows:
(1) Application and renewal fee: An application for a license or any renewal shall be accompanied by a fee as established by the department under RCW 43.70.250. The department shall adopt by rule licensure fees based on a sliding scale using such factors as the number of agency full-time equivalents, geographic area served, number of locations, or type and volume of services provided. For agencies receiving a licensure survey that requires more than two on-site ((reviews)) surveys by the department per licensure period, an additional fee as determined by the department by rule shall be charged for each additional on-site ((review)) survey. ((The department shall charge a reasonable fee for processing changes in ownership.)) The department may set different licensure fees for each licensure category. Agencies receiving a license without necessity of an on-site survey by the department under this chapter shall pay the same licensure or transfer fee as other agencies in their licensure category.
(2) Change of ownership fee: The department shall charge a reasonable fee for processing changes in ownership. The fee for transfer of ownership may not exceed fifty percent of the base licensure fee.
(3) Late fee: The department may establish a late fee for failure to apply for licensure or renewal as required by this chapter.
Sec. 9. RCW 70.127.100 and 1993 c 42 s 6 are each amended to read as follows:
Upon receipt of an application under RCW 70.127.080 for a license and the license fee, the department shall issue a license if the applicant meets the requirements established under this chapter. A license issued under this chapter shall not be transferred or assigned without thirty days prior notice to the department and the department's approval. A license, unless suspended or revoked, is effective for a period of two years, however an initial license is only effective for twelve months. The department shall conduct ((an on-site review)) a survey within each licensure period((. The department)) and may conduct a licensure survey after ownership transfer. ((The fee for this survey may not exceed fifty percent of the base licensure fee. The department may establish penalty fees for failure to apply for licensure or renewal as required by this chapter.))
Sec. 10. RCW 70.127.120 and 1993 c 42 s 8 are each amended to read as follows:
The department shall adopt rules consistent with RCW 70.127.005 necessary to implement this chapter under chapter 34.05 RCW. In order to ensure safe and adequate care, the rules shall address at a minimum the following:
(1) Maintenance and preservation of all records relating directly to the care and treatment of ((persons)) individuals by licensees;
(2) Establishment and implementation of a procedure for the receipt, investigation, and disposition of complaints ((by the department)) regarding services provided ((by licensees));
(3) Establishment and implementation of a plan for ((on-going)) ongoing care of ((persons)) individuals and preservation of records if the licensee ceases operations;
(4) Supervision of services;
(5) ((Maintenance)) Establishment and implementation of written policies regarding response to referrals and access to services ((at all times));
(6) ((Maintenance)) Establishment and implementation of written personnel policies ((and)), procedures and personnel records for paid staff that provide for ((rehire)) prehire screening, minimum qualifications, regular performance evaluations, including observation in the home, participation in orientation and in-service training, and involvement in quality ((assurance)) improvement activities. The department may not establish experience or other qualifications for agency personnel or contractors beyond that required by state law;
(7) ((Maintenance)) Establishment and implementation of written policies and procedures for volunteers ((that)) who have direct patient/client contact and that provide for background and health screening, orientation, and supervision; ((and))
(8) ((Maintenance)) Establishment and implementation of written policies ((on)) for obtaining regular reports on patient satisfaction;
(9) Establishment and implementation of a quality improvement process; and
(10) Establishment and implementation of policies related to the delivery of care including:
(a) Plan of care for each individual served;
(b) Periodic review of the plan of care;
(c) Supervision of care and clinical consultation as necessary;
(d) Care consistent with the plan;
(e) Admission, transfer, and discharge from care; and
(f) For hospice services:
(i) Availability of twenty-four hour seven days a week hospice registered nurse consultation and in-home services as appropriate;
(ii) Interdisciplinary team communication as appropriate and necessary; and
(iii) The use and availability of volunteers to provide family support and respite care.
Sec. 11. RCW 70.127.125 and 1993 c 42 s 7 are each amended to read as follows:
The department is directed to continue to develop, with opportunity for comment from licensees, interpretive guidelines that are specific to each type of ((license)) service and consistent with legislative intent.
Sec. 12. RCW 70.127.140 and 1988 c 245 s 15 are each amended to read as follows:
(1) ((A licensee)) An in-home services agency shall provide each ((person)) individual or designated representative with a written bill of rights affirming each ((person's)) individual's right to:
(a) A listing of the in-home services offered by the in-home services agency and those being provided;
(b) The name of the ((person)) individual supervising the care and the manner in which that ((person)) individual may be contacted;
(c) A description of the process for submitting and addressing complaints;
(d) Submit complaints without retaliation and to have the complaint addressed by the agency;
(e) Be informed of the state complaint hotline number;
(f) A statement advising the ((person)) individual or representative of the right to ((participate)) ongoing participation in the development of the plan of care;
(((e))) (g) A statement providing that the ((person)) individual or representative is entitled to information regarding access to the department's ((registry)) listing of providers and to select any licensee to provide care, subject to the ((patient's)) individual's reimbursement mechanism or other relevant contractual obligations;
(((f))) (h) Be treated with courtesy, respect, privacy, and freedom from abuse and discrimination;
(((g))) (i) Refuse treatment or services;
(((h) Have patient records be confidential; and
(i) Have)) (j) Have property treated with respect;
(k) Privacy of personal information and confidentiality of health care records;
(l) Be cared for by properly trained staff ((and)) with coordination of services;
(m) A fully itemized billing statement upon request, including the date of each service and the charge. Licensees providing services through a managed care plan shall not be required to provide itemized billing statements; and
(n) Be informed about advanced directives and the agency's responsibility to implement them.
(2) ((Upon request, a licensee shall provide each person or designated representative with a fully itemized billing statement at least monthly, including the date of each service and the charge. Licensees providing services through a managed care plan shall not be required to provide itemized billing statements.)) An in-home services agency shall ensure rights under this section are implemented and updated as appropriate.
Sec. 13. RCW 70.127.150 and 1988 c 245 s 16 are each amended to read as follows:
No licensee, contractee, or employee may hold a durable power of attorney on behalf of any ((person)) individual who is receiving care from the licensee.
Sec. 14. RCW 70.127.170 and 1988 c 245 s 18 are each amended to read as follows:
Pursuant to chapter 34.05 RCW and RCW 70.127.180(3), the department may deny, restrict, condition, modify, suspend, or revoke a license under this chapter or, in lieu thereof or in addition thereto, assess monetary penalties of a civil nature not to exceed one thousand dollars per violation, or require a refund of any amounts billed to, and collected from, the consumer or third-party payor in any case in which it finds that the licensee, or any applicant, officer, director, partner, managing employee, or owner of ten percent or more of the applicant's or licensee's assets:
(1) Failed or refused to comply with the requirements of this chapter or the standards or rules adopted under this chapter;
(2) Was the holder of a license issued pursuant to this chapter that was revoked for cause and never reissued by the department, or that was suspended for cause and the terms of the suspension have not been fulfilled and the licensee has continued to operate;
(3) Has knowingly or with reason to know made a misrepresentation of, false statement of, or failed to disclose, a material fact to the department in ((the)) an application for the license or any data attached thereto or in any record required by this chapter or matter under investigation by the department, or during a survey, or concerning information requested by the department;
(4) Refused to allow representatives of the department to inspect any book, record, or file required by this chapter to be maintained or any portion of the licensee's premises;
(5) Willfully prevented, interfered with, or attempted to impede in any way the work of any representative of the department and the lawful enforcement of any provision of this chapter. This includes but is not limited to: Willful misrepresentation of facts during a survey, investigation, or administrative proceeding or any other legal action; or use of threats or harassment against any patient, client, or witness, or use of financial inducements to any patient, client, or witness to prevent or attempt to prevent him or her from providing evidence during a survey or investigation, in an administrative proceeding, or any other legal action involving the department;
(6) Willfully prevented or interfered with any representative of the department in the preservation of evidence of any violation of this chapter or the rules adopted under this chapter;
(7) Failed to pay any civil monetary penalty assessed by the department pursuant to this chapter within ten days after the assessment becomes final;
(8) Used advertising that is false, fraudulent, or misleading;
(9) Has repeated incidents of personnel performing services beyond their authorized scope of practice; ((or))
(10) Misrepresented or was fraudulent in any aspect of the conduct of the licensee's business;
(11) Within the last five years, has been found in a civil or criminal proceeding to have committed any act that reasonably relates to the person's fitness to establish, maintain, or administer an agency or to provide care in the home of another;
(12) Was the holder of a license to provide care or treatment to ill, disabled, infirm, or vulnerable individuals that was denied, restricted, not renewed, surrendered, suspended, or revoked by a competent authority in any state, federal, or foreign jurisdiction. A certified copy of the order, stipulation, or agreement is conclusive evidence of the denial, restriction, nonrenewal, surrender, suspension, or revocation;
(13) Violated any state or federal statute, or administrative rule regulating the operation of the agency;
(14) Failed to comply with an order issued by the secretary or designee;
(15) Aided or abetted the unlicensed operation of an in-home services agency;
(16) Operated beyond the scope of the in-home services agency license;
(17) Failed to adequately supervise staff to the extent that the health or safety of a patient or client was at risk;
(18) Compromised the health or safety of a patient or client, including, but not limited to, the individual performing services beyond their authorized scope of practice;
(19) Continued to operate after license revocation, suspension, or expiration, or operating outside the parameters of a modified, conditioned, or restricted license;
(20) Failed or refused to comply with chapter 70.02 RCW;
(21) Abused, neglected, abandoned, or financially exploited a patient or client as these terms are defined in RCW 74.34.020;
(22) Misappropriated the property of an individual;
(23) Is unqualified or unable to operate or direct the operation of the agency according to this chapter and the rules adopted under this chapter;
(24) Obtained or attempted to obtain a license by fraudulent means or misrepresentation; or
(25) Failed to report abuse or neglect of a patient or client in violation of chapter 74.34 RCW.
Sec. 15. RCW 70.127.180 and 1988 c 245 s 19 are each amended to read as follows:
(1) The department may at any time conduct ((an on-site review)) a survey of all records and operations of a licensee ((or conduct in-home visits)) in order to determine compliance with this chapter. The department may ((also examine and audit records necessary to determine compliance with this chapter)) conduct in-home visits to observe patient/client care and services. The right to conduct ((an on-site review and audit and examination of records)) a survey shall extend to any premises and records of persons whom the department has reason to believe are providing home health, hospice, or home care services without a license.
(2) Following ((an on-site review, in-home visit, or audit)) a survey, the department shall give written notice of any violation of this chapter or the rules adopted under this chapter. The notice shall describe the reasons for noncompliance ((and inform the licensee that it must comply within a specified reasonable time, not to exceed sixty days. If the licensee fails to comply, the licensee is subject to disciplinary action under RCW 70.127.170)).
(3) The licensee may be subject to formal enforcement action under RCW 70.127.170 if the department determines: (a) The licensee has previously been subject to a formal enforcement action for the same or similar type of violation of the same statute or rule, or has been given previous notice of the same or similar type of violation of the same statute or rule; (b) the licensee failed to achieve compliance with a statute, rule, or order by the date established in a previously issued notice or order; (c) the violation resulted in actual serious physical or emotional harm or immediate threat to the health, safety, welfare, or rights of one or more individuals; or (d) the violation has a potential for serious physical or emotional harm or immediate threat to the health, safety, welfare, or rights of one or more individuals.
Sec. 16. RCW 70.127.190 and 1988 c 245 s 20 are each amended to read as follows:
All information received by the department through filed reports, ((audits, on-site reviews,)) surveys, and in-home visits((, or as otherwise authorized)) conducted under this chapter shall not be disclosed publicly in any manner that would identify ((persons)) individuals receiving care under this chapter.
Sec. 17. RCW 70.127.200 and 1988 c 245 s 21 are each amended to read as follows:
(1) Notwithstanding the existence or use of any other remedy, the department may, in the manner provided by law and upon the advice of the attorney general, who shall represent the department in the proceedings, maintain an action in the name of the state for an injunction or other process against any person to restrain or prevent the advertising, operating, maintaining, managing, or opening of a home health, hospice, hospice care center, or home care agency without ((a)) an in-home services agency license under this chapter.
(2) The injunction shall not relieve the person operating an in-home services agency without a license from criminal prosecution, or the imposition of a civil fine under section 19(2) of this act, but the remedy by injunction shall be in addition to any criminal liability or civil fine. A person that violates an injunction issued under this chapter shall pay a civil penalty, as determined by the court, of not more than twenty-five thousand dollars, which shall be deposited in the department's local fee account. For the purpose of this section, the superior court issuing any injunction shall retain jurisdiction and the cause shall be continued, and in such cases the attorney general acting in the name of the state may petition for the recovery of civil penalties. All fines, forfeitures, and penalties collected or assessed by a court because of a violation of RCW 70.127.020 shall be deposited in the department's local fee account.
Sec. 18. RCW 70.127.210 and 1988 c 245 s 22 are each amended to read as follows:
(1) Any person violating RCW 70.127.020 is guilty of a misdemeanor. Each day of a continuing violation is a separate violation.
(2) If any corporation conducts any activity for which a license is required by this chapter without the required license, it may be punished by forfeiture of its corporate charter. All fines, forfeitures, and penalties collected or assessed by a court because of a violation of RCW 70.127.020 shall be deposited in the department's local fee account.
NEW SECTION. Sec. 19. A new section is added to chapter 70.127 RCW to read as follows:
(1) The department may issue a notice of intention to issue a cease and desist order to any person whom the department has reason to believe is engaged in the unlicensed operation of an in-home services agency. The person to whom the notice of intent is issued may request an adjudicative proceeding to contest the charges. The request for hearing must be filed within twenty days after service of the notice of intent to issue a cease and desist order. The failure to request a hearing constitutes a default, whereupon the department may enter a permanent cease and desist order, which may include a civil fine. All proceedings shall be conducted in accordance with chapter 34.05 RCW.
(2) If the department makes a final determination that a person has engaged or is engaging in unlicensed operation of an in-home services agency, the department may issue a cease and desist order. In addition, the department may impose a civil fine in an amount not exceeding one thousand dollars for each day upon which the person engaged in unlicensed operation of an in-home services agency. The proceeds of such fines shall be deposited in the department's local fee account.
(3) If the department makes a written finding of fact that the public interest will be irreparably harmed by delay in issuing an order, the department may issue a temporary cease and desist order. The person receiving a temporary cease and desist order shall be provided an opportunity for a prompt hearing. The temporary cease and desist order shall remain in effect until further order of the department. The failure to request a prompt or regularly scheduled hearing constitutes a default, whereupon the department may enter a permanent cease and desist order, which may include a civil fine.
(4) Neither the issuance of a cease and desist order nor payment of a civil fine shall relieve the person so operating an in-home services agency without a license from criminal prosecution, but the remedy of a cease and desist order or civil fine shall be in addition to any criminal liability. The cease and desist order is conclusive proof of unlicensed operation and may be enforced under RCW 7.21.060. This method of enforcement of the cease and desist order or civil fine may be used in addition to, or as an alternative to, any provisions for enforcement of agency orders set out in chapter 34.05 RCW.
NEW SECTION. Sec. 20. A new section is added to chapter 70.127 RCW to read as follows:
The legislature finds that the operation of an in-home services agency without a license in violation of this chapter is a matter vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Operation of an in-home services agency without a license in violation of this chapter is not reasonable in relation to the development and preservation of business. Such a violation is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
NEW SECTION. Sec. 21. A new section is added to chapter 70.127 RCW to read as follows:
(1) Applicants desiring to operate a hospice care center are subject to the following:
(a) The application may only be made by a licensed hospice agency. The agency shall list which of the following service categories will be provided:
(i) General inpatient care;
(ii) Continuous home care;
(iii) Routine home care; or
(iv) Inpatient respite care;
(b) A certificate of need is required under chapter 70.38 RCW;
(c) A hospice agency may operate more than one hospice care center in its service area;
(d) For hospice agencies that operate a hospice care center, no more than forty-nine percent of patient care days, in the aggregate on a biennial basis, may be provided in the hospice care center;
(e) The maximum number of beds in a hospice care center is twenty;
(f) The maximum number of individuals per room is one, unless the individual requests a roommate;
(g) A hospice care center may either be owned or leased by a hospice agency. If the agency leases space, all delivery of interdisciplinary services, to include staffing and management, shall be done by the hospice agency; and
(h) A hospice care center may either be freestanding or a separate portion of another building.
(2) The department is authorized to develop rules to implement this section. The rules shall be specific to each hospice care center service category provided. The rules shall at least specifically address the following:
(a) Adequate space for family members to visit, meet, cook, share meals, and stay overnight with patients or clients;
(b) A separate external entrance, clearly identifiable to the public when part of an existing structure;
(c) Construction, maintenance, and operation of a hospice care center;
(d) Means to inform the public which hospice care center service categories are provided; and
(e) A registered nurse present twenty-four hours a day, seven days a week for hospice care centers delivering general inpatient services.
(3) Hospice agencies which as of January 1, 2000, operate the functional equivalent of a hospice care center through licensure as a hospital, under chapter 70.41 RCW, shall be exempt from the certificate of need requirement for hospice care centers if they apply for and receive a license as an in-home services agency to operate a hospice home care center by July 1, 2002.
Sec. 22. RCW 70.38.025 and 1997 c 210 s 2 are each amended to read as follows:
When used in this chapter, the terms defined in this section shall have the meanings indicated.
(1) "Board of health" means the state board of health created pursuant to chapter 43.20 RCW.
(2) "Capital expenditure" is an expenditure, including a force account expenditure (i.e., an expenditure for a construction project undertaken by a nursing home facility as its own contractor) which, under generally accepted accounting principles, is not properly chargeable as an expense of operation or maintenance. Where a person makes an acquisition under lease or comparable arrangement, or through donation, which would have required review if the acquisition had been made by purchase, such expenditure shall be deemed a capital expenditure. Capital expenditures include donations of equipment or facilities to a nursing home facility which if acquired directly by such facility would be subject to certificate of need review under the provisions of this chapter and transfer of equipment or facilities for less than fair market value if a transfer of the equipment or facilities at fair market value would be subject to such review. The cost of any studies, surveys, designs, plans, working drawings, specifications, and other activities essential to the acquisition, improvement, expansion, or replacement of any plant or equipment with respect to which such expenditure is made shall be included in determining the amount of the expenditure.
(3) "Continuing care retirement community" means an entity which provides shelter and services under continuing care contracts with its members and which sponsors or includes a health care facility or a health service. A "continuing care contract" means a contract to provide a person, for the duration of that person's life or for a term in excess of one year, shelter along with nursing, medical, health-related, or personal care services, which is conditioned upon the transfer of property, the payment of an entrance fee to the provider of such services, or the payment of periodic charges for the care and services involved. A continuing care contract is not excluded from this definition because the contract is mutually terminable or because shelter and services are not provided at the same location.
(4) "Department" means the department of health.
(5) "Expenditure minimum" means, for the purposes of the certificate of need program, one million dollars adjusted by the department by rule to reflect changes in the United States department of commerce composite construction cost index; or a lesser amount required by federal law and established by the department by rule.
(6) "Health care facility" means hospices, hospice care centers, hospitals, psychiatric hospitals, nursing homes, kidney disease treatment centers, ambulatory surgical facilities, and home health agencies, and includes such facilities when owned and operated by a political subdivision or instrumentality of the state and such other facilities as required by federal law and implementing regulations, but does not include any health facility or institution conducted by and for those who rely exclusively upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well-recognized church or religious denomination, or any health facility or institution operated for the exclusive care of members of a convent as defined in RCW 84.36.800 or rectory, monastery, or other institution operated for the care of members of the clergy. In addition, the term does not include any nonprofit hospital: (a) Which is operated exclusively to provide health care services for children; (b) which does not charge fees for such services; and (c) if not contrary to federal law as necessary to the receipt of federal funds by the state.
(7) "Health maintenance organization" means a public or private organization, organized under the laws of the state, which:
(a) Is a qualified health maintenance organization under Title XIII, section 1310(d) of the Public Health Services Act; or
(b)(i) Provides or otherwise makes available to enrolled participants health care services, including at least the following basic health care services: Usual physician services, hospitalization, laboratory, x-ray, emergency, and preventive services, and out-of-area coverage; (ii) is compensated (except for copayments) for the provision of the basic health care services listed in (b)(i) to enrolled participants by a payment which is paid on a periodic basis without regard to the date the health care services are provided and which is fixed without regard to the frequency, extent, or kind of health service actually provided; and (iii) provides physicians' services primarily (A) directly through physicians who are either employees or partners of such organization, or (B) through arrangements with individual physicians or one or more groups of physicians (organized on a group practice or individual practice basis).
(8) "Health services" means clinically related (i.e., preventive, diagnostic, curative, rehabilitative, or palliative) services and includes alcoholism, drug abuse, and mental health services and as defined in federal law.
(9) "Health service area" means a geographic region appropriate for effective health planning which includes a broad range of health services.
(10) "Person" means an individual, a trust or estate, a partnership, a corporation (including associations, joint stock companies, and insurance companies), the state, or a political subdivision or instrumentality of the state, including a municipal corporation or a hospital district.
(11) "Provider" generally means a health care professional or an organization, institution, or other entity providing health care but the precise definition for this term shall be established by rule of the department, consistent with federal law.
(12) "Public health" means the level of well-being of the general population; those actions in a community necessary to preserve, protect, and promote the health of the people for which government is responsible; and the governmental system developed to guarantee the preservation of the health of the people.
(13) "Secretary" means the secretary of health or the secretary's designee.
(14) "Tertiary health service" means a specialized service that meets complicated medical needs of people and requires sufficient patient volume to optimize provider effectiveness, quality of service, and improved outcomes of care.
(15) "Hospital" means any health care institution which is required to qualify for a license under RCW 70.41.020(2); or as a psychiatric hospital under chapter 71.12 RCW.
NEW SECTION. Sec. 23. A new section is added to chapter 70.38 RCW to read as follows:
All certificate of need applications submitted by hospice agencies for the construction, development, or other establishment of a facility to be licensed as either a hospital under chapter 70.41 RCW or as a nursing home under chapter 18.51 RCW, for the purpose of operating the functional equivalent of a hospice care center shall not require a separate certificate of need for a hospice care center provided the certificate of need application was declared complete prior to July 1, 2001, the applicant has been issued a certificate of need, and has applied for and received an in-home services agency license by July 1, 2002.
NEW SECTION. Sec. 24. This act takes effect January 1, 2002.
NEW SECTION. Sec. 25. The following acts or parts of acts are each repealed:
(1) RCW 70.127.060 (Nursing homes--Application of chapter) and 1988 c 245 s 7;
(2) RCW 70.127.070 (Hospitals--Application of chapter) and 1988 c 245 s 8;
(3) RCW 70.127.110 (Licenses--Combination--Rules--Fees) and 1999 c 190 s 4 & 1988 c 245 s 12;
(4) RCW 70.127.220 (Agency registry) and 1988 c 245 s 23;
(5) RCW 70.127.230 (Hospice agencies--Exemption for certain activities) and 1988 c 245 s 24;
(6) RCW 70.127.240 (Home health or hospice agencies--Exemption for certain activities) and 1988 c 245 s 27;
(7) RCW 70.127.250 (Home health agencies--Patient care and treatment--Rules--Definitions) and 1994 sp.s. c 9 s 745, 1993 c 42 s 10, & 1988 c 245 s 25;
(8) RCW 70.127.260 (Hospice agencies--Rules) and 1988 c 245 s 26; and
(9) RCW 70.127.270 (Home care agencies--Rules) and 1988 c 245 s 28."
On page 1, line 1 of the title, after "services;" strike the remainder of the title and insert "amending RCW 70.127.010, 70.127.020, 70.127.030, 70.127.040, 70.127.050, 70.127.080, 70.127.085, 70.127.090, 70.127.100, 70.127.120, 70.127.125, 70.127.140, 70.127.150, 70.127.170, 70.127.180, 70.127.190, 70.127.200, 70.127.210, and 70.38.025; adding new sections to chapter 70.127 RCW; adding a new section to chapter 70.38 RCW; repealing RCW 70.127.060, 70.127.070, 70.127.110, 70.127.220, 70.127.230, 70.127.240, 70.127.250, 70.127.260, and 70.127.270; prescribing penalties; and providing an effective date."
and the same is herewith transmitted.
Tony M. Cook, Secretary
There being no objection, the House concurred in the Senate amendment(s) to House Bill No. 2510 and advanced the bill as amended by the Senate to final passage.
Representatives Edmonds and Pflug spoke in favor of final passage of the bill.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE
Speaker Chopp stated the question before the House to be final passage of House Bill No. 2510 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2510 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.
House Bill No. 2510, 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) (for amendments, see Journal, 58th Day, March 7, 2000),
and the same are herewith transmitted.
Tony M. Cook, Secretary
Representatives Tokuda and D. Sommers spoke in favor of final passage of the bill.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE
Speaker Chopp stated the question before the House to be final passage of Second Substitute House Bill No. 2637 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 2637 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.
Second Substitute House Bill No. 2637, as amended by the Senate, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
March 7, 2000
Mr. Speaker:
The Senate concurred in the House amendments SENATE BILL NO. 6775, on page 2, line 27, page 4, line 33, and page 6, line 13. The President ruled the House amendment to SENATE BILL NO. 6775, on page 8, line 13, outside the Scope and Object of the bill, and the Senate refused to concur in said amendment 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 page 8, line 13 of Senate Bill No. 6775, and advanced the bill to final passage.
Representatives Romero and Pennington spoke in favor of final passage of the bill.
Speaker Chopp stated the question before the House to be final passage of Senate Bill No. 6775.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6775 and the bill passed the House by the following vote: Yeas - 97, Nays - 1, 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, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 97.
Voting nay: Representative Wolfe - 1.
Senate Bill No. 6775, as amended by the Senate, having received the constitutional majority, was declared passed.
MOTION FOR RECONSIDERATION
Representative Morris, having voted on the prevailing side, moved that the rules be suspended, and that the House immediately reconsider the vote on Senate Bill No. 6775. The motion was carried.
RECONSIDERATION
Speaker Chopp stated the question before the House to be final passage of Senate Bill No. 6775 on reconsideration.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6775 on reconsideration 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.
Senate Bill No. 6775, on reconsideration having received the constitutional majority, was declared passed.
Representative Cooper notified the Chamber of the deaths of a Memphis firefighter, a Shelby County sheriff's deputy and a civilian who were killed at the site of a Memphis house fire. Two civilians were also wounded when a gunman opened fire. The Chamber was asked to remember the families of the dead and wounded.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Morris, the House adjourned until 10:00 a.m., Thursday, March 9, 2000, the 60th Legislative Day.
TIMOTHY A. MARTIN, Chief Clerk CLYDE BALLARD, Speaker
CYNTHIA ZEHNDER, Chief Clerk FRANK CHOPP, Speaker