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FIFTY-SECOND DAY
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MORNING SESSION
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Senate Chamber, Olympia, Wednesday, March 1, 2000
The Senate was called to order at 9:00 a.m. by President Pro Tempore Wojahn. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present except Senators Bauer, Benton, Costa, Gardner, Hargrove, Loveland, Sellar and Thibaudeau. On motion of Senator Franklin, Senators Loveland and Thibaudeau were excused. On motion of Senator Honeyford, Senator Sellar was excused.
The Sergeant at Arms Color Guard, consisting of Pages Jamie Arellano and Emily Kruschke, presented the Colors. Reverend Tim Robinson, pastor of the Life Stream Christian Fellowship in Puyallup, offered the prayer.
MOTION
On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.
INTRODUCTION AND FIRST READING
SCR 8429 by Senator Prentice
Developing a strategy to preserve federally assisted low-income housing units.
MOTION
On motion of Senator Betti Sheldon, Senate Concurrent Resolution No. 8429 was held at the desk.
MOTION
On motion of Senator Betti Sheldon, the following resolution was adopted:
SENATE RESOLUTION 2000-8727
By Senator Sheldon, B., Goings, Franklin, Eide, McAuliffe, Loveland, Spanel, Kohl-Welles, Sheldon, T., Brown, Gardner, Rasmussen, Fairley, Snyder, Patterson, Heavey, Costa, Hargrove
WHEREAS, It is the policy of the Washington State Legislature to recognize and honor individuals whose contributions to their communities enhance the well-being and lives of the citizens of the state of Washington; and
WHEREAS, Pauline Gregg Deschamps, born on August 12, 1920, in St. Mares, Idaho, was active in numerous civic and cultural organizations in her adopted home of Bainbridge Island; and
WHEREAS, Pauline Deschamps founded her own real estate business more than forty-four years ago; and
WHEREAS, Pauline Deschamps was the first woman to serve as president of the Bainbridge Island Chamber of Commerce and served on the Bainbridge Island Economic Development Council; and
WHEREAS, Pauline Deschamps instigated the first Grand Old Fourth Celebration on Bainbridge Island and served as president of the Bainbridge Island Garden Club and was past president of the Music and Arts Foundation; and
WHEREAS, Pauline Deschamps was a member of the Ferry Advisory Committee for more than twenty years, served on the State Ferry Productivity Council and the City of Bainbridge Transportation Committee;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize the many achievements and contributions of Pauline Deschamps to her community, and pay tribute to a remarkable woman who made the effort to make a difference.
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to her husband, Robert; her son, Paul; her two daughters, Jeanne Stanton and Suzanne Kelly; and her two grandchildren.
MOTION
On motion of Senator Goings, the following resolution was adopted:
SENATE RESOLUTION 2000-8738
By Senators Goings, Rasmussen and McAuliffe
WHEREAS, the Puyallup School District plans to open its newest high school in September; and
WHEREAS, the new and aptly named Emerald Ridge High School will be unique, and is deserving of special recognition; and
WHEREAS, Emerald Ridge is the first school in Washington actually designed with the state’s new standards of academic achievement in mind; and
WHEREAS, the school’s classrooms will all include project areas, where students can work and demonstrate their knowledge of subjects, thus furthering the goals of education reform, and preparing them for the achievement standards expected under the new Washington Assessment of Student Learning; and
WHEREAS, Emerald Ridge graduates will be considered successful when they become effective communicators, knowledgeable people, good problem solvers, healthy individuals, productive workers, and active citizens; and
WHEREAS, the new school’s goals for education, its commitment to demonstrated knowledge, and its concept of success and ideas for how to help students attain it are the embodiment of education reform and are shared by the members of the Washington State Senate; and
WHEREAS, staff members at Emerald Ridge have the special responsibility that comes from opening a new school, and will have many opportunities to design programs, establish school traditions, and help shape the future of the South Hill community; and
WHEREAS, the voters in the Puyallup School District deserve recognition for demonstrating civic leadership by choosing to undertake this important project for the sake of their children’s future; and
WHEREAS, Emerald Ridge High School will begin a new era in education in September under the able leadership of Principal Linda Quinn; and
WHEREAS, Emerald Ridge will be a crowning jewel for the community of South Hill and for public education in Washington;
NOW, THEREFORE, BE IT RESOLVED, that the members of the Washington State Senate do hereby recognize and honor the new and unique Emerald Ridge High School, and the overall goal and mission of education for the twenty-first century that represents, and we wish them all the best as they begin classes for the first time later this year; and
BE IT FURTHER RESOLVED, that a copy of this resolution be transmitted immediately by the Secretary of the Senate to Emerald Ridge High School, in care of Principal Linda Quinn.
Senators Goings, Rasmussen and McAuliffe spoke to Senate Resolution 2000-8738.
MOTION
On motion of Senator Gardner, the following resolution was adopted:
SENATE RESOLUTION 2000-8742
By Senator Gardner
WHEREAS, On January 18, 1904, Doris Shields was born in Blaine, Washington, becoming a leading role model for women in government, passed away February 20, 2000; and
WHEREAS, It is the policy of the Washington State Legislature to honor pioneers in leadership and commitment to community service; and
WHEREAS, Doris Shields served well in an era where women who were politically involved, and in elected positions, were extremely uncommon; and
WHEREAS, Doris Shields actively contributed to community, city, county, and state affairs, was active in state issues, a frequent visitor to these halls, and continued to be an active participant until her death at the age of 96 years; and
WHEREAS, Doris Shields is survived by her son, Art Lawrenson, plus six grandchildren, and five great grandchildren; and
WHEREAS, Doris Shields will be tremendously missed by her family, friends, and community;
NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate do hereby recognize and honor the talents and leadership of Doris Shields, and all that she has done for those around her; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Art Lawrenson, son of Doris Shields.
MOTION
At 9:20 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 10:24 a.m. by President Owen.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the sixth order of business.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Goings, Gubernatorial Appointment No. 9250, David K. Hamry, as a member of the Board of Trustees for Pierce Community College District No. 11, was confirmed.
APPOINTMENT OF DAVID K. HAMRY
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 5; Excused, 3.
Voting yea: Senators Brown, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 41.
Absent: Senators Bauer, Benton, Costa, Gardner and Hargrove - 5.
Excused: Senators Loveland, Sellar and Thibaudeau - 3.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed the 62nd Airlift Command Support Group and Colonel Darrell Jones from McChord Airforce Base, who were seated in the gallery.
PERSONAL PRIVILEGE
Senator Rasmussen: “A point of personal privilege. In recognition of the Airlift Command Support Group from McChord Airforce Base, I am very pleased that they are here today and that all of the Senate has been able to recognize them. My point of personal privilege is that my son is with the Four Forty Sixth and these men and women support what he does and he supports what they do in this wonderful country and they are such a success because of the men and women of the Airlift Command Support Group. I really want to take this time to be able to say ‘thank you.’”
MOTION
On motion of Senator Eide, Senator Hargrove was excused.
SECOND READING
HOUSE BILL NO. 2531, by Representatives Doumit, Huff, Morris, Schoesler, Linville, Cox, Grant, Haigh, Anderson, McMorris, Quall, Mulliken, Murray, Talcott, Ruderman, Mastin, Schindler, Lambert, Reardon, Hatfield, Kenney, Carlson, Alexander, D. Schmidt, Lovick, Mitchell, Keiser, Stensen and Rockefeller
Providing statutory support for career and technical student organizations.
The bill was read the second time.
MOTION
On motion of Senator McAuliffe, the rules were suspended, House Bill No. 2531 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2531.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2531 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.
Absent: Senator Snyder - 1.
Excused: Senators Hargrove, Loveland and Sellar - 3.
HOUSE BILL NO. 2531, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Rasmussen, the following resolution was adopted:
SENATE RESOLUTION 2000-8747
By Senators Rasmussen, Deccio, Loveland, McCaslin, Haugen, Morton, Fairley, Benton, Honeyford, Franklin, Winsley, Goings, Prentice, Heavey, Gardner, Shin, Bauer, Roach, Long, Sheldon, B., Swecker, Oke, Brown, Eide, Snyder, Jacobsen, Bauer, Johnson, Sheldon, T., Spanel and Hargrove
WHEREAS, It is the policy of the Washington State Legislature to recognize excellence in service and contribution to the great state of Washington; and
WHEREAS, Washington State veterans have demonstrated excellence in serving and contributing to the citizens of the great state of Washington by their principled and unsparing efforts on our behalf; and
WHEREAS, Washington State veterans selflessly pledged their lives to defend the Stars and Stripes, the flag of these United States of America, and all that the flag represents--a constitutional, representative, democratic republic, the rule of law, free enterprise, family, and faith--fundamental values and ideals that make this country the greatest nation in the world; and
WHEREAS, Washington State veterans proudly and boldly protected and promoted the blessings of Divine Providence, the unwavering strength of representative government, the radiant light of freedom, the resounding ring of justice, and the perennial promise of liberty for all; and
WHEREAS, Washington State veterans as valiant and courageous American men and women serving in our Armed Forces guaranteed the things we hold dear even forfeiting the very breath of life itself in battles both far and near, in recent times and long ago; and
WHEREAS, the Washington State American Legion generously provided the American Flags that are prominently installed and displayed alongside our State Flag in all Senate hearing rooms. Washington State Veterans generously provided the American Flags in other public places of the Legislature, and in the House of Representatives, as a testament to the ideals it embodies and to honor the sacrifices that have ensured our legislative process wherein elected representatives doing the "People's work" may continue;
NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington honor all the veterans of Washington State and express gratitude to the Washington State Ex-POW's, American Legion, Veterans of Foreign Wars, Northwest Chapter of The Chosen Few, Disabled American Veterans, Kitsap County Veterans Coalition, Retired Officers Association, Military Order of Purple Hearts, Paralyzed Veterans of America, and Military Order of World Wars, and their respective members, for their sacrifices, for the example of inspiration they have set for others, and for providing the Senate of the great state of Washington with American Flags; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to each of the distinctive organizations indicated in this resolution.
Senators Rasmussen, Benton, Betti Sheldon, and Swecker spoke to Senate Resolution 2000-8747.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced representatives of the Washington State veterans groups being honored today, who were seated in the gallery.
MOTION
On motion of Senator McCaslin, Senator Hale was excused.
MOTION
On motion of Senator Spanel, the following resolution was adopted:
SENATE RESOLUTION 2000-8744
By Senators Spanel and Haugen
WHEREAS, The beautiful Skagit Valley is the tulip capital of the Northwest; and
WHEREAS, Every April, the tulips are in bloom, celebrating the beginning of spring; and
WHEREAS, The Skagit Valley Tulip Festival begins the festival season in Washington State; and
WHEREAS, This year’s seventeenth annual event will run from March 31 through April 16, focusing on the communities of Sedro-Woolley, Burlington, Anacortes, La Conner, Mount Vernon, Concrete and Conway; and
WHEREAS, this year’s Tulip Festival Ambassadors will ably and personably perform their responsibilities as representatives of this festival; and
WHEREAS, more than half a million people visited the Skagit Valley Tulip Festival last year, participating in the joy and excitement of this annual event, and contributing to the economy of the Skagit Valley; and
WHEREAS, This year’s visitors will be greeted by more than one thousand five hundred acres of tulips reflecting all the colors of the rainbow, by the fullness of life in the valley and its wonderful people; and
WHEREAS, Highlights of the event include the Kiwanis Annual Salmon Barbeque, the Tulip Pedal Bike Ride, the Tulip 10k Slug Run/Walk, the Downtown Mount Vernon Street Fair, and much more;
NOW, THEREFORE, BE IT RESOLVED, That the Senate salute the seven communities of the Skagit Valley, their Chambers of Commerce, Skagit Valley Tulip Festival Ambassadors, and the Tulip Festival Committee for their Skagit Valley Tulip Festival; and
BE IT FURTHER RESOLVED, That the Senate commend the community leaders and corporate sponsors for the success of this important event and encourage citizens from across Washington State to take the time to enjoy this spectacular display; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Audrey Smith, Tulip Festival Executive Director, and the Skagit Valley Tulip Festival Ambassadors.
Senators Spanel and Haugen spoke to Senate Resolution 2000-8744.
MOTION
On motion of Senator Spanel, the following resolution was adopted:
SENATE RESOLUTION 2000-8693
By Senators Spanel and Gardner
WHEREAS, A tragic gasoline-pipeline leak and explosion last summer claimed the lives of two boys and a young man who were playing and fishing in Whatcom Falls Park in Bellingham; and
WHEREAS, Four other young people -- Jereme Bounds, Tyrome Francisco, Andrew Tsiorvas, and Akilah Williams -- put aside their own fear, safety, and comfort to do everything they possibly could to help the two boys who were victims of the nightmarish pipeline explosion; and
WHEREAS, In rightful commemoration of their fearless, quick-minded actions, Jereme, Tyrome, Andrew, and Akilah are all very deserving recipients of the prestigious 1999 Youth Good Samaritan Special Group Award; and
WHEREAS, This Good Samaritan recognition, which is sponsored by Puget Sound Energy and Western Washington University, salutes the spirit, bravery, and determination of these four friends, including Andrew, whose younger brother was one of the lives lost in the tragedy; and
WHEREAS, For their tremendous courage, these four wonderful friends were also very appropriately praised at the 1999 Real Heroes Breakfast sponsored by the American Red Cross; and
WHEREAS, Immediately following the pipeline explosion, the four friends knew what had to be done -- Jereme, Tyrome, and Andrew searching the creek area near which the two boys had been playing, and Akilah keeping the situation calm in her parents' home where the friends, like that day, so often gather; and
WHEREAS, Their heart and their heroism in the face of indescribable horror stand as authentic testament to the power of one's unflagging fidelity to one's family, one's friends, and one's community;
NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington honor and commend the moving courage and the inspiring presence of mind of four of Washington's very finest -- Jereme Bounds, Tyrome Francisco, Andrew Tsiorvas, and Akilah Williams; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the families of these four very special young people.
Senators Spanel and Gardner spoke to Senate Resolution 2000-8693.
MOTION
On motion of Senator Betti Sheldon, the Senate returned to the sixth order of business.
MOTION
On motion of Senator Honeyford, Senator McDonald was excused.
MOTION
On motion of Senator Deccio, Senator West was excused.
SECOND READING
HOUSE BILL NO. 2861, by Representatives O'Brien, Cody, Miloscia, Parlette, Ballasiotes, Morris, Alexander, Anderson, Santos, Edmonds, Murray, Kastama, Schual-Berke, Scott, Thomas, Barlean, Quall, Dickerson, Mitchell, Delvin, Kenney, Edwards, Rockefeller and McIntire
Modifying the definition of health care information.
The bill was read the second time.
MOTION
Senator Hargrove moved that the following Committee on Human Services and Corrections striking amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 70.02.010 and 1993 c 448 s 1 are each amended to read as follows:
((As used in this chapter, unless the context otherwise requires:)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Audit" means an assessment, evaluation, determination, or investigation of a health care provider by a person not employed by or affiliated with the provider to determine compliance with:
(a) Statutory, regulatory, fiscal, medical, or scientific standards;
(b) A private or public program of payments to a health care provider; or
(c) Requirements for licensing, accreditation, or certification.
(2) "Directory information" means information disclosing the presence, and for the purpose of identification, the name, residence, sex, and the general health condition of a particular patient who is a patient in a health care facility or who is currently receiving emergency health care in a health care facility.
(3) "General health condition" means the patient's health status described in terms of "critical," "poor," "fair," "good," "excellent," or terms denoting similar conditions.
(4) "Health care" means any care, service, or procedure provided by a health care provider:
(a) To diagnose, treat, or maintain a patient's physical or mental condition; or
(b) That affects the structure or any function of the human body.
(5) "Health care facility" means a hospital, clinic, nursing home, laboratory, office, or similar place where a health care provider provides health care to patients.
(6) "Health care information" means any information, whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of a patient and directly relates to the patient's health care. The term includes any record of disclosures of health care information. The term includes genetic test information in a person's DNA and a person's DNA.
(7) "Health care provider" means a person who is licensed, certified, registered, or otherwise authorized by the law of this state to provide health care in the ordinary course of business or practice of a profession.
(8) "Institutional review board" means any board, committee, or other group formally designated by an institution, or authorized under federal or state law, to review, approve the initiation of, or conduct periodic review of research programs to assure the protection of the rights and welfare of human research subjects.
(9) "Maintain," as related to health care information, means to hold, possess, preserve, retain, store, or control that information.
(10) "Patient" means an individual who receives or has received health care. The term includes a deceased individual who has received health care.
(11) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(12) "Reasonable fee" means the charges for duplicating or searching the record, but shall not exceed sixty-five cents per page for the first thirty pages and fifty cents per page for all other pages. In addition, a clerical fee for searching and handling may be charged not to exceed fifteen dollars. These amounts shall be adjusted biennially in accordance with changes in the consumer price index, all consumers, for Seattle-Tacoma metropolitan statistical area as determined by the secretary of health. However, where editing of records by a health care provider is required by statute and is done by the provider personally, the fee may be the usual and customary charge for a basic office visit.
(13) "Third-party payor" means an insurer regulated under Title 48 RCW authorized to transact business in this state or other jurisdiction, including a health care service contractor, and health maintenance organization; or an employee welfare benefit plan; or a state or federal health benefit program.
NEW SECTION. Sec. 2. A new section is added to chapter 70.02 RCW to read as follows:
Genetic information in the form of deoxyribonucleic acid is health care information subject to the following provisions:
(1) Any entity, including any person, isolating a person's deoxyribonucleic acid in a form that identifies an individual person for purposes of genetic testing must have the person's informed consent.
(2) Informed consent requires:
(a) An explanation of the purpose for which the deoxyribonucleic acid is being obtained, and whether it will be converted into a computerized individual sequence of chemical base pairs or other form for interpretation;
(b) Identification of the entity obtaining the deoxyribonucleic acid and individual sequence;
(c) Disclosure of any entity with whom the deoxyribonucleic acid and individual sequence may be shared, including disclosure that the deoxyribonucleic acid or individual sequence may be shared in the future with an unknown entity;
(d) A statement of the expected duration that the deoxyribonucleic acid and individual sequence may be kept;
(e) A description of reasonably foreseeable risks or harm associated with providing the deoxyribonucleic acid and individual sequence;
(f) An explanation of how the deoxyribonucleic acid will be maintained, whether the physical sample will be destroyed or stored, including how and where it will be stored, and how the individual sequence information will be destroyed or stored, including how and where it will be stored;
(g) A statement describing any reasonably expected benefits or advantages associated with providing the deoxyribonucleic acid and individual sequence;
(h) A statement describing any confidentiality or privacy protections for the deoxyribonucleic acid and individual sequence;
(i) Identification of an individual contact and contact information from whom further information may be obtained or reported relative to the deoxyribonucleic acid and individual sequence;
(j) Provisions explaining whether the deoxyribonucleic acid and the individual sequence can be expunged or removed from the entity that obtained it and the method to do it;
(k) The exclusion of any exculpatory provisions from liability against the entity obtaining the deoxyribonucleic acid and individual sequence;
(l) A disclosure that providing deoxyribonucleic acid and an individual sequence is voluntary; and
(m) Compliance with the federal informed consent requirements, when applicable, which are more protective of individual privacy.
(3) A person's informed consent is not required:
(a) In criminal matters if the deoxyribonucleic acid is obtained or used during a criminal investigation, trial, appeal, or pursuant to specific common law or statutory authority, or a lawfully issued court order. Once a criminal conviction is final, a report that was not admitted into evidence, identifying a specific person by analysis of DNA obtained in the course of an investigation, shall be destroyed if the person is found to be uninvolved in the commission of the criminal act or acts;
(b) In situations where the person requires emergency medical care as long as the person, or his or her representative in death cases, is informed in a timely manner after the emergency that the deoxyribonucleic acid was obtained;
(c) In situations where a person's bodily fluids are obtained without consent pursuant to specific statutory requirement mandating testing;
(d) In situations where the individual is deceased and the entity requesting the deoxyribonucleic acid establishes in a court of law that obtaining individually identifiable deoxyribonucleic acid for genetic testing purposes benefits public health, safety, and welfare, and outweighs the harm to individual privacy interests, or the person requesting the deoxyribonucleic acid is a next of kin requesting the deoxyribonucleic acid for purposes of health care or other purpose that outweighs the harm to the individual's privacy interests, or the entity requesting the deoxyribonucleic acid has been authorized by an institutional review board to use the deoxyribonucleic acid pursuant to an approved protocol;
(e) Pursuant to the provisions of this section, if the entity or person is a health care provider or facility under chapter 70.02 RCW who is acting according to the provisions of that chapter, and who is subject to the provisions of chapter 7.70 RCW;
(f) Pursuant to provisions of this section, if the entity or person obtains an individual's deoxyribonucleic acid, or computerized information that provides the sequence of that individual's deoxyribonucleic acid, in a form that does not identify that individual;
(g) Pursuant to provisions of this section, if the entity or person who obtains deoxyribonucleic acid, or computerized information that provides the sequence of that deoxyribonucleic acid, is acting according to the provisions of an institutional review board established under federal law; and
(h) In death investigations for purposes of identifying the decedent.
NEW SECTION. Sec. 3. A new section is added to chapter 48.01 RCW to read as follows:
A person's individual health care information in the form of deoxyribonucleic acid shall not be screened in any insurance transaction. For purposes of this section, "screened" means obtaining a person's deoxyribonucleic acid and identifying the sequence of chemical base pairs. This section must not be interpreted to deny payment of claims.
Sec. 4. RCW 49.60.030 and 1997 c 271 s 2 are each amended to read as follows:
(1) The right to be free from discrimination because of race, creed, color, national origin, sex, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person is recognized as and declared to be a civil right. This right shall include, but not be limited to:
(a) The right to obtain and hold employment without discrimination, including the right to prohibit an employer from screening a person's individual health care information in the form of deoxyribonucleic acid. For purposes of this subsection, "screening" means obtaining a person's deoxyribonucleic acid and identifying a sequence of chemical base pairs;
(b) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement;
(c) The right to engage in real estate transactions without discrimination, including discrimination against families with children;
(d) The right to engage in credit transactions without discrimination;
(e) The right to engage in insurance transactions or transactions with health maintenance organizations without discrimination: PROVIDED, That a practice which is not unlawful under RCW 48.30.300, 48.44.220, or 48.46.370 does not constitute an unfair practice for the purposes of this subparagraph; and
(f) The right to engage in commerce free from any discriminatory boycotts or blacklists. Discriminatory boycotts or blacklists for purposes of this section shall be defined as the formation or execution of any express or implied agreement, understanding, policy or contractual arrangement for economic benefit between any persons which is not specifically authorized by the laws of the United States and which is required or imposed, either directly or indirectly, overtly or covertly, by a foreign government or foreign person in order to restrict, condition, prohibit, or interfere with or in order to exclude any person or persons from any business relationship on the basis of race, color, creed, religion, sex, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a disabled person, or national origin or lawful business relationship: PROVIDED HOWEVER, That nothing herein contained shall prohibit the use of boycotts as authorized by law pertaining to labor disputes and unfair labor practices.
(2) Any person deeming himself or herself injured by any act in violation of this chapter shall have a civil action in a court of competent jurisdiction to enjoin further violations, or to recover the actual damages sustained by the person, or both, together with the cost of suit including reasonable attorneys' fees or any other appropriate remedy authorized by this chapter or the United States Civil Rights Act of 1964 as amended, or the Federal Fair Housing Amendments Act of 1988 (42 U.S.C. Sec. 3601 et seq.).
(3) Except for any unfair practice committed by an employer against an employee or a prospective employee, or any unfair practice in a real estate transaction which is the basis for relief specified in the amendments to RCW 49.60.225 contained in chapter 69, Laws of 1993, any unfair practice prohibited by this chapter which is committed in the course of trade or commerce as defined in the Consumer Protection Act, chapter 19.86 RCW, is, for the purpose of applying that chapter, a matter affecting the public interest, is not reasonable in relation to the development and preservation of business, and is an unfair or deceptive act in trade or commerce.
Sec. 5. RCW 70.83.050 and 1967 c 82 s 5 are each amended to read as follows:
The state board of health shall adopt rules and regulations necessary to carry out the intent of this chapter. Rules adopted by the state board of health must protect an individual's confidentiality of his or her genetic health care information obtained under this chapter.
NEW SECTION. Sec. 6. The legislature finds that:
(1) Deoxyribonucleic acid (DNA) is a unique form of health care information;
(2) The technology of DNA identification is of great potential benefit to the citizens of this state in many fields, including human services and health care, scientific research, criminal justice, and corrections;
(3) Technology is changing and improving at an ever-increasing rate;
(4) DNA technology is particularly important in assisting law enforcement in identifying and apprehending repeat criminal offenders as well as exonerating those people convicted and incarcerated for a crime they did not commit;
(5) There are legitimate concerns for privacy rights in the creation, collection, maintenance, disclosure, identification, and use of DNA;
(6) Protections of citizens' civil rights and individual privileges necessitate policy development of protections preventing the unauthorized use of DNA and the use of DNA for discriminatory purposes; and
(7) There is a need to address the potential future uses of DNA that may benefit citizens of this state, for purposes of the health, safety, and welfare of its citizens.
NEW SECTION. Sec. 7. A DNA commission is established to consist of twenty-four members selected as follows:
(1)(a) Two members of the senate, appointed by the president of the senate, one from each of the two largest caucuses; and
(b) Two members of the house of representatives, appointed by the co-speakers of the house of representatives, one from each of the two largest caucuses;
(2) The following members shall be appointed by the governor:
(a) Two members representing local public health;
(b) One member representing genetic counselors;
(c) One member representing clinical research;
(d) One member representing epidemiological research;
(e) One member representing the Human Genome project;
(f) One member representing genetic ethics;
(g) One member representing institutional review boards;
(h) Two members representing geneticists, one clinical and one research;
(i) One member representing research institutions;
(j) One member representing civil rights advocates;
(k) Two members representing criminal justice and corrections;
(l) Two members representing privacy advocates;
(m) One member representing citizens who have undergone genetic testing;
(n) One member representing hospitals;
(o) One member representing pathologists or laboratory medicine; and
(p) One member representing biotechnologists.
The commission shall be appointed within forty-five days from the effective date of this act. Staffing shall be provided by the legislature. Members shall serve without remuneration, except costs may be provided according to the provisions of RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 8. The DNA commission shall:
(1) Develop a state-wide strategy for evaluating and recommending public policies relating to the use of DNA;
(2) Conduct a survey and produce a resource guide for citizens relating to the use of DNA;
(3) Evaluate methods for protecting an individual's privacy interests in his or her DNA;
(4) Analyze the incidence of discriminatory actions state-wide based upon genetic information;
(5) Develop recommendations relative to civil rights' protections as they relate to genetic information;
(6) Analyze available remedies to compensate individuals for the inappropriate use of their genetic information;
(7) Identify appropriate disincentives to improper use of DNA;
(8) Identify incentives for further research and development in the area of DNA that promotes public health, safety, and welfare; and
(9) An initial report of its findings and recommendations shall be provided to the appropriate committees of the legislature by July 1, 2001.
NEW SECTION. Sec. 9. A new section is added to chapter 43.131 RCW to read as follows:
The DNA commission and its powers and duties shall be terminated on June 30, 2005, as provided in section 10 of this act.
NEW SECTION. Sec. 10. A new section is added to chapter 43.131 RCW to read as follows:
The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2006.
(1) Section 6 of this act;
(2) Section 7 of this act; and
(3) Section 8 of this act."
MOTION
On motion of Senator Costa, the following amendment by Senators Costa, Thibaudeau, Hargrove and Long to the Committee on Human Service and Corrections striking amendment was adopted:
On page 9, after line 29 of the amendment, insert the following:
"Sec. 11. RCW 70.24.084 and 1999 c 391 s 4 are each amended to read as follows:
(1) Any person aggrieved by a violation of this chapter shall have a right of action in superior court and may recover for each violation:
(a) Against any person who negligently violates a provision of this chapter, one thousand dollars, or actual damages, whichever is greater, for each violation.
(b) Against any person who intentionally or recklessly violates a provision of this chapter, ten thousand dollars, or actual damages, whichever is greater, for each violation.
(c) Reasonable attorneys' fees and costs.
(d) Such other relief, including an injunction, as the court may deem appropriate.
(2) Any action under this chapter is barred unless the action is commenced within three years after the cause of action accrues.
(3) Nothing in this chapter limits the rights of the subject of a test for a sexually transmitted disease to recover damages or other relief under any other applicable law.
(4) Nothing in this chapter may be construed to impose civil liability or criminal sanction for disclosure of a test result for a sexually transmitted disease in accordance with any reporting requirement for a diagnosed case of sexually transmitted disease by the department or the centers for disease control of the United States public health service.
(5) It is a negligent violation of this chapter to cause an unauthorized communication of confidential sexually transmitted disease information by facsimile transmission or otherwise communicating the information to an unauthorized recipient when the sender knew or had reason to know the facsimile transmission telephone number or other transmittal information was incorrect or outdated.
Sec. 12. RCW 70.02.150 and 1991 c 335 s 701 are each amended to read as follows:
A health care provider shall effect reasonable safeguards for the security of all health care information it maintains.
Reasonable safeguards shall include affirmative action to delete outdated and incorrect facsimile transmission or other telephone transmittal numbers from computer, facsimile, or other data bases."
The President declared the question before the Senate to be the adoption of the Committee on Human Services and Corrections striking amendment, as amended, to House Bill No. 2861.
The motion by Senator Hargrove carried and the committee striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Hargrove the following title amendments were considered simultaneously and adopted:
On page 1, line 1 of the title, after "information;" strike the remainder of the title and insert "amending RCW 70.02.010, 49.60.030, and 70.83.050; adding a new section to chapter 70.02 RCW; adding a new section to chapter 48.01 RCW; adding new sections to chapter 43.131 RCW; and creating new sections."
On page 9, at the beginning of line 35 of the title amendment, strike "and 70.83.050" and insert "70.83.050, 70.24.084, and 70.02.150"
On motion of Senator Hargrove, the rules were suspended, House Bill No. 2861, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2861, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2861, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 44.
Excused: Senators Hale, Loveland, McDonald, Sellar and West - 5.
HOUSE BILL NO. 2861, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Winsley, the following resolution was adopted:
SENATE RESOLUTION 2000-8736
By Senators Winsley, Deccio and Honeyford
WHEREAS, It is the policy of the Washington State Legislature to recognize and honor the contributions of individuals who reflect standards of excellence that advance the well-being and quality of lives of the citizens of the state of Washington; and
WHEREAS, The National Endowment for the Arts and the Mid-Atlantic Arts Foundation have developed a program known as "Artists and Communities: America Creates for the Millennium"; and
WHEREAS, The Allied Arts Council of Yakima Valley and the entire Yakima Valley join a select group in receiving the millennium project designation, which is awarded to only one community in each state, with the Yakima Valley project representing the entire state of Washington; and
WHEREAS, The Yakima Valley is where prominent and recognized Artist-in-Residence, Wen-ti Tsen, of Cambridge, Massachusetts, will live and work for much of the Year 2000, bringing his extraordinary talents and having a significant impact on the people of the Yakima Valley and the whole state of Washington; and
WHEREAS, Artist-in-Residence Wen-ti Tsen is a Chinese-American educator, sculptor, muralist, and mixed media artist, who has orchestrated community art projects from Boston, USA to Moscow, Russia; and
WHEREAS, Artist-in-Residence Wen-ti Tsen began using art to study society; then, more and more, began doing community and public art projects and using oral history, painting, and installations to integrate personal and community expression, centering on cultural diversity; and
WHEREAS, Artist-in-Residence Wen-ti Tsen will use local stories to create works of public art that will celebrate our peoples’ experience of creating and sustaining a community; and
WHEREAS, Artist-in-Residence Wen-ti Tsen will coordinate a Valley-wide effort to develop an art-based project using the theme of water, "The life source of the Yakima Valley and so much our state"; and
WHEREAS, Artist-in-Residence Wen-ti Tsen will bring people of all ages, cultures, and backgrounds to direct involvement in designing, developing, and implementing multiple artistic endeavors around the theme of water; and
WHEREAS, Artist-in-Residence Wen-ti Tsen believes art is an important part of everyday life, a way individuals express their experiences and aspirations, an educational tool that can help change young peoples' attitudes and provide them with a different perspective, and a bridge to support and instruct others on issues that affect their lives;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate express its sincere gratitude and appreciation to the Allied Arts Council of Yakima Valley for its successful efforts in bringing the nation-wide Millennium "Artist-in-Residence" program and internationally recognized artist, Wen-ti Tsen, as its "Artist-in-Residence" to the Yakima Valley and the state of Washington.
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Artist-in-Residence Wen-ti Tsen, the Allied Arts Council of Yakima Valley, the city of Yakima, and the Yakima County Commissioners.
Senators Winsley and Deccio spoke to Senate Resolution 2000-8736.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced Mr. Wen-ti Tsen, who was seated on the rostrum.
With permission of the Senate, business was suspended to permit Mr. Tsen to address the Senate.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced members of the Allied Arts Council from the Yakima area, who were seated in the gallery.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the sixth order of business.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2367, by House Committee on Children and Family Services (originally sponsored by Representatives Kenney, Carlson, Tokuda, Edmonds, Lovick, Stensen, Lantz, Veloria, Doumit, Dickerson, Kagi, Murray, Wolfe, Ogden, Schual-Berke, Kessler, Regala and Santos)
Including higher education programs in the work activity definition.
The bill was read the second time.
MOTION
Senator Swecker moved that the following amendments be considered simultaneously and be adopted:
On page 1, line 13, after "paid", strike "or unpaid".
On page 2, line 14, after "paid", strike "or unpaid".
On page 2, line 18, after "is", insert "paid for"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Swecker on page 1, line 13, and page 2, lines 14 and 18, to Substitute House Bill No. 2367.
The motion by Senator Swecker failed and the amendments were not adopted.
MOTION
On motion of Senator Kohl-Welles, the rules were suspended, Substitute House Bill No. 2367 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued..
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2367.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2367 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 13; Absent, 1; Excused, 3.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Oke, Patterson, Prentice, Rasmussen, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 32.
Voting nay: Senators Benton, Finkbeiner, Hochstatter, Honeyford, Johnson, McCaslin, Morton, Roach, Rossi, Stevens, Swecker, West and Zarelli - 13.
Absent: Senator Deccio - 1.
Excused: Senators Hale, McDonald and Sellar - 3.
SUBSTITUTE HOUSE BILL NO. 2367, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2904, by Representatives Carlson and Kenney
Expanding geographic eligibility for the border county higher education opportunity pilot project.
The bill was read the second time.
MOTION
On motion of Senator Kohl-Welles, the rules were suspended, House Bill No. 2904 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2904.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2904 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.
Absent: Senator Deccio - 1.
Excused: Senators Hale, McDonald and Sellar - 3.
HOUSE BILL NO. 2904, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
WITHDRAWAL OF MOTION TO RECONSIDER SUBSTITUTE HOUSE BILL NO. 2528
On motion of Senator Roach, and there being no objection, the notice to reconsider the vote by which Substitute House Bill No. 2528 passed the Senate on March 1, 2000, was withdrawn.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2912, by House Committee on Children and Family Services (originally sponsored by Representatives Boldt and Clements)
Requiring the department of social and health services to maintain records on children in state custody who are using psychiatric medications.
The bill was read the second time.
MOTION
On motion of Senator Hargrove, the following Committee on Human Services and Corrections striking amendment was adopted:
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 appropriate legislative committees the following information regarding children in out-of-home care during calendar year 1999:
(a) The number of children receiving medication;
(b) The number of children who were not receiving medication before entering out-of-home care, who were prescribed medication during an out-of-home care episode;
(c) The medical diagnosis for all children on prescribed medications;
(d) The number, types, and frequency of medications prescribed to children;
(e) The number of children receiving multiple medications;
(f) The number of children prescribed Ritalin; and
(g) The total number of children in out-of-home care during calendar 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."
MOTIONS
On motion of Senator Hargrove, the following title amendment was adopted:
On page 1, line 2 of the title, after "custody;" strike the remainder of the title and insert "and creating a new section."
On motion of Senator Hargrove, the rules were suspended, Substitute House Bill No. 2912, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2912, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2912, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.
Excused: Senators Hale, McDonald and Sellar - 3.
SUBSTITUTE HOUSE BILL NO. 2912, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED HOUSE BILL NO. 1711, by Representatives Campbell, Cody, Boldt and Parlette
Concerning the public disclosure of department of health information received through the hospital licensing process.
The bill was read the second time.
MOTION
On motion of Senator Thibaudeau, the rules were suspended, Engrossed House Bill No. 1711 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Jacobsen, Senator Patterson was excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1711.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1711 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.
Excused: Senators Hale, Patterson and Sellar - 3.
ENGROSSED HOUSE BILL NO. 1711, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2510, by Representatives Edmonds, D. Schmidt, Hurst and Kenney (by request of Department of Health)
Modifying home health, home care, hospice, and in-home services.
The bill was read the second time.
MOTION
On motion of Senator Thibaudeau, the following Committee on Health and Long-Term Care striking amendment was adopted:
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.
Sec. 24. RCW 74.39A.050 and 1999 c 336 s 5 are each amended to read as follows:
The department's system of quality improvement for long-term care services shall use the following principles, consistent with applicable federal laws and regulations:
(1) The system shall be client-centered and promote privacy, independence, dignity, choice, and a home or home-like environment for consumers consistent with chapter 392, Laws of 1997.
(2) The goal of the system is continuous quality improvement with the focus on consumer satisfaction and outcomes for consumers. This includes that when conducting licensing inspections, the department shall interview an appropriate percentage of residents, family members, resident managers, and advocates in addition to interviewing providers and staff.
(3) Providers should be supported in their efforts to improve quality and address identified problems initially through training, consultation, technical assistance, and case management.
(4) The emphasis should be on problem prevention both in monitoring and in screening potential providers of service.
(5) Monitoring should be outcome based and responsive to consumer complaints and a clear set of health, quality of care, and safety standards that are easily understandable and have been made available to providers.
(6) Prompt and specific enforcement remedies shall also be implemented without delay, pursuant to RCW 74.39A.080, RCW 70.128.160, chapter 18.51 RCW, or chapter 74.42 RCW, for providers found to have delivered care or failed to deliver care resulting in problems that are serious, recurring, or uncorrected, or that create a hazard that is causing or likely to cause death or serious harm to one or more residents. These enforcement remedies may also include, when appropriate, reasonable conditions on a contract or license. In the selection of remedies, the safety, health, and well-being of residents shall be of paramount importance.
(7) To the extent funding is available, all long-term care staff directly responsible for the care, supervision, or treatment of vulnerable persons should be screened through background checks in a uniform and timely manner to ensure that they do not have a criminal history that would disqualify them from working with vulnerable persons. Whenever a state conviction record check is required by state law, persons may be employed or engaged as volunteers or independent contractors on a conditional basis according to law and rules adopted by the department.
(8) No provider or staff, or prospective provider or staff, with a stipulated finding of fact, conclusion of law, an agreed order, or finding of fact, conclusion of law, or final order issued by a disciplining authority, a court of law, or entered into a state registry finding him or her guilty of abuse, neglect, exploitation, or abandonment of a minor or a vulnerable adult as defined in chapter 74.34 RCW shall be employed in the care of and have unsupervised access to vulnerable adults.
(9) The department shall establish, by rule, a state registry which contains identifying information about personal care aides identified under this chapter who have substantiated findings of abuse, neglect, financial exploitation, or abandonment of a vulnerable adult as defined in RCW 74.34.020. The rule must include disclosure, disposition of findings, notification, findings of fact, appeal rights, and fair hearing requirements. The department shall disclose, upon request, substantiated findings of abuse, neglect, financial exploitation, or abandonment to any person so requesting this information.
(10) The department shall by rule develop training requirements for individual providers and home care agency providers. Effective March 1, 2002, individual providers and home care agency providers must satisfactorily complete department-approved orientation, basic training, and continuing education within the time period specified by the department in rule. The department shall adopt rules by March 1, 2002, for the implementation of this section in collaboration with providers, consumers, caregivers, advocates, family members, educators, and other interested parties, in the rule-making process, or the community long-term care training and education steering committee, if enacted. The department shall deny payment to an individual provider or a home care provider who does not complete the training requirements within the time limit specified by the department by rule.
(11) In an effort to improve access to training and education, the coordinated system of long-term care training and education must include flexible and innovative learning strategies that accomplish the training goals, such as competency and outcome-based models and distance learning.
(12) The department shall create an approval system by March 1, 2002, for those seeking to conduct department-approved training.
(13) The department shall establish, by rule, training, background checks, and other quality assurance requirements for personal aides who provide in-home services funded by medicaid personal care as described in RCW 74.09.520, community options program entry system waiver services as described in RCW 74.39A.030, or chore services as described in RCW 74.39A.110 that are equivalent to requirements for individual providers.
(((12))) (14) Under existing funds the department shall establish internally a quality improvement standards committee to monitor the development of standards and to suggest modifications.
(((13))) (15) Within existing funds, the department shall design, develop, and implement a long-term care training program that is flexible, relevant, and qualifies towards the requirements for a nursing assistant certificate as established under chapter 18.88A RCW. This subsection does not require completion of the nursing assistant certificate training program by providers or their staff. The long-term care teaching curriculum must consist of a fundamental module, or modules, and a range of other available relevant training modules that provide the caregiver with appropriate options that assist in meeting the resident's care needs. Some of the training modules may include, but are not limited to, specific training on the special care needs of persons with developmental disabilities, dementia, mental illness, and the care needs of the elderly. No less than one training module must be dedicated to workplace violence prevention. The nursing care quality assurance commission shall work together with the department to develop the curriculum modules. The nursing care quality assurance commission shall direct the nursing assistant training programs to accept some or all of the skills and competencies from the curriculum modules towards meeting the requirements for a nursing assistant certificate as defined in chapter 18.88A RCW. A process may be developed to test persons completing modules from a caregiver's class to verify that they have the transferable skills and competencies for entry into a nursing assistant training program. The department may review whether facilities can develop their own related long-term care training programs. The department may develop a review process for determining what previous experience and training may be used to waive some or all of the mandatory training. The department of social and health services and the nursing care quality assurance commission shall work together to develop an implementation plan by December 12, 1998.
NEW SECTION. Sec. 25. A new section is added to chapter 74.39A RCW to read as follows:
All training curricula and material, except competency testing material, developed by the department and used in part or in whole to improve provider and caregiver knowledge and skill are in the public domain and are subject to public disclosure under chapter 42.17 RCW. Any training curricula and material developed by a private entity and used under contract or by agreement with the department are also considered part of the public domain and shall be shared subject to any copyright restrictions. It is department's responsibility when making training materials available to the public, to identify which material has copyright or other legal restrictions on its use, and which does not. Any proprietary curricula and material developed by a private entity for training purposes in facilities licensed under chapter 18.20 or 70.128 RCW or individual providers and home care agency providers under this chapter and approved for training by the department are not part of the public domain.
NEW SECTION. Sec. 26. This act takes effect January 1, 2002.
NEW SECTION. Sec. 27. 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."
MOTIONS
On motion of Senator Thibaudeau, the following title amendment was adopted:
On page 1, line 1 of the title, after "services;" strike the remainder of the title and insert "amending RCW 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, 70.38.025, and 74.39A.050; adding new sections to chapter 70.127 RCW; adding a new section to chapter 70.38 RCW; adding a new section to chapter 74.39A 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."
On motion of Senator Thibaudeau, the rules were suspended, House Bill No. 2510, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Franklin, Senator Loveland was excused.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2510, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2510, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.
Absent: Senator Snyder - 1.
Excused: Senators Hale, Loveland and Sellar - 3.
HOUSE BILL NO. 2510, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2798, by House Committee on Health Care (originally sponsored by Representatives Lambert, Campbell, Cody, Parlette, Kagi, Benson and Haigh)
Requiring legible prescriptions.
The bill was read the second time.
MOTION
On motion of Senator Thibaudeau, the rules were suspended, Engrossed Substitute House Bill No. 2798 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Benton: “Senator Thibaudeau, who will determine, under the language in this bill, whether or not a prescription is legible? Is that subjective, objective? Who is going to make that determination, I guess, if we are going to make it? Is this bill a study or is this bill actually changing the law?”
Senator Thibaudeau: “No, it is not actually changing the law, except that the Department of Health will take a look at it. They have an ongoing committee to determine this. One of their agenda items will be to determine what does constitute a legible prescription. Does that answer your question, Senator?”
Senator Benton: “I am not sure. So, it is a study or it actually makes it illegal to write an illegible prescription?”
Senator Thibaudeau: “Yes, it does subject the writer of the prescription indirectly to the Uniform Disciplinary Act, which means that they will be sanctioned if they do not write legibly.”
Senator Benton: “But, someone, somewhere on this board will determine, then, what is, in fact, legible and what isn’t? It is not spelled out in the bill?”
Senator Thibaudeau: “That’s right.”
Senator Benton: “Thank you.”
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2798.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2798 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 4; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 43. Voting nay: Senators Haugen, Honeyford, Morton and Roach - 4. Excused: Senators Hale and Sellar - 2. ENGROSSED SUBSTITUTE HOUSE BILL NO. 2798, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 12:04 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 1:51 p.m. by President Owen.
MOTION
On motion of Senator Morton, Senators Finkbeiner and Long were excused.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Goings, Gubernatorial Appointment No. 9260, Carolyn A. Lake, as a member of the Board of Trustees for Bates Technical College District No. 28, was confirmed.
APPOINTMENT OF CAROLYN A. LAKE
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 35; Nays, 0; Absent, 10; Excused, 4.
Voting yea: Senators Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, McDonald, Morton, Oke, Prentice, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Spanel, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 35.
Absent: Senators Bauer, Deccio, Loveland, McAuliffe, McCaslin, Patterson, Rasmussen, Shin, Snyder and Stevens - 10.
Excused: Senators Finkbeiner, Hale, Long and Sellar - 4.
MOTION
On motion of Senator Morton, Senator Deccio was excused.
MOTION
On motion of Senator Franklin, Senator Loveland was excused.
MOTION
On motion of Senator Franklin, Gubernatorial Appointment No. 9292, Jack G. Skanes, as a member of the Board of Trustees for Bates Technical College District No. 28, was confirmed.
APPOINTMENT OF JACK G. SKANES
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.
Voting yea: Senators Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 43.
Absent: Senator Bauer - 1.
Excused: Senators Deccio, Finkbeiner, Hale, Loveland and Sellar - 5.
INTRODUCTION OF SPECIAL GUEST
The President welcomed and introduced The Honorable Sohn Hoon, Consul General of the Republic of Korea, who was seated in the gallery.
PERSONAL PRIVILEGE
Senator Shin: “A point of personal privilege, Mr. President. Consul General Sohn, who is in the gallery, represents our state and this region on behalf of the Republic of Korea. May I call to your attention that in the sixteenth century, a Dutch lawyer said that an ambassador is the highest educated person who represents this country. Consul General Sohn has been more than an ambassador. Not only did he become the spokesman for our state, he helped us to defray the trade office in Korea. He also promoted the trade offices; he also traveled around the state and many of the states on behalf of encouraging trade activities. So, I would rather say that he is more than an ambassador representing his country. Therefore, I take this opportunity to thank him personally. On our behalf, in the state of Washington, he not only represented his country well, but also represented Washington State that has a population of over 90,000 people. I thank you so much for the time.”
PERSONAL PRIVILEGE
Senator Rasmussen: “I rise to a point of personal privilege. I rise to the same reason as our good Senator, the previous speaker. Consul General Sohn has been a wonderful, wonderful liaison--a bridge between Korea and the state of Washington. I rise to say ‘thank you.’ “He will be soley missed; I just hope that this bridge that we have built goes back and forth all the time. He is just a wonderful good friend and he has been so kind to all of us and has helped all our trade relations. I really want to say, ‘thank you.’”
President Pro Tempore Wojahn assumed the Chair.
SECOND READING
SENATE BILL NO. 6399, by Senators Eide, Haugen, Swecker and Winsley (by request of Office of Financial Management)
Modifying the commute trip reduction tax credit.
MOTIONS
On motion of Senator Eide, Substitute Senate Bill No. 6399 was substituted for Senate Bill No. 6399 and the substitute bill was placed on second reading and read the second time.
Senator Benton moved that the following amendments by Senators Benton, Rossi, Johnson and Finkbeiner, be considered simultaneously and be adopted:
On page 1, line 10, after "transportation," insert "for telecommuting,"
On page 1, line 10, after "commuting" insert "including walking to work"
On page 2, line 2, after "transportation," insert "for telecommuting,"
On page 2, line 2, after "commuting" insert "including walking to work"
On page 2, line 19, after "transportation," insert "for telecommuting,"
On page 2, line 20, after "commuting" insert "including walking to work"
On page 3, line 22, after "transportation," insert "for telecommuting,"
On page 3, line 23, after "commuting" insert "including walking to work"
On page 3, line 33, after "transportation," insert "for telecommuting,"
On page 3, line 33, after "commuting" insert "including walking to work"
On page 4, line 13, after "transportation," insert "for telecommuting,"
On page 4, line 14 after "commuting" insert "including walking to work"
Renumber the sections consecutively and correct any internal references accordingly.
Debate ensued.
Senator Johnson demanded a roll all and the demand was sustained.
The President Pro Tempore declared the question before the Senate to be the roll call on the adoption of the amendments by Senators Benton, Rossi, Johnson and Finkbeiner on pages 1, 2, 3, and 4, to Substitute Senate Bill No. 6399.
ROLL CALL
The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 17; Nays, 28; Absent, 0; Excused, 4.
Voting yea: Senators Benton, Brown, Deccio, Hochstatter, Honeyford, Horn, Johnson, McDonald, Morton, Oke, Roach, Rossi, Sheahan, Stevens, Swecker, West and Zarelli - 17.
Voting nay: Senators Bauer, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 28.
Excused: Senators Finkbeiner, Hale, Loveland and Sellar - 4.
PERSONAL PRIVILEGE
Senator McCaslin: “A point of personal privilege, Madame President. Earlier today, we must have spent thirty minutes talking about a doctor’s handwriting on a prescription. Now, you look at some of these amendments. That last amendment--the first name is Dan something or other; something Rossi; and then some squiggly lines and then some more squiggly lines. It seems to me that if we are going to send amendments out--now you look at this one--I think we practiced this in Junior High School--with the loops and the mountains and stuff. I think it should be a rule in the Senate, Madam President, that when you sign anything you send out, it should legible. Then you know who put the amendment in, whether it is good or bad. Funny, that is the first time I got applause.
“I saw a movie the other night, since this is a personal privilege, which I would see again and they applauded at the end. Anytime that you see a movie and the theater applauds, that means it is a good movie. It was Cider House Rules, which I recommend to all of you.
“At least you understand what I am saying, you may not be able to read my writing, so I am quite serious, Madam President, we should be able to discern who is sending these out and now you can’t. Look at this, can you tell me who that is? You see, and he is a learned man. Anyway, thank you very much, Madam President.”
PERSONAL PRIVILEGE
Senator Roach: “A point of personal privilege. I just want you to know that I write very legibly and you can all read my hand writing.”
MOTION
On motion of Senator Eide, the rules were suspended, Substitute Senate Bill No. 6399 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6399.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6399 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 7; Absent, 1; Excused, 4.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Wojahn - 37.
Voting nay: Senators Benton, Hochstatter, Honeyford, Roach, Sheahan, Stevens and Zarelli - 7.
Absent: Senator West - 1.
Excused: Senators Finkbeiner, Hale, Loveland and Sellar - 4.
SUBSTITUTE SENATE BILL NO. 6399, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
President Owen assumed the Chair.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2675, by House Committee on Transportation (originally sponsored by Representatives Skinner, Schual-Berke, Mitchell, Fisher, McDonald, Ruderman, O'Brien and Hurst)
Updating requirements for child passenger restraint systems.
The bill was read the second time.
MOTION
Senator Costa moved that the following Committee on Transportation striking amendment be adopted:
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 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 as follows:
(a) 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;
(b) 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))) (c) 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;
(d) 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
(e) Enforcement of (a) through (d) 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 (d) of this subsection.
(f) 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 (c) 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 (c) 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."
MOTION
On motion of Senator Costa, the following amendments by Senators Costa, Haugen and Oke to the Committee on Transportation striking amendment were considered simultaneously and were adopted:
On page 1, beginning on line 25 of the amendment, after "restrained" strike all material through "system" on line 28 of the amendment
On page 1, line 29 of the amendment, after "(a)" insert "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)"
On page 1, at the beginning of line 32 of the amendment, strike "(b)" and insert "(c)"
On page 2, line 4 of the amendment, after "(((b)))" strike "(c)" and insert "(d)"
On page 2, at the beginning of line 9 of the amendment, strike "(d)" and insert "(e)"
On page 2, at the beginning of line 13 of the amendment, strike "(e)" and insert "(f)"
On page 2, line 13 of the amendment, after "through" strike "(d)" and insert "(e)"
On page 2, line 25 of the amendment, after "through" strike "(d)" and insert "(e)"
On page 2, at the beginning of line 27 of the amendment, strike "(f)" and insert "(g)"
On page 2, line 32 of the amendment, after "through" strike "(c)" and insert "(d)"
On page 3, line 11 of the amendment, after "through" strike "(c)" and insert "(d)"
MOTION
Senator Benton moved that the following amendment to the Committee on Transportation striking amendment be adopted:
On page 4, after line 36 of the amendment, insert the following:
"NEW SECTION. Sec. 5. The sum of $250,000 shall be allocated to the traffic safety commission for the sole purpose of implementing the public awareness campaign described in section 4 of this act. If this funding is not provided by June 30, 2000, section 3 of this act is null and void."
Renumber the sections consecutively and correct any internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be adoption of the amendment by Senator Benton on page 4, after line 36, to the Committee on Transportation striking amendment to Engrossed Substitute House Bill No. 2675.
The motion by Senator Benton failed and the amendment to the committee striking amendment was not adopted.
The President declared the question before the Senate to be adoption of the Committee on Transportation striking amendment, as amended, to Engrossed Substitute House Bill No. 2675.
The motion by Senator Costa carried and the committee striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Costa, the following title amendment was adopted:
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."
On motion of Senator Costa, the rules were suspended, Engrossed Substitute House Bill No. 2675, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2675, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2675, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 35; Nays, 8; Absent, 2; Excused, 4.
Voting yea: Senators Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Oke, Patterson, Prentice, Rasmussen, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Swecker, Thibaudeau, Winsley and Wojahn - 35.
Voting nay: Senators Benton, Hochstatter, McCaslin, Morton, Roach, Stevens, West and Zarelli - 8.
Absent: Senators Bauer and Snyder - 2.
Excused: Senators Finkbeiner, Hale, Loveland and Sellar - 4.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2675, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the fourth order of business.
MESSAGE FROM THE HOUSE
February 29, 2000
MR. PRESIDENT:
The House has passed:
ENGROSSED SENATE BILL NO. 5152,
SUBSTITUTE SENATE BILL NO. 5408,
ENGROSSED SENATE BILL NO. 5667,
SENATE BILL NO. 6138,
SENATE BILL NO. 6139,
SENATE BILL NO. 6140,
SUBSTITUTE SENATE BILL NO. 6147,
SUBSTITUTE SENATE BILL NO. 6182,
SUBSTITUTE SENATE BILL NO. 6186,
SENATE BILL NO. 6206,
SENATE BILL NO. 6223,
SUBSTITUTE SENATE BILL NO. 6276,
SENATE BILL NO. 6307,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6347, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SENATE BILL NO. 5152,
SUBSTITUTE SENATE BILL NO. 5408,
ENGROSSED SENATE BILL NO. 5667,
SENATE BILL NO. 6138,
SENATE BILL NO. 6139,
SENATE BILL NO. 6140,
SUBSTITUTE SENATE BILL NO. 6147,
SUBSTITUTE SENATE BILL NO. 6182,
SUBSTITUTE SENATE BILL NO. 6186,
SENATE BILL NO. 6206,
SENATE BILL NO. 6223,
SUBSTITUTE SENATE BILL NO. 6276,
SENATE BILL NO. 6307,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6347.
There being no objection, the President advanced the Senate to the sixth order of business.
MOTION
On motion of Senator Eide, Senator Hargrove was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2392, by House Committee on Local Government (originally sponsored by Representatives Doumit, Mulliken, Scott, Mielke, Miloscia, Hatfield, Fortunato, Fisher, Kenney, Edwards and Wolfe)
Creating the joint task force on local governments.
The bill was read the second time.
MOTION
On motion of Senator Patterson, the following Committee on State and Local Government striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that while government services are provided to the citizens of the state of Washington through many mechanisms, the most prevalent delivery of services occurs through city, county, or state government actions. Increased demand for these services and limited revenue to meet those services have led to unproductive competition between cities, counties, and the state for the revenue that is collected and shared between cities, counties, and the state.
Therefore, the legislature finds that there is a need to evaluate the delivery of government services, the allotment of revenues, and the collection and distribution of various fines and forfeitures through the establishment of a joint task force on local governments.
NEW SECTION. Sec. 2. (1) The joint task force on local governments is created, to consist of seventeen members including:
(a) The following four members of the house of representatives or their designees: (i) The chair and ranking minority member or the cochairs of the committee on appropriations; and (ii) the chair and ranking minority member or the cochairs of the committee on local government;
(b) The following four members of the senate or their designees: (i) The chair and the ranking minority member of the committee on ways and means; and (ii) the chair and ranking minority member of the committee on state and local government;
(c) One member from the office of the governor;
(d) Four members from the association of Washington cities;
(e) Two members from the Washington state association of counties; and
(f) Two members from the Washington association of county officials.
(2) The nonlegislative members of the task force shall serve without compensation, but will be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Legislative members of the task force will be reimbursed for travel expenses as provided in RCW
44.04.120. The staff of senate committee services and the office of program research of the house of representatives shall provide support to the task force.
(3) The task force must be cochaired by one senator, chosen by the task force, and one state representative, chosen by the task force, from opposite political parties. The cochairs shall appoint experts and advisors as nonvoting members of the task force to provide information on various subjects, including but not limited to special purpose districts and public employee unions. The task force shall establish rules of procedure at its first meeting.
NEW SECTION. Sec. 3. The joint task force on local governments shall:
(1) Complete a thorough study of the delivery of government services, allotment of revenues, and collection and distribution of various fines and forfeitures; and
(2) Commence the study by July 1, 2000, present an interim report of its findings and any recommendations to the legislature by January 30, 2001, and present a final report, including proposed legislation, addressing its recommendations to the legislature by January 1, 2002.
NEW SECTION. Sec. 4. This act expires March 30, 2002."
MOTIONS
On motion of Senator Patterson, the following title amendment was adopted:
On page 1, line 2 of the title, after "services;" strike the remainder of the title and insert "creating new sections; and providing an expiration date."
On motion of Senator Patterson, the rules were suspended, Substitute House Bill No. 2392, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2392, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2392, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 43.
Absent: Senator Goings - 1.
Excused: Senators Finkbeiner, Hale, Hargrove, Loveland and Sellar - 5.
SUBSTITUTE HOUSE BILL NO. 2392, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Franklin, Senator Kline was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2418, by House Committee on Education (originally sponsored by Representatives Woods, Conway, Talcott, D. Schmidt, Koster, Bush, Wensman, Carlson, Rockefeller, Kenney, Cody, Barlean, Schoesler, Sump, Cairnes, Thomas, Huff, Haigh, Mastin, McDonald, Lantz, Santos, Skinner, Ogden and McIntire)
Establishing a World War II oral history project.
The bill was read the second time.
MOTION
On motion of Senator McAuliffe, the following Committee on Education amendments were considered simultaneously and adopted:
On page 2, line 20, after "(2)" strike "The" and insert "To the extent funds are appropriated or donated, the"
On page 3, line 11, after "funding" strike "through the appropriations act"
MOTION
On motion of Senator McAuliffe, the rules were suspended, Substitute House Bill No. 2418, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2418, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2418, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 43.
Excused: Senators Finkbeiner, Hale, Hargrove, Kline, Loveland and Sellar - 6.
SUBSTITUTE HOUSE BILL NO. 2418, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2750, by Representatives D. Schmidt, Haigh and Romero (by request of Department of Community, Trade, and Economic Development)
Including prevention for potential victims of sexual assault as a core treatment service for victims of sexual assault.
The bill was read the second time.
MOTION
On motion of Senator Costa, the rules were suspended, House Bill No. 2750 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2750.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2750 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 43.
Absent: Senator Deccio - 1.
Excused: Senators Finkbeiner, Hale, Kline, Loveland and Sellar - 5.
HOUSE BILL NO. 2750, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SECOND SUBSTITUTE HOUSE BILL NO. 2637, by House Committee on Appropriations (originally sponsored by Representatives Tokuda, Conway, Cody, Schual-Berke, McIntire, Campbell, Rockefeller, Kenney, Haigh, O’Brien, Kagi, Hurst, Anderson and Van Luven) (by request of Department of Social and Health Services)
Requiring background checks on persons who will be in contact with vulnerable adults.
The bill was read the second time.
MOTION
Senator Costa moved that the following Committee on Human Services and Corrections striking amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.43.832 and 1997 c 392 s 524 are each amended to read as follows:
(1) The legislature finds that businesses and organizations providing services to children, developmentally disabled persons, and vulnerable adults need adequate information to determine which employees or licensees to hire or engage. The legislature further finds that many developmentally disabled individuals and vulnerable adults desire to hire their own employees directly and also need adequate information to determine which employees or licensees to hire or engage. Therefore, the Washington state patrol criminal identification system shall disclose, upon the request of a business or organization as defined in RCW 43.43.830, a developmentally disabled person, or a vulnerable adult as defined in RCW 43.43.830 or his or her guardian, an applicant's record for convictions of offenses against children or other persons, convictions for crimes relating to financial exploitation, but only if the victim was a vulnerable adult, adjudications of child abuse in a civil action, the issuance of a protection order against the respondent under chapter 74.34 RCW, and disciplinary board final decisions and any subsequent criminal charges associated with the conduct that is the subject of the disciplinary board final decision.
(2) The legislature also finds that the state board of education may request of the Washington state patrol criminal identification system information regarding a certificate applicant's record for convictions under subsection (1) of this section.
(3) The legislature also finds that law enforcement agencies, the office of the attorney general, prosecuting authorities, and the department of social and health services may request this same information to aid in the investigation and prosecution of child, developmentally disabled person, and vulnerable adult abuse cases and to protect children and adults from further incidents of abuse.
(4) The legislature further finds that the department of social and health services must consider the information listed in subsection (1) of this section in the following circumstances:
(a) When considering persons for state ((positions directly responsible for the care, supervision, or treatment of children, developmentally disabled persons, or vulnerable adults)) employment in positions directly responsible for the supervision, care, or treatment of children, vulnerable adults, or individuals with mental illness or developmental disabilities;
(b) When considering persons for state positions involving unsupervised access to vulnerable adults to conduct comprehensive assessments, financial eligibility determinations, licensing and certification activities, investigations, surveys, or case management; or for state positions otherwise required by federal law to meet employment standards;
(c) When licensing agencies or facilities with individuals in positions directly responsible for the care, supervision, or treatment of children, developmentally disabled persons, or vulnerable adults, including but not limited to agencies or facilities licensed under chapter 74.15 or 18.51 RCW;
(((c))) (d) When contracting with individuals or businesses or organizations for the care, supervision, case management, or treatment of children, developmentally disabled persons, or vulnerable adults, including but not limited to services contracted for under chapter 18.20, 18.48, 70.127, 70.128, 72.36, or 74.39A RCW or Title 71A RCW;
(e) When individual providers are paid by the state or providers are paid by home care agencies to provide in-home services involving unsupervised access to persons with physical, mental, or developmental disabilities or mental illness, or to vulnerable adults as defined in chapter 74.34 RCW, including but not limited to services provided under chapter 74.39 or 74.39A RCW.
(5) Whenever a state conviction record check is required by state law, persons may be employed or engaged as volunteers or independent contractors on a conditional basis pending completion of the state background investigation. Whenever a national criminal record check through the federal bureau of investigation is required by state law, a person may be employed or engaged as a volunteer or independent contractor on a conditional basis pending completion of the national check. The Washington personnel resources board shall adopt rules to accomplish the purposes of this subsection as it applies to state employees.
(6)(a) For purposes of facilitating timely access to criminal background information and to reasonably minimize the number of requests made under this section, recognizing that certain health care providers change employment frequently, health care facilities may, upon request from another health care facility, share copies of completed criminal background inquiry information.
(b) Completed criminal background inquiry information may be shared by a willing health care facility only if the following conditions are satisfied: The licensed health care facility sharing the criminal background inquiry information is reasonably known to be the person's most recent employer, no more than twelve months has elapsed from the date the person was last employed at a licensed health care facility to the date of their current employment application, and the criminal background information is no more than two years old.
(c) If criminal background inquiry information is shared, the health care facility employing the subject of the inquiry must require the applicant to sign a disclosure statement indicating that there has been no conviction or finding as described in RCW 43.43.842 since the completion date of the most recent criminal background inquiry.
(d) Any health care facility that knows or has reason to believe that an applicant has or may have a disqualifying conviction or finding as described in RCW 43.43.842, subsequent to the completion date of their most recent criminal background inquiry, shall be prohibited from relying on the applicant's previous employer's criminal background inquiry information. A new criminal background inquiry shall be requested pursuant to RCW 43.43.830 through 43.43.842.
(e) Health care facilities that share criminal background inquiry information shall be immune from any claim of defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of this information in accordance with this subsection.
(f) Health care facilities shall transmit and receive the criminal background inquiry information in a manner that reasonably protects the subject's rights to privacy and confidentiality.
(g) For the purposes of this subsection, "health care facility" means a nursing home licensed under chapter 18.51 RCW, a boarding home licensed under chapter 18.20 RCW, or an adult family home licensed under chapter 70.128 RCW.
(7) If a federal bureau of investigation check is required in addition to the state background check, an applicant who is not disqualified based on the results of the state background check shall be eligible for a one hundred twenty day provisional approval to hire, pending the outcome of the federal bureau of investigation check. The department may extend the provisional approval until receipt of the federal bureau of investigation check. If the federal bureau of investigation check disqualifies an applicant, the department shall notify the requestor that the provisional approval to hire is withdrawn and the applicant may be terminated.
Sec. 2. RCW 43.20A.710 and 1999 c 336 s 7 are each amended to read as follows:
(1) The secretary shall investigate the conviction records, pending charges or disciplinary board final decisions of:
(a) Persons being considered for state employment in positions directly responsible for the supervision, care, or treatment of children, vulnerable adults, or individuals with mental illness or developmental disabilities; ((and))
(b) Persons being considered for state employment in positions involving unsupervised access to vulnerable adults to conduct comprehensive assessments, financial eligibility determinations, licensing and certification activities, investigations, surveys, or case management; or for state positions otherwise required by federal law to meet employment standards;
(c) Individual providers who are paid by the state ((for)) and providers who are paid by home care agencies to provide in-home services ((and hired by individuals)) involving unsupervised access to persons with physical ((disabilities)), mental, or developmental disabilities((,)) or mental illness, or ((mental impairment)) to vulnerable adults as defined in chapter 74.34 RCW, including but not limited to services provided under chapter 74.39 or 74.39A RCW; and
(d) Individuals or businesses or organizations for the care, supervision, case management, or treatment of children, developmentally disabled persons, or vulnerable adults, including but not limited to services contracted for under chapter 18.20, 18.48, 70.127, 70.128, 72.36, or 74.39A RCW or Title 71A RCW.
(2) The investigation may include an examination of state and national criminal identification data. The secretary shall use the information solely for the purpose of determining the character, suitability, and competence of these applicants.
(3) An individual provider or home care agency provider who has resided in the state less than three years before applying for employment involving unsupervised access to a vulnerable adult as defined in chapter 74.34 RCW must be fingerprinted for the purpose of investigating conviction records both through the Washington state patrol and the federal bureau of investigation. This subsection applies only with respect to the provision of in-home services funded by medicaid personal care under RCW 74.09.520, community options program entry system waiver services under RCW 74.39A.030, or chore services under RCW 74.39A.110. However, this subsection does not supersede RCW 74.15.030(2)(b).
(4) An individual provider or home care agency provider hired to provide in-home care for and having unsupervised access to a vulnerable adult as defined in chapter 74.34 RCW must have no conviction for a disqualifying crime under RCW 43.43.830 and 43.43.842. An individual or home care agency provider must also have no conviction for a crime relating to drugs as defined in RCW 43.43.830. This subsection applies only with respect to the provision of in-home services funded by medicaid personal care under RCW 74.09.520, community options program entry system waiver services under RCW 74.39A.030, or chore services under RCW 74.39A.110.
(5) The secretary shall provide the results of the ((state)) background check on individual providers to the ((individuals with physical disabilities, developmental disabilities, mental illness, or mental impairment)) persons hiring them or to their legal guardians, if any, for their determination of the character, suitability, and competence of the applicants. If ((an individual)) the person elects to hire or retain an individual provider after receiving notice from the department that the applicant has a conviction for an offense that would disqualify the applicant from ((employment with the department)) having unsupervised access to persons with physical, mental, or developmental disabilities or mental illness, or to vulnerable adults as defined in chapter 74.34 RCW, then the secretary shall deny payment for any subsequent services rendered by the disqualified individual provider.
(((4))) (6) Criminal justice agencies shall provide the secretary such information as they may have and that the secretary may require for such purpose.
Sec. 3. RCW 74.39A.050 and 1999 c 336 s 5 are each amended to read as follows:
The department's system of quality improvement for long-term care services shall use the following principles, consistent with applicable federal laws and regulations:
(1) The system shall be client-centered and promote privacy, independence, dignity, choice, and a home or home-like environment for consumers consistent with chapter 392, Laws of 1997.
(2) The goal of the system is continuous quality improvement with the focus on consumer satisfaction and outcomes for consumers. This includes that when conducting licensing inspections, the department shall interview an appropriate percentage of residents, family members, resident managers, and advocates in addition to interviewing providers and staff.
(3) Providers should be supported in their efforts to improve quality and address identified problems initially through training, consultation, technical assistance, and case management.
(4) The emphasis should be on problem prevention both in monitoring and in screening potential providers of service.
(5) Monitoring should be outcome based and responsive to consumer complaints and a clear set of health, quality of care, and safety standards that are easily understandable and have been made available to providers.
(6) Prompt and specific enforcement remedies shall also be implemented without delay, pursuant to RCW 74.39A.080, RCW 70.128.160, chapter 18.51 RCW, or chapter 74.42 RCW, for providers found to have delivered care or failed to deliver care resulting in problems that are serious, recurring, or uncorrected, or that create a hazard that is causing or likely to cause death or serious harm to one or more residents. These enforcement remedies may also include, when appropriate, reasonable conditions on a contract or license. In the selection of remedies, the safety, health, and well-being of residents shall be of paramount importance.
(7) To the extent funding is available, all long-term care staff directly responsible for the care, supervision, or treatment of vulnerable persons should be screened through background checks in a uniform and timely manner to ensure that they do not have a criminal history that would disqualify them from working with vulnerable persons. Whenever a state conviction record check is required by state law, persons may be employed or engaged as volunteers or independent contractors on a conditional basis according to law and rules adopted by the department.
(8) No provider or staff, or prospective provider or staff, with a stipulated finding of fact, conclusion of law, an agreed order, or finding of fact, conclusion of law, or final order issued by a disciplining authority, a court of law, or entered into a state registry finding him or her guilty of abuse, neglect, exploitation, or abandonment of a minor or a vulnerable adult as defined in chapter 74.34 RCW shall be employed in the care of and have unsupervised access to vulnerable adults.
(9) ((The department shall establish, by rule, a state registry which contains identifying information about personal care aides identified under this chapter who have substantiated findings of abuse, neglect, financial exploitation, or abandonment of a vulnerable adult as defined in RCW 74.34.020. The rule must include disclosure, disposition of findings, notification, findings of fact, appeal rights, and fair hearing requirements. The department shall disclose, upon request, substantiated findings of abuse, neglect, financial exploitation, or abandonment to any person so requesting this information.
(10))) The department shall by rule develop training requirements for individual providers and home care agency providers. The department shall deny payment to an individual provider or a home care provider who does not complete the training requirement within the time limit specified by the department by rule.
(((11))) (10) The department shall establish, by rule, training, background checks, and other quality assurance requirements for personal aides who provide in-home services funded by medicaid personal care as described in RCW 74.09.520, community options program entry system waiver services as described in RCW 74.39A.030, or chore services as described in RCW 74.39A.110 that are equivalent to requirements for individual providers.
(((12))) (11) Under existing funds the department shall establish internally a quality improvement standards committee to monitor the development of standards and to suggest modifications.
(((13))) (12) Within existing funds, the department shall design, develop, and implement a long-term care training program that is flexible, relevant, and qualifies towards the requirements for a nursing assistant certificate as established under chapter 18.88A RCW. This subsection does not require completion of the nursing assistant certificate training program by providers or their staff. The long-term care teaching curriculum must consist of a fundamental module, or modules, and a range of other available relevant training modules that provide the caregiver with appropriate options that assist in meeting the resident's care needs. Some of the training modules may include, but are not limited to, specific training on the special care needs of persons with developmental disabilities, dementia, mental illness, and the care needs of the elderly. No less than one training module must be dedicated to workplace violence prevention. The nursing care quality assurance commission shall work together with the department to develop the curriculum modules. The nursing care quality assurance commission shall direct the nursing assistant training programs to accept some or all of the skills and competencies from the curriculum modules towards meeting the requirements for a nursing assistant certificate as defined in chapter 18.88A RCW. A process may be developed to test persons completing modules from a caregiver's class to verify that they have the transferable skills and competencies for entry into a nursing assistant training program. The department may review whether facilities can develop their own related long-term care training programs. The department may develop a review process for determining what previous experience and training may be used to waive some or all of the mandatory training. The department of social and health services and the nursing care quality assurance commission shall work together to develop an implementation plan by December 12, 1998.
Sec. 4. RCW 74.34.095 and 1999 c 176 s 17 are each amended to read as follows:
(1) The following information is confidential and not subject to disclosure, except as provided in this section:
(a) A report of abandonment, abuse, financial exploitation, or neglect made under this chapter;
(b) The identity of the person making the report; and
(c) All files, reports, records, communications, and working papers used or developed in the investigation or provision of protective services.
(2) Information considered confidential may be disclosed only for a purpose consistent with this chapter or as authorized by chapter 18.20, 18.51, or 74.39A RCW, or as authorized by the long-term care ombudsman programs under federal law or state law, chapter 43.190 RCW.
(3) A court or presiding officer in an administrative proceeding may order disclosure of confidential information only if the court, or presiding officer in an administrative proceeding, determines that disclosure is essential to the administration of justice and will not endanger the life or safety of the vulnerable adult or individual who made the report. The court or presiding officer in an administrative hearing may place restrictions on such disclosure as the court or presiding officer deems proper.
Sec. 5. RCW 74.39A.095 and 1999 c 175 s 3 are each amended to read as follows:
(1) In carrying out case management responsibilities established under RCW 74.39A.090 for consumers who are receiving services under the medicaid personal care, community options programs entry system or chore services program through an individual provider, each area agency on aging shall provide adequate oversight of the care being provided to consumers receiving services under this section. Such oversight shall include, but is not limited to:
(a) Verification that the individual provider has met any training requirements established by the department;
(b) Verification of a sample of worker time sheets;
(c) Home visits or telephone contacts sufficient to ensure that the plan of care is being appropriately implemented;
(d) Reassessment and reauthorization of services;
(e) Monitoring of individual provider performance; and
(f) Conducting criminal background checks or verifying that criminal background checks have been conducted.
(2) The area agency on aging case manager shall work with each consumer to develop a plan of care under this section that identifies and ensures coordination of health and long-term care services that meet the consumer's needs. In developing the plan, they shall utilize, and modify as needed, any comprehensive community service plan developed by the department as provided in RCW 74.39A.040. The plan of care shall include, at a minimum:
(a) The name and telephone number of the consumer's area agency on aging case manager, and a statement as to how the case manager can be contacted about any concerns related to the consumer's well-being or the adequacy of care provided;
(b) The name and telephone numbers of the consumer's primary health care provider, and other health or long-term care providers with whom the consumer has frequent contacts;
(c) A clear description of the roles and responsibilities of the area agency on aging case manager and the consumer receiving services under this section;
(d) The duties and tasks to be performed by the area agency on aging case manager and the consumer receiving services under this section;
(e) The type of in-home services authorized, and the number of hours of services to be provided;
(f) The terms of compensation of the individual provider;
(g) A statement that the individual provider has the ability and willingness to carry out his or her responsibilities relative to the plan of care; and
(h)(i) Except as provided in (h)(ii) of this subsection, a clear statement indicating that a consumer receiving services under this section has the right to waive any of the case management services offered by the area agency on aging under this section, and a clear indication of whether the consumer has, in fact, waived any of these services.
(ii) The consumer's right to waive case management services does not include the right to waive reassessment or reauthorization of services, or verification that services are being provided in accordance with the plan of care.
(3) Each area agency on aging shall retain a record of each waiver of services included in a plan of care under this section.
(4) Each consumer has the right to direct and participate in the development of their plan of care to the maximum practicable extent of their abilities and desires, and to be provided with the time and support necessary to facilitate that participation.
(5) A copy of the plan of care must be distributed to the consumer's primary care provider, individual provider, and other relevant providers with whom the consumer has frequent contact, as authorized by the consumer.
(6) The consumer's plan of care shall be an attachment to the contract between the department, or their designee, and the individual provider.
(7) If the department or area agency on aging case manager finds that an individual provider's inadequate performance or inability to deliver quality care is jeopardizing the health, safety, or well-being of a consumer receiving service under this section, the department or the area agency on aging may take action to terminate the contract between the department and the individual provider. If the department or the area agency on aging has a reasonable, good faith belief that the health, safety, or well-being of a consumer is in imminent jeopardy, the department or area agency on aging may summarily suspend the contract pending a fair hearing. The consumer may request a fair hearing to contest the planned action of the case manager, as provided in chapter 34.05 RCW. The department may by rule adopt guidelines for implementing this subsection.
(8) The department or area agency on aging may reject a request by ((an [a])) a consumer receiving services under this section to have a family member or other person serve as his or her individual provider if the case manager has a reasonable, good faith belief that the family member or other person will be unable to appropriately meet the care needs of the consumer. The consumer may request a fair hearing to contest the decision of the case manager, as provided in chapter 34.05 RCW. The department may by rule adopt guidelines for implementing this subsection."
MOTION
On motion of Senator Hargrove, the following amendment by Senators Hargrove and Long to the Committee on Human and Services and Corrections striking amendment was adopted:
On page 4, line 4 of the amendment, after "check" insert "by the department of social and health services"
The President declared the question before the Senate to be adoption of the Committee on Human Services and Corrections striking amendment, as amended, to Second Substitute House Bill No. 2637.
The motion by Senator Costa carried and the committee striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Costa, the following title amendment was adopted:
On page 1, line 2 of the title, after "adults;" strike the remainder of the title and insert "amending RCW 43.43.832, 43.20A.710, 74.39A.050, 74.34.095, and 74.39A.095."
On motion of Senator Costa, the rules were suspended, Second Substitute House Bill No. 2637, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 2637, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute House Bill No. 2637, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.
Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 43.
Absent: Senator Brown - 1.
Excused: Senators Finkbeiner, Hale, Kline, Loveland and Sellar - 5.
SECOND SUBSTITUTE HOUSE BILL NO. 2637, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED HOUSE BILL NO. 2424, by Representatives Ballasiotes and O'Brien (by request of Department of Community, Trade, and Economic Development and Department of Corrections)
Changing provisions to comply with federal standards for monitoring sex offenders.
The bill was read the second time.
MOTION
Senator Hargrove moved that the following Committee on Human Services and Corrections striking amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 9A.44.135 and 1999 c 196 s 15 are each amended to read as follows:
(1) When an offender registers with the county sheriff pursuant to RCW 9A.44.130, the county sheriff shall notify the police chief or town marshal of the jurisdiction in which the offender has registered to live. If the offender registers to live in an unincorporated area of the county, the sheriff shall make reasonable attempts to verify that the offender is residing at the registered address. If the offender registers to live in an incorporated city or town, the police chief or town marshal shall make reasonable attempts to verify that the offender is residing at the registered address. Reasonable attempts at verifying an address shall include at a minimum:
(a) For offenders who have not been previously designated sexually violent predators under chapter 71.09 RCW or an equivalent procedure in another jurisdiction, each year the chief law enforcement officer of the jurisdiction where the offender is registered to live shall send by certified mail, with return receipt requested, a nonforwardable verification form to the offender at the offender's last registered address.
(b) For offenders who have been previously designated sexually violent predators under chapter 71.09 RCW or the equivalent procedure in another jurisdiction, even if the designation has subsequently been removed, every ninety days the county sheriff shall send by certified mail, with return receipt requested, a nonforwardable verification form to the offender at the offender's last registered address.
(c) The offender must sign the verification form, state on the form whether he or she still resides at the last registered address, and return the form to the chief law enforcement officer of the jurisdiction where the offender is registered to live within ten days after receipt of the form.
(2) The chief law enforcement officer of the jurisdiction where the offender has registered to live shall make reasonable attempts to locate any sex offender who fails to return the verification form or who cannot be located at the registered address. If the offender fails to return the verification form or the offender is not at the last registered address, the chief law enforcement officer of the jurisdiction where the offender has registered to live shall promptly forward this information to the county sheriff and to the Washington state patrol for inclusion in the central registry of sex offenders.
(3) When an offender notifies the county sheriff of a change to his or her residence address pursuant to RCW 9A.44.130, and the new address is in a different law enforcement jurisdiction, the county sheriff shall notify the police chief or town marshal of the jurisdiction from which the offender has moved.
Sec. 2. RCW 9A.44.130 and 1999 sp.s. c 6 s 2 and 1999 c 352 s 9 are each reenacted and amended to read as follows:
(1) Any adult or juvenile residing whether or not the person has a fixed residence, or who is a student, is employed, or carries on a vocation in this state who has been found to have committed or has been convicted of any sex offense or kidnapping offense, or who has been found not guilty by reason of insanity under chapter 10.77 RCW of committing any sex offense or kidnapping offense, shall register with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation, or as otherwise specified in this section. Where a person required to register under this section is in custody of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility as a result of a sex offense or kidnapping offense, the person shall also register at the time of release from custody with an official designated by the agency that has jurisdiction over the person. In addition, any such adult or juvenile who is admitted to a public or private institution of higher education shall, within ten days of enrolling or by the first business day after arriving at the institution, whichever is earlier, notify the sheriff for the county of the person's residence of the person's intent to attend the institution. Persons required to register under this section who are enrolled in a public or private institution of higher education on June 11, 1998, must notify the county sheriff immediately. The sheriff shall notify the institution's department of public safety and shall provide that department with the same information provided to a county sheriff under subsection (3) of this section.
(2) This section may not be construed to confer any powers pursuant to RCW 4.24.500 upon the public safety department of any public or private institution of higher education.
(3)(a) The person shall provide the following information when registering: (i) Name; (ii) address; (iii) date and place of birth; (iv) place of employment; (v) crime for which convicted; (vi) date and place of conviction; (vii) aliases used; (viii) social security number; (ix) photograph; and (x) fingerprints.
(b) Any person who lacks a fixed residence shall provide the following information when registering: (i) Name; (ii) date and place of birth; (iii) place of employment; (iv) crime for which convicted; (v) date and place of conviction; (vi) aliases used; (vii) social security number; (viii) photograph; (ix) fingerprints; and (x) where he or she plans to stay.
(4)(a) Offenders shall register with the county sheriff within the following deadlines. For purposes of this section the term "conviction" refers to adult convictions and juvenile adjudications for sex offenses or kidnapping offenses:
(i) OFFENDERS IN CUSTODY. (A) Sex offenders who committed a sex offense on, before, or after February 28, 1990, and who, on or after July 28, 1991, are in custody, as a result of that offense, of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility, and (B) kidnapping offenders who on or after July 27, 1997, are in custody of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility, must register at the time of release from custody with an official designated by the agency that has jurisdiction over the offender. The agency shall within three days forward the registration information to the county sheriff for the county of the offender's anticipated residence. The offender must also register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. The agency that has jurisdiction over the offender shall provide notice to the offender of the duty to register. Failure to register at the time of release and within twenty-four hours of release constitutes a violation of this section and is punishable as provided in subsection (10) of this section.
When the agency with jurisdiction intends to release an offender with a duty to register under this section, and the agency has knowledge that the offender is eligible for developmental disability services from the department of social and health services, the agency shall notify the division of developmental disabilities of the release. Notice shall occur not more than thirty days before the offender is to be released. The agency and the division shall assist the offender in meeting the initial registration requirement under this section. Failure to provide such assistance shall not constitute a defense for any violation of this section.
(ii) OFFENDERS NOT IN CUSTODY BUT UNDER STATE OR LOCAL JURISDICTION. Sex offenders who, on July 28, 1991, are not in custody but are under the jurisdiction of the indeterminate sentence review board or under the department of correction's active supervision, as defined by the department of corrections, the state department of social and health services, or a local division of youth services, for sex offenses committed before, on, or after February 28, 1990, must register within ten days of July 28, 1991. Kidnapping offenders who, on July 27, 1997, are not in custody but are under the jurisdiction of the indeterminate sentence review board or under the department of correction's active supervision, as defined by the department of corrections, the state department of social and health services, or a local division of youth services, for kidnapping offenses committed before, on, or after July 27, 1997, must register within ten days of July 27, 1997. A change in supervision status of a sex offender who was required to register under this subsection (4)(a)(ii) as of July 28, 1991, or a kidnapping offender required to register as of July 27, 1997, shall not relieve the offender of the duty to register or to reregister following a change in residence. The obligation to register shall only cease pursuant to RCW 9A.44.140.
(iii) OFFENDERS UNDER FEDERAL JURISDICTION. Sex offenders who, on or after July 23, 1995, and kidnapping offenders who, on or after July 27, 1997, as a result of that offense are in the custody of the United States bureau of prisons or other federal or military correctional agency for sex offenses committed before, on, or after February 28, 1990, or kidnapping offenses committed on, before, or after July 27, 1997, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. Sex offenders who, on July 23, 1995, are not in custody but are under the jurisdiction of the United States bureau of prisons, United States courts, United States parole commission, or military parole board for sex offenses committed before, on, or after February 28, 1990, must register within ten days of July 23, 1995. Kidnapping offenders who, on July 27, 1997, are not in custody but are under the jurisdiction of the United States bureau of prisons, United States courts, United States parole commission, or military parole board for kidnapping offenses committed before, on, or after July 27, 1997, must register within ten days of July 27, 1997. A change in supervision status of a sex offender who was required to register under this subsection (4)(a)(iii) as of July 23, 1995, or a kidnapping offender required to register as of July 27, 1997 shall not relieve the offender of the duty to register or to reregister following a change in residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. The obligation to register shall only cease pursuant to RCW 9A.44.140.
(iv) OFFENDERS WHO ARE CONVICTED BUT NOT CONFINED. Sex offenders who are convicted of a sex offense on or after July 28, 1991, for a sex offense that was committed on or after February 28, 1990, and kidnapping offenders who are convicted on or after July 27, 1997, for a kidnapping offense that was committed on or after July 27, 1997, but who are not sentenced to serve a term of confinement immediately upon sentencing, shall report to the county sheriff to register immediately upon completion of being sentenced.
(v) OFFENDERS WHO ARE NEW RESIDENTS OR RETURNING WASHINGTON RESIDENTS. Sex offenders and kidnapping offenders who move to Washington state from another state or a foreign country that are not under the jurisdiction of the state department of corrections, the indeterminate sentence review board, or the state department of social and health services at the time of moving to Washington, must register within thirty days of establishing residence or reestablishing residence if the person is a former Washington resident. The duty to register under this subsection applies to sex offenders convicted under the laws of another state or a foreign country, federal or military statutes, or Washington state for offenses committed on or after February 28, 1990, and to kidnapping offenders convicted under the laws of another state or a foreign country, federal or military statutes, or Washington state for offenses committed on or after July 27, 1997. Sex offenders and kidnapping offenders from other states or a foreign country who, when they move to Washington, are under the jurisdiction of the department of corrections, the indeterminate sentence review board, or the department of social and health services must register within twenty-four hours of moving to Washington. The agency that has jurisdiction over the offender shall notify the offender of the registration requirements before the offender moves to Washington.
(vi) OFFENDERS FOUND NOT GUILTY BY REASON OF INSANITY. Any adult or juvenile who has been found not guilty by reason of insanity under chapter 10.77 RCW of (A) committing a sex offense on, before, or after February 28, 1990, and who, on or after July 23, 1995, is in custody, as a result of that finding, of the state department of social and health services, or (B) committing a kidnapping offense on, before, or after July 27, 1997, and who on or after July 27, 1997, is in custody, as a result of that finding, of the state department of social and health services, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence. The state department of social and health services shall provide notice to the adult or juvenile in its custody of the duty to register. Any adult or juvenile who has been found not guilty by reason of insanity of committing a sex offense on, before, or after February 28, 1990, but who was released before July 23, 1995, or any adult or juvenile who has been found not guilty by reason of insanity of committing a kidnapping offense but who was released before July 27, 1997, shall be required to register within twenty-four hours of receiving notice of this registration requirement. The state department of social and health services shall make reasonable attempts within available resources to notify sex offenders who were released before July 23, 1995, and kidnapping offenders who were released before July 27, 1997. Failure to register within twenty-four hours of release, or of receiving notice, constitutes a violation of this section and is punishable as provided in subsection (10) of this section.
(vii) OFFENDERS WHO LACK A FIXED RESIDENCE. Any person who lacks a fixed residence and leaves the county in which he or she is registered and enters and remains within a new county for twenty-four hours is required to register with the county sheriff not more than twenty-four hours after entering the county and provide the information required in subsection (3)(b) of this section.
(viii) OFFENDERS WHO LACK A FIXED RESIDENCE AND WHO ARE UNDER SUPERVISION. Offenders who lack a fixed residence and who are under the supervision of the department shall register in the county of their supervision.
(ix) OFFENDERS WHO MOVE TO, WORK, CARRY ON A VOCATION, OR ATTEND SCHOOL IN ANOTHER STATE. Offenders required to register in Washington, who move to another state, or who work, carry on a vocation, or attend school in another state shall register a new address, fingerprints, and photograph with the new state within ten days after establishing residence in the new state. The person must also send written notice within ten days of moving to the new state or to a foreign country to the county sheriff with whom the person last registered in Washington state. The county sheriff shall promptly forward this information to the Washington state patrol.
(b) Failure to register within the time required under this section constitutes a per se violation of this section and is punishable as provided in subsection (10) of this section. The county sheriff shall not be required to determine whether the person is living within the county.
(c) An arrest on charges of failure to register, service of an information, or a complaint for a violation of this section, or arraignment on charges for a violation of this section, constitutes actual notice of the duty to register. Any person charged with the crime of failure to register under this section who asserts as a defense the lack of notice of the duty to register shall register immediately following actual notice of the duty through arrest, service, or arraignment. Failure to register as required under this subsection (4)(c) constitutes grounds for filing another charge of failing to register. Registering following arrest, service, or arraignment on charges shall not relieve the offender from criminal liability for failure to register prior to the filing of the original charge.
(d) The deadlines for the duty to register under this section do not relieve any sex offender of the duty to register under this section as it existed prior to July 28, 1991.
(5)(a) If any person required to register pursuant to this section changes his or her residence address within the same county, the person must send written notice of the change of address to the county sheriff within seventy-two hours of moving. If any person required to register pursuant to this section moves to a new county, the person must send written notice of the change of address at least fourteen days before moving to the county sheriff in the new county of residence and must register with that county sheriff within twenty-four hours of moving. The person must also send written notice within ten days of the change of address in the new county to the county sheriff with whom the person last registered. The county sheriff with whom the person last registered shall promptly forward the information concerning the change of address to the county sheriff for the county of the person's new residence. ((If any person required to register pursuant to this section moves out of Washington state, the person must also send written notice within ten days of moving to the new state or a foreign country to the county sheriff with whom the person last registered in Washington state.)) Upon receipt of notice of change of address to a new state, the county sheriff shall promptly forward the information regarding the change of address to the agency designated by the new state as the state's offender registration agency.
(b) It is an affirmative defense to a charge that the person failed to send a notice at least fourteen days in advance of moving as required under (a) of this subsection that the person did not know the location of his or her new residence at least fourteen days before moving. The defendant must establish the defense by a preponderance of the evidence and, to prevail on the defense, must also prove by a preponderance that the defendant sent the required notice within twenty-four hours of determining the new address.
(6)(a) Any person required to register under this section who lacks a fixed residence shall provide written notice to the sheriff of the county where he or she last registered within fourteen days after ceasing to have a fixed residence. The notice shall include the information required by subsection (3)(b) of this section, except the photograph and fingerprints. The county sheriff may, for reasonable cause, require the offender to provide a photograph and fingerprints. The sheriff shall forward this information to the sheriff of the county in which the person intends to reside, if the person intends to reside in another county.
(b) A person who lacks a fixed residence must report in person to the sheriff of the county where he or she is registered. If he or she has been classified as a risk level I sex or kidnapping offender, he or she must report monthly. If he or she has been classified as a risk level II or III sex or kidnapping offender, he or she must report weekly. The lack of a fixed residence is a factor that may be considered in determining a sex offender's risk level.
(c) If any person required to register pursuant to this section does not have a fixed residence, it is an affirmative defense to the charge of failure to register, that he or she provided written notice to the sheriff of the county where he or she last registered within fourteen days after ceasing to have a fixed residence and has subsequently complied with the requirements of subsections (4)(a)(vii) or (viii) and (6) of this section. To prevail, the person must prove the defense by a preponderance of the evidence.
(7) A sex offender subject to registration requirements under this section who applies to change his or her name under RCW 4.24.130 or any other law shall submit a copy of the application to the county sheriff of the county of the person's residence and to the state patrol not fewer than five days before the entry of an order granting the name change. No sex offender under the requirement to register under this section at the time of application shall be granted an order changing his or her name if the court finds that doing so will interfere with legitimate law enforcement interests, except that no order shall be denied when the name change is requested for religious or legitimate cultural reasons or in recognition of marriage or dissolution of marriage. A sex offender under the requirement to register under this section who receives an order changing his or her name shall submit a copy of the order to the county sheriff of the county of the person's residence and to the state patrol within five days of the entry of the order.
(8) The county sheriff shall obtain a photograph of the individual and shall obtain a copy of the individual's fingerprints.
(9) For the purpose of RCW 9A.44.130, 10.01.200, 43.43.540, 70.48.470, and 72.09.330:
(a) "Sex offense" means any offense defined as a sex offense by RCW 9.94A.030 and any violation of RCW 9.68A.040 (sexual exploitation of a minor), 9.68A.050 (dealing in depictions of minor engaged in sexually explicit conduct), 9.68A.060 (sending, bringing into state depictions of minor engaged in sexually explicit conduct), 9.68A.090 (communication with minor for immoral purposes), 9.68A.100 (patronizing juvenile prostitute), or 9A.44.096 (sexual misconduct with a minor in the second degree), as well as any gross misdemeanor that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a sex offense under RCW 9.94A.030.
(b) "Kidnapping offense" means the crimes of kidnapping in the first degree, kidnapping in the second degree, and unlawful imprisonment as defined in chapter 9A.40 RCW, where the victim is a minor and the offender is not the minor's parent.
(c) "Employed" or "carries on a vocation" means employment that is full-time or part-time for a period of time exceeding fourteen days, or for an aggregate period of time exceeding thirty days during any calendar year. A person is employed or carries on a vocation whether the person's employment is financially compensated, volunteered, or for the purpose of government or educational benefit.
(d) "Student" means a person who is enrolled, on a full-time or part-time basis, in any public or private educational institution. An educational institution includes any secondary school, trade or professional institution, or institution of higher education.
(10) A person who knowingly fails to register with the county sheriff or notify the county sheriff, or who changes his or her name without notifying the county sheriff and the state patrol, as required by this section is guilty of a class C felony if the crime for which the individual was convicted was a felony sex offense as defined in subsection (9)(a) of this section or a federal or out-of-state conviction for an offense that under the laws of this state would be a felony sex offense as defined in subsection (9)(a) of this section. If the crime was other than a felony or a federal or out-of-state conviction for an offense that under the laws of this state would be other than a felony, violation of this section is a gross misdemeanor.
(11) A person who knowingly fails to register or who moves within the state without notifying the county sheriff as required by this section is guilty of a class C felony if the crime for which the individual was convicted was a felony kidnapping offense as defined in subsection (9)(b) of this section or a federal or out-of-state conviction for an offense that under the laws of this state would be a felony kidnapping offense as defined in subsection (9)(b) of this section. If the crime was other than a felony or a federal or out-of-state conviction for an offense that under the laws of this state would be other than a felony, violation of this section is a gross misdemeanor.
Sec. 3. RCW 9A.44.140 and 1998 c 220 s 3 are each amended to read as follows:
(1) The duty to register under RCW 9A.44.130 shall end:
(a) For a person convicted of a class A felony, or a person convicted of any sex offense or kidnapping offense who has one or more prior ((conviction[s])) convictions for a sex offense or kidnapping offense: Such person may only be relieved of the duty to register under subsection (3) or (4) of this section.
(b) For a person convicted of a class B felony, and the person does not have one or more prior ((conviction[s])) convictions for a sex offense or kidnapping offense: Fifteen years after the last date of release from confinement, if any, (including full-time residential treatment) pursuant to the conviction, or entry of the judgment and sentence, if the person has spent fifteen consecutive years in the community without being convicted of any new offenses.
(c) For a person convicted of a class C felony, a violation of RCW 9.68A.090 or 9A.44.096, or an attempt, solicitation, or conspiracy to commit a class C felony, and the person does not have one or more prior ((conviction[s])) convictions for a sex offense or kidnapping offense: Ten years after the last date of release from confinement, if any, (including full-time residential treatment) pursuant to the conviction, or entry of the judgment and sentence, if the person has spent ten consecutive years in the community without being convicted of any new offenses.
(2) The provisions of subsection (1) of this section shall apply equally to a person who has been found not guilty by reason of insanity under chapter 10.77 RCW of a sex offense or kidnapping offense.
(3)(a) Any person having a duty to register under RCW 9A.44.130 may petition the superior court to be relieved of that duty, if the person has spent ten consecutive years in the community without being convicted of any new offenses. The petition shall be made to the court in which the petitioner was convicted of the offense that subjects him or her to the duty to register, or, in the case of convictions in other states, a foreign country, or a federal or military court, to the court in Thurston county. The prosecuting attorney of the county shall be named and served as the respondent in any such petition. The court shall consider the nature of the registrable offense committed, and the criminal and relevant noncriminal behavior of the petitioner both before and after conviction, and may consider other factors. Except as provided in subsection (4) of this section, the court may relieve the petitioner of the duty to register only if the petitioner shows, with clear and convincing evidence, that future registration of the petitioner will not serve the purposes of RCW 9A.44.130, 10.01.200, 43.43.540, 46.20.187, 70.48.470, and 72.09.330.
(b)(i) The court may not relieve a person of the duty to register if the person has been determined to be a sexually violent predator as defined in RCW 71.09.020, or has been convicted of a sex offense or kidnapping offense that is a class A felony and that was committed with forcible compulsion on or after the effective date of this act.
(ii) Any person subject to (b)(i) of this subsection may petition the court to be exempted from any community notification requirements that the person may be subject to fifteen years after the later of the entry of the judgment and sentence or the last date of release from confinement, including full-time residential treatment, pursuant to the conviction, if the person has spent the time in the community without being convicted of any new offense.
(4) An offender having a duty to register under RCW 9A.44.130 for a sex offense or kidnapping offense committed when the offender was a juvenile may petition the superior court to be relieved of that duty. The court shall consider the nature of the registrable offense committed, and the criminal and relevant noncriminal behavior of the petitioner both before and after adjudication, and may consider other factors.
(a) The court may relieve the petitioner of the duty to register for a sex offense or kidnapping offense that was committed while the petitioner was fifteen years of age or older only if the petitioner shows, with clear and convincing evidence, that future registration of the petitioner will not serve the purposes of RCW 9A.44.130, 10.01.200, 43.43.540, 46.20.187, 70.48.470, and 72.09.330.
(b) The court may relieve the petitioner of the duty to register for a sex offense or kidnapping offense that was committed while the petitioner was under the age of fifteen if the petitioner (((a))) (i) has not been adjudicated of any additional sex offenses or kidnapping offenses during the twenty-four months following the adjudication for the offense giving rise to the duty to register, and (((b) the petitioner)) (ii) proves by a preponderance of the evidence that future registration of the petitioner will not serve the purposes of RCW 9A.44.130, 10.01.200, 43.43.540, 46.20.187, 70.48.470, and 72.09.330.
This subsection shall not apply to juveniles prosecuted as adults.
(5) Unless relieved of the duty to register pursuant to this section, a violation of RCW 9A.44.130 is an ongoing offense for purposes of the statute of limitations under RCW 9A.04.080.
(6) Nothing in RCW 9.94A.220 relating to discharge of an offender shall be construed as operating to relieve the offender of his or her duty to register pursuant to RCW 9A.44.130.
Sec. 4. RCW 70.48.470 and 1997 c 364 s 3 and 1997 c 113 s 7 are each reenacted and amended to read as follows:
(1) A person having charge of a jail shall notify in writing any confined person who is in the custody of the jail for a conviction of a sex offense as defined in RCW 9.94A.030 or a kidnapping offense as defined in RCW 9A.44.130 of the registration requirements of RCW 9A.44.130 at the time of the inmate's release from confinement, and shall obtain written acknowledgment of such notification. The person shall also obtain from the inmate the county of the inmate's residence upon release from jail and, where applicable, the city.
(2) When a sex offender or a person convicted of a kidnapping offense as defined in RCW 9A.44.130 under local government jurisdiction will reside in a county other than the county of conviction upon discharge or release, the chief law enforcement officer of the jail or his or her designee shall give notice of the inmate's discharge or release to the sheriff of the county and, where applicable, to the police chief of the city where the offender will reside."
MOTION
On motion of Senator Hargrove, the following amendment by Senators Hargrove and Long to the Committee on Human Services and Corrections striking amendment was adopted:
On page 7, line 18 of the amendment, after "residence" insert ", or after beginning to work, carry on a vocation, or attend school"
The President declared the question before the Senate to be the adoption of the Committee on Human Services and Corrections striking amendment, as amended, to Engrossed House Bill No. 2424.
The motion by Senator Hargrove carried and the committee striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Hargrove, the following title amendment was adopted:
On page 1, line 2 of the title, after "offenders;" strike the remainder of the title and insert "amending RCW 9A.44.135 and 9A.44.140; and reenacting and amending RCW 9A.44.130 and 70.48.470."
On motion of Senator Hargrove, the rules were suspended, Engrossed House Bill No. 2424, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2424, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 2424, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.
Excused: Senators Finkbeiner, Hale, Kline, Loveland and Sellar - 5.
ENGROSSED HOUSE BILL NO. 2424, as amended by the Senate, having received the constitutional majority was declared passed.
There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2380, by House Committee on Health Care (originally sponsored by Representatives Cody, Parlette and Edwards) (by request of Governor Locke)
Clarifying the authority of the department of social and health services concerning boarding homes.
The bill was read the second time.
MOTION
On motion of Senator Thibaudeau, the following Committee on Health and Long-Tem Care striking amendment was adopted:
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. A new section is added to chapter 18.20 RCW to read as follows:
(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Caregiver" includes any person who provides residents with hands-on personal care on behalf of a boarding home, except volunteers who are directly supervised.
(b) "Direct supervision" means oversight by a person who has demonstrated competency in the core areas or has been fully exempted from the training requirements pursuant to this section, is on the premises, and is quickly and easily available to the caregiver.
(2) Training must have the following components: Orientation, basic training, specialty training as appropriate, and continuing education. All boarding home employees or volunteers who routinely interact with residents shall complete orientation. Boarding home administrators, or their designees, and caregivers shall complete orientation, basic training, specialty training as appropriate, and continuing education.
(3) Orientation consists of introductory information on residents' rights, communication skills, fire and life safety, and universal precautions. Orientation must be provided at the facility by appropriate boarding home staff to all boarding home employees before the employees have routine interaction with residents.
(4) Basic training consists of modules on the core knowledge and skills that caregivers need to learn and understand to effectively and safely provide care to residents. Basic training must be outcome-based, and the effectiveness of the basic training must be measured by demonstrated competency in the core areas through the use of a competency test. Basic training must be completed by caregivers within one hundred twenty days of the date on which they begin to provide hands-on care or within one hundred twenty days of March 1, 2002, whichever is later. Until competency in the core areas has been demonstrated, caregivers shall not provide hands-on personal care to residents without direct supervision. Boarding home administrators, or their designees, must complete basic training and demonstrate competency within one hundred twenty days of employment or within one hundred twenty days of March 1, 2002, whichever is later.
(5) For boarding homes that serve residents with special needs such as dementia, developmental disabilities, or mental illness, specialty training is required of administrators, or designees, and caregivers. Specialty training consists of modules on the core knowledge and skills that caregivers need to effectively and safely provide care to residents with special needs. Specialty training should be integrated into basic training wherever appropriate. Specialty training must be outcome-based, and the effectiveness of the specialty training measured by demonstrated competency in the core specialty areas through the use of a competency test. Specialty training must be completed by caregivers within one hundred twenty days of the date on which they begin to provide hands-on care to a resident having special needs or within one hundred twenty days of March 1, 2002, whichever is later. However, if specialty training is not integrated with basic training, the specialty training must be completed within ninety days of completion of basic training. Until competency in the core specialty areas has been demonstrated, caregivers shall not provide hands-on personal care to residents with special needs without direct supervision. Boarding home administrators, or their designees, must complete specialty training and demonstrate competency within one hundred twenty days of March 1, 2002, if the boarding home serves one or more residents with special needs.
(6) Continuing education consists of ongoing delivery of information to caregivers on various topics relevant to the care setting and care needs of residents. Competency testing is not required for continuing education. Continuing education is not required during the first year following completion of the basic training. If specialty training is completed, the specialty training applies toward any continuing education requirement for up to two years following the completion of the specialty training.
(7) Persons who successfully challenge the competency test for basic training are fully exempt from the basic training requirements of this section. Persons who successfully challenge the specialty training competency test are fully exempt from the specialty training requirements of this section.
(8) Licensed persons who perform the tasks for which they are licensed are fully or partially exempt from the training requirements of this section, as specified by the department in rule.
(9) In an effort to improve access to training and education and reduce costs, especially for rural communities, the coordinated system of long-term care training and education must include the use of innovative types of learning strategies such as internet resources, videotapes, and distance learning using satellite technology coordinated through community colleges or other entities, as defined by the department.
(10) The community long-term care training and education steering committee established under section 11 of this act shall develop criteria for the approval of orientation, basic training, and specialty training programs.
(11) Boarding homes that desire to deliver facility-based training with facility designated trainers, or boarding homes that desire to pool their resources to create shared training systems, must be encouraged by the department in their efforts. The community long-term care training and education steering committee shall develop criteria for reviewing and approving trainers and training materials that are substantially similar to or better than the materials developed by the steering committee.
(12) The department shall adopt rules by March 1, 2002, for the implementation of this section based on the recommendations of the community long-term care training and education steering committee established in section 11 of this act.
(13) The orientation, basic training, specialty training, and continuing education requirements of this section take effect March 1, 2002, and shall be applied prospectively. However, nothing in this section affects the current training requirements under RCW 74.39A.010.
NEW SECTION. Sec. 11. A new section is added to chapter 74.39A RCW to read as follows:
(1) The secretary shall appoint a steering committee for community long-term care training and education to advise the department on the development and approval of criteria for training materials, the development of competency tests, the development of criteria for trainers, and the development of exemptions from training. The community long-term care training and education steering committee shall also review the effectiveness of the training program or programs, including the qualifications and availability of the trainers. The steering committee shall also review the appropriateness of the adopted rules implementing this section. The steering committee shall advise the department on flexible and innovative learning strategies that accomplish the training goals, such as competency and outcome-based models and distance learning. The steering committee shall review and recommend the most appropriate length of time between an employee's date of first hire and the start of the employee's basic training.
(2) The steering committee shall, at a minimum, consist of a representative from each of the following: Each of the state-wide boarding home associations, two adult family home associations, each of the state-wide home care associations, the long-term care ombudsman program, the area agencies on aging, the department of health representing the nursing care quality assurance commission, and a consumer, or their nonprovider designee, from a boarding home, adult family home, home care served by an agency, and home care served by an individual provider. A majority of the members currently serving constitute a quorum.
(3) Nothing in this chapter shall prevent the adult family home advisory committee from enhancing training requirements for adult family providers and resident managers, regulated under chapter 18.48 RCW, at the cost of those providers and resident managers.
(4) Establishment of the steering committee does not prohibit the department from utilizing other advisory activities that the department deems necessary for program development. However, when the department obtains input from other advisory sources, the department shall present the information to the steering committee for review and approval.
(5) Each member of the steering committee shall serve without compensation. Consumer representatives may be reimbursed for travel expenses as authorized in RCW 43.03.060.
(6) The steering committee recommendations must implement the intent of RCW 74.39A.050(14) to create training that includes skills and competencies that are transferable to nursing assistant training.
(7) The steering committee shall cease to exist on July 1, 2004.
NEW SECTION. Sec. 12. A new section is added to chapter 74.39A RCW to read as follows:
All training curricula and material, except competency testing material, developed by the department and used in part or in whole to improve provider and caregiver knowledge and skill are in the public domain and are subject to public disclosure under chapter 42.17 RCW. Any training curricula and material developed by a private entity and used under contract or by agreement with the department are also considered part of the public domain and shall be shared subject to any copyright restrictions. It is the department's responsibility when making training materials available to the public, to identify which material has copyright or other legal restrictions on its use, and which does not. Any proprietary curricula and material developed by a private entity for training purposes in facilities licensed under chapter 18.20 or 70.128 RCW or individual providers and home care agency providers under this chapter and approved for training by the department are not part of the public domain.
NEW SECTION. Sec. 13. 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. 14. This act takes effect July 1, 2000."
MOTIONS
On motion of Senator Thibaudeau, the following title amendment was adopted:
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 new sections to chapter 18.20 RCW; adding new sections to chapter 74.39A RCW; repealing RCW 18.20.060 and 18.20.100; and providing an effective date."
On motion of Senator Thibaudeau, the rules were suspended, Engrossed Substitute House Bill No. 2380, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2380, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2380, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.
Excused: Senators Finkbeiner, Kline, Loveland and Sellar - 4.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2380, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Honeyford, Senator Swecker was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2320, by House Committee on Judiciary (originally sponsored by Representatives Lantz, Esser, Constantine, Hurst and Ruderman)
Authorizing and applying electronic notice and proxies.
The bill was read the second time.
MOTION
On motion of Senator Heavey, the rules were suspended, Substitute House Bill No. 2320 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2320.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2320 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.
Excused: Senators Finkbeiner, Kline, Loveland, Sellar and Swecker - 5.
SUBSTITUTE HOUSE BILL NO. 2320, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Eide, Senator Haugen was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2321, by House Committee on Judiciary (originally sponsored by Representatives Esser, Lantz, Constantine, Hurst, Ruderman and D. Sommers)
Authorizing the transmission of electronic proxy appointments.
The bill was read the second time.
MOTION
On motion of Senator Heavey, the rules were suspended, Substitute House Bill No. 2321 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2321.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2321 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley, Wojahn and Zarelli - 43.
Excused: Senators Finkbeiner, Haugen, Kline, Loveland, Sellar and Swecker - 6.
SUBSTITUTE HOUSE BILL NO. 2321, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Franklin, Senator Thibaudeau was excused.
SECOND READING
HOUSE BILL NO. 2612, by Representatives McDonald, Constantine and Hurst
Clarifying when a defendant must appear.
The bill was read the second time.
MOTION
On motion of Senator Heavey, the rules were suspended, House Bill No. 2612 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2612.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2612 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, West, Winsley, Wojahn and Zarelli - 42.
Excused: Senators Finkbeiner, Haugen, Kline, Loveland, Sellar, Swecker and Thibaudeau - 7.
HOUSE BILL NO. 2612, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2604, by House Committee on Appropriations (originally sponsored by Representatives Doumit, Alexander, Wolfe, Delvin, Conway, Carlson, H. Sommers, McDonald, Schoesler, Pflug, Talcott, Clements, Bush, Keiser, Haigh, Rockefeller, Kagi and Hurst) (by request of Joint Committee on Pension Policy)
Creating additional options for payment of retirement allowances.
The bill was read the second time.
MOTION
On motion of Senator Brown, the following Committee on Ways and Means amendment was adopted:
On page 6, after line 25, insert the following:
"NEW SECTION. Sec. 3. No later than July 1, 2000, the department of retirement systems shall allow a member who: (1) Has attained ninety years of age, and (2) elected to receive a reduced retirement allowance under RCW 41.32.530 and designated a nonspouse as survivor beneficiary, the opportunity to remove the survivor designation and have their future benefit adjusted."
Renumber the remaining sections consecutively and correct any internal references accordingly.
MOTION
On motion of Senator Brown, the following Committee on Ways and Means amendment was adopted:
On page 16, after line 25, insert the following:
"Sec. 8. RCW 43.43.278 and 1999 c 74 s 4 are each amended to read as follows:
By July 1, 2000, the department of retirement systems shall adopt rules that allow a member to select((, in lieu of benefits under RCW 43.43.270,)) an actuarially equivalent retirement option that pays the member a reduced retirement allowance and upon death shall be continued throughout the life of a lawful surviving spouse. The continuing allowance to the lawful surviving spouse shall be subject to the yearly increase provided by RCW 43.43.260(5) in lieu of the annual increase provided in RCW 43.43.272. The allowance to the lawful surviving spouse under this section, and the allowance for an eligible child or children under RCW 43.43.270, shall not be subject to the limit for combined benefits under RCW 43.43.270.
"Renumber the remaining section.
MOTIONS
On motion of Senator Brown, the following title amendments were considered simultaneously and were adopted:
On page 1, line 3 of the title, strike "and 41.40.660" and insert "41.40.660, and 43.43.278"
On page 1, line 3 of the title, after "41.40.660;" insert "creating a new section;"
On motion of Senator Brown, the rules were suspended, Substitute House Bill No. 2604, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2604, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2604, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley, Wojahn and Zarelli - 43.
Absent: Senator Hargrove - 1.
Excused: Senators Finkbeiner, Kline, Loveland, Sellar and Swecker - 5.
SUBSTITUTE HOUSE BILL NO. 2604, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2867, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Linville, G. Chandler, Miloscia, Mitchell, Koster and Cooper)
Providing for the issuance of reservoir permits to store and recover water in an underground geological formation.
The bill was read the second time.
MOTION
Senator Eide moved that the following Committee on Environmental Quality and Water Resources striking amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 90.44 RCW to read as follows:
The legislature recognizes the importance of sound water management. In an effort to promote new and innovative methods of water storage, the legislature authorizes the department of ecology to issue reservoir permits that enable an entity to artificially store and recover water in any underground geological formation, which qualifies as a reservoir under RCW 90.03.370.
Sec. 2. RCW 90.44.035 and 1987 c 109 s 107 are each amended to read as follows:
For purposes of this chapter:
(1) "Department" means the department of ecology;
(2) "Director" means the director of ecology;
(3) "Ground waters" means all waters that exist beneath the land surface or beneath the bed of any stream, lake or reservoir, or other body of surface water within the boundaries of this state, whatever may be the geological formation or structure in which such water stands or flows, percolates or otherwise moves. There is a recognized distinction between natural ground water and artificially stored ground water;
(4) "Natural ground water" means water that exists in underground storage owing wholly to natural processes; ((and))
(5) "Artificially stored ground water" means water that is made available in underground storage artificially, either intentionally, or incidentally to irrigation and that otherwise would have been dissipated by natural ((waste)) processes; and
(6) "Underground artificial storage and recovery project" means any project in which it is intended to artificially store water in the ground through injection, surface spreading and infiltration, or other department-approved method, and to make subsequent use of the stored water. However, (a) this subsection does not apply to operational and seepage losses that occur during the irrigation of land, or to water that is artificially stored due to the construction, operation, or maintenance of an irrigation district project, or to projects involving water reclaimed in accordance with chapter 90.46 RCW; and (b) RCW 90.44.130 applies to those instances of claimed artificial recharge occurring due to the construction, operation, or maintenance of an irrigation district project or operational and seepage losses that occur during the irrigation of land, as well as other forms of claimed artificial recharge already existing at the time a ground water subarea is established.
Sec. 3. RCW 90.03.370 and 1987 c 109 s 93 are each amended to read as follows:
(1) All applications for reservoir permits shall be subject to the provisions of RCW 90.03.250 through 90.03.320. But the party or parties proposing to apply to a beneficial use the water stored in any such reservoir shall also file an application for a permit, to be known as the secondary permit, which shall be in compliance with the provisions of RCW 90.03.250 through 90.03.320. Such secondary application shall refer to such reservoir as its source of water supply and shall show documentary evidence that an agreement has been entered into with the owners of the reservoir for a permanent and sufficient interest in said reservoir to impound enough water for the purposes set forth in said application. When the beneficial use has been completed and perfected under the secondary permit, the department shall take the proof of the water users under such permit and the final certificate of appropriation shall refer to both the ditch and works described in the secondary permit and the reservoir described in the primary permit.
(2)(a) For the purposes of this section, "reservoir" includes, in addition to any surface reservoir, any naturally occurring underground geological formation where water is collected and stored for subsequent use as part of an underground artificial storage and recovery project. To qualify for issuance of a reservoir permit an underground geological formation must meet standards for review and mitigation of adverse impacts identified, for the following issues:
(i) Aquifer vulnerability and hydraulic continuity;
(ii) Potential impairment of existing water rights;
(iii) Geotechnical impacts and aquifer boundaries and characteristics;
(iv) Chemical compatibility of surface waters and ground water;
(v) Recharge and recovery treatment requirements;
(vi) System operation;
(vii) Water rights and ownership of water stored for recovery; and
(viii) Environmental impacts.
(b) Standards for review and standards for mitigation of adverse impacts for an underground artificial storage and recovery project shall be established by the department by rule. Notwithstanding the provisions of RCW 90.03.250 through 90.03.320, analysis of each underground artificial storage and recovery project and each underground geological formation for which an applicant seeks the status of a reservoir shall be through applicant-initiated studies reviewed by the department.
(3) For the purposes of this section, "underground artificial storage and recovery project" means any project in which it is intended to artificially store water in the ground through injection, surface spreading and infiltration, or other department-approved method, and to make subsequent use of the stored water. However, (a) this subsection does not apply to operational and seepage losses that occur during the irrigation of land, or to water that is artificially stored due to the construction, operation, or maintenance of an irrigation district project, or to projects involving water reclaimed in accordance with chapter 90.46 RCW; and (b) RCW 90.44.130 applies to those instances of claimed artificial recharge occurring due to the construction, operation, or maintenance of an irrigation district project or operational and seepage losses that occur during the irrigation of land, as well as other forms of claimed artificial recharge already existing at the time a ground water subarea is established.
(4) The department shall report to the legislature by December 31, 2001, on the standards for review and standards for mitigation developed under subsection (3) of this section and on the status of any applications that have been filed with the department for underground artificial storage and recovery projects by that date."
MOTION
On motion of Senator Eide, the following amendments by Senators Eide, Sheahan and Fraser to the Committee on Environment Quality and Water Resources striking amendment were considered simultaneously and were adopted:
On page 2, line 2 of the amendment, after "to" insert "irrigation return flow, or to"
On page 3, line 21 of the amendment, after "to" insert "irrigation return flow, or to"
On page 3, line 31 of the amendment, after "(4)" insert "Nothing in this act changes the requirements of existing law governing issuance of permits to appropriate or withdraw the waters of the state.
(5)"
The President declared the question before the Senate to be the adoption of the Committee on Environmental Quality and Water Resources striking amendment, as amended, to Engrossed Second Substitute House Bill No. 2867.
The motion by Senator Eide carried and the committee striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Eide, the following title amendment was adopted:
On page 1, line 1 of the title, after "storage;" strike the remainder of the title and insert "amending RCW 90.44.035 and 90.03.370; and adding a new section to chapter 90.44 RCW."
On motion of Senator Eide, the rules were suspended, Engrossed Second Substitute House Bill No. 2867, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute House Bill No. 2867, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 2867, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.
Excused: Senators Finkbeiner, Sellar and Swecker - 3.
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2867, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED HOUSE BILL NO. 2559, by Representatives Carlson, Kenney, Lantz and Radcliff (by request of Committee on Advanced College Tuition Payment, Higher Education Coordinating Board and State Treasurer Murphy)
Changing advanced college tuition payment program provisions.
The bill was read the second time.
MOTION
On motion of Senator Kohl-Welles, the rules were suspended, Engrossed House Bill No. 2559 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2559.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 2559 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.
Excused: Senators Finkbeiner, Sellar and Swecker - 3.
ENGROSSED HOUSE BILL NO. 2559, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5243, by Senators Kline, Winsley, Franklin, Prentice, Brown and Costa
Modifying the linked deposit program.
MOTION
On motion of Senator Kline Second Substitute Senate Bill No. 5243 was substituted for Senate Bill No. 5243 and the substitute bill was placed on the second reading calendar.
POINT OF ORDER
Senator Johnson: “A point of order, Mr. President. The consideration of Senate Bill No. 5243 is not proper at this point. Senate Concurrent Resolution No 8421, the cutoff resolution, specifically does not exempt this bill from that resolution. Consideration of Senate Bills was terminated on Tuesday, February 15, and at that time this bill was still presumedly pending in committee. There is an exception in the cutoff resolution for bills necessary to implement the budget. This linked deposit program was implemented in 1993. It has never yet appeared in the budget, so it can hardly be said that it is necessary to implement the budget. There could be a reference in the budget; there hasn’t been for seven years. There could be now, but once again it wouldn’t be necessary to implement the budget. Therefore, consideration of this bill at this time is out of order.”
Debate ensued.
MOTION
On motion of Senator Betti Sheldon, further consideration of Second Substitute Senate Bill No. 5243 was deferred.
MOTION
On motion of Senator Eide, Senator Snyder was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2343, by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Hatfield, Benson and Esser)
Allowing the redemption of vehicles by payments from financial institutions.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the following Committee on Transportation striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 46.55.120 and 1999 c 398 s 7 and 1999 c 327 s 5 are each reenacted and amended to read as follows:
(1) Vehicles or other items of personal property registered or titled with the department that are impounded by registered tow truck operators pursuant to RCW 46.55.080, 46.55.085, 46.55.113, or 9A.88.140 may be redeemed only under the following circumstances:
(a) Only the legal owner, the registered owner, a person authorized in writing by the registered owner or the vehicle's insurer, a person who is determined and verified by the operator to have the permission of the registered owner of the vehicle or other item of personal property registered or titled with the department, or one who has purchased a vehicle or item of personal property registered or titled with the department from the registered owner who produces proof of ownership or written authorization and signs a receipt therefor, may redeem an impounded vehicle or items of personal property registered or titled with the department. In addition, a vehicle impounded because the operator is in violation of RCW 46.20.342(1)(c) shall not be released until a person eligible to redeem it under this subsection (1)(a) satisfies the requirements of (e) of this subsection, including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered by a government agency. If the department's records show that the operator has been convicted of a violation of RCW 46.20.342 or a similar local ordinance within the past five years, the vehicle may be held for up to thirty days at the written direction of the agency ordering the vehicle impounded. A vehicle impounded because the operator is arrested for a violation of RCW 46.20.342 may be released only pursuant to a written order from the agency that ordered the vehicle impounded or from the court having jurisdiction. An agency may issue a written order to release pursuant to a provision of an applicable state agency rule or local ordinance authorizing release on the basis of economic or personal hardship to the spouse of the operator, taking into consideration public safety factors, including the operator's criminal history and driving record.
If a vehicle is impounded because the operator is in violation of RCW 46.20.342(1) (a) or (b), the vehicle may be held for up to thirty days at the written direction of the agency ordering the vehicle impounded. However, if the department's records show that the operator has been convicted of a violation of RCW 46.20.342(1) (a) or (b) or a similar local ordinance within the past five years, the vehicle may be held at the written direction of the agency ordering the vehicle impounded for up to sixty days, and for up to ninety days if the operator has two or more such prior offenses. If a vehicle is impounded because the operator is arrested for a violation of RCW 46.20.342, the vehicle may not be released until a person eligible to redeem it under this subsection (1)(a) satisfies the requirements of (e) of this subsection, including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered by a government agency.
(b) If the vehicle is directed to be held for a suspended license impound, a person who desires to redeem the vehicle at the end of the period of impound shall within five days of the impound at the request of the tow truck operator pay a security deposit to the tow truck operator of not more than one-half of the applicable impound storage rate for each day of the proposed suspended license impound. The tow truck operator shall credit this amount against the final bill for removal, towing, and storage upon redemption. The tow truck operator may accept other sufficient security in lieu of the security deposit. If the person desiring to redeem the vehicle does not pay the security deposit or provide other security acceptable to the tow truck operator, the tow truck operator may process and sell at auction the vehicle as an abandoned vehicle within the normal time limits set out in RCW 46.55.130(1). The security deposit required by this section may be paid and must be accepted at any time up to twenty-four hours before the beginning of the auction to sell the vehicle as abandoned. The registered owner is not eligible to purchase the vehicle at the auction, and the tow truck operator shall sell the vehicle to the highest bidder who is not the registered owner.
(c) Notwithstanding (b) of this subsection, a rental car business may immediately redeem a rental vehicle it owns by payment of the costs of removal, towing, and storage, whereupon the vehicle will not be held for a suspended license impound.
(d) Notwithstanding (b) of this subsection, a motor vehicle dealer or lender with a perfected security interest in the vehicle may redeem or lawfully repossess a vehicle immediately by payment of the costs of removal, towing, and storage, whereupon the vehicle will not be held for a suspended license impound. A motor vehicle dealer or lender with a perfected security interest in the vehicle may not knowingly and intentionally engage in collusion with a registered owner to repossess and then return or resell a vehicle to the registered owner in an attempt to avoid a suspended license impound. However, this provision does not preclude a vehicle dealer or a lender with a perfected security interest in the vehicle from repossessing the vehicle and then selling, leasing, or otherwise disposing of it in accordance with chapter 62A.9 RCW, including providing redemption rights to the debtor under RCW 62A.9-506. If the debtor is the registered owner of the vehicle, the debtor's right to redeem the vehicle under chapter 62A.9 RCW is conditioned upon the debtor obtaining and providing proof from the impounding authority or court having jurisdiction that any fines, penalties, and forfeitures owed by the registered owner, as a result of the suspended license impound, have been paid, and proof of the payment must be tendered to the vehicle dealer or lender at the time the debtor tenders all other obligations required to redeem the vehicle. Vehicle dealers or lenders are not liable for damages if they rely in good faith on an order from the impounding agency or a court in releasing a vehicle held under a suspended license impound.
(e) The vehicle or other item of personal property registered or titled with the department shall be released upon the presentation to any person having custody of the vehicle of commercially reasonable tender sufficient to cover the costs of towing, storage, or other services rendered during the course of towing, removing, impounding, or storing any such vehicle, with credit being given for the amount of any security deposit paid under (b) of this subsection. In addition, if a vehicle is impounded because the operator was arrested for a violation of RCW 46.20.342 or ((46.20.420)) 46.20.345 and was being operated by the registered owner when it was impounded under local ordinance or agency rule, it must not be released to any person until the registered owner establishes with the agency that ordered the vehicle impounded or the court having jurisdiction that any penalties, fines, or forfeitures owed by him or her have been satisfied. Registered tow truck operators are not liable for damages if they rely in good faith on an order from the impounding agency or a court in releasing a vehicle held under a suspended license impound. Commercially reasonable tender shall include, without limitation, cash, major bank credit cards issued by financial institutions, or personal checks drawn on ((in-state banks)) Washington state branches of financial institutions if accompanied by two pieces of valid identification, one of which may be required by the operator to have a photograph. If the towing firm ((can)) cannot determine through the customer's bank or a check verification service that the presented check would ((not)) be paid by the bank or guaranteed by the service, the towing firm may refuse to accept the check. Any person who stops payment on a personal check or credit card, or does not make restitution within ten days from the date a check becomes insufficient due to lack of funds, to a towing firm that has provided a service pursuant to this section or in any other manner defrauds the towing firm in connection with services rendered pursuant to this section shall be liable for damages in the amount of twice the towing and storage fees, plus costs and reasonable attorney's fees.
(2)(a) The registered tow truck operator shall give to each person who seeks to redeem an impounded vehicle, or item of personal property registered or titled with the department, written notice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by a form to be used for requesting a hearing, the name of the person or agency authorizing the impound, and a copy of the towing and storage invoice. The registered tow truck operator shall maintain a record evidenced by the redeeming person's signature that such notification was provided.
(b) Any person seeking to redeem an impounded vehicle under this section has a right to a hearing in the district or municipal court for the jurisdiction in which the vehicle was impounded to contest the validity of the impoundment or the amount of towing and storage charges. The district court has jurisdiction to determine the issues involving all impoundments including those authorized by the state or its agents. The municipal court has jurisdiction to determine the issues involving impoundments authorized by agents of the municipality. Any request for a hearing shall be made in writing on the form provided for that purpose and must be received by the appropriate court within ten days of the date the opportunity was provided for in subsection (2)(a) of this section and more than five days before the date of the auction. At the time of the filing of the hearing request, the petitioner shall pay to the court clerk a filing fee in the same amount required for the filing of a suit in district court. If the hearing request is not received by the court within the ten-day period, the right to a hearing is waived and the registered owner is liable for any towing, storage, or other impoundment charges permitted under this chapter. Upon receipt of a timely hearing request, the court shall proceed to hear and determine the validity of the impoundment.
(3)(a) The court, within five days after the request for a hearing, shall notify the registered tow truck operator, the person requesting the hearing if not the owner, the registered and legal owners of the vehicle or other item of personal property registered or titled with the department, and the person or agency authorizing the impound in writing of the hearing date and time.
(b) At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show that the impoundment, towing, or storage fees charged were not proper. The court may consider a written report made under oath by the officer who authorized the impoundment in lieu of the officer's personal appearance at the hearing.
(c) At the conclusion of the hearing, the court shall determine whether the impoundment was proper, whether the towing or storage fees charged were in compliance with the posted rates, and who is responsible for payment of the fees. The court may not adjust fees or charges that are in compliance with the posted or contracted rates.
(d) If the impoundment is found proper, the impoundment, towing, and storage fees as permitted under this chapter together with court costs shall be assessed against the person or persons requesting the hearing, unless the operator did not have a signed and valid impoundment authorization from a private property owner or an authorized agent.
(e) If the impoundment is determined to be in violation of this chapter, then the registered and legal owners of the vehicle or other item of personal property registered or titled with the department shall bear no impoundment, towing, or storage fees, and any security shall be returned or discharged as appropriate, and the person or agency who authorized the impoundment shall be liable for any towing, storage, or other impoundment fees permitted under this chapter. The court shall enter judgment in favor of the registered tow truck operator against the person or agency authorizing the impound for the impoundment, towing, and storage fees paid. In addition, the court shall enter judgment in favor of the registered and legal owners of the vehicle, or other item of personal property registered or titled with the department, for the amount of the filing fee required by law for the impound hearing petition as well as reasonable damages for loss of the use of the vehicle during the time the same was impounded, for not less than fifty dollars per day, against the person or agency authorizing the impound. However, if an impoundment arising from an alleged violation of RCW 46.20.342 or ((46.20.420)) 46.20.345 is determined to be in violation of this chapter, then the law enforcement officer directing the impoundment and the government employing the officer are not liable for damages if the officer relied in good faith and without gross negligence on the records of the department in ascertaining that the operator of the vehicle had a suspended or revoked driver's license. If any judgment entered is not paid within fifteen days of notice in writing of its entry, the court shall award reasonable attorneys' fees and costs against the defendant in any action to enforce the judgment. Notice of entry of judgment may be made by registered or certified mail, and proof of mailing may be made by affidavit of the party mailing the notice. Notice of the entry of the judgment shall read essentially as follows:
TO: . . . . . .
YOU ARE HEREBY NOTIFIED JUDGMENT was entered against you in the . . . . . . Court located at . . . . . . in the sum of $. . . . . ., in an action entitled . . . . . ., Case No. . . . . YOU ARE FURTHER NOTIFIED that attorneys fees and costs will be awarded against you under RCW . . . if the judgment is not paid within 15 days of the date of this notice.
DATED this . . . . day of . . . . . ., (year) . . .
Signature .. . . . . . . . . . . . . . . . . . . . . . . . . . .
Typed name and address
of party mailing notice
(4) Any impounded abandoned vehicle or item of personal property registered or titled with the department that is not redeemed within fifteen days of mailing of the notice of custody and sale as required by RCW 46.55.110(3) shall be sold at public auction in accordance with all the provisions and subject to all the conditions of RCW 46.55.130. A vehicle or item of personal property registered or titled with the department may be redeemed at any time before the start of the auction upon payment of the applicable towing and storage fees.
Sec. 2. RCW 46.55.130 and 1998 c 203 s 6 are each amended to read as follows:
(1) If, after the expiration of fifteen days from the date of mailing of notice of custody and sale required in RCW 46.55.110(((2))) (3) to the registered and legal owners, the vehicle remains unclaimed and has not been listed as a stolen vehicle, or a suspended license impound has been directed, but no security paid under RCW 46.55.120, then the registered tow truck operator having custody of the vehicle shall conduct a sale of the vehicle at public auction after having first published a notice of the date, place, and time of the auction in a newspaper of general circulation in the county in which the vehicle is located not less than three days and no more than ten days before the date of the auction. The notice shall contain a description of the vehicle including the make, model, year, and license number and a notification that a three-hour public viewing period will be available before the auction. The auction shall be held during daylight hours of a normal business day.
(2) The following procedures are required in any public auction of such abandoned vehicles:
(a) The auction shall be held in such a manner that all persons present are given an equal time and opportunity to bid;
(b) All bidders must be present at the time of auction unless they have submitted to the registered tow truck operator, who may or may not choose to use the preauction bid method, a written bid on a specific vehicle. Written bids may be submitted up to five days before the auction and shall clearly state which vehicle is being bid upon, the amount of the bid, and who is submitting the bid;
(c) The open bid process, including all written bids, shall be used so that everyone knows the dollar value that must be exceeded;
(d) The highest two bids received shall be recorded in written form and shall include the name, address, and telephone number of each such bidder;
(e) In case the high bidder defaults, the next bidder has the right to purchase the vehicle for the amount of his or her bid;
(f) The successful bidder shall apply for title within fifteen days;
(g) The registered tow truck operator shall post a copy of the auction procedure at the bidding site. If the bidding site is different from the licensed office location, the operator shall post a clearly visible sign at the office location that describes in detail where the auction will be held. At the bidding site a copy of the newspaper advertisement that lists the vehicles for sale shall be posted;
(h) All surplus moneys derived from the auction after satisfaction of the registered tow truck operator's lien shall be remitted within thirty days to the department for deposit in the state motor vehicle fund. A report identifying the vehicles resulting in any surplus shall accompany the remitted funds. If the director subsequently receives a valid claim from the registered vehicle owner of record as determined by the department within one year from the date of the auction, the surplus moneys shall be remitted to such owner;
(i) If an operator receives no bid, or if the operator is the successful bidder at auction, the operator shall, within forty-five days sell the vehicle to a licensed vehicle wrecker, hulk hauler, or scrap processor by use of the abandoned vehicle report-affidavit of sale, or the operator shall apply for title to the vehicle.
(3) In no case may an operator hold a vehicle for longer than ninety days without holding an auction on the vehicle, except for vehicles that are under a police or judicial hold.
(4)(a) In no case may the accumulation of storage charges exceed fifteen days from the date of receipt of the information by the operator from the department as provided by RCW 46.55.110(((2))) (3).
(b) The failure of the registered tow truck operator to comply with the time limits provided in this chapter limits the accumulation of storage charges to five days except where delay is unavoidable. Providing incorrect or incomplete identifying information to the department in the abandoned vehicle report shall be considered a failure to comply with these time limits if correct information is available. However, storage charges begin to accrue again on the date the correct and complete information is provided to the department by the registered tow truck operator."
MOTIONS
On motion of Senator Haugen, the following title amendment was adopted:
On page 1, line 2 of the title, after "institutions;" strike the remainder of the title and insert "amending RCW 46.55.130; and reenacting and amending RCW 46.55.120."
On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 2343, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2343, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2343, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.
Excused: Senators Finkbeiner, Sellar, Snyder and Swecker - 4.
SUBSTITUTE HOUSE BILL NO. 2343, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2846, by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Benson, Hatfield, Sullivan, DeBolt, Barlean, Cairnes, Quall, McIntire and Delvin)
Providing certain notices to agents or brokers.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, Substitute House Bill No. 2846 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2846.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2846 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.
Absent: Senator Hargrove - 1.
Excused: Senators Finkbeiner, Sellar and Swecker - 3.
SUBSTITUTE HOUSE BILL NO. 2846, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2410, by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Lovick, Bush, McIntire, O'Brien, Keiser, Edwards, Reardon, Haigh, Schual-Berke, Scott, Stensen, Rockefeller, Kenney, Thomas, Morris, Wood, Regala, Hurst, Ogden, Ruderman and Kagi)
Protecting credit card users.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, Substitute House Bill No. 2410 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Zarelli: “Senator Prentice, on this bill I wanted to ask a question. Do you know what is involved in retailer making a change to direct this issue? I know there is a lot of investment in equipment, in software, etc. Is this simply a software change to adjust for this or would it be a new investment in printers and equipment?”
Senator Prentice: “I believe it will be a software change, but some have already started to do this. In fact, some of your gas receipts use to have the numbers and now they are just putting little stars. So, that is already being addressed. This is simply to allow time. My understanding is that this is simply a software change.”
Senator Zarelli: “Thank you.”
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2410.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2410 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.
Absent: Senator Deccio - 1.
Excused: Senators Finkbeiner, Sellar and Swecker - 3.
SUBSTITUTE HOUSE BILL NO. 2410, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Goings, Senator Bauer was excused.
SECOND READING
ENGROSSED HOUSE BILL NO. 2713, by Representatives Constantine, Hurst, Haigh and Conway
Regarding mandatory arbitration fees.
The bill was read the second time.
MOTION
On motion of Senator Heavey, the rules were suspended, Engrossed House Bill No. 2713 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2713.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 2713 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 12; Absent, 1; Excused, 4.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Patterson, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 32.
Voting nay: Senators Hale, Hochstatter, Honeyford, Horn, Johnson, McDonald, Morton, Oke, Rossi, Stevens, West and Zarelli - 12.
Absent: Senator Franklin - 1.
Excused: Senators Bauer, Finkbeiner, Sellar and Swecker - 4.
ENGROSSED HOUSE BILL NO. 2713, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Eide, Senator Franklin was excused.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2884, by House Committee on Judiciary (originally sponsored by Representatives Constantine, Carlson, Grant, Radcliff, Kastama, Mastin, Keiser, Ruderman, Kessler, Dickerson, Tokuda, D. Sommers and Stensen)
Providing notice requirements for parents subject to court orders and standards regarding residential time or visitation.
The bill was read the second time.
MOTION
On motion of Senator Heavey, the rules were suspended, Engrossed Substitute House Bill No. 2884 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2884.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2884 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley, Wojahn and Zarelli - 43. Absent: Senator Fraser - 1. Excused: Senators Bauer, Finkbeiner, Franklin, Sellar and Swecker - 5. ENGROSSED SUBSTITUTE HOUSE BILL NO. 2884, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2452, by Representatives Cody, Parlette, Edwards and Hurst (by request of Department of Health)
Making technical changes and corrections to department of health statutes.
The bill was read the second time.
MOTION
Senator Thibaudeau moved that the following Committee on Health and Long-Term Care striking amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 18.35.240 and 1996 c 200 s 30 are each amended to read as follows:
(1) Every ((establishment)) individual engaged in the fitting and dispensing of hearing instruments shall ((file with the department)) be covered by a surety bond ((in the sum)) of ten thousand dollars((, running to the state of Washington)) or more, for the benefit of any person injured or damaged as a result of any violation by the ((establishment's)) licensee, certificate or permit holder, or their employees or agents of any of the provisions of this chapter or rules adopted by the secretary.
(2) In lieu of the surety bond required by this section, the ((establishment may file with the department a cash)) licensee or certificate or permit holder may deposit cash or other negotiable security ((acceptable to the department)) in a banking institution as defined in chapter 30.04 RCW or a credit union as defined in chapter 31.12 RCW. All obligations and remedies relating to surety bonds shall apply to deposits and security filed in lieu of surety bonds.
(3) If a cash deposit or other negotiable security is filed, ((the department shall deposit the funds. The cash or other negotiable security deposited with the department shall be returned to the depositor)) the licensee or certificate or permit holder shall maintain such cash or other negotiable security for one year after ((the establishment has discontinued)) discontinuing the fitting and dispensing of hearing instruments ((if no legal action has been instituted against the establishment, its agents or employees, or the cash deposit or other security. The establishment owners shall notify the department if the establishment is sold, changes names, or has discontinued the fitting and dispensing of hearing instruments in order that the cash deposit or other security may be released at the end of one year from that date.
(4) A surety may file with the department notice of withdrawal of the bond of the establishment. Upon filing a new bond, or upon the expiration of sixty days after the filing of notice of withdrawal by the surety, the liability of the former surety for all future acts of the establishment terminates.
(5) Upon the filing with the department notice by a surety of withdrawal of the surety on the bond of an establishment or upon the cancellation by the department of the bond of a surety under this section, the department shall immediately give notice to the establishment by certified or registered mail with return receipt requested addressed to the establishment's last place of business as filed with the department.
(6) The department shall immediately cancel the bond given by a surety company upon being advised that the surety company's license to transact business in this state has been revoked)).
(((7))) (4) Each invoice for the purchase of a hearing instrument provided to a customer must clearly display on the first page the bond number ((of the establishment or)) covering the licensee or certificate or permit holder responsible for fitting/dispensing the hearing instrument.
(5) All licensed hearing instrument fitter/dispensers, certified audiologists, and permit holders must verify compliance with the requirement to hold a surety bond or cash or other negotiable security by submitting a signed declaration of compliance upon annual renewal of their license, certificate, or permit. Up to twenty-five percent of the credential holders may be randomly audited for surety bond compliance after the credential is renewed. It is the credential holder's responsibility to submit a copy of the original surety bond or bonds, or documentation that cash or other negotiable security is held in a banking institution during the time period being audited. Failure to comply with the audit documentation request or failure to supply acceptable documentation within thirty days may result in disciplinary action.
Sec. 2. RCW 18.35.240 and 1998 c 142 s 18 are each amended to read as follows:
(1) Every ((establishment)) individual engaged in the fitting and dispensing of hearing instruments shall ((file with the department)) be covered by a surety bond ((in the sum)) of ten thousand dollars((, running to the state of Washington)) or more, for the benefit of any person injured or damaged as a result of any violation by the ((establishment's)) licensee, certificate or permit holder, or their employees or agents of any of the provisions of this chapter or rules adopted by the secretary.
(2) In lieu of the surety bond required by this section, the ((establishment may file with the department a cash)) licensee or certificate or permit holder may deposit cash or other negotiable security ((acceptable to the department)) in a banking institution as defined in chapter 30.04 RCW or a credit union as defined in chapter 31.12 RCW. All obligations and remedies relating to surety bonds shall apply to deposits and security filed in lieu of surety bonds.
(3) If a cash deposit or other negotiable security is filed, ((the department shall deposit the funds. The cash or other negotiable security deposited with the department shall be returned to the depositor)) the licensee or certificate or permit holder shall maintain such cash or other negotiable security for one year after ((the establishment has discontinued)) discontinuing the fitting and dispensing of hearing instruments ((if no legal action has been instituted against the establishment, its agents or employees, or the cash deposit or other security. The establishment owners shall notify the department if the establishment is sold, changes names, or has discontinued the fitting and dispensing of hearing instruments in order that the cash deposit or other security may be released at the end of one year from that date.
(4) A surety may file with the department notice of withdrawal of the bond of the establishment. Upon filing a new bond, or upon the expiration of sixty days after the filing of notice of withdrawal by the surety, the liability of the former surety for all future acts of the establishment terminates.
(5) Upon the filing with the department notice by a surety of withdrawal of the surety on the bond of an establishment or upon the cancellation by the department of the bond of a surety under this section, the department shall immediately give notice to the establishment by certified or registered mail with return receipt requested addressed to the establishment's last place of business as filed with the department.
(6) The department shall immediately cancel the bond given by a surety company upon being advised that the surety company's license to transact business in this state has been revoked)).
(((7))) (4) Each invoice for the purchase of a hearing instrument provided to a customer must clearly display on the first page the bond number ((of the establishment or)) covering the licensee or certificate or interim permit holder responsible for fitting/dispensing the hearing instrument.
(5) All licensed hearing instrument fitter/dispensers, certified audiologists, and permit holders must verify compliance with the requirement to hold a surety bond or cash or other negotiable security by submitting a signed declaration of compliance upon annual renewal of their license, certificate, or permit. Up to twenty-five percent of the credential holders may be randomly audited for surety bond compliance after the credential is renewed. It is the credential holder's responsibility to submit a copy of the original surety bond or bonds, or documentation that cash or other negotiable security is held in a banking institution during the time period being audited. Failure to comply with the audit documentation request or failure to supply acceptable documentation within thirty days may result in disciplinary action.
Sec. 3. RCW 18.35.250 and 1996 c 200 s 31 are each amended to read as follows:
(1) In addition to any other legal remedies, an action may be brought in any court of competent jurisdiction upon the bond, cash deposit, or security in lieu of a surety bond required by this chapter, by any person having a claim against a licensee or certificate or permit holder, agent, or ((establishment)) employee for any violation of this chapter or any rule adopted under this chapter. The aggregate liability of the surety, cash deposit, or other negotiable security to all claimants shall in no event exceed the sum of the bond. Claims shall be satisfied in the order of judgment rendered.
(2) An action upon the bond, cash deposit, or other negotiable security shall be commenced by serving and filing ((the)) a complaint ((within one year from the date of the cancellation of the bond. An action upon a cash deposit or other security shall be commenced by serving and filing the complaint within one year from the date of notification to the department of the change in ownership of the establishment or the discontinuation of the fitting and dispensing of hearing instruments by that establishment. Two copies of the complaint shall be served by registered or certified mail, return receipt requested, upon the department at the time the suit is started. The service constitutes service on the surety. The secretary shall transmit one copy of the complaint to the surety within five business days after the copy has been received.
(3) The secretary shall maintain a record, available for public inspection, of all suits commenced under this chapter under surety bonds, or the cash or other security deposited in lieu of the surety bond. In the event that any final judgment impairs the liability of the surety upon a bond so furnished or the amount of the deposit so that there is not in effect a bond undertaking or deposit in the full amount prescribed in this section, the department shall suspend the license or certificate until the bond undertaking or deposit in the required amount, unimpaired by unsatisfied judgment claims, has been furnished.
(4) If a judgment is entered against the deposit or security required under this chapter, the department shall, upon receipt of a certified copy of a final judgment, pay the judgment from the amount of the deposit or security)).
Sec. 4. RCW 18.35.250 and 1998 c 142 s 19 are each amended to read as follows:
(1) In addition to any other legal remedies, an action may be brought in any court of competent jurisdiction upon the bond, cash deposit, or security in lieu of a surety bond required by this chapter, by any person having a claim against a licensee or certificate or interim permit holder, agent, or ((establishment)) employee for any violation of this chapter or any rule adopted under this chapter. The aggregate liability of the surety, cash deposit, or other negotiable security to all claimants shall in no event exceed the sum of the bond. Claims shall be satisfied in the order of judgment rendered.
(2) An action upon the bond, cash deposit, or other negotiable security shall be commenced by serving and filing ((the)) a complaint ((within one year from the date of the cancellation of the bond. An action upon a cash deposit or other security shall be commenced by serving and filing the complaint within one year from the date of notification to the department of the change in ownership of the establishment or the discontinuation of the fitting and dispensing of hearing instruments by that establishment. Two copies of the complaint shall be served by registered or certified mail, return receipt requested, upon the department at the time the suit is started. The service constitutes service on the surety. The secretary shall transmit one copy of the complaint to the surety within five business days after the copy has been received.
(3) The secretary shall maintain a record, available for public inspection, of all suits commenced under this chapter under surety bonds, or the cash or other security deposited in lieu of the surety bond. In the event that any final judgment impairs the liability of the surety upon a bond so furnished or the amount of the deposit so that there is not in effect a bond undertaking or deposit in the full amount prescribed in this section, the department shall suspend the license or certificate until the bond undertaking or deposit in the required amount, unimpaired by unsatisfied judgment claims, has been furnished.
(4) If a judgment is entered against the deposit or security required under this chapter, the department shall, upon receipt of a certified copy of a final judgment, pay the judgment from the amount of the deposit or security)).
Sec. 5. RCW 18.48.020 and 1996 c 81 s 4 are each amended to read as follows:
(1) The secretary shall register adult family home providers and resident managers.
(2) The secretary, by policy or rule, shall define terms and establish forms and procedures for registration applications, including the payment of registration fees pursuant to RCW 43.70.250. An application for an adult family home resident manager or provider registration shall include at least the following information:
(a) Name and address; and
(b) If the provider is a corporation, copies of its articles of incorporation and current bylaws, together with the names and addresses of its officers and directors.
(((3) The secretary shall adopt policies or rules to establish the registration periods, fees, and procedures. If the adult family home is sold or ownership or management is transferred, the registration shall be voided and the provider and resident manager shall apply for a new registration.))
Sec. 6. RCW 18.52.030 and 1992 c 53 s 3 are each amended to read as follows:
Nursing homes operating within this state shall be under the active, overall administrative charge and supervision of an on-site full-time administrator licensed as provided in this chapter. No person acting in any capacity, unless the holder of a nursing home administrator's license issued under this chapter, shall be charged with the overall responsibility to make decisions or direct actions involved in managing the internal operation of a nursing home, except as specifically delegated in writing by the administrator to identify a responsible person to act on the administrator's behalf when the administrator is absent. The administrator shall review the decisions upon the administrator's return and amend the decisions if necessary. The board shall define by rule the parameters for on-site full-time administrators in nursing homes with small resident populations and nursing homes in rural areas, or separately licensed facilities collocated on the same campus((, as well as provide for the administrative requirements for nursing homes that are temporarily without administrators)).
Sec. 7. RCW 18.83.135 and 1999 c 66 s 2 are each amended to read as follows:
In addition to the authority prescribed under RCW 18.130.050, the board shall have the following authority:
(1) To maintain records of all activities, and to publish and distribute to all psychologists at least once each year abstracts of significant activities of the ((committee)) board;
(2) To obtain the written consent of the complaining client or patient or their legal representative, or of any person who may be affected by the complaint, in order to obtain information which otherwise might be confidential or privileged; and
(3) To apply the provisions of the uniform disciplinary act, chapter 18.130 RCW, to all persons licensed as psychologists under this chapter.
Sec. 8. RCW 18.92.013 and 1993 c 78 s 2 are each amended to read as follows:
(1) A veterinarian legally prescribing drugs may delegate to a registered veterinary medication clerk or a registered ((animal)) veterinary technician, while under the veterinarian's direct supervision, certain nondiscretionary functions defined by the board and used in the dispensing of legend and nonlegend drugs (except controlled substances as defined in or under chapter 69.50 RCW) associated with the practice of veterinary medicine. Upon final approval of the packaged prescription following a direct physical inspection of the packaged prescription for proper formulation, packaging, and labeling by the veterinarian, the veterinarian may delegate the delivery of the prescription to a registered veterinary medication clerk or registered ((animal)) veterinary technician, while under the veterinarian's indirect supervision. Dispensing of drugs by veterinarians, registered ((animal)) veterinary technicians, and registered veterinary medication clerks shall meet the applicable requirements of chapters 18.64, 69.40, 69.41, and 69.50 RCW and is subject to inspection by the board of pharmacy investigators.
(2) For the purposes of this section:
(a) "Direct supervision" means the veterinarian is on the premises and is quickly and easily available; and
(b) "Indirect supervision" means the veterinarian is not on the premises but has given written or oral instructions for the delegated task.
Sec. 9. RCW 18.92.015 and 1993 c 78 s 1 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
"((Animal)) Veterinary technician" means a person who has successfully completed an examination administered by the board and who has either successfully completed a post high school course approved by the board in the care and treatment of animals or had five years' practical experience, acceptable to the board, with a licensed veterinarian.
"Board" means the Washington state veterinary board of governors.
"Department" means the department of health.
"Secretary" means the secretary of the department of health.
"Veterinary medication clerk" means a person who has satisfactorily completed a board-approved training program developed in consultation with the board of pharmacy and designed to prepare persons to perform certain nondiscretionary functions defined by the board and used in the dispensing of legend and nonlegend drugs (except controlled substances as defined in or under chapter 69.50 RCW) associated with the practice of veterinary medicine.
Sec. 10. RCW 18.92.030 and 1995 c 198 s 13 are each amended to read as follows:
The board shall develop and administer, or approve, or both, a licensure examination in the subjects determined by the board to be essential to the practice of veterinary medicine, surgery, and dentistry. The board may approve an examination prepared or administered by a private testing agency or association of licensing authorities. The board, under chapter 34.05 RCW, may adopt rules necessary to carry out the purposes of this chapter, including the performance of the duties and responsibilities of ((animal)) veterinary technicians and veterinary medication clerks. The rules shall be adopted in the interest of good veterinary health care delivery to the consuming public and shall not prevent ((animal)) veterinary technicians from inoculating an animal. The board also has the power to adopt by rule standards prescribing requirements for veterinary medical facilities and fixing minimum standards of continuing veterinary medical education.
The department is the official office of record.
Sec. 11. RCW 18.92.060 and 1995 c 317 s 2 are each amended to read as follows:
Nothing in this chapter applies to:
(1) Commissioned veterinarians in the United States military services or veterinarians employed by Washington state and federal agencies while performing official duties;
(2) A person practicing veterinary medicine upon his or her own animal;
(3) A person advising with respect to or performing the castrating and dehorning of cattle, castrating and docking of sheep, castrating of swine, caponizing of poultry, or artificial insemination of animals;
(4)(a) A person who is a regularly enrolled student in a veterinary school or training course approved under RCW 18.92.015 and performing duties or actions assigned by his or her instructors or working under the direct supervision of a licensed veterinarian during a school vacation period or (b) a person performing assigned duties under the supervision of a veterinarian within the established framework of an internship program recognized by the board;
(5) A veterinarian regularly licensed in another state consulting with a licensed veterinarian in this state;
(6) ((An animal)) A veterinary technician or veterinary medication clerk acting under the supervision and control of a licensed veterinarian. The practice of ((an animal)) a veterinary technician or veterinary medication clerk is limited to the performance of services which are authorized by the board;
(7) An owner being assisted in practice by his or her employees when employed in the conduct of the owner's business;
(8) An owner being assisted in practice by some other person gratuitously;
(9) The implanting in their own animals of any electronic device for identifying animals by established humane societies and animal control organizations that provide appropriate training, as determined by the veterinary board of governors, and/or direct or indirect supervision by a licensed veterinarian;
(10) The implanting of any electronic device by a public fish and wildlife agency for the identification of fish or wildlife.
Sec. 12. RCW 18.92.125 and 1993 c 78 s 5 are each amended to read as follows:
No veterinarian who uses the services of ((an animal)) a veterinary technician or veterinary medication clerk shall be considered as aiding and abetting any unlicensed person to practice veterinary medicine. A veterinarian retains professional and personal responsibility for any act which constitutes the practice of veterinary medicine as defined in this chapter when performed by ((an animal)) a veterinary technician or veterinary medication clerk in his or her employ.
Sec. 13. RCW 18.92.140 and 1996 c 191 s 79 are each amended to read as follows:
Each person now qualified to practice veterinary medicine, surgery, and dentistry, registered as ((an animal)) a veterinary technician, or registered as a veterinary medication clerk in this state or who becomes licensed or registered to engage in practice shall comply with administrative procedures, administrative requirements, and fees determined as provided in RCW 43.70.250 and 43.70.280.
Sec. 14. RCW 18.92.145 and 1996 c 191 s 80 are each amended to read as follows:
Administrative procedures, administrative requirements, and fees shall be established as provided in RCW 43.70.250 and 43.70.280 for the issuance, renewal, or administration of the following licenses, certificates of registration, permits, duplicate licenses, renewals, or examination:
(1) For a license to practice veterinary medicine, surgery, and dentistry issued upon an examination given by the examining board;
(2) For a license to practice veterinary medicine, surgery, and dentistry issued upon the basis of a license issued in another state;
(3) For a certificate of registration as ((an animal)) a veterinary technician;
(4) For a certificate of registration as a veterinary medication clerk;
(5) For a temporary permit to practice veterinary medicine, surgery, and dentistry. The temporary permit fee shall be accompanied by the full amount of the examination fee; and
(6) For a license to practice specialized veterinary medicine.
Sec. 15. RCW 18.120.020 and 1997 c 334 s 13 are each amended to read as follows:
The definitions ((contained)) in this section ((shall)) apply throughout this chapter unless the context clearly requires otherwise.
(1) "Applicant group" includes any health professional group or organization, any individual, or any other interested party which proposes that any health professional group not presently regulated be regulated or which proposes to substantially increase the scope of practice of the profession.
(2) "Certificate" and "certification" mean a voluntary process by which a statutory regulatory entity grants recognition to an individual who (a) has met certain prerequisite qualifications specified by that regulatory entity, and (b) may assume or use "certified" in the title or designation to perform prescribed health professional tasks.
(3) "Grandfather clause" means a provision in a regulatory statute applicable to practitioners actively engaged in the regulated health profession prior to the effective date of the regulatory statute which exempts the practitioners from meeting the prerequisite qualifications set forth in the regulatory statute to perform prescribed occupational tasks.
(4) "Health professions" means and includes the following health and health-related licensed or regulated professions and occupations: Podiatric medicine and surgery under chapter 18.22 RCW; chiropractic under chapter 18.25 RCW; dental hygiene under chapter 18.29 RCW; dentistry under chapter 18.32 RCW; denturism under chapter 18.30 RCW; dispensing opticians under chapter 18.34 RCW; hearing instruments under chapter 18.35 RCW; naturopaths under chapter 18.36A RCW; embalming and funeral directing under chapter 18.39 RCW; midwifery under chapter 18.50 RCW; nursing home administration under chapter 18.52 RCW; optometry under chapters 18.53 and 18.54 RCW; ocularists under chapter 18.55 RCW; osteopathic medicine and surgery under chapters 18.57 and 18.57A RCW; pharmacy under chapters 18.64 and 18.64A RCW; medicine under chapters 18.71 and 18.71A RCW; emergency medicine under chapter 18.73 RCW; physical therapy under chapter 18.74 RCW; practical nurses under chapter 18.79 RCW; psychologists under chapter 18.83 RCW; registered nurses under chapter 18.79 RCW; occupational therapists licensed under chapter 18.59 RCW; respiratory care practitioners licensed under chapter 18.89 RCW; veterinarians and ((animal)) veterinary technicians under chapter 18.92 RCW; health care assistants under chapter 18.135 RCW; massage practitioners under chapter 18.108 RCW; acupuncturists licensed under chapter 18.06 RCW; persons registered or certified under chapter 18.19 RCW; dietitians and nutritionists certified by chapter 18.138 RCW; radiologic technicians under chapter 18.84 RCW; and nursing assistants registered or certified under chapter 18.88A RCW.
(5) "Inspection" means the periodic examination of practitioners by a state agency in order to ascertain whether the practitioners' occupation is being carried out in a fashion consistent with the public health, safety, and welfare.
(6) "Legislative committees of reference" means the standing legislative committees designated by the respective rules committees of the senate and house of representatives to consider proposed legislation to regulate health professions not previously regulated.
(7) "License," "licensing," and "licensure" mean permission to engage in a health profession which would otherwise be unlawful in the state in the absence of the permission. A license is granted to those individuals who meet prerequisite qualifications to perform prescribed health professional tasks and for the use of a particular title.
(8) "Professional license" means an individual, nontransferable authorization to carry on a health activity based on qualifications which include: (a) Graduation from an accredited or approved program, and (b) acceptable performance on a qualifying examination or series of examinations.
(9) "Practitioner" means an individual who (a) has achieved knowledge and skill by practice, and (b) is actively engaged in a specified health profession.
(10) "Public member" means an individual who is not, and never was, a member of the health profession being regulated or the spouse of a member, or an individual who does not have and never has had a material financial interest in either the rendering of the health professional service being regulated or an activity directly related to the profession being regulated.
(11) "Registration" means the formal notification which, prior to rendering services, a practitioner shall submit to a state agency setting forth the name and address of the practitioner; the location, nature and operation of the health activity to be practiced; and, if required by the regulatory entity, a description of the service to be provided.
(12) "Regulatory entity" means any board, commission, agency, division, or other unit or subunit of state government which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state.
(13) "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. 16. RCW 18.73.030 and 1990 c 269 s 23 are each amended to read as follows:
Unless a different meaning is plainly required by the context, the following words and phrases as used in this chapter shall have the meanings indicated.
(1) "Secretary" means the secretary of the department of health.
(2) "Department" means the department of health.
(3) "Committee" means the emergency medical services licensing and certification advisory committee.
(4) "Ambulance" means a ground or air vehicle designed and used to transport the ill and injured and to provide personnel, facilities, and equipment to treat patients before and during transportation.
(5) "Aid vehicle" means a vehicle used to carry aid equipment and individuals trained in first aid or emergency medical procedure.
(6) "Emergency medical technician" means a person who is authorized by the secretary to render emergency medical care pursuant to RCW 18.73.081.
(7) (("Ambulance operator" means a person who owns one or more ambulances and operates them as a private business.
(8) "Ambulance director" means a person who is a director of a service which operates one or more ambulances provided by a volunteer organization or governmental agency.
(9) "Aid vehicle operator" means a person who owns one or more aid vehicles and operates them as a private business.
(10) "Aid director" means a person who is a director of a service which operates one or more aid vehicles provided by a volunteer organization or governmental agency.
(11))) "Ambulance service" means an organization that operates one or more ambulances.
(8) "Aid service" means an organization that operates one or more aid vehicles.
(9) "Emergency medical service" means medical treatment and care which may be rendered at the scene of any medical emergency or while transporting any patient in an ambulance to an appropriate medical facility, including ambulance transportation between medical facilities.
(((12))) (10) "Communications system" means a radio and landline network which provides rapid public access, coordinated central dispatching of services, and coordination of personnel, equipment, and facilities in an emergency medical services and trauma care system.
(((13))) (11) "Prehospital patient care protocols" means the written procedure adopted by the emergency medical services medical program director which direct the out-of-hospital emergency care of the emergency patient which includes the trauma care patient. These procedures shall be based upon the assessment of the patient's medical needs and what treatment will be provided for emergency conditions. The protocols shall meet or exceed state-wide minimum standards developed by the department in rule as authorized in chapter 70.168 RCW.
(((14))) (12) "Patient care procedures" means written operating guidelines adopted by the regional emergency medical services and trauma care council, in consultation with the local emergency medical services and trauma care councils, emergency communication centers, and the emergency medical services medical program director, in accordance with state-wide minimum standards. The patient care procedures shall identify the level of medical care personnel to be dispatched to an emergency scene, procedures for triage of patients, the level of trauma care facility to first receive the patient, and the name and location of other trauma care facilities to receive the patient should an interfacility transfer be necessary. Procedures on interfacility transfer of patients shall be consistent with the transfer procedures in chapter 70.170 RCW.
(((15))) (13) "Emergency medical services medical program director" means a person who is an approved medical program director as defined by RCW 18.71.205(4).
(((16))) (14) "Council" means the local or regional emergency medical services and trauma care council as authorized under chapter 70.168 RCW.
(((17))) (15) "Basic life support" means noninvasive emergency medical services requiring basic medical treatment skills as defined in chapter 18.73 RCW.
(((18))) (16) "Advanced life support" means invasive emergency medical services requiring advanced medical treatment skills as defined by chapter 18.71 RCW.
(((19))) (17) "First responder" means a person who is authorized by the secretary to render emergency medical care as defined by RCW 18.73.081.
Sec. 17. RCW 18.73.101 and 1987 c 214 s 9 are each amended to read as follows:
The secretary may grant a variance from a provision of this chapter and RCW 18.71.200 through 18.71.220 if no detriment to health and safety would result from the variance and compliance is expected to cause reduction or loss of existing emergency medical services. Variances may be granted for a period of no more than one year. A variance may be renewed by the secretary upon approval of the committee.
Sec. 18. RCW 18.73.130 and 1992 c 128 s 2 are each amended to read as follows:
An ambulance ((operator, ambulance director, aid vehicle operator or aid director)) service or aid service may not operate ((a service)) in the state of Washington without holding a license for such operation, issued by the secretary when such operation is consistent with the state-wide and regional emergency medical services and trauma care plans established pursuant to chapter 70.168 RCW, indicating the general area to be served and the number of vehicles to be used, with the following exceptions:
(1) The United States government;
(2) Ambulance ((operators and ambulance directors)) services providing service in other states when bringing patients into this state;
(3) Owners of businesses in which ambulance or aid vehicles are used exclusively on company property but occasionally in emergencies may transport patients to hospitals not on company property; and
(4) Operators of vehicles pressed into service for transportation of patients in emergencies when licensed ambulances are not available or cannot meet overwhelming demand.
The license shall be valid for a period of two years and shall be renewed on request provided the holder has consistently complied with the regulations of the department and the department of licensing and provided also that the needs of the area served have been met satisfactorily. The license shall not be transferable and may be revoked if the service is found in violation of rules adopted by the department.
Sec. 19. RCW 18.73.140 and 1992 c 128 s 3 are each amended to read as follows:
The secretary shall issue an ambulance or aid vehicle license for each vehicle so designated. The license shall be for a period of two years and may be reissued on expiration if the vehicle and its equipment meet requirements in force at the time of expiration of the license period. The license may be revoked if the ambulance or aid vehicle is found to be operating in violation of the regulations promulgated by the department or without required equipment. The license shall be terminated automatically if the vehicle is sold or transferred to the control of ((anyone)) any organization not currently licensed as an ambulance or aid vehicle ((operator or director)) service. The license number shall be prominently displayed on each vehicle.
Sec. 20. RCW 70.168.020 and 1990 c 269 s 5 are each amended to read as follows:
(1) There is hereby created an emergency medical services and trauma care steering committee composed of representatives of individuals knowledgeable in emergency medical services and trauma care, including emergency medical providers such as physicians, nurses, hospital personnel, emergency medical technicians, paramedics, ambulance ((operators)) services, a member of the emergency medical services licensing and certification advisory committee, local government officials, state officials, consumers, and persons affiliated professionally with health science schools. The governor shall appoint members of the steering committee. Members shall be appointed for a period of three years. The department shall provide administrative support to the committee. All appointive members of the committee, in the performance of their duties, may be entitled to receive travel expenses as provided in RCW 43.03.050 and 43.03.060. The governor may remove members from the committee who have three unexcused absences from committee meetings. The governor shall fill any vacancies of the committee in a timely manner. The terms of those members representing the same field shall not expire at the same time.
The committee shall elect a chair and a vice-chair whose terms of office shall be for one year each. The chair shall be ineligible for reelection after serving four consecutive terms.
The committee shall meet on call by the governor, the secretary, or the chair.
(2) The emergency medical services and trauma care steering committee shall:
(a) Advise the department regarding emergency medical services and trauma care needs throughout the state.
(b) Review the regional emergency medical services and trauma care plans and recommend changes to the department before the department adopts the plans.
(c) Review proposed departmental rules for emergency medical services and trauma care.
(d) Recommend modifications in rules regarding emergency medical services and trauma care.
Sec. 21. RCW 71.12.455 and 1977 ex.s. c 80 s 43 are each amended to read as follows:
As used in this chapter, "establishment" and "institution" mean and include every private hospital, sanitarium, home, or other place receiving or caring for any mentally ill, ((or)) mentally incompetent person, or ((alcoholic)) chemically dependent person.
Sec. 22. RCW 71.12.460 and 1989 1st ex.s. c 9 s 226 are each amended to read as follows:
No person, association, or corporation, shall establish or keep, for compensation or hire, an establishment as defined in this chapter without first having obtained a license therefor from the department of health, complied with rules adopted under this chapter, and ((having)) paid the license fee provided in this chapter. Any person who carries on, conducts, or attempts to carry on or conduct an establishment as defined in this chapter without first having obtained a license from the department of health, as in this chapter provided, is guilty of a misdemeanor and on conviction thereof shall be punished by imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment. The managing and executive officers of any corporation violating the provisions of this chapter shall be liable under the provisions of this chapter in the same manner and to the same effect as a private individual violating the same.
Sec. 23. RCW 71.12.470 and 1987 c 75 s 19 are each amended to read as follows:
Every application for a license shall be accompanied by a plan of the premises proposed to be occupied, describing the capacities of the buildings for the uses intended, the extent and location of grounds appurtenant thereto, and the number of patients proposed to be received therein, with such other information, and in such form, as the department of health requires. The application shall be accompanied by the proper license fee. The amount of the license fee shall be established by the department of health under RCW ((43.20B.110)) 43.70.110.
Sec. 24. RCW 71.12.480 and 1989 1st ex.s. c 9 s 227 are each amended to read as follows:
The department of health shall not grant any such license until it has made an examination of all phases of the operation of the establishment necessary to determine compliance with rules adopted under this chapter including the premises proposed to be licensed and is satisfied that ((they)) the premises are substantially as described, and are otherwise fit and suitable for the purposes for which they are designed to be used, and that such license should be granted.
Sec. 25. RCW 71.12.500 and 1989 1st ex.s. c 9 s 230 and 1989 c 175 s 137 are each reenacted and amended to read as follows:
The department of health may at any time examine and ascertain how far a licensed establishment is conducted in compliance with this chapter, the rules adopted under this chapter, and the requirements of the license therefor. If the interests of the patients of the establishment so demand, the department may, for just and reasonable cause, suspend, modify, or revoke any such license. RCW ((43.20A.205)) 43.70.115 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding.
Sec. 26. RCW 71.12.510 and 1959 c 25 s 71.12.510 are each amended to read as follows:
The department of health may at any time cause any establishment as defined in this chapter to be visited and examined.
Sec. 27. RCW 71.12.520 and 1989 1st ex.s. c 9 s 231 are each amended to read as follows:
Each such visit may include an inspection of every part of each establishment. The representatives of the department of health may make an examination of all records, methods of administration, the general and special dietary, the stores and methods of supply, and may cause an examination and diagnosis to be made of any person confined therein. The representatives of the department of health may examine to determine their fitness for their duties the officers, attendants, and other employees, and may talk with any of the patients apart from the officers and attendants.
NEW SECTION. Sec. 28. A new section is added to chapter 71.12 RCW to read as follows:
The department of health shall adopt rules for the licensing, operation, and inspections of establishments and institutions and the enforcement thereof.
Sec. 29. RCW 18.46.005 and 1951 c 168 s 1 are each amended to read as follows:
The purpose of this chapter is to provide for the development, establishment, and enforcement of standards for the maintenance and operation of ((maternity homes)) birthing centers, which, in the light of advancing knowledge, will promote safe and adequate care and treatment of the individuals therein.
Sec. 30. RCW 18.46.010 and 1991 c 3 s 100 are each amended to read as follows:
(1) (("Maternity home")) "Birthing center" or "childbirth center" means any ((home, place, hospital or institution in which facilities are maintained for the care of four or more women, not related by blood or marriage to the operator, during pregnancy or during or within ten days after delivery)) health facility, not part of a hospital or in a hospital, that provides facilities and staff to support a birth service to low-risk maternity clients: PROVIDED, HOWEVER, That this chapter shall not apply to any hospital approved by the American College of Surgeons, American Osteopathic Association, or its successor.
(2) (("Person" means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof.
(3))) "Department" means the state department of health.
(3) "Low-risk" means normal, uncomplicated prenatal course as determined by adequate prenatal care and prospects for a normal uncomplicated birth as defined by reasonable and generally accepted criteria of maternal and fetal health.
(4) "Person" means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof.
Sec. 31. RCW 18.46.020 and 1951 c 168 s 3 are each amended to read as follows:
After July 1, 1951, no person shall operate a ((maternity home)) birthing center in this state without a license under this chapter.
Sec. 32. RCW 18.46.040 and 1987 c 75 s 5 are each amended to read as follows:
Upon receipt of an application for a license and the license fee, the licensing agency shall issue a license if the applicant and the ((maternity home facilities)) birthing center meet the requirements established under this chapter. A license, unless suspended or revoked, shall be renewable annually. Applications for renewal shall be on forms provided by the department and shall be filed in the department not less than ten days prior to its expiration. Each application for renewal shall be accompanied by a license fee as established by the department under RCW 43.20B.110. Each license shall be issued only for the premises and persons named in the application and shall not be transferable or assignable except with the written approval of the department. Licenses shall be posted in a conspicuous place on the licensed premises.
Sec. 33. RCW 18.46.060 and 1985 c 213 s 10 are each amended to read as follows:
The department, after consultation with representatives of ((maternity home)) birthing center operators, state medical association, Washington Osteopathic Association, state nurses association, state hospital association, state midwives association, and any other representatives as the department may deem necessary, shall adopt, amend, and promulgate such rules and regulations with respect to all ((maternity homes)) birthing centers in the promotion of safe and adequate medical and nursing care ((of inmates)) in the ((maternity home)) birthing center and the sanitary, hygienic, and safe condition of the ((maternity home)) birthing center in the interest of the health, safety, and welfare of the people.
Sec. 34. RCW 18.46.070 and 1951 c 168 s 8 are each amended to read as follows:
Any ((maternity home)) birthing center which is in operation at the time of promulgation of any applicable rules or regulations under this chapter shall be given a reasonable time, under the particular circumstances, not to exceed three months from the date of such promulgation, to comply with the rules and regulations established under this chapter.
Sec. 35. RCW 18.46.080 and 1951 c 168 s 9 are each amended to read as follows:
The department shall make or cause to be made an inspection and investigation of all ((maternity homes)) birthing centers, and every inspection may include an inspection of every part of the premises. The department may make an examination of all records, methods of administration, the general and special dietary and the stores and methods of supply. The ((board)) department may prescribe by regulation that any licensee or applicant desiring to make specified types of alteration or addition to its facilities or to construct new facilities shall before commencing such alterations, addition, or new construction submit plans and specifications therefor to the department for preliminary inspection and approval or recommendations with respect to compliance with regulations and standards herein authorized. Necessary conferences and consultations may be provided.
Sec. 36. RCW 18.46.090 and 1951 c 168 s 10 are each amended to read as follows:
All information received by the department through filed reports, inspection, or as otherwise authorized under this chapter shall not be disclosed publicly in any manner as to identify individuals or ((maternity homes)) birthing centers except in a proceeding involving the question of licensure.
Sec. 37. RCW 18.46.110 and 1995 c 369 s 5 are each amended to read as follows:
Fire protection with respect to all ((maternity homes)) birthing centers 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 by reference, such recognized standards as may be applicable to nursing homes, places of refuge, and ((maternity homes)) birthing centers 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 ((maternity home)) birthing center to be licensed, and if it is found that the premises do not comply with the required safety standards and fire regulations as promulgated 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 department as to the manner in which the premises may qualify for a license and set forth the conditions to be remedied with respect to fire regulations. The 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 ((maternity home)) birthing center 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, a written report approving same with respect to fire protection before a license can be issued. The chief of the Washington state patrol, through the director of fire protection, shall make or cause to be made such inspection of such ((maternity homes)) birthing centers as he or she deems necessary.
In cities which have in force a comprehensive building code, the regulation of which is equal to the minimum standards of the code for ((maternity homes)) birthing centers adopted by the chief of the Washington state patrol, through the director of fire protection, the building inspector and the chief of the fire department, provided the latter is a paid chief of a paid fire department, shall make the inspection and shall approve the premises before a license can be issued.
In cities where such building codes are in force, the chief of the Washington state patrol, through the director of fire protection, may, upon request by the chief fire official, or the local governing body, or of a taxpayer of such city, assist in the enforcement of any such code pertaining to ((maternity homes)) birthing centers.
Sec. 38. RCW 18.46.120 and 1951 c 168 s 13 are each amended to read as follows:
Any person operating or maintaining any ((maternity home)) birthing center without a license under this chapter shall be guilty of a misdemeanor. Each day of a continuing violation after conviction shall be considered a separate offense.
Sec. 39. RCW 18.46.130 and 1951 c 168 s 14 are each amended to read as follows:
Notwithstanding the existence or use of any other remedy, the department may in the manner provided by law, upon the advice of the attorney general who shall represent the department in all proceedings, maintain an action in the name of the state for an injunction or other process against any person to restrain or prevent the operation or maintenance of a ((maternity home)) birthing center not licensed under this chapter.
Sec. 40. RCW 18.46.140 and 1951 c 168 s 15 are each amended to read as follows:
Nothing in this chapter or the rules and regulations adopted pursuant thereto shall be construed as authorizing the supervision, regulation, or control of the remedial and nursing care of ((residents or)) patients in any ((maternity home)) birthing center as defined in this chapter, conducted for or by members of a recognized religious sect, denomination, or organization which in accordance with its creed, tenets, or principles depends for healing upon prayer in the practice of religion, nor shall the existence of any of the above conditions militate against the licensing of such ((home or institution)) facility.
Sec. 41. RCW 18.57A.070 and 1977 ex.s. c 233 s 1 are each amended to read as follows:
(((1) The performance of acupuncture for the purpose of demonstration, therapy, or the induction of analgesia by a person licensed under this chapter shall be within the scope of practice authorized: PROVIDED, HOWEVER, That a person licensed to perform acupuncture under this section shall only do so under the direct supervision of a licensed osteopathic physician.
(2) The board shall determine the qualifications of a person authorized to perform acupuncture under subsection (1) of this section. In establishing a procedure for certification of such practitioners the board shall consider a license or certificate which acknowledges that the person has the qualifications to practice acupuncture issued by the government of the Republic of China (Taiwan), the Peoples' Republic of China, British Crown Colony of Hong Kong, Korea, Great Britain, France, the Federated Republic of Germany (West Germany), Italy, Japan, or any other country or state which has generally equivalent standards of practices of acupuncture as determined by the board as evidence of such qualification.
(3) As used in this section "acupuncture" means the insertion of needles into the human body by piercing the skin of the body for the purpose of relieving pain, treating disease, or to produce analgesia, or as further defined by rules and regulations of the board.)) Any physician assistant acupuncturist currently licensed as a physician assistant may continue to perform acupuncture under the physician assistant license as long as he or she maintains licensure as a physician assistant.
Sec. 42. RCW 18.84.020 and 1994 sp.s. c 9 s 505 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of health.
(2) "Secretary" means the secretary of health.
(3) "Licensed practitioner" means any licensed health care practitioner performing services within the person's authorized scope of practice.
(4) "Radiologic technologist" means an individual certified under this chapter, other than a licensed practitioner, who practices radiologic technology as a:
(a) Diagnostic radiologic technologist, who is a person who actually handles x-ray equipment in the process of applying radiation on a human being for diagnostic purposes at the direction of a licensed practitioner, this includes parenteral procedures related to radiologic technology when performed under the direct supervision of a physician licensed under chapter 18.71 or 18.57 RCW; or
(b) Therapeutic radiologic technologist, who is a person who uses radiation-generating equipment for therapeutic purposes on human subjects at the direction of a licensed practitioner, this includes parenteral procedures related to radiologic technology when performed under the direct supervision of a physician licensed under chapter 18.71 or 18.57 RCW; or
(c) Nuclear medicine technologist, who is a person who prepares radiopharmaceuticals and administers them to human beings for diagnostic and therapeutic purposes and who performs in vivo and in vitro detection and measurement of radioactivity for medical purposes at the direction of a licensed practitioner.
(5) "Approved school of radiologic technology" means a school of radiologic technology approved by the council on medical education of the American medical association or a school found to maintain the equivalent of such a course of study as determined by the department. Such school may be operated by a medical or educational institution, and for the purpose of providing the requisite clinical experience, shall be affiliated with one or more general hospitals.
(6) "Radiologic technology" means the use of ionizing radiation upon a human being for diagnostic or therapeutic purposes.
(7) "Radiologist" means a physician certified by the American board of radiology or the American osteopathic board of radiology.
(8) "Registered x-ray technician" means a person who is registered with the department, and who applies ionizing radiation at the direction of a licensed practitioner and who does not perform parenteral procedures.
NEW SECTION. Sec. 43. The following acts or parts of acts are each repealed:
(1) RCW 18.48.040 (Multiple facility operators--Registration) and 1996 c 81 s 3;
(2) RCW 18.83.910 (Examining board--Termination) and 1994 c 35 s 6, 1990 c 297 s 7, 1988 c 288 s 8, 1986 c 27 s 11, 1985 c 7 s 109, & 1984 c 279 s 94; and
(3) RCW 18.83.911 (Examining board--Repeal) and 1994 c 35 s 7 & 1990 c 297 s 8.
NEW SECTION. Sec. 44. Sections 1 and 3 of this act expire January 1, 2003.
NEW SECTION. Sec. 45. Sections 2 and 4 of this act take effect January 1, 2003."
MOTION
On motion of Senator Thibaudeau, the following amendment by Senators Thibaudeau, Deccio and Wojahn to the Committee on Health and Long-Term Care striking amendment was adopted:
On page 26, after line 38 of the amendment, insert the following:
"Sec. 43. RCW 18.89.140 and 1997 c 334 s 11 are each amended to read as follows:
Licenses shall be renewed according to administrative procedures, administrative requirements, continuing education requirements, and fees determined by the secretary under RCW 43.70.250 and 43.70.280. A minimum of thirty hours of continuing education approved by the secretary must be completed every two years to meet the continuing education requirements under this section.
"Renumber the remaining sections consecutively and correct any internal references accordingly.
The President declared the question before the Senate to be the adoption of the Committee on Health and Long-Term Care striking amendment, as amended, to House Bill No. 2452.
The motion by Senator Thibaudeau carried and the committee striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Thibaudeau, the following title amendments were considered simultaneously and were adopted:
On page 1, line 3 of the title, after "facilities;" strike the remainder of the title and insert "amending RCW 18.35.240, 18.35.240, 18.35.250, 18.35.250, 18.48.020, 18.52.030, 18.83.135, 18.92.013, 18.92.015, 18.92.030, 18.92.060, 18.92.125, 18.92.140, 18.92.145, 18.120.020, 18.73.030, 18.73.101, 18.73.130, 18.73.140, 70.168.020, 71.12.455, 71.12.460, 71.12.470, 71.12.480, 71.12.510, 71.12.520, 18.46.005, 18.46.010, 18.46.020, 18.46.040, 18.46.060, 18.46.070, 18.46.080, 18.46.090, 18.46.110, 18.46.120, 18.46.130, 18.46.140, 18.57A.070, and 18.84.020; reenacting and amending RCW 71.12.500; adding a new section to chapter 71.12 RCW; repealing RCW 18.48.040, 18.83.910, and 18.83.911; providing an effective date; and providing an expiration date."
On page 27, line 25 of the title amendment, after "18.57A.070," strike "and 18.84.020" and insert "18.84.020, and 18.89.140"
On motion of Senator Thibaudeau, the rules were suspended, House Bill No. 2452, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2452, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2452, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.
Excused: Senators Bauer, Finkbeiner, Sellar and Swecker - 4.
HOUSE BILL NO. 2452, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED HOUSE BILL NO. 2334, by Representatives Gombosky, DeBolt and Poulsen
Modifying electric utility net-metering systems.
The bill was read the second time.
MOTION
On motion of Senator Brown, the rules were suspended, Engrossed House Bill No. 2334 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2334.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 2334 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.
Excused: Senators Bauer, Finkbeiner, Sellar and Swecker - 4.
ENGROSSED HOUSE BILL NO. 2334, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Eide, Senator Prentice was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2338, by House Committee on Natural Resources (originally sponsored by Representatives Alexander, Regala, Haigh, Ruderman and Parlette (by request of Parks and Recreation Commission)
Allowing the parks and recreation commission to dispose of certain real property without an auction.
The bill was read the second time.
MOTION
On motion of Senator Jacobsen, the following Committee on Natural Resources, Parks and Recreation striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 79A.05 RCW to read as follows:
(1) Notwithstanding any other provision of this chapter, the commission may directly dispose of up to ten contiguous acres of real property, without public auction, to resolve trespass, property ownership disputes, and boundary adjustments with adjacent private property owners. Real property to be disposed of under this section may be disposed of only after appraisal and for at least fair market value, and only if the transaction is in the best interest of the state. The commission shall cooperate with potential purchasers to arrive at a mutually agreeable sales price. If necessary, determination of fair market value may include the use of separate independent appraisals by each party and the review of the appraisals, as agreed upon by the parties. All conveyance documents shall be executed by the governor. All proceeds from the disposal of the property shall be paid into the park land acquisition account. No disposal of real property may be made without the unanimous consent of the commission.
(2) Prior to the disposal of any real property under subsection (1) of this section, the commission shall hold a public hearing on the proposal in the county where the real property, or the greatest portion of the real property, is located. At least ten days, but not more than twenty-five days, prior to the hearing, the commission shall publish a paid public notice of reasonable size in display advertising form, setting forth the date, time, and place of the hearing, at least once in one or more daily newspapers of general circulation in the county and at least once in one or more weekly newspapers circulated in the area where the real property is located. A news release concerning the public hearing must be disseminated among print and electronic media in the area where the real property is located. The public notice and news release shall also identify the real property involved in the proposed disposal and describe the purpose of the proposed disposal. A summary of the testimony presented at the public hearing shall be prepared for the commission's consideration when reviewing the proposed disposal of real property.
(3) If there is a failure to substantially comply with the procedures set out under this section, then the agreement to dispose of the real property is subject to being declared invalid by a court of competent jurisdiction. Such a suit must be brought within one year of the date of the real property disposal agreement."
MOTIONS
On motion of Senator Jacobsen, the following title amendment was adopted:
On page 1, line 1 of the title, after "property;" strike the remainder of the title and insert "and adding a new section to chapter 79A.05 RCW."
On motion of Senator Jacobsen, the rules were suspended, Substitute House Bill No. 2338, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2338, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2338, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.
Voting yea: Senators Benton, Brown, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley, Wojahn and Zarelli - 43.
Absent: Senator Costa - 1.
Excused: Senators Bauer, Finkbeiner, Prentice, Sellar and Swecker - 5.
SUBSTITUTE HOUSE BILL NO. 2338, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Betti Sheldon, Substitute House Bill No. 2513 and House Bill No. 2456, which were on the second reading calendar, were referred to the Committee on Rules.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the fourth order of business.
MESSAGE FROM THE HOUSE
February 29, 2000
MR. PRESIDENT:
The House has passed:
SUBSTITUTE SENATE BILL NO. 5366,
SUBSTITUTE SENATE BILL NO. 5932,
SENATE BILL NO. 6237,
SENATE BILL NO. 6275,
SUBSTITUTE SENATE BILL NO. 6349,
SENATE BILL NO. 6366,
SENATE BILL NO. 6378,
SENATE BILL NO. 6429,
SENATE BILL NO. 6622,
SENATE BILL NO. 6642,
SUBSTITUTE SENATE BILL NO. 6643,
SENATE BILL NO. 6667,
SENATE BILL NO. 6678,
SUBSTITUTE SENATE BILL NO. 6687,
SENATE BILL NO. 6741,
SUBSTITUTE SENATE JOINT MEMORIAL NO. 8017,
SENATE JOINT MEMORIAL NO. 8019,
SUBSTITUTE SENATE JOINT MEMORIAL NO. 8026, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE SENATE BILL NO. 5366,
SUBSTITUTE SENATE BILL NO. 5932,
SENATE BILL NO. 6237,
SENATE BILL NO. 6275,
SUBSTITUTE SENATE BILL NO. 6349,
SENATE BILL NO. 6366,
SENATE BILL NO. 6378,
SENATE BILL NO. 6429,
SENATE BILL NO. 6622,
SENATE BILL NO. 6642,
SUBSTITUTE SENATE BILL NO. 6643,
SENATE BILL NO. 6667,
SENATE BILL NO. 6678,
SUBSTITUTE SENATE BILL NO. 6687,
SENATE BILL NO. 6741,
SUBSTITUTE SENATE JOINT MEMORIAL NO. 8017,
SENATE JOINT MEMORIAL NO. 8019,
SUBSTITUTE SENATE JOINT MEMORIAL NO. 8026.
MOTION
At 4:53 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 9:00 a.m., Thursday, March 2, 2000.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate