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FIFTY-SEVENTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Monday, March 6, 2000

      The Senate was called to order at 10:30 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Hale, Hargrove and Sellar. On motion of Senator Honeyford, Senators Hale and Sellar were excused. On motion of Senator Eide, Senator Hargrove was excused.

      The Sergeant at Arms Color Guard consisting of Pages Hilary Cutler and Nathan DeNardo, presented the Colors. Reverend Jack Olive, pastor of the Mercer Island United Methodist Church, and a guest of Senator Jim Horn, 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 OF SPECIAL GUEST


      The President welcomed and introduced the Honorable Chung, Hee Kyung, a member of the National Assembly of the Republic of Korea, and a guest of Senator Paull Shin, who was seated on the rostrum.

      With permission of the Senate business was suspended to permit Chung, Hee Kyung to address the Senate.



MOTION


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


SENATE RESOLUTION 2000-8740


By Senators Fraser, West, Kohl-Welles, Rasmussen and Spanel


      WHEREAS, March has been designated “Women’s History Month” and is, therefore, a time to commemorate and honor the many contributions that women from all walks of American society have made to enrich our national character and enhance our cultural prosperity; and

      WHEREAS, For more than eighty years, Girl Scouts of the U.S.A. has empowered young women from all segments of American life by promoting the self-reliance and resourcefulness that creates indispensable women leaders for our nation’s communities; and

      WHEREAS, The World Association of Girl Guides and Girl Scouts has spread this empowering vision of unity throughout the world by sharing the common goals of confident independence and united collaboration with over 3.5 million young women representing more than 80 different nations; and

      WHEREAS, Juliette Gordon Low established herself as a leader in the continuing struggle for women’s equality by establishing the Girl Scouts in 1912 with the vision of an organization that would bring young women out of their “cloistered home environments and experience the open air;” and

      WHEREAS, This contribution to American history has been a fundamental influence in the lives of a profound diversity of former Girl Scouts who have gone on to become great American leaders including United States Senator Patty Murray, Olympic gold medalist Jackie Joyner-Kersee, astronaut Dr. Sally Ride, women’s rights activist Gloria Steinem, and others who continue to bestow their contributions in the areas of art, science, business, law, and culture; and

      WHEREAS, Throughout its history, Girl Scouts has balanced the traditional values that it was founded upon with programs supporting the development of young women leaders as they seek solutions to challenging contemporary problems such as child abuse, youth suicide, and illiteracy; and

      WHEREAS, Former Girl Scouts, both renowned and anonymous, have contributed to the strength and character of the United States and the world by unselfishly providing assistance in times of local crisis and national emergency; and

      WHEREAS, more than 32,000 young women and 12,000 adults are involved in outstanding leadership activities through Washington’s five regional councils of the Girl Scouts: the Totem Council, Mid-Columbia Council, Inland Empire Council, Pacific Peaks Council, and Columbia River Council; and

      WHEREAS, The Girl Scout Law reads, “I will do my best to be honest and fair, friendly and helpful, considerate and caring, courageous and strong, and responsible for what I say and do, and to respect myself and others, respect authority, use resources wisely, make the world a better place, and be a sister to every Girl Scout;”

      NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate do hereby recognize the diligent efforts and esteemed accomplishments of the five Washington councils of the Girl Scouts of the U.S.A., and honor the many positive programs that the Girl Scouts of the U.S.A. has provided for young Washington women; and

      BE IT FURTHER RESOLVED, That the Washington State Senate recognize the services and benefits that are provided by the Girl Scouts of the U.S.A. and support the efforts of youth organizations that are working for the betterment of our communities; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Honorable Gary Locke, Governor of the state of Washington; the Governor’s cabinet officers; all statewide elected officials; the Girl Scouts of the U.S.A. national headquarters; and, all five Girl Scouts of the U.S.A. regional councils in Washington.




INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced members of the Brownie Girl Scout Troops from Olympia, who were seated in the gallery.


MOTION


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


SENATE RESOLUTION 2000-8741

By Senators Snyder, Jacobsen, Johnson


      WHEREAS, Many of the greatest moments in human history are marked by perseverance in the face of daunting adversity, the display of boundless courage and unity in the quest for a common goal, the domination of sheer will and strength of character, and the triumph of the meek over the mighty; and

      WHEREAS, The glory of sport has long embodied this spirit of achievement, and the outstanding athletic performance of ordinary individuals in extraordinary circumstances has long captivated the hearts and minds of the American people; and

      WHEREAS, In 1936 all schools participated, regardless of size, in a single division Washington State Championship Basketball Tournament, and

      WHEREAS, Among the teams invited to participate in the 1936 Washington State Championship Basketball Tournament was Willapa Valley High, a small school from Menlo, Washington, with a total enrollment of ninety-six students and only thirty-six boys; and

      WHEREAS, In the first game of the tournament, Valley faced the unbeaten squad from the much larger school, Lewis and Clark, and handed them a 43-39 defeat; and

      WHEREAS, On the second day of the tournament, Valley High upset the powerful team from Walla Walla by a score of 34-33, creating much excitement and causing observers to frantically ask the question “Where is Valley?”; and

      WHEREAS, Following a 32-31 victory over Everett, the boys from Menlo had systematically defeated the three largest schools in the tournament, who had also been the pre-tournament favorites to win the championship; and

      WHEREAS, In the final championship game, Valley battled Hoquiam on even terms until a last second basket tied the score at 26, forcing a gut-wrenching overtime period; and

      WHEREAS, In the final three minutes of overtime, Valley scored six points to Hoquiam’s two, thus winning the 1936 State Championship in what is considered by many to be the most thrilling tournament championship game of all time;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate remember this monumental event and recognize the members of the team—Bob Tisdale (1st team All-State), Russell Eyer, Bud Alexander (2nd team All-State), Ray Kraus, John Rosentangle, Carl Wiseman, Don Evavold, Al Belmont, Joe Drazil, Stanley Domin, coaches T. Armand Brim and Ed Tenoski, and manager Eddie Brigham—and honor their contribution to the annals of sports history in Washington State.


      Senators Snyder, Jacobsen, Johnson, Tim Sheldon and McAuliffe spoke to Senate Resolution 2000-8741.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced members of the 1936 Valley High School Basketball Team and their guests, who were seated in the gallery.


MOTION


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


SENATE RESOLUTION 2000-8753


      WHEREAS, It is important to recognize and honor citizens who have committed their lives to educating the children of our state; and

      WHEREAS, Steve Campbell was a husband, father, teacher, community volunteer, Vietnam veteran, and hero to many; and

      WHEREAS, Steve Campbell, a teacher at Cathcart Elementary School in Snohomish, died unexpectedly, leaving behind many grieving students, fellow teachers, family members and friends; and

      WHEREAS, Steve Campbell served in the United States Army as a part of the 213th Assault Helicopter Company and received the Purple Heart while on duty in Vietnam; and

      WHEREAS, Steve Campbell overcame adversity and became a teacher to help at-risk young people by making learning fun and meaningful and the classroom a place where they would want to be; and

      WHEREAS, he gave his very best as a third and fourth grade teacher and he expected his students to give their very best in return; and

      WHEREAS, his exemplary, positive, and creative style motivated many reluctant learners; and

      WHEREAS, the first students he taught in Snohomish will graduate in June, 2000, and he will be remembered by many as their favorite teacher; and

      WHEREAS, the love for his own family was demonstrated in each of the personal stories he would tell about them to his coworkers and students; and

      WHEREAS, Steve Campbell was also dedicated to helping other families in his community by donating countless hours to collecting food and coordinating gifts for entire families and then personally delivering boxes of food and presents to those in need; and

      WHEREAS, the community food and gift drive is now called “The Steve Campbell Food and Gift Drive,” so that his work can continue; and

      WHEREAS, Steve Campbell’s endless energy and sense of humor was observed throughout his life.

      NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate do hereby recognize and honor Steve Campbell, a teacher, for his devotion to his family, his school, his students, and his community; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Steve Campbell’s wife, Lyla Campbell, and their children Max, Kyle, and Nira, and to Cathcart Elementary School.


      Senators McAuliffe and Long spoke to Senate Resolution 2000-8753.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced members of the Campbell family, the Superintendent of the Snohomish Schools and co-workers from Cathcart Elementary School, who were seated in the gallery.


MOTION


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


SENATE RESOLUTION 2000-8728

By Senators Bauer and Rasmussen


      WHEREAS, Fort Vancouver was established by the Hudson's Bay Company on March 19, 1825, becoming the first permanent nonnative settlement in what is today the state of Washington; and

      WHEREAS, In the fields, forests, and rivers at Fort Vancouver, the Hudson's Bay Company began many of the Pacific Northwest's first industries: Agriculture, lumber, and fisheries; and

      WHEREAS, Fort Vancouver was home to an incredibly diverse group of people from around the world including English, Chinook, Scottish, Klickitat, Iroquois, French-Canadian, Hawaiian, and Metis; and

      WHEREAS, Fort Vancouver, despite being a British Fort, aided American missionaries and Oregon Trail settlers who arrived in the 1830's and 1840's; and

      WHEREAS, Fort Vancouver was the social, economic, and political center of the Pacific Northwest in the 1820's, 1830's, and 1840's; and

      WHEREAS, The site of Fort Vancouver, its waterfront, portions of its agricultural fields, and employees' village are preserved and shared with the public by the National Park Service for both present and future generations; and

      WHEREAS, The year 2000 is the one hundred and seventy-fifth Anniversary of the establishment of Fort Vancouver; and

      WHEREAS, The National Park Service has planned several events to commemorate the one hundred and seventy-fifth Anniversary of the establishment of Fort Vancouver, including a living history reenactment of the 1825 opening of the fort;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize the one hundred and seventy-fifth Anniversary of the establishment of Fort Vancouver and its importance to our state's history; and

      BE IT FURTHER RESOLVED, That a copy of this Resolution be immediately transmitted by the Secretary of the Senate’s office to the Fort Vancouver Historical Site.


INTRODUCTION OF SPECIAL GUEST


      The President welcomed and introduced Randy Crawford, the brother of Senator Marilyn Rasmussen, who was seated in the gallery.


MOTION


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


MESSAGE FROM THE HOUSE

March 1, 2000

MR. PRESIDENT: 

      The House has passed SECOND SUBSTITUTE SENATE BILL NO. 6255 with the following amendment(s):

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. (1) A person who, with intent to deprive the owner or owner's agent, wrongfully obtains anhydrous ammonia, is guilty of theft of anhydrous ammonia.

       (2) Theft of anhydrous ammonia is a class C felony.

       NEW SECTION. Sec. 2. A person is guilty of the crime of unlawful storage of anhydrous ammonia if the person possesses anhydrous ammonia in a container that (1) is not approved by the United States department of transportation to hold anhydrous ammonia, or (2) does not meet state and federal industrial health and safety standards for holding anhydrous ammonia. Violation of this section is a class C felony.

       NEW SECTION. Sec. 3. Any damages arising out of the unlawful possession of, storage of, or tampering with anhydrous ammonia or anhydrous ammonia equipment shall be the sole responsibility of the unlawful possessor, storer, or tamperer. In no case shall liability for damages arising out of the unlawful possession of, storage of, or tampering with anhydrous ammonia or anhydrous ammonia equipment extend to the lawful owner, installer, maintainer, designer, manufacturer, or seller of the anhydrous ammonia or anhydrous ammonia equipment, unless such damages arise out of the owner, installer, maintainer, designer, manufacturer, or seller's acts or omissions that constitute negligent misconduct to abide by the laws regarding anhydrous ammonia possession and storage.

       Sec. 4. RCW 69.50.440 and 1997 c 71 s 3 are each amended to read as follows:

       It is unlawful for any person to possess ephedrine ((or)), pseudoephedrine, or anhydrous ammonia with intent to manufacture methamphetamine. Any person who violates this section is guilty of a crime and may be imprisoned for not more than ten years, fined not more than twenty-five thousand dollars, or both. Three thousand dollars of the fine may not be suspended. As collected, the first three thousand dollars of the fine must be deposited with the law enforcement agency having responsibility for cleanup of laboratories, sites, or substances used in the manufacture of the methamphetamine. The fine moneys deposited with that law enforcement agency must be used for such clean-up cost.

       Sec. 5. RCW 9.94A.320 and 1999 c 352 s 3, 1999 c 322 s 5, and 1999 c 45 s 4 are each reenacted and amended to read as follows:


TABLE 2


CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

 

XVI                       Aggravated Murder 1 (RCW 10.95.020)

 XV                       Homicide by abuse (RCW 9A.32.055)

                              Malicious explosion 1 (RCW 70.74.280(1))

                              Murder 1 (RCW 9A.32.030)

XIV                       Murder 2 (RCW 9A.32.050)

XIII                       Malicious explosion 2 (RCW 70.74.280(2))

                              Malicious placement of an explosive 1 (RCW 70.74.270(1))

 XII                       Assault 1 (RCW 9A.36.011)

                              Assault of a Child 1 (RCW 9A.36.120)

                              Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))

                              Rape 1 (RCW 9A.44.040)

                              Rape of a Child 1 (RCW 9A.44.073)

   XI                       Manslaughter 1 (RCW 9A.32.060)

                              Rape 2 (RCW 9A.44.050)

                              Rape of a Child 2 (RCW 9A.44.076)

    X                       Child Molestation 1 (RCW 9A.44.083)

                              Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))

                              Kidnapping 1 (RCW 9A.40.020)

                              Leading Organized Crime (RCW 9A.82.060(1)(a))

                              Malicious explosion 3 (RCW 70.74.280(3))

                              Manufacture of methamphetamine (RCW 69.50.401(a)(1)(ii))

                              Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)

   IX                       Assault of a Child 2 (RCW 9A.36.130)

                              Controlled Substance Homicide (RCW 69.50.415)

                              Explosive devices prohibited (RCW 70.74.180)

                              Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW ((88.12.029)) 79A.60.050)

                              Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))

                              Malicious placement of an explosive 2 (RCW 70.74.270(2))

                              Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)

                              Robbery 1 (RCW 9A.56.200)

                              Sexual Exploitation (RCW 9.68A.040)

                              Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)

VIII                       Arson 1 (RCW 9A.48.020)

                              Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))

                              Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW ((88.12.029)) 79A.60.050)

                              Manslaughter 2 (RCW 9A.32.070)

                              Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(a)(1)(ii))

                              Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))

                              Possession of Ephedrine ((or)), Pseudoephedrine, or Anhydrous Ammonia with intent to manufacture methamphetamine (RCW 69.50.440)

                              Promoting Prostitution 1 (RCW 9A.88.070)

                              Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)

                              Theft of Anhydrous Ammonia (section 1 of this act)

                              Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)

 VII                       Burglary 1 (RCW 9A.52.020)

                              Child Molestation 2 (RCW 9A.44.086)

                              Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)

                              Drive-by Shooting (RCW 9A.36.045)

                              Homicide by Watercraft, by disregard for the safety of others (RCW ((88.12.029)) 79A.60.050)

                              Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))

                              Introducing Contraband 1 (RCW 9A.76.140)

                              Involving a minor in drug dealing (RCW 69.50.401(f))

                              Malicious placement of an explosive 3 (RCW 70.74.270(3))

                              Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)

                              Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))

                              Use of a Machine Gun in Commission of a Felony (RCW 9.41.225)

                              Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)

   VI                       Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))

                              Bribery (RCW 9A.68.010)

                              Incest 1 (RCW 9A.64.020(1))

                              Intimidating a Judge (RCW 9A.72.160)

                              Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)

                              Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))

                              Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) or flunitrazepam from Schedule IV (RCW 69.50.401(a)(1)(i))

                              Rape of a Child 3 (RCW 9A.44.079)

                              Theft of a Firearm (RCW 9A.56.300)

                              Unlawful Storage of Anhydrous Ammonia (section 2 of this act)

    V                       Abandonment of dependent person 1 (RCW 9A.42.060)

                              Advancing money or property for extortionate extension of credit (RCW 9A.82.030)

                              Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))

                              Child Molestation 3 (RCW 9A.44.089)

                              Criminal Mistreatment 1 (RCW 9A.42.020)

                              Custodial Sexual Misconduct 1 (RCW 9A.44.160)

                              Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))

                              Extortion 1 (RCW 9A.56.120)

                              Extortionate Extension of Credit (RCW 9A.82.020)

                              Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)

                              Incest 2 (RCW 9A.64.020(2))

                              Kidnapping 2 (RCW 9A.40.030)

                              On and after July 1, 2000: No-Contact Order Violation: Domestic Violence Pretrial Condition (RCW 10.99.040(4) (b) and (c))

                              On and after July 1, 2000: No-Contact Order Violation: Domestic Violence Sentence Condition (RCW 10.99.050(2))

                              On and after July 1, 2000: Protection Order Violation: Domestic Violence Civil Action (RCW 26.50.110 (4) and (5))

                              On and after July 1, 2000: Stalking (RCW 9A.46.110)

                              Perjury 1 (RCW 9A.72.020)

                              Persistent prison misbehavior (RCW 9.94.070)

                              Possession of a Stolen Firearm (RCW 9A.56.310)

                              Rape 3 (RCW 9A.44.060)

                              Rendering Criminal Assistance 1 (RCW 9A.76.070)

                              Sexual Misconduct with a Minor 1 (RCW 9A.44.093)

                              Sexually Violating Human Remains (RCW 9A.44.105)

   IV                       Arson 2 (RCW 9A.48.030)

                              Assault 2 (RCW 9A.36.021)

                              Assault by Watercraft (RCW ((88.12.032)) 79A.60.050)

                              Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)

                              Commercial Bribery (RCW 9A.68.060)

                              Counterfeiting (RCW 9.16.035(4))

                              Escape 1 (RCW 9A.76.110)

                              Hit and Run--Injury Accident (RCW 46.52.020(4))

                              Hit and Run with Vessel--Injury Accident (RCW ((88.12.155(3))) 79A.60.200(3))

                              Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)

                              Influencing Outcome of Sporting Event (RCW 9A.82.070)

                              Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))

                              Malicious Harassment (RCW 9A.36.080)

                              Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(a)(1) (iii) through (v))

                              Residential Burglary (RCW 9A.52.025)

                              Robbery 2 (RCW 9A.56.210)

                              Theft of Livestock 1 (RCW 9A.56.080)

                              Threats to Bomb (RCW 9.61.160)

                              Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))

                              Vehicular Assault (RCW 46.61.522)

                              Willful Failure to Return from Furlough (RCW 72.66.060)

   III                       Abandonment of dependent person 2 (RCW 9A.42.070)

                              Assault 3 (RCW 9A.36.031)

                              Assault of a Child 3 (RCW 9A.36.140)

                              Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))

                              Burglary 2 (RCW 9A.52.030)

                              Communication with a Minor for Immoral Purposes (RCW 9.68A.090)

                              Criminal Gang Intimidation (RCW 9A.46.120)

                              Criminal Mistreatment 2 (RCW 9A.42.030)

                              Custodial Assault (RCW 9A.36.100)

                              Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))

                              Escape 2 (RCW 9A.76.120)

                              Extortion 2 (RCW 9A.56.130)

                              Harassment (RCW 9A.46.020)

                              Intimidating a Public Servant (RCW 9A.76.180)

                              Introducing Contraband 2 (RCW 9A.76.150)

                              Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(a)(6))

                              Malicious Injury to Railroad Property (RCW 81.60.070)

                              Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(iii))

                              Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))

                              Patronizing a Juvenile Prostitute (RCW 9.68A.100)

                              Perjury 2 (RCW 9A.72.030)

                              Possession of Incendiary Device (RCW 9.40.120)

                              Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190)

                              Promoting Prostitution 2 (RCW 9A.88.080)

                              Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))

                              Securities Act violation (RCW 21.20.400)

                              Tampering with a Witness (RCW 9A.72.120)

                              Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230)

                              Theft of Livestock 2 (RCW 9A.56.080)

                              Unlawful Imprisonment (RCW 9A.40.040)

                              Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))

                              Unlawful Use of Building for Drug Purposes (RCW 69.53.010)

                              Willful Failure to Return from Work Release (RCW 72.65.070)

    II                       Computer Trespass 1 (RCW 9A.52.110)

                              Counterfeiting (RCW 9.16.035(3))

                              Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))

                              Escape from Community Custody (RCW 72.09.310)

                              Health Care False Claims (RCW 48.80.030)

                              Malicious Mischief 1 (RCW 9A.48.070)

                              Possession of controlled substance that is either heroin or narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(d))

                              Possession of phencyclidine (PCP) (RCW 69.50.401(d))

                              Possession of Stolen Property 1 (RCW 9A.56.150)

                              Theft 1 (RCW 9A.56.030)

                              Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more) (RCW 9A.56.096(4))

                              Trafficking in Insurance Claims (RCW 48.30A.015)

                              Unlawful Practice of Law (RCW 2.48.180)

                              Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))

      I                       Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

                              False Verification for Welfare (RCW 74.08.055)

                              Forged Prescription (RCW 69.41.020)

                              Forged Prescription for a Controlled Substance (RCW 69.50.403)

                              Forgery (RCW 9A.60.020)

                              Malicious Mischief 2 (RCW 9A.48.080)

                              Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine or flunitrazepam) (RCW 69.50.401(d))

                              Possession of Stolen Property 2 (RCW 9A.56.160)

                              Reckless Burning 1 (RCW 9A.48.040)

                              Taking Motor Vehicle Without Permission (RCW 9A.56.070)

                              Theft 2 (RCW 9A.56.040)

                              Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars) (RCW 9A.56.096(4))

                              Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)

                              Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))

                              Vehicle Prowl 1 (RCW 9A.52.095)

       NEW SECTION. Sec. 6. Sections 1 through 3 of this act constitute a new chapter in Title 69 RCW.

       NEW SECTION. Sec. 7. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2000, in the omnibus appropriations act, this act is null and void.

       NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

       Correct the title, and the same is herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk


MOTION


      On motion of Senator Heavey, the Senate refuses to concur in the House amendment to Second Substitute Senate Bill No. 6255 and asks the House to recede therefrom.


MOTION


      At 11:28 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.


      The Senate was called to order at 1:17 p.m. by President Owen.


MOTION


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


MOTION


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


SENATE RESOLUTION 2000-8719


By Senators Costa, Spanel and Rasmussen


      WHEREAS, In 1916, the first case of Polio was recorded, resulting in approximately 27,000 deaths; and

      WHEREAS, Between the years of 1946 through 1952, the Polio epidemic afflicted 144,000 victims nationally; and

      WHEREAS, There are an estimated 35,000 Polio Survivors in Washington State alone; and

      WHEREAS, There are currently 1.6 million Polio survivors in the United States; and

      WHEREAS, The centralized Burien Office for Polio Outreach of Washington was formed in 1995 by peer volunteers to locate and inform Polio survivors who may currently be experiencing Post Polio Syndrome; and

      WHEREAS, Many individuals are diagnosed with Post Polio Syndrome year after year; and

      WHEREAS, The debilitating effects of Post Polio Syndrome, from severe fatigue to total body exhaustion, are often not detected until up to thirty years after the original onset of Polio; and

      WHEREAS, Post Polio Syndrome is the second most leading cause of neurological damage; and

      WHEREAS, The medical field and the Polio survivors must be able to recognize the symptoms of Post Polio Syndrome so that the survivors will not be prematurely disabled ; and

      WHEREAS, The distribution of accurate information and educational material is a necessity in order to create awareness for this disease and its effects;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize the courage and strength of all Polio survivors and the efforts of Polio Outreach of Washington to inform them.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced members of the Washington State Polio Survivors, who were seated in the gallery.


MOTION


      On motion of Senator Goings, the Senate returned to the fourth order of business.


MESSAGES FROM THE HOUSE

March 5, 2000

MR. PRESIDENT:

      The Co-Speakers have signed:

      SUBSTITUTE SENATE BILL NO. 5330,

      SUBSTITUTE SENATE BILL NO. 5590,

      SUBSTITUTE SENATE BILL NO. 5805,

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6067,

      SUBSTITUTE SENATE BILL NO. 6115,

      SENATE BILL NO. 6121,

      SENATE BILL NO. 6123,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6149,

      SENATE BILL NO. 6160,

      SENATE BILL NO. 6172,

      SUBSTITUTE SENATE BILL NO. 6213,

      SUBSTITUTE SENATE BILL NO. 6233,

      SENATE BILL NO. 6251,

      SUBSTITUTE SENATE BILL NO. 6260,

      SENATE BILL NO. 6285,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6295,

      SUBSTITUTE SENATE BILL NO. 6351,

      SUBSTITUTE SENATE BILL NO. 6357,

      SUBSTITUTE SENATE BILL NO. 6373,

      SUBSTITUTE SENATE BILL NO. 6375,

      SUBSTITUTE SENATE BILL NO. 6382,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6389,

      SUBSTITUTE SENATE BILL NO. 6589,

      SENATE BILL NO. 6602,

      SUBSTITUTE SENATE BILL NO. 6644,

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6683,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6732,

      SUBSTITUTE SENATE BILL NO. 6740,

      SENATE BILL NO. 6748,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6761,

      SENATE BILL NO. 6770,

      ENGROSSED SENATE JOINT MEMORIAL NO. 8015,

      SENATE JOINT MEMORIAL NO. 8021,

      SENATE JOINT MEMORIAL NO. 8022,

      SENATE JOINT MEMORIAL NO. 8027,

      SENATE JOINT RESOLUTION NO 8214, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk


March 5, 2000

MR. PRESIDENT:

      The House concurred in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 2338 and passed the bill as amended by the Senate.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk


March 5, 2000

MR. PRESIDENT:

      The Co-Speakers have signed SUBSTITUTE HOUSE BILL NO. 2721, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk


March 5, 2000

MR. PRESIDENT:

      The Co-Speakers have signed:

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1572,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2109,

      SUBSTITUTE HOUSE BILL NO. 2320,

      SUBSTITUTE HOUSE BILL NO. 2321,

      HOUSE BILL NO. 2333,

      HOUSE BILL NO. 2339,

      ENGROSSED HOUSE BILL NO. 2340,

      HOUSE BILL NO. 2375,

      SUBSTITUTE HOUSE BILL NO. 2398,

      SUBSTITUTE HOUSE BILL NO. 2399,

      HOUSE BILL NO. 2403,

      HOUSE BILL NO. 2407,

      HOUSE BILL NO. 2459,

      HOUSE BILL NO. 2515,

      HOUSE BILL NO. 2536,

      ENGROSSED HOUSE BILL NO. 2565,

      SUBSTITUTE HOUSE BILL NO. 2587,

      HOUSE BILL NO. 2612,

      SUBSTITUTE HOUSE BILL NO. 2633,

      HOUSE BILL NO. 2650,

      HOUSE BILL NO. 2657,

      ENGROSSED HOUSE BILL NO. 2713,

      HOUSE BILL NO. 2775,

      SUBSTITUTE HOUSE BILL NO. 2792,

      HOUSE BILL NO. 2851,

      HOUSE BILL NO. 2868,

      ENGROSSED HOUSE BILL NO. 2881,

      SUBSTITUTE HOUSE BILL NO. 2886,

      ENGROSSED HOUSE BILL NO. 2952,

      HOUSE BILL NO. 3005,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 3045, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk


SIGNED BY THE PRESIDENT


      The President signed:

       SUBSTITUTE HOUSE BILL NO. 2721.


SIGNED BY THE PRESIDENT


      The President signed:

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1572,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2109,

      SUBSTITUTE HOUSE BILL NO. 2320,

      SUBSTITUTE HOUSE BILL NO. 2321,

      HOUSE BILL NO. 2333,

      HOUSE BILL NO. 2339,

      ENGROSSED HOUSE BILL NO. 2340,

      HOUSE BILL NO. 2375,

      SUBSTITUTE HOUSE BILL NO. 2398,

      SUBSTITUTE HOUSE BILL NO. 2399,

      HOUSE BILL NO. 2403,

      HOUSE BILL NO. 2407,

      HOUSE BILL NO. 2459,

      HOUSE BILL NO. 2515,

      HOUSE BILL NO. 2536,

      ENGROSSED HOUSE BILL NO. 2565,

      SUBSTITUTE HOUSE BILL NO. 2587,

      HOUSE BILL NO. 2612,

      SUBSTITUTE HOUSE BILL NO. 2633,

      HOUSE BILL NO. 2650,

      HOUSE BILL NO. 2657,

      ENGROSSED HOUSE BILL NO. 2713,

      HOUSE BILL NO. 2775,

      SUBSTITUTE HOUSE BILL NO. 2792,

      HOUSE BILL NO. 2851,

      HOUSE BILL NO. 2868,

      ENGROSSED HOUSE BILL NO. 2881,

      SUBSTITUTE HOUSE BILL NO. 2886,

      ENGROSSED HOUSE BILL NO. 2952,

      HOUSE BILL NO. 3005,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 3045.


MESSAGE FROM THE HOUSE.

February 29, 2000

MR. PRESIDENT: 

      The House has passed SUBSTITUTE SENATE BILL NO. 6336 with the following amendment(s):

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 9.94A.120 and 1999 c 324 s 2, 1999 c 197 s 4, 1999 c 196 s 5, and 1999 c 147 s 3 are each reenacted and amended to read as follows:

       When a person is convicted of a felony, the court shall impose punishment as provided in this section.

       (1) Except as authorized in subsections (2), (4), (5), (6), and (8) of this section, the court shall impose a sentence within the sentence range for the offense.

       (2) The court may impose a sentence outside the standard sentence range for that offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

       (3) Whenever a sentence outside the standard range is imposed, the court shall set forth the reasons for its decision in written findings of fact and conclusions of law. A sentence outside the standard range shall be a determinate sentence.

       (4) A persistent offender shall be sentenced to a term of total confinement for life without the possibility of parole or, when authorized by RCW 10.95.030 for the crime of aggravated murder in the first degree, sentenced to death, notwithstanding the maximum sentence under any other law. An offender convicted of the crime of murder in the first degree shall be sentenced to a term of total confinement not less than twenty years. An offender convicted of the crime of assault in the first degree or assault of a child in the first degree where the offender used force or means likely to result in death or intended to kill the victim shall be sentenced to a term of total confinement not less than five years. An offender convicted of the crime of rape in the first degree shall be sentenced to a term of total confinement not less than five years. The foregoing minimum terms of total confinement are mandatory and shall not be varied or modified as provided in subsection (2) of this section. In addition, all offenders subject to the provisions of this subsection shall not be eligible for community custody, earned release time, furlough, home detention, partial confinement, work crew, work release, or any other form of early release as defined under RCW 9.94A.150 (1), (2), (3), (((5), (7), or)) (6), (8), or (9), or any other form of authorized leave of absence from the correctional facility while not in the direct custody of a corrections officer or officers during such minimum terms of total confinement except: (a) In the case of an offender in need of emergency medical treatment; (b) for the purpose of commitment to an inpatient treatment facility in the case of an offender convicted of the crime of rape in the first degree; or (c) for an extraordinary medical placement when authorized under RCW 9.94A.150(4).

       (5)(a) In sentencing a first-time offender the court may waive the imposition of a sentence within the sentence range and impose a sentence which may include up to ninety days of confinement in a facility operated or utilized under contract by the county and a requirement that the offender refrain from committing new offenses. The sentence may also include a term of community supervision or community custody as specified in (b) of this subsection, which, in addition to crime-related prohibitions, may include requirements that the offender perform any one or more of the following:

       (i) Devote time to a specific employment or occupation;

       (ii) Undergo available outpatient treatment for up to the period specified in (b) of this subsection, or inpatient treatment not to exceed the standard range of confinement for that offense;

       (iii) Pursue a prescribed, secular course of study or vocational training;

       (iv) Remain within prescribed geographical boundaries and notify the community corrections officer prior to any change in the offender's address or employment;

       (v) Report as directed to a community corrections officer; or

       (vi) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030 and/or perform community service work.

       (b) The terms and statuses applicable to sentences under (a) of this subsection are:

       (i) For sentences imposed on or after July 25, 1999, for crimes committed before July 1, 2000, up to one year of community supervision. If treatment is ordered, the period of community supervision may include up to the period of treatment, but shall not exceed two years; and

       (ii) For crimes committed on or after July 1, 2000, up to one year of community custody unless treatment is ordered, in which case the period of community custody may include up to the period of treatment, but shall not exceed two years. Any term of community custody imposed under this subsection (5) is subject to conditions and sanctions as authorized in this subsection (5) and in subsection (11)(b) and (c) of this section.

       (c) The department shall discharge from community supervision any offender sentenced under this subsection (5) before July 25, 1999, who has served at least one year of community supervision and has completed any treatment ordered by the court.

       (6)(a) An offender is eligible for the special drug offender sentencing alternative if:

       (i) The offender is convicted of a felony that is not a violent offense or sex offense and the violation does not involve a sentence enhancement under RCW 9.94A.310 (3) or (4);

       (ii) The offender has no current or prior convictions for a sex offense or violent offense in this state, another state, or the United States;

       (iii) For a violation of the uniform controlled substances act under chapter 69.50 RCW or a criminal solicitation to commit such a violation under chapter 9A.28 RCW, the offense involved only a small quantity of the particular controlled substance as determined by the judge upon consideration of such factors as the weight, purity, packaging, sale price, and street value of the controlled substance; and

       (iv) The offender has not been found by the United States attorney general to be subject to a deportation detainer or order.

       (b) If the standard range is greater than one year and the sentencing judge determines that the offender is eligible for this option and that the offender and the community will benefit from the use of the special drug offender sentencing alternative, the judge may waive imposition of a sentence within the standard range and impose a sentence that must include a period of total confinement in a state facility for one-half of the midpoint of the standard range. During incarceration in the state facility, offenders sentenced under this subsection shall undergo a comprehensive substance abuse assessment and receive, within available resources, treatment services appropriate for the offender. The treatment services shall be designed by the division of alcohol and substance abuse of the department of social and health services, in cooperation with the department of corrections.

       The court shall also impose:

       (i) The remainder of the midpoint of the standard range as a term of community custody which must include appropriate substance abuse treatment in a program that has been approved by the division of alcohol and substance abuse of the department of social and health services;

       (ii) Crime-related prohibitions including a condition not to use illegal controlled substances; and

       (iii) A requirement to submit to urinalysis or other testing to monitor that status.

       The court may prohibit the offender from using alcohol or controlled substances and may require that the monitoring for controlled substances be conducted by the department or by a treatment alternatives to street crime program or a comparable court or agency-referred program. The offender may be required to pay thirty dollars per month while on community custody to offset the cost of monitoring. In addition, the court shall impose three or more of the following conditions:

       (A) Devote time to a specific employment or training;

       (B) Remain within prescribed geographical boundaries and notify the court or the community corrections officer before any change in the offender's address or employment;

       (C) Report as directed to a community corrections officer;

       (D) Pay all court-ordered legal financial obligations;

       (E) Perform community service work;

       (F) Stay out of areas designated by the sentencing judge;

       (G) Such other conditions as the court may require such as affirmative conditions.

       (c) If the offender violates any of the sentence conditions in (b) of this subsection, a violation hearing shall be held by the department unless waived by the offender. If the department finds that conditions have been willfully violated, the offender may be reclassified to serve the remaining balance of the original sentence.

       (d) The department shall determine the rules for calculating the value of a day fine based on the offender's income and reasonable obligations which the offender has for the support of the offender and any dependents. These rules shall be developed in consultation with the administrator for the courts, the office of financial management, and the commission.

       (e) An offender who fails to complete the special drug offender sentencing alternative program or who is administratively terminated from the program shall be reclassified to serve the unexpired term of his or her sentence as ordered by the sentencing judge and shall be subject to all rules relating to earned early release time. An offender who violates any conditions of supervision as defined by the department shall be sanctioned. Sanctions may include, but are not limited to, reclassifying the offender to serve the unexpired term of his or her sentence as ordered by the sentencing judge. If an offender is reclassified to serve the unexpired term of his or her sentence, the offender shall be subject to all rules relating to earned early release time.

       (7) If a sentence range has not been established for the defendant's crime, the court shall impose a determinate sentence which may include not more than one year of confinement; community service work; until July 1, 2000, a term of community supervision not to exceed one year and on and after July 1, 2000, a term of community custody not to exceed one year, subject to conditions and sanctions as authorized in subsection (11)(b) and (c) of this section; and/or other legal financial obligations. The court may impose a sentence which provides more than one year of confinement if the court finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

       (8)(a)(i) When an offender is convicted of a sex offense other than a violation of RCW 9A.44.050 or a sex offense that is also a serious violent offense and has no prior convictions for a sex offense or any other felony sex offenses in this or any other state, the sentencing court, on its own motion or the motion of the state or the defendant, may order an examination to determine whether the defendant is amenable to treatment.

       The report of the examination shall include at a minimum the following: The defendant's version of the facts and the official version of the facts, the defendant's offense history, an assessment of problems in addition to alleged deviant behaviors, the offender's social and employment situation, and other evaluation measures used. The report shall set forth the sources of the evaluator's information.

       The examiner shall assess and report regarding the defendant's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:

       (A) Frequency and type of contact between offender and therapist;

       (B) Specific issues to be addressed in the treatment and description of planned treatment modalities;

       (C) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members and others;

       (D) Anticipated length of treatment; and

       (E) Recommended crime-related prohibitions.

       The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion. The defendant shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost.

       (ii) After receipt of the reports, the court shall consider whether the offender and the community will benefit from use of this special sex offender sentencing alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this subsection. If the court determines that this special sex offender sentencing alternative is appropriate, the court shall then impose a sentence within the sentence range. If this sentence is less than eleven years of confinement, the court may suspend the execution of the sentence and impose the following conditions of suspension:

       (A) The court shall place the defendant on community custody for the length of the suspended sentence or three years, whichever is greater, and require the offender to comply with any conditions imposed by the department of corrections under subsection (15) of this section;

       (B) The court shall order treatment for any period up to three years in duration. The court in its discretion shall order outpatient sex offender treatment or inpatient sex offender treatment, if available. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The offender shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the community corrections officer, and the court, and shall not change providers without court approval after a hearing if the prosecutor or community corrections officer object to the change. In addition, as conditions of the suspended sentence, the court may impose other sentence conditions including up to six months of confinement, not to exceed the sentence range of confinement for that offense, crime-related prohibitions, and requirements that the offender perform any one or more of the following:

       (I) Devote time to a specific employment or occupation;

       (II) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

       (III) Report as directed to the court and a community corrections officer;

       (IV) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030, perform community service work, or any combination thereof; or

       (V) Make recoupment to the victim for the cost of any counseling required as a result of the offender's crime; and

       (C) Sex offenders sentenced under this special sex offender sentencing alternative are not eligible to accrue any earned release time while serving a suspended sentence.

       (iii) The sex offender therapist shall submit quarterly reports on the defendant's progress in treatment to the court and the parties. The report shall reference the treatment plan and include at a minimum the following: Dates of attendance, defendant's compliance with requirements, treatment activities, the defendant's relative progress in treatment, and any other material as specified by the court at sentencing.

       (iv) At the time of sentencing, the court shall set a treatment termination hearing for three months prior to the anticipated date for completion of treatment. Prior to the treatment termination hearing, the treatment professional and community corrections officer shall submit written reports to the court and parties regarding the defendant's compliance with treatment and monitoring requirements, and recommendations regarding termination from treatment, including proposed community supervision conditions. Either party may request and the court may order another evaluation regarding the advisability of termination from treatment. The defendant shall pay the cost of any additional evaluation ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost. At the treatment termination hearing the court may: (A) Modify conditions of community custody, and either (B) terminate treatment, or (C) extend treatment for up to the remaining period of community custody.

       (v) If a violation of conditions occurs during community custody, the department shall either impose sanctions as provided for in RCW 9.94A.205(2)(a) or refer the violation to the court and recommend revocation of the suspended sentence as provided for in (a)(vi) of this subsection.

       (vi) The court may revoke the suspended sentence at any time during the period of community custody and order execution of the sentence if: (A) The defendant violates the conditions of the suspended sentence, or (B) the court finds that the defendant is failing to make satisfactory progress in treatment. All confinement time served during the period of community custody shall be credited to the offender if the suspended sentence is revoked.

       (vii) Except as provided in (a)(viii) of this subsection, after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW.

       (viii) A sex offender therapist who examines or treats a sex offender pursuant to this subsection (8) does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that: (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (8) and the rules adopted by the department of health.

       (ix) For purposes of this subsection (8), "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a result of the crime charged. "Victim" also means a parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.

       (x) If the defendant was less than eighteen years of age when the charge was filed, the state shall pay for the cost of initial evaluation and treatment.

       (b) When an offender commits any felony sex offense on or after July 1, 1987, and is sentenced to a term of confinement of more than one year but less than six years, the sentencing court may, on its own motion or on the motion of the offender or the state, request the department of corrections to evaluate whether the offender is amenable to treatment and the department may place the offender in a treatment program within a correctional facility operated by the department.

       Except for an offender who has been convicted of a violation of RCW 9A.44.040 or 9A.44.050, if the offender completes the treatment program before the expiration of his or her term of confinement, the department of corrections may request the court to convert the balance of confinement to community supervision and to place conditions on the offender including crime-related prohibitions and requirements that the offender perform any one or more of the following:

       (i) Devote time to a specific employment or occupation;

       (ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

       (iii) Report as directed to the court and a community corrections officer;

       (iv) Undergo available outpatient treatment.

       If the offender violates any of the terms of his or her community supervision, the court may order the offender to serve out the balance of his or her community supervision term in confinement in the custody of the department of corrections.

       Nothing in this subsection (8)(b) shall confer eligibility for such programs for offenders convicted and sentenced for a sex offense committed prior to July 1, 1987. This subsection (8)(b) does not apply to any crime committed after July 1, 1990.

       (c) Offenders convicted and sentenced for a sex offense committed prior to July 1, 1987, may, subject to available funds, request an evaluation by the department of corrections to determine whether they are amenable to treatment. If the offender is determined to be amenable to treatment, the offender may request placement in a treatment program within a correctional facility operated by the department. Placement in such treatment program is subject to available funds.

       (d) Within the funds available for this purpose, the department shall develop and monitor transition and relapse prevention strategies, including risk assessment and release plans, to reduce risk to the community after sex offenders' terms of confinement in the custody of the department.

       (9)(a)(i) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense or a serious violent offense committed after July 1, 1988, but before July 1, 1990, assault in the second degree, assault of a child in the second degree, any crime against a person where it is determined in accordance with RCW 9.94A.125 that the defendant or an accomplice was armed with a deadly weapon at the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW not sentenced under subsection (6) of this section, committed on or after July 1, 1988, but before July 25, 1999, the court shall in addition to the other terms of the sentence, sentence the offender to a one-year term of community placement beginning either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of such community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence.

       (ii) Except for persons sentenced under (b) of this subsection or subsection (10)(a) of this section, when a court sentences a person to a term of total confinement to the custody of the department of corrections for a violent offense, any crime against a person under RCW 9.94A.440(2), or any felony offense under chapter 69.50 or 69.52 RCW not sentenced under subsection (6) of this section, committed on or after July 25, 1999, but before July 1, 2000, the court shall in addition to the other terms of the sentence, sentence the offender to a one-year term of community placement beginning either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences the offender under this subsection (9)(a)(ii) to the statutory maximum period of confinement, then the community placement portion of the sentence shall consist entirely of such community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence.

       (b) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense committed on or after July 1, 1990, but before June 6, 1996, or a serious violent offense, vehicular homicide, or vehicular assault, committed on or after July 1, 1990, but before July 1, 2000, the court shall in addition to other terms of the sentence, sentence the offender to community placement for two years or up to the period of earned release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community placement shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of the community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence. Unless a condition is waived by the court, the terms of community placement for offenders sentenced pursuant to this section shall include the following conditions:

       (i) The offender shall report to and be available for contact with the assigned community corrections officer as directed;

       (ii) The offender shall work at department of corrections-approved education, employment, and/or community service;

       (iii) The offender shall not possess or consume controlled substances except pursuant to lawfully issued prescriptions;

       (iv) The offender shall pay supervision fees as determined by the department of corrections;

       (v) The residence location and living arrangements are subject to the prior approval of the department of corrections during the period of community placement; and

       (vi) The offender shall submit to affirmative acts necessary to monitor compliance with the orders of the court as required by the department.

       (c) As a part of any sentence imposed under (a) or (b) of this subsection, the court may also order any of the following special conditions:

       (i) The offender shall remain within, or outside of, a specified geographical boundary;

       (ii) The offender shall not have direct or indirect contact with the victim of the crime or a specified class of individuals;

       (iii) The offender shall participate in crime-related treatment or counseling services;

       (iv) The offender shall not consume alcohol;

       (v) The offender shall comply with any crime-related prohibitions; or

       (vi) For an offender convicted of a felony sex offense against a minor victim after June 6, 1996, the offender shall comply with any terms and conditions of community placement imposed by the department of corrections relating to contact between the sex offender and a minor victim or a child of similar age or circumstance as a previous victim.

       (d) Prior to transfer to, or during, community placement, any conditions of community placement may be removed or modified so as not to be more restrictive by the sentencing court, upon recommendation of the department of corrections.

       (10)(a) When a court sentences a person to the custody of the department of corrections for an offense categorized as a sex offense committed on or after June 6, 1996, but before July 1, 2000, the court shall, in addition to other terms of the sentence, sentence the offender to community custody for three years or up to the period of earned release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community custody shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release in accordance with RCW 9.94A.150 (1) and (2).

       (b) Unless a condition is waived by the court, the terms of community custody shall be the same as those provided for in subsection (9)(b) of this section and may include those provided for in subsection (9)(c) of this section. As part of any sentence that includes a term of community custody imposed under this subsection, the court shall also require the offender to comply with any conditions imposed by the department of corrections under subsection (15) of this section.

       (c) At any time prior to the completion of a sex offender's term of community custody, if the court finds that public safety would be enhanced, the court may impose and enforce an order extending any or all of the conditions imposed pursuant to this section for a period up to the maximum allowable sentence for the crime as it is classified in chapter 9A.20 RCW, regardless of the expiration of the offender's term of community custody. If a violation of a condition extended under this subsection occurs after the expiration of the offender's term of community custody, it shall be deemed a violation of the sentence for the purposes of RCW 9.94A.195 and may be punishable as contempt of court as provided for in RCW 7.21.040.

       (11)(a) When a court sentences a person to the custody of the department of corrections for a sex offense, a violent offense, any crime against a person under RCW 9.94A.440(2), or a felony offense under chapter 69.50 or 69.52 RCW not sentenced under subsection (6) of this section, committed on or after July 1, 2000, the court shall in addition to the other terms of the sentence, sentence the offender to community custody for the community custody range or up to the period of earned release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community custody shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release in accordance with RCW 9.94A.150 (1) and (2).

       (b) Unless a condition is waived by the court, the conditions of community custody shall include those provided for in subsection (9)(b)(i) through (vi) of this section. The conditions may also include those provided for in subsection (9)(c)(i) through (vi) of this section. The court may also order the offender to participate in rehabilitative programs or otherwise perform affirmative conduct reasonably related to the circumstances of the offense, the offender's risk of reoffending, or the safety of the community, and the department shall enforce such conditions pursuant to (f) of this subsection. As part of any sentence that includes a term of community custody imposed under this subsection, the court shall also require the offender to comply with any conditions imposed by the department of corrections under subsection (15) of this section. The department shall assess the offender's risk of reoffense and may establish and modify additional conditions of the offender's community custody based upon the risk to community safety. The department may not impose conditions that are contrary to those ordered by the court and may not contravene or decrease court imposed conditions. The department shall notify the offender in writing of any such conditions or modifications. In setting, modifying, and enforcing conditions of community custody, the department shall be deemed to be performing a quasi-judicial function.

       (c) If an offender violates conditions imposed by the court or the department pursuant to this subsection during community custody, the department may transfer the offender to a more restrictive confinement status and impose other available sanctions as provided in RCW 9.94A.205 and 9.94A.207.

       (d) Except for terms of community custody under subsection (8) of this section, the department shall discharge the offender from community custody on a date determined by the department, which the department may modify, based on risk and performance of the offender, within the range or at the end of the period of earned release, whichever is later.

       (e) At any time prior to the completion or termination of a sex offender's term of community custody, if the court finds that public safety would be enhanced, the court may impose and enforce an order extending any or all of the conditions imposed pursuant to this section for a period up to the maximum allowable sentence for the crime as it is classified in chapter 9A.20 RCW, regardless of the expiration of the offender's term of community custody. If a violation of a condition extended under this subsection occurs after the expiration of the offender's term of community custody, it shall be deemed a violation of the sentence for the purposes of RCW 9.94A.195 and may be punishable as contempt of court as provided for in RCW 7.21.040. If the court extends a condition beyond the expiration of the term of community custody, the department is not responsible for supervision of the offender's compliance with the condition.

       (f) Within the funds available for community custody, the department shall determine conditions and duration of community custody on the basis of risk to community safety, and shall supervise offenders during community custody on the basis of risk to community safety and conditions imposed by the court. The secretary shall adopt rules to implement the provisions of this subsection (11)(f).

       (g) By the close of the next business day after receiving notice of a condition imposed or modified by the department, an offender may request an administrative review under rules adopted by the department. The condition shall remain in effect unless the reviewing officer finds that it is not reasonably related to any of the following: (i) The crime of conviction; (ii) the offender's risk of reoffending; or (iii) the safety of the community.

       (12) If the court imposes a sentence requiring confinement of thirty days or less, the court may, in its discretion, specify that the sentence be served on consecutive or intermittent days. A sentence requiring more than thirty days of confinement shall be served on consecutive days. Local jail administrators may schedule court-ordered intermittent sentences as space permits.

       (13)(a) If a sentence imposed includes payment of a legal financial obligation, the sentence shall specify the total amount of the legal financial obligation owed, and shall require the offender to pay a specified monthly sum toward that legal financial obligation. Restitution to victims shall be paid prior to any other payments of monetary obligations. Any legal financial obligation that is imposed by the court may be collected by the department, which shall deliver the amount paid to the county clerk for credit.

       (b) For an offense committed prior to July 1, 2000, the offender's compliance with payment of legal financial obligations shall be supervised by the department for ten years following the entry of the judgment and sentence or ten years following the offender's release from total confinement, whichever period ends later. All monetary payments ordered shall be paid no later than ten years after the last date of release from confinement pursuant to a felony conviction or the date the sentence was entered unless the superior court extends the criminal judgment an additional ten years. If the legal financial obligations including crime victims' assessments are not paid during the initial ten-year period, the superior court may extend jurisdiction under the criminal judgment an additional ten years as provided in RCW 9.94A.140, 9.94A.142, and 9.94A.145. If jurisdiction under the criminal judgment is extended, the department is not responsible for supervision of the offender during the subsequent period.

       (c) For an offense committed on or after July 1, 2000, the court shall retain jurisdiction over the offender, for purposes of the offender's compliance with payment of the legal financial obligations, until the obligation is completely satisfied, regardless of the statutory maximum for the crime. The department of corrections shall supervise the offender's compliance with payment of the legal financial obligations for ten years following the entry of the judgment and sentence or ten years following the offender's release from total confinement, whichever period ends later. The department is not responsible for supervision of the offender during any subsequent period of time the offender remains under the court's jurisdiction.

       (d) Independent of the department, the party or entity to whom the legal financial obligation is owed shall have the authority to utilize any other remedies available to the party or entity to collect the legal financial obligation. Nothing in this section makes the department, the state, or any of its employees, agents, or other persons acting on their behalf liable under any circumstances for the payment of these legal financial obligations. If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order.

       (14) Except as provided under RCW 9.94A.140(1) and 9.94A.142(1), a court may not impose a sentence providing for a term of confinement or community supervision, community placement, or community custody which exceeds the statutory maximum for the crime as provided in chapter 9A.20 RCW.

       (15) All offenders sentenced to terms involving community supervision, community service, community placement, community custody, or legal financial obligation shall be under the supervision of the department of corrections and shall follow explicitly the instructions and conditions of the department of corrections. The department may require an offender to perform affirmative acts it deems appropriate to monitor compliance with the conditions of the sentence imposed.

       (a) The instructions shall include, at a minimum, reporting as directed to a community corrections officer, remaining within prescribed geographical boundaries, notifying the community corrections officer of any change in the offender's address or employment, and paying the supervision fee assessment.

       (b) For offenders sentenced to terms involving community custody for crimes committed on or after June 6, 1996, the department may include, in addition to the instructions in (a) of this subsection, any appropriate conditions of supervision, including but not limited to, prohibiting the offender from having contact with any other specified individuals or specific class of individuals. For offenders sentenced to terms of community custody for crimes committed on or after July 1, 2000, the department may additionally require the offender to participate in rehabilitative programs or otherwise perform affirmative conduct, and to obey all laws.

       The conditions authorized under this subsection (15)(b) may be imposed by the department prior to or during an offender's community custody term. If a violation of conditions imposed by the court or the department pursuant to subsection (10) of this section occurs during community custody, it shall be deemed a violation of community placement for the purposes of RCW 9.94A.207 and shall authorize the department to transfer an offender to a more restrictive confinement status as provided in RCW 9.94A.205. At any time prior to the completion of an offender's term of community custody, the department may recommend to the court that any or all of the conditions imposed by the court or the department pursuant to subsection (10) or (11) of this section be continued beyond the expiration of the offender's term of community custody as authorized in subsection (10)(c) or (11)(e) of this section.

       The department may require offenders to pay for special services rendered on or after July 25, 1993, including electronic monitoring, day reporting, and telephone reporting, dependent upon the offender's ability to pay. The department may pay for these services for offenders who are not able to pay.

       (16) All offenders sentenced to terms involving community supervision, community service, community custody, or community placement under the supervision of the department of corrections shall not own, use, or possess firearms or ammunition. Offenders who own, use, or are found to be in actual or constructive possession of firearms or ammunition shall be subject to the appropriate violation process and sanctions. "Constructive possession" as used in this subsection means the power and intent to control the firearm or ammunition. "Firearm" as used in this subsection means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.

       (17) The sentencing court shall give the offender credit for all confinement time served before the sentencing if that confinement was solely in regard to the offense for which the offender is being sentenced.

       (18) A departure from the standards in RCW 9.94A.400 (1) and (2) governing whether sentences are to be served consecutively or concurrently is an exceptional sentence subject to the limitations in subsections (2) and (3) of this section, and may be appealed by the defendant or the state as set forth in RCW 9.94A.210 (2) through (6).

       (19) The court shall order restitution whenever the offender is convicted of a felony that results in injury to any person or damage to or loss of property, whether the offender is sentenced to confinement or placed under community supervision, unless extraordinary circumstances exist that make restitution inappropriate in the court's judgment. The court shall set forth the extraordinary circumstances in the record if it does not order restitution.

       (20) As a part of any sentence, the court may impose and enforce an order that relates directly to the circumstances of the crime for which the offender has been convicted, prohibiting the offender from having any contact with other specified individuals or a specific class of individuals for a period not to exceed the maximum allowable sentence for the crime, regardless of the expiration of the offender's term of community supervision or community placement.

       (21) The court may order an offender whose sentence includes community placement or community supervision to undergo a mental status evaluation and to participate in available outpatient mental health treatment, if the court finds that reasonable grounds exist to believe that the offender is a mentally ill person as defined in RCW 71.24.025, and that this condition is likely to have influenced the offense. An order requiring mental status evaluation or treatment must be based on a presentence report and, if applicable, mental status evaluations that have been filed with the court to determine the offender's competency or eligibility for a defense of insanity. The court may order additional evaluations at a later date if deemed appropriate.

       (22) In any sentence of partial confinement, the court may require the defendant to serve the partial confinement in work release, in a program of home detention, on work crew, or in a combined program of work crew and home detention.

       (23) All court-ordered legal financial obligations collected by the department and remitted to the county clerk shall be credited and paid where restitution is ordered. Restitution shall be paid prior to any other payments of monetary obligations.

       (24) In sentencing an offender convicted of a crime of domestic violence, as defined in RCW 10.99.020, if the offender has a minor child, or if the victim of the offense for which the offender was convicted has a minor child, the court may, as part of any term of community supervision, order the offender to participate in a domestic violence perpetrator program approved under RCW 26.50.150.

       (25)(a) Sex offender examinations and treatment ordered as a special condition of community placement or community custody under this section shall be conducted only by sex offender treatment providers certified by the department of health under chapter 18.155 RCW unless the court finds that: (i) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (ii) no certified providers are available for treatment within a reasonable geographic distance of the offender's home, as determined in rules adopted by the secretary; (iii) the evaluation and treatment plan comply with the rules adopted by the department of health; or (iv) the treatment provider is employed by the department. A treatment provider selected by an offender who is not certified by the department of health shall consult with a certified provider during the offender's period of treatment to ensure compliance with the rules adopted by the department of health. The frequency and content of the consultation shall be based on the recommendation of the certified provider.

       (b) A sex offender's failure to participate in treatment required as a condition of community placement or community custody is a violation that will not be excused on the basis that no treatment provider was located within a reasonable geographic distance of the offender's home.

       Sec. 2. RCW 9.94A.142 and 1997 c 121 s 4 and 1997 c 52 s 2 are each reenacted and amended to read as follows:

       (1) When restitution is ordered, the court shall determine the amount of restitution due at the sentencing hearing or within one hundred eighty days except as provided in subsection (4) of this section. The court may continue the hearing beyond the one hundred eighty days for good cause. The court shall then set a minimum monthly payment that the offender is required to make towards the restitution that is ordered. The court should take into consideration the total amount of the restitution owed, the offender's present, past, and future ability to pay, as well as any assets that the offender may have. During the period of supervision, the community corrections officer may examine the offender to determine if there has been a change in circumstances that warrants an amendment of the monthly payment schedule. The community corrections officer may recommend a change to the schedule of payment and shall inform the court of the recommended change and the reasons for the change. The sentencing court may then reset the monthly minimum payments based on the report from the community corrections officer of the change in circumstances. Except as provided in subsection (3) of this section, restitution ordered by a court pursuant to a criminal conviction shall be based on easily ascertainable damages for injury to or loss of property, actual expenses incurred for treatment for injury to persons, and lost wages resulting from injury. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses, but may include the costs of counseling reasonably related to the offense. The amount of restitution shall not exceed double the amount of the offender's gain or the victim's loss from the commission of the crime. For the purposes of this section, for an offense committed prior to July 1, 2000, the offender shall remain under the court's jurisdiction for a term of ten years following the offender's release from total confinement or ten years subsequent to the entry of the judgment and sentence, whichever period ((is longer)) ends later. Prior to the expiration of the initial ten-year period, the superior court may extend jurisdiction under the criminal judgment an additional ten years for payment of restitution. For an offense committed on or after July 1, 2000, the offender shall remain under the court's jurisdiction until the obligation is completely satisfied, regardless of the statutory maximum for the crime. The portion of the sentence concerning restitution may be modified as to amount, terms, and conditions during ((either the initial ten-year period or subsequent ten-year period if the criminal judgment is extended)) any period of time the offender remains under the court's jurisdiction, regardless of the expiration of the offender's term of community supervision and regardless of the statutory maximum for the crime. The court may not reduce the total amount of restitution ordered because the offender may lack the ability to pay the total amount. The offender's compliance with the restitution shall be supervised by the department of corrections for ten years following the entry of the judgment and sentence or ten years following the offender's release from total confinement. ((If jurisdiction under the criminal judgment is extended, the department is not responsible for supervision of the offender during the subsequent period)) The department is not responsible for supervision of the offender during any subsequent period of time the offender remains under the court's jurisdiction.

       (2) Restitution shall be ordered whenever the offender is convicted of an offense which results in injury to any person or damage to or loss of property or as provided in subsection (3) of this section unless extraordinary circumstances exist which make restitution inappropriate in the court's judgment and the court sets forth such circumstances in the record. In addition, restitution shall be ordered to pay for an injury, loss, or damage if the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement.

       (3) Restitution for the crime of rape of a child in the first, second, or third degree, in which the victim becomes pregnant, shall include: (a) All of the victim's medical expenses that are associated with the rape and resulting pregnancy; and (b) child support for any child born as a result of the rape if child support is ordered pursuant to a civil superior court or administrative order for support for that child. The clerk must forward any restitution payments made on behalf of the victim's child to the Washington state child support registry under chapter 26.23 RCW. Identifying information about the victim and child shall not be included in the order. The defendant shall receive a credit against any obligation owing under the administrative or superior court order for support of the victim's child. For the purposes of this subsection, the offender shall remain under the court's jurisdiction until the defendant has satisfied support obligations under the superior court or administrative order but not longer than a maximum term of twenty-five years following the offender's release from total confinement or twenty-five years subsequent to the entry of the judgment and sentence, whichever period is longer. The court may not reduce the total amount of restitution ordered because the offender may lack the ability to pay the total amount. The department shall supervise the offender's compliance with the restitution ordered under this subsection.

       (4) Regardless of the provisions of subsections (1), (2), and (3) of this section, the court shall order restitution in all cases where the victim is entitled to benefits under the crime victims' compensation act, chapter 7.68 RCW. If the court does not order restitution and the victim of the crime has been determined to be entitled to benefits under the crime victims' compensation act, the department of labor and industries, as administrator of the crime victims' compensation program, may petition the court within one year of entry of the judgment and sentence for entry of a restitution order. Upon receipt of a petition from the department of labor and industries, the court shall hold a restitution hearing and shall enter a restitution order.

       (5) In addition to any sentence that may be imposed, a defendant who has been found guilty of an offense involving fraud or other deceptive practice or an organization which has been found guilty of any such offense may be ordered by the sentencing court to give notice of the conviction to the class of persons or to the sector of the public affected by the conviction or financially interested in the subject matter of the offense by mail, by advertising in designated areas or through designated media, or by other appropriate means.

       (6) This section does not limit civil remedies or defenses available to the victim, survivors of the victim, or defendant including support enforcement remedies for support ordered under subsection (3) of this section for a child born as a result of a rape of a child victim. The court shall identify in the judgment and sentence the victim or victims entitled to restitution and what amount is due each victim. The state or victim may enforce the court-ordered restitution in the same manner as a judgment in a civil action. Restitution collected through civil enforcement must be paid through the registry of the court and must be distributed proportionately according to each victim's loss when there is more than one victim.

       (7) This section shall apply to offenses committed after July 1, 1985.

       Sec. 3. RCW 9.94A.145 and 1999 c 196 s 6 are each amended to read as follows:

       (1) Whenever a person is convicted of a felony, the court may order the payment of a legal financial obligation as part of the sentence. The court must on either the judgment and sentence or on a subsequent order to pay, designate the total amount of a legal financial obligation and segregate this amount among the separate assessments made for restitution, costs, fines, and other assessments required by law. On the same order, the court is also to set a sum that the offender is required to pay on a monthly basis towards satisfying the legal financial obligation. If the court fails to set the offender monthly payment amount, the department shall set the amount. Upon receipt of an offender's monthly payment, after restitution is satisfied, the county clerk shall distribute the payment proportionally among all other fines, costs, and assessments imposed, unless otherwise ordered by the court.

       (2) If the court determines that the offender, at the time of sentencing, has the means to pay for the cost of incarceration, the court may require the offender to pay for the cost of incarceration at a rate of fifty dollars per day of incarceration. Payment of other court-ordered financial obligations, including all legal financial obligations and costs of supervision shall take precedence over the payment of the cost of incarceration ordered by the court. All funds recovered from offenders for the cost of incarceration in the county jail shall be remitted to the county and the costs of incarceration in a prison shall be remitted to the department of corrections.

       (3) The court may add to the judgment and sentence or subsequent order to pay a statement that a notice of payroll deduction is to be immediately issued. If the court chooses not to order the immediate issuance of a notice of payroll deduction at sentencing, the court shall add to the judgment and sentence or subsequent order to pay a statement that a notice of payroll deduction may be issued or other income-withholding action may be taken, without further notice to the offender if a monthly court-ordered legal financial obligation payment is not paid when due, and an amount equal to or greater than the amount payable for one month is owed.

       If a judgment and sentence or subsequent order to pay does not include the statement that a notice of payroll deduction may be issued or other income-withholding action may be taken if a monthly legal financial obligation payment is past due, the department may serve a notice on the offender stating such requirements and authorizations. Service shall be by personal service or any form of mail requiring a return receipt.

       (4) All legal financial obligations that are ordered as a result of a conviction for a felony, may also be enforced in the same manner as a judgment in a civil action by the party or entity to whom the legal financial obligation is owed. Restitution collected through civil enforcement must be paid through the registry of the court and must be distributed proportionately according to each victim's loss when there is more than one victim. The judgment and sentence shall identify the party or entity to whom restitution is owed so that the state, party, or entity may enforce the judgment. If restitution is ordered pursuant to RCW 9.94A.140(3) or 9.94A.142(3) to a victim of rape of a child and the victim's child born from the rape, the Washington state child support registry shall be identified as the party to whom payments must be made. Restitution obligations arising from the rape of a child in the first, second, or third degree that result in the pregnancy of the victim may be enforced for the time periods provided under RCW 9.94A.140(3) and 9.94A.142(3). All other legal financial obligations for an offense committed prior to July 1, 2000, may be enforced at any time during the ten-year period following the offender's release from total confinement or within ten years of entry of the judgment and sentence, whichever period ((is longer)) ends later. Prior to the expiration of the initial ten-year period, the superior court may extend the criminal judgment an additional ten years for payment of legal financial obligations including crime victims' assessments. ((If jurisdiction under the criminal judgment is extended, the department is not responsible for supervision of the offender during the subsequent period)) All other legal financial obligations for an offense committed on or after July 1, 2000, may be enforced at any time the offender remains under the court's jurisdiction. The department of corrections shall supervise the offender's compliance with payment of the legal financial obligations for ten years following the entry of the judgment and sentence, or ten years following the offender's release from total confinement, whichever period ends later. The department is not responsible for supervision of the offender during any subsequent period of time the offender remains under the court's jurisdiction. Independent of the department, the party or entity to whom the legal financial obligation is owed shall have the authority to utilize any other remedies available to the party or entity to collect the legal financial obligation.

       (5) In order to assist the court in setting a monthly sum that the offender must pay during the period of supervision, the offender is required to report to the department for purposes of preparing a recommendation to the court. When reporting, the offender is required, under oath, to truthfully and honestly respond to all questions concerning present, past, and future earning capabilities and the location and nature of all property or financial assets. The offender is further required to bring any and all documents as requested by the department.

       (6) After completing the investigation, the department shall make a report to the court on the amount of the monthly payment that the offender should be required to make towards a satisfied legal financial obligation.

       (7) During the period of supervision, the department may make a recommendation to the court that the offender's monthly payment schedule be modified so as to reflect a change in financial circumstances. If the department sets the monthly payment amount, the department may modify the monthly payment amount without the matter being returned to the court. Also, during the period of supervision, the offender may be required at the request of the department to report to the department for the purposes of reviewing the appropriateness of the collection schedule for the legal financial obligation. During this reporting, the offender is required under oath to truthfully and honestly respond to all questions concerning earning capabilities and the location and nature of all property or financial assets. Also, the offender is required to bring any and all documents as requested by the department in order to prepare the collection schedule.

       (8) After the judgment and sentence or payment order is entered, the department shall for any period of supervision be authorized to collect the legal financial obligation from the offender. Any amount collected by the department shall be remitted daily to the county clerk for the purposes of disbursements. The department is authorized to accept credit cards as payment for a legal financial obligation, and any costs incurred related to accepting credit card payments shall be the responsibility of the offender.

       (9) The department or any obligee of the legal financial obligation may seek a mandatory wage assignment for the purposes of obtaining satisfaction for the legal financial obligation pursuant to RCW 9.94A.2001.

       (10) The requirement that the offender pay a monthly sum towards a legal financial obligation constitutes a condition or requirement of a sentence and the offender is subject to the penalties as provided in RCW 9.94A.200 for noncompliance.

       (11) The county clerk shall provide the department with individualized monthly billings for each offender with an unsatisfied legal financial obligation and shall provide the department with notice of payments by such offenders no less frequently than weekly.

       (12) The department may arrange for the collection of unpaid legal financial obligations through the county clerk, or through another entity if the clerk does not assume responsibility for collection. The costs for collection services shall be paid by the offender.

       Sec. 4. RCW 9.94A.170 and 1999 c 196 s 7 and 1999 c 143 s 14 are each reenacted and amended to read as follows:

       (1) A term of confinement ordered in a sentence pursuant to this chapter shall be tolled by any period of time during which the offender has absented himself or herself from confinement without the prior approval of the entity in whose custody the offender has been placed. A term of partial confinement shall be tolled during any period of time spent in total confinement pursuant to a new conviction or pursuant to sanctions for violation of sentence conditions on a separate felony conviction.

       (2) ((A)) Any term of community custody ((ordered in a sentence pursuant to this chapter)), community placement, or community supervision shall be tolled by any period of time during which the offender has absented himself or herself from supervision without prior approval of the entity under whose ((community custody)) supervision the offender has been placed.

       (3) Any period of community custody, community placement, or community supervision shall be tolled during any period of time the offender is in confinement for any reason. However, if an offender is detained pursuant to RCW 9.94A.207 or 9.94A.195 and is later found not to have violated a condition or requirement of community custody, community placement, or community supervision, time spent in confinement due to such detention shall not toll the period of community custody, community placement, or community supervision.

       (4) For terms of confinement or community custody ((sentences)), community placement, or community supervision, the date for the tolling of the sentence shall be established by the entity responsible for the confinement or ((community custody)) supervision.

       Sec. 5. RCW 10.82.090 and 1995 c 291 s 7 are each amended to read as follows:

       (1) Except as provided in subsection (2) of this section, financial obligations imposed in a judgment shall bear interest from the date of the judgment until payment, at the rate applicable to civil judgments. All nonrestitution interest retained by the court shall be split twenty-five percent to the state treasurer for deposit in the public safety and education account as provided in RCW 43.08.250, twenty-five percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, twenty-five percent to the county current expense fund, and twenty-five percent to the county current expense fund to fund local courts.

       (2) With respect to financial obligations imposed for offenses committed on or after July 1, 2000, interest shall not accrue during any period of time the offender is in total confinement in a state correctional institution as defined in RCW 9.94.049, an institution operated or utilized by the department of corrections, an out-of-state correctional institution, or a federal correctional institution.




       NEW SECTION. Sec. 6. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

       NEW SECTION. Sec. 7. Section 4 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

       Correct the title., and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk


MOTION


      Senator Costa moved that the Senate refuse to concur in the House amendment to Substitute Senate Bill No. 6336 and asks the House to recede therefrom.

      Debate ensued.

      The President declared the question before the Senate to be the motion by Senator Costa that the Senate refuse to concur in the House amendment to Substitute Senate Bill No. 6336 and asks the House to recede therefrom.

      The motion by Senator Costa carried and the Senate refuses to concur in the House amendment to Substitute Senate Bill No. 6336 and asks the House to recede therefrom.


MESSAGE FROM THE HOUSE.

February 29, 2000

MR. PRESIDENT: 

      The House has passed ENGROSSED SENATE BILL NO. 6555 with the following amendment(s):

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 74.14A.050 and 1998 c 245 s 149 are each amended to read as follows:

       The secretary shall:

       (1)(a) Consult with relevant qualified professionals to develop a set of minimum guidelines to be used for identifying all children who are in a state-assisted support system, whether at-home or out-of-home, who are likely to need long-term care or assistance, because they face physical, emotional, medical, mental, or other long-term challenges;

       (b) The guidelines must, at a minimum, consider the following criteria for identifying children in need of long-term care or assistance:

       (i) Placement within the foster care system for two years or more;

       (ii) Multiple foster care placements;

       (iii) Repeated unsuccessful efforts to be placed with a permanent adoptive family;

       (iv) Chronic behavioral or educational problems;

       (v) Repetitive criminal acts or offenses;

       (vi) Failure to comply with court-ordered disciplinary actions and other imposed guidelines of behavior, including drug and alcohol rehabilitation; and

       (vii) Chronic physical, emotional, medical, mental, or other similar conditions necessitating long-term care or assistance;

       (2) Develop programs that are necessary for the long-term care of children and youth that are identified for the purposes of this section. Programs must: (a) Effectively address the educational, physical, emotional, mental, and medical needs of children and youth; and (b) incorporate an array of family support options, to individual needs and choices of the child and family. The programs must be ready for implementation by January 1, 1995;

       (3) Conduct an evaluation of all children currently within the foster care agency caseload to identify those children who meet the criteria set forth in this section. The evaluation shall be completed by January 1, 1994. All children entering the foster care system after January 1, 1994, must be evaluated for identification of long-term needs within ((thirty)) sixty days of placement;

       (4) By region, report to the legislature on the following using aggregate data every six months beginning December 31, 2000:

       (a) The number of children evaluated during the first sixty days of placement as required in subsection (3) of this section;

       (b) The tool or tools used to evaluate children, including the content of the tool and the method by which the tool was validated;

       (c) The findings from the evaluation regarding the children's needs;

       (d) How the department used the results of the evaluation to provide services to the foster child to meet his or her needs;

       (e) Whether and how the evaluation results assisted the department in providing appropriate services to the child, matching the child with an appropriate care provider early on in the child's placement and achieving the child's permanency plan in a timely fashion; and

       (f) The provisions of this subsection are not retroactive. The data reporting applies to placements made on and after the effective date of this act.

       (5) Each region of the department shall make the appropriate number of referrals to the foster care assessment program to ensure that the services offered by the program are used to the extent funded pursuant to the department's contract with the program. The department shall report to the legislature by November 30, 2000, on the number of referrals, by region, to the foster care assessment program. If the regions are not referring an adequate number of cases to the program, the department shall include in its report an explanation of what action it is or has taken to ensure that the referrals are adequate.

       (6) The department shall report to the legislature by December 15, 2000, on how it will use the foster care assessment program model to assess children as they enter out-of-home care.

       (7) The department is to accomplish the tasks listed in subsections (4) through (6) of this section within existing resources.

       (8) Study and develop a comprehensive plan for the evaluation and identification of all children and youth in need of long-term care or assistance, including, but not limited to, the mentally ill, developmentally disabled, medically fragile, seriously emotionally or behaviorally disabled, and physically impaired;

       (((5))) (9) Study and develop a plan for the children and youth in need of long-term care or assistance to ensure the coordination of services between the department's divisions and between other state agencies who are involved with the child or youth;

       (((6))) (10) Study and develop guidelines for transitional services, between long-term care programs, based on the person's age or mental, physical, emotional, or medical condition; and

       (((7))) (11) Study and develop a statutory proposal for the emancipation of minors."

       Correct the title.,and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk


MOTION


      Senator Costa moved that the Senate refuse to concur in the House amendment to Engrossed Senate Bill No. 6555 and asks the House to recede therefrom.

      Debate ensued.




      The President declared the question before the Senate to be the motion by Senator Costa that the Senate refuse to concur in the House amendment to Engrossed Senate Bill No. 6555 and asks the House to recede therefrom.

      The motion by Senator Costa carried and the Senate refuses to concur in the House amendment to Engrossed Senate Bill No. 6555 and asks the House to recede therefrom.


MESSAGE FROM THE HOUSE.

March 2, 2000


MR. PRESIDENT: 

      The House has passed SUBSTITUTE SENATE BILL NO. 6781 with the following amendment(s):

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 90.64 RCW to read as follows:

       (1) A dairy nutrient management task force is created that shall be comprised of no more than fifteen members, who are appointed as follows:

       (a) Two members of the house of representatives, one from each major caucus, appointed by the co-speakers of the house of representatives;

       (b) Two members of the senate, one from each major caucus, appointed by the president of the senate;

       (c) A representative of the department of ecology, appointed by the director of ecology;

       (d) A representative of the state conservation commission, appointed by its executive secretary;

       (e) A representative of local conservation districts, appointed by the president of a state-wide association of conservation districts;

       (f) A representative of local health departments, appointed by the Washington state association of local public health officials;

       (g) A representative of commercial shellfish growers, appointed by a state-wide organization representing oyster growers;

       (h) Three active dairy farmers, appointed by a state-wide organization representing dairy farmers in the state, who shall be from different regions and different sizes of dairy operations;

       (i) A representative of an environmental interest organization with familiarity and expertise in water quality issues, appointed by a state-wide organization representing environmental interests;

       (j) A representative of the United States environmental protection agency, appointed by the regional director of the agency if the agency chooses to be represented on the task force; and

       (k) A representative of the United States natural resources conservation service, appointed by the state conservationist of that agency for this state, if the agency chooses to be represented on the task force.

       (2) The task force shall convene as soon as possible upon appointment of its members. The task force shall elect a chair and adopt rules for conducting the business of the task force. Staff support for the task force shall be provided by the Washington state conservation commission.

       (3) This section expires June 30, 2004.

       NEW SECTION. Sec. 2. A new section is added to chapter 90.64 RCW to read as follows:

       (1) By December 31, 2000, the task force shall recommend to the department and to the legislature:

       (a) Clarification of key terms and phrases such as, but not limited to, "potential to pollute," that are used in the administration of this chapter and other statutes on water quality;

       (b) How frequently dairy nutrient management plans should be updated, considering the evolution of technical standards developed by the natural resources conservation service;

       (c) Considering the report under section 3 of this act, the disposition of penalties collected from dairy producers under chapter 90.48 RCW;

       (d) Considering the report under section 4 of this act, recommended sources of funding to meet the needs identified in the report;

       (e) The extent to which engineering expertise is required to implement the provisions of this chapter;

       (f) How to address responsibility for contamination originating from neighboring farms; and

       (g) Clarification of the duties of the department as they pertain to initial inspections of dairy farms.

       (2) The task force shall make recommendations to the department and to the legislature on any other issues, and at such times, as the task force deems important to the successful implementation of this chapter.

       (3) This section expires June 30, 2004.

       NEW SECTION. Sec. 3. (1) By September 1, 2000, the department of ecology shall report to the dairy nutrient management task force on the penalties assessed on dairy producers for violations of chapters 90.48 and 90.64 RCW since January 1, 1998. The report shall indicate the amount of money from these penalties that was deposited into the coastal protection fund created under RCW 90.48.390 and the amount deposited into the dairy waste management account created under RCW 90.64.150. The report shall also indicate the purposes for which moneys reported under this section were expended.

       (2) This section expires December 31, 2000.

       NEW SECTION. Sec. 4. (1) By September 1, 2000, the office of financial management shall make recommendations to the dairy nutrient management task force on how to provide adequate funding for the dairy nutrient management program. The recommendations shall include an identification of need, if any, for additional funding for each of the following purposes:

       (a) To perform functions required by conservation districts and the state conservation commission;

       (b) To provide technical assistance for development of dairy nutrient management plans; and

       (c) For cost-share moneys for implementation of the plans based on fifty percent of the eligible costs to be derived from public sources. The recommendations shall be for the amount of funding for these purposes that is required each fiscal year through June 30, 2004, in order to meet the deadlines established in chapter 90.64 RCW.

       (2) The office of financial management shall submit its written recommendations to the co-chief clerks of the house of representatives and the secretary of the senate.

       (3) This section expires December 31, 2000."

       Correct the title., and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk


MOTION


      Senator Rasmussen moved that the Senate refuse to concur in the House amendment to Substitute Senate Bill No. 6781 and asks the House to recede therefrom.

      Debate ensued.

      The President declared the question before the Senate to be the motion by Senator Rasmussen that the Senate refuse to concur in the House amendment to Substitute Senate Bill No. 6781 and asks the House to recede therefrom.

      The motion by Senator Rasmussen carried and the Senate refuses to concur in the House amendment to Substitute Senate Bill No. 6781 and asks the House to recede therefrom.



MESSAGE FROM THE HOUSE.


February 29, 2000


MR. PRESIDENT: 

      The House has adopted ENGROSSED SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8425 with the following amendment(s):

       Beginning on page 1, line 1, strike the remainder of the resolution and insert the following:

       "WHEREAS, Chapter 370, Laws of 1985, created the Washington Higher Education Coordinating Board to plan, coordinate, and provide policy analysis for higher education and to represent the broad public interest above the interests of individual colleges and universities; and

       WHEREAS, Section 4, chapter 370, Laws of 1985, requires the board to prepare and update a master plan for higher education and requires the Legislature, by concurrent resolution, to "approve or recommend changes" to the master plan and its subsequent updates; and

       WHEREAS, The provisions of the master plan that are approved by the Legislature become state higher education policy unless legislation is subsequently enacted to revise those policies; and

       WHEREAS, The Washington Higher Education Coordinating Board submitted the initial master plan to the Legislature in December 1987, and submitted updates to the plan in December 1992, January 1996, and January 2000; and

       WHEREAS, During the process used to develop the 2000 master plan, the board consulted with students and families, educators, business, labor, and civic organizations representing a cross-section of Washington citizens; and

       WHEREAS, The board learned that the need and expectation for higher education among Washington citizens will continue to grow through the next decade, because of population increases as well as the demands of the state's increasingly technology-based economy; and

       WHEREAS, The board reported that Washington's public and private colleges and universities and career schools would need to provide opportunities for additional students by the year 2010; and

       WHEREAS, The board has spelled out its commitment to continuing to expand enrollment opportunities for Washington students, to keep public higher education affordable for students and families, and to provide financial assistance to those who cannot otherwise afford to go to college; and

       WHEREAS, The board identified five specific goals for the state to address higher education needs in the next ten years:

       (1) Making student learning the yardstick by which institutional accountability, effectiveness, and efficiency is measured;

       (2) Linking students' participation in higher education to their achievement in the K-12 grades;

       (3) Providing the information citizens need to make the best use of the learning pathways available to them;

       (4) Enhancing higher education opportunity through greater use of e-learning technologies and by increasingly efficient use of public facilities; and

       (5) Helping colleges and universities meet student needs and compete in an increasingly competitive and complex education marketplace; and

       WHEREAS, The board challenged itself, students, and families, the public and private institutions, the private sector, and the state to each accept its individual responsibilities and to collaborate in the development of solutions; and

       WHEREAS, The board described an implementation plan to guide the state's response to the needs of higher education and to estimate the costs of the strategies;

       NOW, THEREFORE, BE IT RESOLVED, By the Senate of the State of Washington, the House of Representatives concurring, That the Washington Higher Education Coordinating Board be commended for its dedication and commitment to the State of Washington in producing the 2000 update of the master plan for higher education titled "The 21st Century Learner"; and

       BE IT FURTHER RESOLVED, That the Legislature thank the board for describing many of the challenges facing the state in its attempts to provide the postsecondary education and training our citizens need to fulfill their personal goals and participate fully in the world of the twenty-first century; and

       BE IT FURTHER RESOLVED, That the Legislature reaffirm its commitment to create postsecondary opportunities in response to actual demand from citizens for access to high-quality education and training programs; and

       BE IT FURTHER RESOLVED, That the board reexamine its assumptions with regard to projected upper division and graduate enrollments, and that the plan reexamine the role of the community and technical colleges in meeting the postsecondary needs of a significant portion of Washington's population; and

       BE IT FURTHER RESOLVED, That the board reexamine its assumptions with regard to the capital needs of the community and technical colleges and the four-year institutions of higher education, including their branch campuses; and

       BE IT FURTHER RESOLVED, That a joint select committee on the future facility needs of higher education be established to review the proposed higher education enrollment levels in the state master plan, review the facility needs for future students, and review the funding options for additional higher education facilities in the state. The committee shall consist of eight members, four members each selected by the President of the Senate and the Co-Speakers of the House of Representatives and that the committee include members from the House Capital Budget Committee, House Appropriations Committee, House Higher Education Committee, Senate Ways and Means Committee, and Senate Higher Education Committee. The joint select committee shall report its findings and recommendations to the Legislature at the regular session held in 2001; and

       BE IT FURTHER RESOLVED, That the Legislature approve the following recommendations of the 2000 update of the master plan:

       (1) The goal that, by the year 2010, Washington's system of postsecondary education needs to provide opportunities for additional students to enroll in high-quality education and training programs;

       (2) That solutions to the challenge may be found in strategies that (a) make student learning the yardstick by which institutional accountability, effectiveness, and efficiency is measured; and (b) link students' participation in higher education to their achievement in the K-12 grades;

       (3) Provide the information citizens need to make the best use of the learning pathways available to them, and support outreach efforts designed to ensure that the higher education system reflects the diversity of the state's population;

       (4) Expand the use of e-learning technologies and use public facilities to the fullest extent possible; and

       (5) Help colleges and universities meet student needs and compete in an increasingly competitive and complex education marketplace; and

       BE IT FURTHER RESOLVED, That the board examine alternatives to address the operating and capital budget needs that are identified in the 2000 update of the master plan; and

       BE IT FURTHER RESOLVED, That the board proceed with the implementation of the 2000 update of the master plan as described in "The 21st Century Learner" and report to the 2001 Legislature on progress toward implementing its strategies and on the results of its review of projected enrollments and capital needs assumptions.", and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk


MOTION


      Senator Kohl-Welles moved that the Senate refuse to concur in the House amendment to Engrossed Substitute Senate Concurrent Resolution No. 8425 and asks the House to recede therefrom.

      Debate ensued.

      The President declared the question before the Senate to be the motion by Senator Kohl-Welles that the Senate refuse to concur in the House amendment to Engrossed Substitute Senate Concurrent Resolution No. 8425 and asks the House to recede therefrom.

      The motion by Senator Kohl-Welles carried and the Senate refuses to concur in the House amendment to Engrossed Substitute Senate Concurrent Resolution No. 8425 and asks the House to recede therefrom.



MESSAGE FROM THE HOUSE.

March 3, 2000

MR. PRESIDENT: 

      The House has passed SUBSTITUTE SENATE BILL NO. 6194 with the following amendment(s):

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 70.93.030 and 1998 c 257 s 3 are each amended to read as follows:

       As used in this chapter unless the context indicates otherwise:

       (1) "Conveyance" means a boat, airplane, or vehicle;

       (2) "Department" means the department of ecology;

       (((2))) (3) "Director" means the director of the department of ecology;

       (((3))) (4) "Disposable package or container" means all packages or containers defined as such by rules and regulations adopted by the department of ecology;

       (((4))) (5) "Junk vehicle" has the same meaning as defined in RCW 46.55.010;

       (6) "Litter" means all waste material including but not limited to disposable packages or containers thrown or deposited as herein prohibited and solid waste that is illegally dumped, but not including the wastes of the primary processes of mining, logging, sawmilling, farming, or manufacturing;

       (((5))) (7) "Litter bag" means a bag, sack, or other container made of any material which is large enough to serve as a receptacle for litter inside the vehicle or watercraft of any person. It is not necessarily limited to the state approved litter bag but must be similar in size and capacity;

       (((6))) (8) "Litter receptacle" means those containers adopted by the department of ecology and which may be standardized as to size, shape, capacity, and color and which shall bear the state anti-litter symbol, as well as any other receptacles suitable for the depositing of litter;

       (((7))) (9) "Person" means any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual, or other entity whatsoever;

       (((8))) (10) "Public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests;

       (11) "Recycling" means transforming or remanufacturing waste materials into a finished product for use other than landfill disposal or incineration;

       (((9))) (12) "Recycling center" means a central collection point for recyclable materials;

       (((10))) (13) "To litter" means a single or cumulative act of disposing of litter;

       (14) "Vehicle" includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks;

       (((11))) (15) "Waste reduction" means reducing the amount or toxicity of waste generated or reusing materials;

       (((12))) (16) "Watercraft" means any boat, ship, vessel, barge, or other floating craft((;

       (13) "Public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests)).

       Sec. 2. RCW 70.93.060 and 1997 c 159 s 1 are each amended to read as follows:

       (1) It is a violation of this section to abandon a junk vehicle upon any property located in an unincorporated area of a county. In addition, no person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public property in the state or upon private property in this state not owned by him or her or in the waters of this state whether from a vehicle or otherwise including but not limited to any public highway, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley except:

       (a) When the property is designated by the state or its agencies or political subdivisions for the disposal of garbage and refuse, and the person is authorized to use such property for that purpose;

       (b) Into a litter receptacle in a manner that will prevent litter from being carried away or deposited by the elements upon any part of said private or public property or waters.

       (2)(a) Except as provided in subsection (4) of this section, it is a class 3 civil infraction as provided in RCW 7.80.120 for a person to litter in an amount less than or equal to one cubic foot.

       (b) It is a class 1 civil infraction as provided in RCW 7.80.120 for a person to litter in an amount greater than one cubic foot in an incorporated area of a county. Unless suspended or modified by a court, the person shall also pay a litter cleanup fee of twenty-five dollars per cubic foot of litter. The court may, in addition to or in lieu of part or all of the cleanup fee, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property.

       (c) It is a misdemeanor for a person to litter in an amount greater than one cubic foot but less than one cubic yard in an unincorporated area of a county. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or fifty dollars per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the law enforcement agency investigating the incident. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter.

       (d) It is a gross misdemeanor for a person to litter in an amount of one cubic yard or more in an unincorporated area of a county. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or one hundred dollars per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the law enforcement agency investigating the incident. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter.

       (e) If a junk vehicle is abandoned in violation of this section, RCW 46.55.230 governs the vehicle's removal, disposal, and sale, and the penalties that may be imposed against the person who abandoned the vehicle.

       (3) If the violation occurs in a state park, the court shall, in addition to any other penalties assessed, order the person to perform twenty-four hours of community service in the state park where the violation occurred if the state park has stated an intent to participate as provided in RCW ((43.51.048(2))) 79A.05.050.

       (4) It is a class 1 civil infraction as provided in RCW 7.80.120 for a person to discard, in violation of this section, a cigarette, cigar, or other tobacco product that is capable of starting a fire.

       Sec. 3. RCW 70.95.240 and 1998 c 36 s 19 are each amended to read as follows:

       (1) After the adoption of regulations or ordinances by any county, city, or jurisdictional board of health providing for the issuance of permits as provided in RCW 70.95.160, it shall be unlawful for any person to dump or deposit or permit the dumping or depositing of any solid waste onto or under the surface of the ground or into the waters of this state except at a solid waste disposal site for which there is a valid permit. This section does not:

       (a) Prohibit a person from dumping or depositing solid waste resulting from his or her own activities onto or under the surface of ground owned or leased by him or her when such action does not violate statutes or ordinances, or create a nuisance;

       (b) Apply to a person using a waste-derived soil amendment that has been approved by the department under RCW 70.95.205; or

       (c) Apply to the application of commercial fertilizer that has been registered with the department of agriculture as provided in RCW 15.54.325, and that is applied in accordance with the standards established in RCW 15.54.800(3).

       (2)(a) It is a class 3 civil infraction as defined in RCW 7.80.120 for a person to litter in an amount less than or equal to one cubic foot.

       (b) It is a class 1 civil infraction as defined in RCW 7.80.120 for a person to litter in an amount greater than one cubic foot in an unincorporated area of a county. Unless suspended or modified by a court, the person shall also pay a litter cleanup fee of twenty-five dollars per cubic foot of litter. The court may, in addition to or in lieu of part or all of the cleanup fee, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property.

       (c) It is a misdemeanor for a person to litter in an amount greater than one cubic foot but less than one cubic yard in an unincorporated area of a county. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or fifty dollars per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the jurisdictional health department investigating the incident. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter.

       (d) It is a gross misdemeanor for a person to litter in an amount of one cubic yard or more in an unincorporated area of a county. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or one hundred dollars per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the jurisdictional health department investigating the incident. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter.

       (e) If a junk vehicle is abandoned in violation of this chapter, RCW 46.55.230 governs the vehicle's removal, disposal, and sale, and the penalties that may be imposed against the person who abandoned the vehicle.

       Sec. 4. RCW 46.55.230 and 1991 c 292 s 2 are each amended to read as follows:

       (1) Notwithstanding any other provision of law, any law enforcement officer having jurisdiction, or any employee or officer of a jurisdictional health department acting pursuant to RCW 70.95.240, or any person authorized by the director shall inspect and may authorize the disposal of an abandoned junk vehicle. The person making the inspection shall record the make and vehicle identification number or license number of the vehicle if available, and shall also verify that the approximate value of the junk vehicle is equivalent only to the approximate value of the scrap in it.

       (2) The law enforcement officer or department representative shall provide information on the vehicle's registered and legal owner to the landowner.

       (3) Upon receiving information on the vehicle's registered and legal owner, the landowner shall mail a notice to the registered and legal owners shown on the records of the department. The notification shall describe the redemption procedure and the right to arrange for the removal of the vehicle.

       (4) If the vehicle remains unclaimed more than fifteen days after the landowner has mailed notification to the registered and legal owner, the landowner may dispose of the vehicle or sign an affidavit of sale to be used as a title document.

       (5) If no information on the vehicle's registered and legal owner is found in the records of the department, the landowner may immediately dispose of the vehicle or sign an affidavit of sale to be used as a title document.

       (6)(a) It is a class 1 civil infraction as defined in RCW 7.80.120 for a person to abandon a junk vehicle on property located in an incorporated area. If a junk vehicle is abandoned in an incorporated area, the landowner of the property upon which the junk vehicle is located is entitled to recover from the vehicle's registered owner any costs incurred in the removal of the junk vehicle.

       (b) It is a misdemeanor for a person to abandon a junk vehicle on property located in an unincorporated area. If a junk vehicle is abandoned in an unincorporated area, the vehicle's registered owner shall also pay a cleanup restitution payment equal to twice the costs incurred in the removal of the junk vehicle. The court shall distribute one-half of the restitution payment to the landowner of the property upon which the junk vehicle is located, and one-half of the restitution payment to the law enforcement agency or jurisdictional health department investigating the incident.

       (7) For the purposes of this section, the term "landowner" includes a legal owner of private property, a person with possession or control of private property, or a public official having jurisdiction over public property.

       (8) A person complying in good faith with the requirements of this section is immune from any liability arising out of an action taken or omission made in the compliance.

       NEW SECTION. Sec. 5. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

       Correct the title., and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk


MOTION


      Senator Jacobsen moved that the Senate refuse to concur in the House amendment to Substitute Senate Bill No. 6194 and asks the House to recede therefrom.

      Debate ensued.

      The President declared the question before the Senate to be the motion by Senator Jacobsen that the Senate refuse to concur in the House amendment to Substitute Senate Bill No. 6194 and asks the House to recede therefrom.

      The motion by Senator Jacobsen carried and the Senate refuses to concur in the House amendment to Substitute Senate Bill No. 6194 and asks the House to recede therefrom.


MESSAGE FROM THE HOUSE.

February 29, 2000


MR. PRESIDENT: 

      The House has passed SUBSTITUTE SENATE BILL NO. 5518 with the following amendment(s):

       On page 3, line 3, after "improving" strike "youth or" and insert "((youth or))"

       On page 3, beginning on line 29, strike all of section 3

       Correct the title., and the same are herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk


MOTION


      Senator Jacobsen moved that the Senate concur in the House amendments to Substitute Senate Bill No. 5518.


POINT OF INQUIRY


      Senator McDonald: “Senator Jacobsen, this is catching me a little bit by surprise, but I wonder if you could explain a little bit more about the amendment that we will take off on this.”

      Senator Jacobsen: “Well, the amendment which came out of committee requires that cities that zone, existing now--athletic facilities for alternate use replace those fields with twice the amount of space for new athletic fields and it involved issuance in one city where the city had turned a field into a housing area. The cities were opposed to that and felt that that was a zoning issue rather than--and this bill essentially deals with trying to develop additional funds for community outdoor athletic facilities.”

      Further debate ensued.


MOTION


      On motion of Senator Goings, further consideration of Substitute Senate Bill No. 5518 was deferred.


MESSAGE FROM THE HOUSE.

March 1, 2000


MR. PRESIDENT: 

      The House has passed SENATE BILL NO. 6190 with the following amendment(s):

       On page 2, after line 14, insert the following:

       NEW SECTION. Sec. 2. (1) The legislature finds that there is a need to study the use of eminent domain and its application under contemporary jurisprudence. It is the intent of the legislature to create a joint study group to study ways to expedite resolution of public use disputes in eminent domain proceedings.

       (2) The study group shall consist of two legislators from each caucus of the senate and house of representatives, as appointed by leaders of the each caucus respectively.

       (3) The study group shall review the need, use, application, and effects of eminent domain, current case law on eminent domain, the impact on the courts of the exercise of eminent domain, and ways to expedite resolution of public use disputes in eminent domain proceedings.

       (4) The study group shall review other issues related to eminent domain as desired by the study group.

       (5) House office of program research and senate committee services shall provide staff and administrative support for the study group.

       (6) This section shall expire December 31, 2000.”, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk


MOTION


      On motion of Senator Heavey, the Senate concurred the House amendment to Senate Bill No. 6190.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6190, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6190, as amended by the House, 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, 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, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.                  Excused: Senators Hale, Hargrove and Sellar - 3.

      SENATE BILL NO. 6190, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


      There being no objection, the Senate resumed consideration of the Message from the House regarding Substitute Senate Bill No. 5518 and the pending motion by Senator Jacobsen to concur in the House amendments.

      Debate ensued.

      The President declared the question before the Senate to be the motion by Senator Jacobsen to concur in the House amendments to Substitute Senate Bill No. 5518.

      The motion by Senator Jacobsen carried and the Senate concurred in the House amendments to Substitute Senate Bill No. 5518.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5518, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5518, as amended by the House, 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, Haugen, Heavey, 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, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.  Absent: Senator Hochstatter - 1.

       Excused: Senators Hale, Hargrove and Sellar - 3.

      SUBSTITUTE SENATE BILL NO. 5518, as amended by the House, 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.


MESSAGE FROM THE HOUSE.

February 29, 2000

MR. PRESIDENT: 

      The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6220 with the following amendment(s):

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 46.96 RCW to read as follows:

       (1) Notwithstanding the terms of a franchise agreement, a manufacturer, distributor, factory branch, or factory representative, or an agent, officer, parent company, wholly or partially owned subsidiary, affiliated entity, or other person controlled by or under common control with a manufacturer, distributor, factory branch, or factory representative, shall not:

       (a) Discriminate between new motor vehicle dealers by selling or offering to sell a like vehicle to one dealer at a lower actual price than the actual price offered to another dealer for the same model similarly equipped;



       (b) Discriminate between new motor vehicle dealers by selling or offering to sell parts or accessories to one dealer at a lower actual price than the actual price offered to another dealer;

       (c) Discriminate between new motor vehicle dealers by using a promotion plan, marketing plan, or other similar device that results in a lower actual price on vehicles, parts, or accessories being charged to one dealer over another dealer;

       (d) Discriminate between new motor vehicle dealers by adopting a method, or changing an existing method, for the allocation, scheduling, or delivery of new motor vehicles, parts, or accessories to its dealers that is not fair, reasonable, and equitable. Upon the request of a dealer, a manufacturer, distributor, factory branch, or factory representative shall disclose in writing to the dealer the method by which new motor vehicles, parts, and accessories are allocated, scheduled, or delivered to its dealers handling the same line or make of vehicles;

       (e) Give preferential treatment to some new motor vehicle dealers over others by refusing or failing to deliver, in reasonable quantities and within a reasonable time after receipt of an order, to a dealer holding a franchise for a line or make of motor vehicles sold or distributed by the manufacturer, distributor, factory branch, or factory representative, a new vehicle, parts, or accessories, if the vehicle, parts, or accessories are being delivered to other dealers, or require a dealer to purchase unreasonable advertising displays or other materials, or unreasonably require a dealer to remodel or renovate existing facilities as a prerequisite to receiving a model or series of vehicles;

       (f) Compete with a new motor vehicle dealer by acting in the capacity of a new motor vehicle dealer, or by owning, operating, or controlling, whether directly or indirectly, a motor vehicle dealership in this state. It is not, however, a violation of this subsection for:

       (i) A manufacturer, distributor, factory branch, or factory representative to own or operate a dealership for a temporary period, not to exceed two years, during the transition from one owner of the dealership to another where the dealership was previously owned by a franchised dealer and is currently for sale to any qualified independent person at a fair and reasonable price. The temporary operation may be extended for one twelve-month period on petition of the temporary operator to the department. The matter will be handled as an adjudicative proceeding under chapter 34.05 RCW. A dealer who is a franchisee of the petitioning manufacturer or distributor may intervene and participate in a proceeding under this subsection (1)(f)(i). The temporary operator has the burden of proof to show justification for the extension and a good faith effort to sell the dealership to an independent person at a fair and reasonable price;

       (ii) A manufacturer, distributor, factory branch, or factory representative to own or operate a dealership in conjunction with an independent person in a bona fide business relationship for the purpose of broadening the diversity of its dealer body and enhancing opportunities for qualified persons who are part of a group who have historically been underrepresented in its dealer body, or other qualified persons who lack the resources to purchase a dealership outright, and where the independent person: (A) Has made a significant, bona fide capital investment in the dealership that is subject to loss; (B) has an ownership interest in the dealership; and (C) operates the dealership under a bona fide written agreement with the manufacturer, distributor, factory branch, or factory representative under which he or she will acquire all of the ownership interest in the dealership within a reasonable period of time and under reasonable terms and conditions. The manufacturer, distributor, factory branch, or factory representative has the burden of proof of establishing that the acquisition of the dealership by the independent person was made within a reasonable period of time and under reasonable terms and conditions;

       (iii) A manufacturer, distributor, factory branch, or factory representative to own or operate a dealership in conjunction with an independent person in a bona fide business relationship where the independent person: (A) Has made a significant, bona fide capital investment in the dealership that is subject to loss; (B) has an ownership interest in the dealership; and (C) operates the dealership under a bona fide written agreement with the manufacturer, distributor, factory branch, or factory representative under which he or she will acquire all of the ownership interest in the dealership within a reasonable period of time and under reasonable terms and conditions. The manufacturer, distributor, factory branch, or factory representative has the burden of proof of establishing that the acquisition of the dealership by the independent person was made within a reasonable period of time and under reasonable terms and conditions. The number of dealerships operated under this subsection (1)(f)(iii) may not exceed four percent rounded up to the nearest whole number of a manufacturer's total of new motor vehicle dealer franchises in this state;

       (iv) A truck manufacturer to own, operate, or control a new motor vehicle dealership that sells only trucks of that manufacturer's line make with a gross vehicle weight rating of 12,500 pounds or more, and the truck manufacturer has been continuously engaged in the retail sale of the trucks at least since January 1, 1993; or

       (v) A manufacturer to own, operate, or control a new motor vehicle dealership trading exclusively in a single line make of the manufacturer if (A) the manufacturer does not own, directly or indirectly, in the aggregate, in excess of forty-five percent of the total ownership interest in the dealership, (B) at the time the manufacturer first acquires ownership or assumes operation or control of any such dealership, the distance between any dealership thus owned, operated, or controlled and the nearest new motor vehicle dealership trading in the same line make of vehicle and in which the manufacturer has no ownership or control is not less than fifteen miles and complies with the applicable provisions in the relevant market area sections of this chapter, (C) all of the manufacturer's franchise agreements confer rights on the dealer of that line make to develop and operate within a defined geographic territory or area, as many dealership facilities as the dealer and the manufacturer agree are appropriate, and (D) as of January 1, 2000, the manufacturer had no more than four new motor vehicle dealers of that manufacturer's line make in this state, and at least half of those dealers owned and operated two or more dealership facilities in the geographic territory or area covered by their franchise agreements with the manufacturer;

       (g) Compete with a new motor vehicle dealer by owning, operating, or controlling, whether directly or indirectly, a service facility in this state for the repair or maintenance of motor vehicles under the manufacturer's new car warranty and extended warranty. Nothing in this subsection (1)(g), however, prohibits a manufacturer, distributor, factory branch, or factory representative from owning or operating a service facility for the purpose of providing or performing maintenance, repair, or service work on motor vehicles that are owned by the manufacturer, distributor, factory branch, or factory representative;

       (h) Use confidential or proprietary information obtained from a new motor vehicle dealer to unfairly compete with the dealer. For purposes of this subsection (1)(h), "confidential or proprietary information" means trade secrets as defined in RCW 19.108.010, business plans, marketing plans or strategies, customer lists, contracts, sales data, revenues, or other financial information.

       (2) Subsection (1)(a), (b), and (c) of this section do not apply to sales to a motor vehicle dealer: (a) For resale to a federal, state, or local government agency; (b) where the vehicles will be sold or donated for use in a program of driver's education; (c) where the sale is made under a manufacturer's bona fide promotional program offering sales incentives or rebates; (d) where the sale of parts or accessories is under a manufacturer's bona fide quantity discount program; or (e) where the sale is made under a manufacturer's bona fide fleet vehicle discount program. For purposes of this subsection, "fleet" means a group of fifteen or more new motor vehicles purchased or leased by a dealer at one time under a single purchase or lease agreement for use as part of a fleet, and where the dealer has been assigned a fleet identifier code by the department of licensing.

       (3) The following definitions apply to this section:

       (a) "Actual price" means the price to be paid by the dealer less any incentive paid by the manufacturer, distributor, factory branch, or factory representative, whether paid to the dealer or the ultimate purchaser of the vehicle.

       (b) "Control" or "controlling" means (i) the possession of, title to, or control of ten percent or more of the voting equity interest in a person, whether directly or indirectly through a fiduciary, agent, or other intermediary, or (ii) the possession, direct or indirect, of the power to direct or cause the direction of the management or policies of a person, whether through the ownership of voting securities, through director control, by contract, or otherwise, except as expressly provided under the franchise agreement.

       (c) "Motor vehicles" does not include trucks that are 14,001 pounds gross vehicle weight and above or recreational vehicles as defined in RCW 43.22.335.

       (d) "Operate" means to manage a dealership, whether directly or indirectly.

       (e) "Own" or "ownership" means to hold the beneficial ownership of one percent or more of any class of equity interest in a dealership, whether the interest is that of a shareholder, partner, limited liability company member, or otherwise. To hold an ownership interest means to have possession of, title to, or control of the ownership interest, whether directly or indirectly through a fiduciary, agent, or other intermediary.

       (4) A violation of this section is deemed to affect the public interest and constitutes an unlawful and unfair practice under chapter 19.86 RCW. A person aggrieved by an alleged violation of this section may petition the department to have the matter handled as an adjudicative proceeding under chapter 34.05 RCW."

       Correct the title., and the same are herewith transmitted.


TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk


MOTION


      Senator Prentice moved that the Senate concur in the House amendment to Engrossed Substitute Senate Bill No. 6220.

      Debate ensued.

      The President declared the question before the Senate to be the motion by Senator Prentice that the Senate concur in the House amendment to Engrossed Substitute Senate Bill No. 6220.

      The motion by Senator Prentice carried and the Senate concurred in the House amendment to Engrossed Substitute Senate Bill No. 6220.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6220, as amended by the House.

.

ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6220, as amended by the House, 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, Haugen, Heavey, 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, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45. Absent: Senator Hochstatter - 1.       Excused: Senators Hale, Hargrove and Sellar - 3.                 ENGROSSED SUBSTITUTE SENATE BILL NO. 6220, as amended by the House, 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 McCaslin, Senator Hochstatter was excused.


MESSAGE FROM THE HOUSE.

March 1, 2000


MR. PRESIDENT: 

      The House has passed SUBSTITUTE SENATE BILL NO. 6210 with the following amendment(s):On page 36, after line 5, strike sections 27 and 28 and insert the following:

       "Sec. 27. RCW 43.21I.010 and 1992 c 73 s 4 are each amended to read as follows:

       (1) There is hereby created ((an agency of state government to be known as the office of marine safety. The office)) within the department of ecology an oil spill prevention program. For the program, the department shall be vested with all powers and duties transferred to it from the office of marine safety and such other powers and duties as may be authorized by law. The main administrative office ((of)) for the ((office)) program shall be located in the city of Olympia. The ((administrator)) director may establish administrative facilities in other locations, if deemed necessary for the efficient operation of the ((office)) program, and if consistent with the principles set forth in subsection (2) of this section.

       (2) The ((office of marine safety)) oil spill prevention program shall be organized consistent with the goals of providing state government with a focus in marine transportation and serving the people of this state. The legislature recognizes that the ((administrator)) director needs sufficient organizational flexibility to carry out the ((office's)) program's various duties. To the extent practical, the ((administrator)) director shall consider the following organizational principles:

       (a) Clear lines of authority which avoid functional duplication within and between subelements of the ((office)) program;

       (b) A clear and simplified organizational design promoting accessibility, responsiveness, and accountability to the legislature, the consumer, and the general public; and

       (c) Maximum span of control without jeopardizing adequate supervision.

       (3) The ((office)) department, through the program, shall provide leadership and coordination in identifying and resolving threats to the safety of marine transportation and the impact of marine transportation on the environment:

       (a) Working with other state agencies and local governments to strengthen the state and local governmental partnership in providing public protection;

       (b) Providing expert advice to the executive and legislative branches of state government;

       (c) Providing active and fair enforcement of rules;

       (d) Working with other federal, state, and local agencies and facilitating their involvement in planning and implementing marine safety measures;

       (e) Providing information to the public; and

       (f) Carrying out such other related actions as may be appropriate to this purpose.

       (4) In accordance with the administrative procedure act, chapter 34.05 RCW, the ((office)) department shall ensure an opportunity for consultation, review, and comment before the adoption of standards, guidelines, and rules.

       (5) Consistent with the principles set forth in subsection (2) of this section, the ((administrator)) director may create such administrative divisions, offices, bureaus, and programs within the ((office)) program as the ((administrator)) director deems necessary. The ((administrator)) director shall have complete charge of and supervisory powers over the ((office)) program, except where the ((administrator's)) director's authority is specifically limited by law.

       (6) The ((administrator)) director shall appoint such personnel as are necessary to carry out the duties of the ((office)) program. In addition to exemptions set forth in RCW 41.06.070(((28), the administrator, the administrator's confidential secretary, and)), up to four professional staff members shall be exempt from the provisions of chapter 41.06 RCW. All other employees of the ((office)) program shall be subject to the provisions of chapter 41.06 RCW.

       (7) The definitions in this section apply throughout this chapter.

       (a) "Department" means the department of ecology.

       (b) "Director" means the director of the department.

       Sec. 28. RCW 43.21I.030 and 1992 c 73 s 11 are each amended to read as follows:

       In addition to any other powers granted the ((administrator)) director, the ((administrator)) director may:

       (1) Adopt, in accordance with chapter 34.05 RCW, rules necessary to carry out the provisions of this chapter and chapter 88.46 RCW;

       (2) Appoint such advisory committees as may be necessary to carry out the provisions of this chapter and chapter 88.46 RCW. Members of such advisory committees are authorized to receive travel expenses in accordance with RCW 43.03.050 and 43.03.060. The ((administrator)) director shall review each advisory committee within the jurisdiction of the ((office)) program and each statutory advisory committee on a biennial basis to determine if such advisory committee is needed. The criteria specified in RCW 43.131.070 shall be used to determine whether or not each advisory committee shall be continued;

       (3) Undertake studies, research, and analysis necessary to carry out the provisions of this chapter and chapter 88.46 RCW;

       (4) Delegate powers, duties, and functions of the ((office)) program to employees of the ((office)) department as the ((administrator)) director deems necessary to carry out the provisions of this chapter and chapter 88.46 RCW;

       (5) Enter into contracts on behalf of the ((office)) department to carry out the purposes of this chapter and chapter 88.46 RCW;

       (6) Act for the state in the initiation of, or the participation in, any intergovernmental program for the purposes of this chapter and chapter 88.46 RCW; or

       (7) Accept gifts, grants, or other funds.

       Sec. 29. RCW 43.21I.040 and 1991 c 200 s 407 are each amended to read as follows:

       (1) The ((administrator)) director shall have full authority to administer oaths and take testimony thereunder, to issue subpoenas requiring the attendance of witnesses before the ((administrator)) director together with all books, memoranda, papers, and other documents, articles or instruments, and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation.

       (2) Subpoenas issued in adjudicative proceedings shall be governed by chapter 34.05 RCW.

       (3) Subpoenas issued in the conduct of investigations required or authorized by other statutory provisions or necessary in the enforcement of other statutory provisions shall be governed by chapter 34.05 RCW.

       Sec. 30. RCW 88.40.011 and 1992 c 73 s 12 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 the administrator of the office of marine safety created in RCW 43.21I.010.

       (2))) "Cargo vessel" means a self-propelled ship in commerce, other than a tank vessel or a passenger vessel, of three hundred or more gross tons, including but not limited to, commercial fish processing vessels and freighters.

       (((3))) (2) "Bulk" means material that is stored or transported in a loose, unpackaged liquid, powder, or granular form capable of being conveyed by a pipe, bucket, chute, or belt system.

       (((4))) (3) "Covered vessel" means a tank vessel, cargo vessel, or passenger vessel.

       (((5))) (4) "Department" means the department of ecology.

       (((6))) (5) "Director" means the director of the department of ecology.

       (((7))) (6)(a) "Facility" means any structure, group of structures, equipment, pipeline, or device, other than a vessel, located on or near the navigable waters of the state that transfers oil in bulk to or from a tank vessel or pipeline, that is used for producing, storing, handling, transferring, processing, or transporting oil in bulk.

       (b) A facility does not include any: (i) Railroad car, motor vehicle, or other rolling stock while transporting oil over the highways or rail lines of this state; (ii) retail motor vehicle motor fuel outlet; (iii) facility that is operated as part of an exempt agricultural activity as provided in RCW 82.04.330; (iv) underground storage tank regulated by the department or a local government under chapter 90.76 RCW; or (v) marine fuel outlet that does not dispense more than three thousand gallons of fuel to a ship that is not a covered vessel, in a single transaction.

       (((8))) (7) "Hazardous substances" means any substance listed in Table 302.4 of 40 C.F.R. Part 302 adopted August 14, 1989, under section 101(14) of the federal comprehensive environmental response, compensation, and liability act of 1980, as amended by P.L. 99-499. The following are not hazardous substances for purposes of this chapter:

       (a) Wastes listed as F001 through F028 in Table 302.4; and

       (b) Wastes listed as K001 through K136 in Table 302.4.

       (((9))) (8) "Inland barge" means any barge operating on the waters of the state and certified by the coast guard as an inland barge.

       (((10))) (9) "Navigable waters of the state" means those waters of the state, and their adjoining shorelines, that are subject to the ebb and flow of the tide and/or are presently used, have been used in the past, or may be susceptible for use to transport intrastate, interstate, or foreign commerce.

       (((11) "Office" means the office of marine safety established by RCW 43.21I.010.

       (12))) (10) "Oil" or "oils" means any naturally occurring liquid hydrocarbons at atmospheric temperature and pressure coming from the earth, including condensate and natural gasoline, and any fractionation thereof, including, but not limited to, crude oil, petroleum, gasoline, fuel oil, diesel oil, oil sludge, oil refuse, and oil mixed with wastes other than dredged spoil. Oil does not include any substance listed in Table 302.4 of 40 C.F.R. Part 302 adopted August 14, 1989, under section 101(14) of the federal comprehensive environmental response, compensation, and liability act of 1980, as amended by P.L. 99-499.

       (((13))) (11) "Offshore facility" means any facility located in, on, or under any of the navigable waters of the state, but does not include a facility any part of which is located in, on, or under any land of the state, other than submerged land.

       (((14))) (12) "Onshore facility" means any facility any part of which is located in, on, or under any land of the state, other than submerged land, that because of its location, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters of the state or the adjoining shorelines.

       (((15))) (13)(a) "Owner or operator" means (i) in the case of a vessel, any person owning, operating, or chartering by demise, the vessel; (ii) in the case of an onshore or offshore facility, any person owning or operating the facility; and (iii) in the case of an abandoned vessel or onshore or offshore facility, the person who owned or operated the vessel or facility immediately before its abandonment.

       (b) "Operator" does not include any person who owns the land underlying a facility if the person is not involved in the operations of the facility.

       (((16))) (14) "Passenger vessel" means a ship of three hundred or more gross tons with a fuel capacity of at least six thousand gallons carrying passengers for compensation.

       (((17))) (15) "Ship" means any boat, ship, vessel, barge, or other floating craft of any kind.

       (((18))) (16) "Spill" means an unauthorized discharge of oil into the waters of the state.

       (((19))) (17) "Tank vessel" means a ship that is constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue, and that:

       (a) Operates on the waters of the state; or

       (b) Transfers oil in a port or place subject to the jurisdiction of this state.

       (((20))) (18) "Waters of the state" includes lakes, rivers, ponds, streams, inland waters, underground water, salt waters, estuaries, tidal flats, beaches and lands adjoining the seacoast of the state, sewers, and all other surface waters and watercourses within the jurisdiction of the state of Washington.

       Sec. 31. RCW 88.40.020 and 1992 c 73 s 13 are each amended to read as follows:

       (1) Any inland barge that transports hazardous substances in bulk as cargo, using any port or place in the state of Washington or the navigable waters of the state shall establish evidence of financial responsibility in the amount of the greater of one million dollars, or one hundred fifty dollars per gross ton of such vessel.

       (2)(a) Except as provided in (c) of this subsection, a tank vessel that carries oil as cargo in bulk shall demonstrate financial responsibility to pay at least five hundred million dollars.

       (b) The ((administrator)) director by rule may establish a lesser standard of financial responsibility for barges of three hundred gross tons or less. The standard shall set the level of financial responsibility based on the quantity of cargo the barge is capable of carrying. The ((administrator)) director shall not set the standard for barges of three hundred gross tons or less below that required under federal law.

       (c) The owner or operator of a tank vessel who is a member of an international protection and indemnity mutual organization and is covered for oil pollution risks up to the amounts required under this section is not required to demonstrate financial responsibility under this chapter. The ((administrator)) director may require the owner or operator of a tank vessel to prove membership in such an organization.

       (3) A cargo vessel or passenger vessel that carries oil as fuel shall demonstrate financial responsibility to pay the greater of at least six hundred dollars per gross ton or five hundred thousand dollars.

       (4) The documentation of financial responsibility shall demonstrate the ability of the document holder to meet state and federal financial liability requirements for the actual costs for removal of oil spills, for natural resource damages, and necessary expenses.

       (5) The ((office)) department may by rule set a lesser amount of financial responsibility for a tank vessel that meets standards for construction, propulsion, equipment, and personnel established by the ((office)) department. The ((office)) department shall require as a minimum level of financial responsibility under this subsection the same level of financial responsibility required under federal law.

       (6) This section shall not apply to a covered vessel owned or operated by the federal government or by a state or local government.

       Sec. 32. RCW 88.40.030 and 1991 c 200 s 705 are each amended to read as follows:

       Financial responsibility required by this chapter may be established by any one of, or a combination of, the following methods acceptable to the ((office of marine safety or the)) department of ecology: (1) Evidence of insurance; (2) surety bonds; (3) qualification as a self-insurer; or (4) other evidence of financial responsibility. Any bond filed shall be issued by a bonding company authorized to do business in the United States. Documentation of such financial responsibility shall be kept on any covered vessel and filed with the ((office)) department at least twenty-four hours before entry of the vessel into the navigable waters of the state. A covered vessel is not required to file documentation of financial responsibility twenty-four hours before entry of the vessel into the navigable waters of the state, if the vessel has filed documentation of financial responsibility with the federal government, and the level of financial responsibility required by the federal government is the same as or exceeds state requirements. The owner or operator of the vessel may file with the ((office)) department a certificate evidencing compliance with the requirements of another state's or federal financial responsibility requirements if the state or federal government requires a level of financial responsibility the same as or greater than that required under this chapter.

       Sec. 33. RCW 88.40.040 and 1992 c 73 s 14 are each amended to read as follows:

       (1) The ((office)) department shall deny entry to the waters of the state to any vessel that does not meet the financial responsibility requirements of this chapter. Any vessel owner or operator that does not meet the financial responsibility requirements of this chapter and any rules prescribed thereunder or the federal oil pollution act of 1990 shall be reported by the ((office)) department to the United States coast guard.

       (2) The ((office)) department shall enforce section 1016 of the federal oil pollution act of 1990 as authorized by section 1019 of the federal act.

       Sec. 34. RCW 90.56.310 and 1992 c 73 s 35 are each amended to read as follows:

       (1) Except as provided in subsection (3) of this section, it shall be unlawful:

       (a) For the owner or operator to operate an onshore or offshore facility without an approved contingency plan as required under RCW 90.56.210, a spill prevention plan required by RCW 90.56.200, or financial responsibility in compliance with chapter 88.40 RCW and the federal oil pollution act of 1990; or

       (b) For the owner or operator of an onshore or offshore facility to transfer cargo or passengers to or from a covered vessel that does not have an approved contingency plan or an approved prevention plan required under chapter 88.46 RCW or financial responsibility in compliance with chapter 88.40 RCW and the federal oil pollution act of 1990.

       (2) The department may assess a civil penalty under RCW 43.21B.300 of up to one hundred thousand dollars against any person who is in violation of this section. Each day that a facility or person is in violation of this section shall be considered a separate violation.

       (3) It shall not be unlawful for a facility or other person to operate or accept cargo or passengers from a covered vessel if:

       (a) A contingency plan, a prevention plan, or financial responsibility is not required for the facility; or

       (b) A contingency and prevention plan has been submitted to the department as required by this chapter and rules adopted by the department and the department is reviewing the plan and has not denied approval.

       (4) Any person may rely on a copy of the statement issued by the department pursuant to RCW 90.56.210(7) as evidence that the facility has an approved contingency plan and the statement issued pursuant to RCW 90.56.200(4) as evidence that the facility has an approved spill prevention plan. Any person may rely on a copy of the statement issued by the office of marine safety, or its successor agency, the department, pursuant to RCW 88.46.060 as evidence that the vessel has an approved contingency plan and the statement issued pursuant to RCW 88.46.040 as evidence that the vessel has an approved prevention plan.

       Sec. 35. RCW 43.21I.005 and 1997 c 449 s 1 are each amended to read as follows:

       (1) The legislature declares that Washington's waters have irreplaceable value for the citizens of the state. These waters are vital habitat for numerous and diverse marine life and wildlife and the source of recreation, aesthetic pleasure, and pride for Washington's citizens. These waters are also vital for much of Washington's economic vitality.

       The legislature finds that the transportation of oil on these waters creates a great potential hazard to these important natural resources. The legislature also finds that there is no state agency responsible for maritime safety to ensure this state's interest in preserving these resources.

       ((The legislature therefore finds that in order to protect these waters it is necessary to establish an office of marine safety which will have the responsibility to promote the safety of marine transportation in Washington.))

       (2) The legislature finds that adequate funding is necessary for the state to continue its priority focus on the prevention of oil spills, as well as maintain a strong oil spill response, planning, and environmental restoration capability. The legislature further finds that (([the])) the long-term environmental health of the state's waters depends upon the strength and vitality of its oil spill prevention and response program that fosters planning, coordination, and incident command. To that end, the merger of the office of marine safety with the department of ecology shall: Ensure coordination via streamlining the marine safety functions of two agencies into one; provide a focused prevention and response program under a single administration; generate efficient incident command response capability and continue to meet the challenges threatening marine safety and the environment; and increase accountability to the public, the executive branch, and the legislature.

       (3) It is the intent of the legislature that the state's oil spill prevention, response, planning, and environmental restoration activities be sufficiently funded to maintain a strong prevention and response program. It is further the intent of the legislature that the merger of the office of marine safety with the department of ecology be accomplished in an organizational manner that maintains a priority focus and position for the oil spill prevention and response program. The merger shall allow for ready identification of the program by the public and ensure no diminution in the state's commitment to marine safety and environmental protection as follows:

       (a) The director of the department of ecology shall consolidate all of the agency's oil spill prevention, planning, and response programs and personnel into a division or equivalent unit of organization within the department. The division shall be managed by a single administrator who is an assistant director or person of equivalent status in the department's organization. The administrator shall report directly to the director.

       (b) The consolidated oil spill program unit within the department shall maintain prevention of oil spills as a specific program.

       (c) The department shall identify and participate in resolving threats to safety of marine transportation and the impact of marine transportation on the environment.

       NEW SECTION. Sec. 36. The following acts or parts of acts are each decodified:

       (1) RCW 43.21I.005 (Findings--Consolidation of oil spill programs--Administrator of consolidated oil spill program);

       (2) RCW 88.46.150 (Tow boat standards--Study);

       (3) RCW 88.46.924 (Continuation of rules, pending business, and obligations);

       (4) RCW 88.46.925 (Prior acts valid); and

       (5) RCW 88.46.927 (Collective bargaining agreements not altered).

       NEW SECTION. Sec. 37. The following acts or parts of acts are each repealed:

       (1) RCW 88.46.140 (Unified and consistent planning) and 1991 c 200 s 428;

       (2) RCW 90.56.903 (Report on implementation) and 1991 c 200 s 1109; and

       (3) RCW 88.46.922 (Transfer of property and appropriations) and 1991 c 200 s 431."

       On page 1, line 6 of the title, after "90.56.560," strike the remainder of the title and insert "82.23B.020, 43.21I.010, 43.21I.030, 43.21I.040, 88.40.011, 88.40.020, 88.40.030, 88.40.040, 90.56.310, and 43.21I.005; creating a new section; decodifying RCW 43.21I.005, 88.46.150, 88.46.924, 88.46.925, and 88.46.927; and repealing RCW 88.46.140, 90.56.903, and 88.46.922.", and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk


MOTION


    Senator Fraser moved that the Senate concur in the House amendments to Substitute Senate Bill No. 6210.

    Debate ensued.

   The President declared the question before the Senate to be the motion by Senator Fraser that the Senate concur in the House amendments to Substitute Senate Bill No. 6210.

      The motion by Senator Fraser carried and the Senate concurred in the House amendments to Substitute Senate Bill No. 6210.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6210, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6210, as amended by the House, 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, Finkbeiner, Franklin, Fraser, Gardner, Goings, Haugen, Heavey, 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, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45. Excused: Senators Hale, Hargrove, Hochstatter and Sellar - 4.        SUBSTITUTE SENATE BILL NO. 6210, as amended by the House, 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.


MESSAGE FROM THE HOUSE.

March 2, 2000


MR. PRESIDENT: 

      The House has passed SUBSTITUTE SENATE BILL NO. 6450 with the following amendment(s):

       On page 2, after line 8, insert the following:

       "NEW SECTION. Sec. 3. RCW 75.08.235 (Informational materials--Fee-Disposition of money collected) and 1992 c 13 s 12 are each repealed."

       Correct the title., and the same are herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk


MOTION


      Senator Jacobsen moved that the Senate concur in the House amendment to Substitute Senate Bill No. 6450.

      Debate ensued.

      The President declared the question before the Senate to be the motion by Senator Jacobsen that the Senate concur in the House amendment to Substitute Senate Bill No. 6450.

      The motion by Senator Jacobsen carried and the Senate concurred in the House amendment to Substitute Senate Bill No. 6450.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6450, as amended by the House.

.

ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6450, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 6; Absent, 0; Excused, 3.

      Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Haugen, Heavey, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley, Wojahn and Zarelli - 40..       Excused: Senators Hale, Hargrove and Sellar - 3.

      SUBSTITUTE SENATE BILL NO. 6450, as amended by the House, 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.


MESSAGE FROM THE HOUSE.

March 3, 2000


MR. PRESIDENT: 

      The House has passed SUBSTITUTE SENATE BILL NO. 6459 with the following amendment(s):

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 9.35 RCW to read as follows:

       (1) It is unlawful for any person to knowingly use a means of identification of another person to solicit undesired mail with the intent to annoy, harass, intimidate, torment, or embarrass that person.

       (2) For purposes of this section, "means of identification" has the meaning provided in RCW 9.35.020.

       (3) Violation of this section is a misdemeanor.

       (4) Additionally, a person who violates this section is liable for civil damages of five hundred dollars or actual damages, including costs to repair the person's credit record, whichever is greater, and reasonable attorneys' fees as determined by the court."

       Correct the title., and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk


MOTION


      On motion of Senator Heavey, the Senate concurred the House amendment to Substitute Senate Bill No. 6459.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6459, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6459, as amended by the House, 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, 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, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.                  Excused: Senators Hale, Hargrove and Sellar - 3.

      SUBSTITUTE SENATE BILL NO. 6459, as amended by the House, 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.


MESSAGE FROM THE HOUSE.

February 29, 2000


MR. PRESIDENT: 

      The House has passed SUBSTITUTE SENATE BILL NO. 6467 with the following amendment(s):

       On page 11, after line 26, insert the following:

       "NEW SECTION. Sec. 9. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

       Correct the title., and the same are herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk


MOTION


      On motion of Senator Haugen, the Senate concurred in the House amendment to Substitute Senate Bill No. 6467.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6467, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6467, as amended by the House, 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, 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, Swecker, Thibaudeau, West, Winsley and Wojahn - 45.              Absent: Senator Zarelli - 1.

       Excused: Senators Hale, Hargrove and Sellar - 3.

      SUBSTITUTE SENATE BILL NO. 6467, as amended by the House, 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.


MESSAGE FROM THE HOUSE.

March 1, 2000


MR. PRESIDENT: 

      The House has passed SUBSTITUTE SENATE BILL NO. 6502 with the following amendment(s):

       On page 15, line 2, after "domain" insert "unless otherwise protected by copyright law"

       On page 15, line 5, after "domain" insert "and shall be shared subject to copyright restrictions"., and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk


MOTION


      On motion of Senator Thibaudeau, the Senate concurred in the House amendments to Substitute Senate Bill No. 6502.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6502, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6502, as amended by the House, 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, 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, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.                Excused: Senators Hale, Hargrove and Sellar - 3

.     SUBSTITUTE SENATE BILL NO. 6502, as amended by the House, 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.


MESSAGE FROM THE HOUSE.

March 2, 2000

MR. PRESIDENT: 

      The House has passed ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5212 with the following amendment(s):

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. (1) The legislature intends to improve student safety by helping school districts revise and update their crisis and emergency plans and by providing additional training to staff in the implementation of those plans. The legislature finds that all-hazard crisis planning will prevent catastrophic events from escalating into school-wide chaos, will minimize damage, and will help students, staff, and parents recover from the crisis.

       (2) In addition to planning for a crisis, schools should plan to incorporate character education into each school's curriculum and crisis management plans to prevent a crisis resulting from violent acts by students. The legislature finds that academic success and school safety rest on a foundation of character. The legislature further finds that parents are the first and primary moral educators of children, and that schools have a role in reinforcing the character traits and values deemed important by parents and the local community. The legislature further finds that when character education is integrated into a school's curriculum there is a decline of incidences involving violence, bullying, and harassment. The legislature intends to encourage school districts to integrate character education into each school's curriculum and crisis management plans. The legislature further intends that local communities, in partnership with schools or school districts, will have the responsibility for determining which character traits and values are included in each district or school's character education program.

       Sec. 2. RCW 28A.305.130 and 1997 c 13 s 5 are each amended to read as follows:

       In addition to any other powers and duties as provided by law, the state board of education shall:

       (1) Approve or disapprove the program of courses leading to teacher, school administrator, and school specialized personnel certification offered by all institutions of higher education within the state which may be accredited and whose graduates may become entitled to receive such certification.

       (2) Conduct every five years a review of the program approval standards, including the minimum standards for teachers, administrators, and educational staff associates, to reflect research findings and assure continued improvement of preparation programs for teachers, administrators, and educational staff associates.

       (3) Investigate the character of the work required to be performed as a condition of entrance to and graduation from any institution of higher education in this state relative to such certification as provided for in subsection (1) ((above)) of this section, and prepare a list of accredited institutions of higher education of this and other states whose graduates may be awarded such certificates.

       (4)(a) The state board of education shall adopt rules to allow a teacher certification candidate to fulfill, in part, teacher preparation program requirements through work experience as a classified teacher's aide in a public school or private school meeting the requirements of RCW 28A.195.010. The rules shall include, but are not limited to, limitations based upon the recency of the teacher preparation candidate's teacher aide work experience, and limitations based on the amount of work experience that may apply toward teacher preparation program requirements under this chapter.

       (b) The state board of education shall require that at the time of the individual's enrollment in a teacher preparation program, the supervising teacher and the building principal shall jointly provide to the teacher preparation program of the higher education institution at which the teacher candidate is enrolled, a written assessment of the performance of the teacher candidate. The assessment shall contain such information as determined by the state board of education and shall include: Evidence that at least fifty percent of the candidate's work as a classified teacher's aide was involved in instructional activities with children under the supervision of a certificated teacher and that the candidate worked a minimum of six hundred thirty hours for one school year; the type of work performed by the candidate; and a recommendation of whether the candidate's work experience as a classified teacher's aide should be substituted for teacher preparation program requirements. In compliance with such rules as may be established by the state board of education under this section, the teacher preparation programs of the higher education institution where the candidate is enrolled shall make the final determination as to what teacher preparation program requirements may be fulfilled by teacher aide work experience.

       (5) Supervise the issuance of such certificates as provided for in subsection (1) ((above)) of this section and specify the types and kinds of certificates necessary for the several departments of the common schools by rule ((or regulation)) in accordance with RCW 28A.410.010.

       (6) Accredit, subject to such accreditation standards and procedures as may be established by the state board of education, all schools that apply for accreditation, and approve, subject to the provisions of RCW 28A.195.010, private schools carrying out a program for any or all of the grades kindergarten through twelve: PROVIDED, That no private school may be approved that operates a kindergarten program only: PROVIDED FURTHER, That no public or private schools shall be placed upon the list of accredited schools so long as secret societies are knowingly allowed to exist among its students by school officials: PROVIDED FURTHER, That the state board may elect to require all or certain classifications of the public schools to conduct and participate in such preaccreditation examination and evaluation processes as may now or hereafter be established by the board.

       (7) Make rules ((and regulations)) governing the establishment in any existing nonhigh school district of any secondary program or any new grades in grades nine through twelve. Before any such program or any new grades are established the district must obtain prior approval of the state board.

       (8) Prepare such outline of study for the common schools as the board shall deem necessary, and prescribe such rules for the general government of the common schools, as shall seek to secure regularity of attendance, prevent truancy, secure efficiency, and promote the true interest of the common schools.

       (9) Continuously reevaluate courses and adopt and enforce ((regulations)) rules within the common schools so as to meet the educational needs of students and articulate with the institutions of higher education and unify the work of the public school system.

       (10) Carry out board powers and duties relating to the organization and reorganization of school districts under chapters 28A.315, 28A.323, and 28A.343 RCW ((28A.315.010 through 28A.315.680 and 28A.315.900)).

       (11) By rule ((or regulation promulgated)) adopted upon the advice of the chief of the Washington state patrol, through the director of fire protection, and in consultation with the superintendent of public instruction and the state military department, provide for the development by school districts and schools of comprehensive all-hazard crisis and emergency plans. The rules must require the plans to:

       (a) Include how to prepare for, manage, and evaluate site-based responses to school crises, including but not limited to natural disasters and violent acts or serious injuries or death of students or staff;

       (b) Provide for instruction of pupils in the public and private schools carrying out a K through 12 program, or any part thereof, so that in case of sudden crisis or emergency they shall be able to leave their particular school building in the shortest possible time or take such other steps as the particular emergency demands((, and)) without confusion or panic; ((such rules and regulations shall be published and distributed to certificated personnel throughout the state whose duties shall include a familiarization therewith as well as the means of implementation thereof at their particular school))

       (c) Be updated by school districts and schools at least once every five years or more frequently if circumstances change;

       (d) Be developed by school districts in consultation with local law enforcement, fire, emergency medical services, and emergency management agencies;

       (e) Include who to contact in an emergency;

       (f) Include procedures for leaving a building safely;

       (g) Include procedures for responding to an emergency;

       (h) Include procedures for training students and certificated and classified staff;

       (i) Include procedures for practicing the plan;

       (j) Include procedures for notifying certificated and classified staff about the plan; and

       (k) Include procedures for notifying parents and community members about the plan.

       (12) Hear and decide appeals as otherwise provided by law.

       The state board of education is given the authority to promulgate information and rules dealing with the prevention of child abuse for purposes of curriculum use in the common schools.

       NEW SECTION. Sec. 3. A new section is added to chapter 28A.305 RCW to read as follows:

       The comprehensive all-hazard crisis and emergency plan development assistance program is created. The superintendent of public instruction shall administer the program to provide funds, to the extent funds are appropriated, to school districts to update the crisis and emergency response plan for every school in their district and to train staff in the implementation of the plans. The superintendent of public instruction shall provide funds to school districts based upon the district developing an effective plan for updating and implementing its comprehensive all-hazard crisis and emergency response plan. The funds shall be used for developing the plan, staff training on implementing the plan, materials, and practicing the plan. In distributing funds to school districts, priority shall be given to school districts that have not received funds for crisis planning.

       Sec. 4. RCW 28A.150.211 and 1994 c 245 s 10 are each amended to read as follows:

       (1) The legislature also recognizes that certain basic values and character traits are essential to individual liberty, fulfillment, and happiness. However, these values and traits are not intended to be assessed or be standards for graduation. The legislature intends that local communities have the responsibility for determining how these values and character traits are learned as determined by consensus at the local level. These values and traits include the importance of:

       (((1))) (a) Honesty, integrity, and trust;

       (((2))) (b) Respect for self and others;

       (((3))) (c) Responsibility for personal actions and commitments;

       (((4))) (d) Self-discipline and moderation;

       (((5))) (e) Diligence and a positive work ethic;

       (((6))) (f) Respect for law and authority;

       (((7))) (g) Healthy and positive behavior; and

       (((8))) (h) Family as the basis of society.

       (2) Each school district is strongly encouraged to develop and implement a character education program that incorporates into its curriculum the character traits and values included in subsection (1) of this section. Each school district is also strongly encouraged to develop its character education program in partnership with parents and all interested stakeholders in its local community. When developing a character education program, school districts shall comply with the open public meetings act in chapter 42.30 RCW.

       NEW SECTION. Sec. 5. (1) Subject to availability of amounts appropriated for this specific purpose, the office of the superintendent of public instruction shall provide to each school district that develops and implements a character education program, in partnership with parents and all interested stakeholders in its local community under the provisions of RCW 28A.150.211, an equal amount per full-time equivalent elementary school student for the fiscal year ending June 30, 2001. However, the minimum allocation to a district shall be two hundred dollars for each elementary school operated by the district.

       (2) A school district that receives funding in accordance with this section shall certify to the superintendent of public instruction that funds received were expended for the purposes of this act.

       NEW SECTION. Sec. 6. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2000, in the omnibus appropriations act, this act is null and void."

       Correct the title., and the same are herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk


POINT OF ORDER


      Senator McAuliffe: “A point of order, Mr. President. I request a scope and object ruling from the President, as I believe the House amendment alters the scope of the bill. The scope and object of the bill, in its original form and as passed by the Senate, relates to the implementation of school districts and schools for comprehensive emergency plans that address how to respond to emergencies within the school. The Character Education program, as encompassed within the House amendment are programs that incorporate specific values and character traits within each school district curriculum. The amendment is not within the scope of this bill, because safety plans are administrative plans that address emergencies in schools. Character Education programs are student curriculums. The House amendment alters the intent language in an attempt to tie the two subjects together. The two issues, administrative plans and student curriculums are different.”


RULING BY THE PRESIDENT


      President Owen: “In ruling upon the point of order raised by Senator McAuliffe to the scope and object of the House striking amendment to Engrossed Second Substitute Senate Bill No. 5212, the President finds that the measure relates only to the implementation by schools and school districts of comprehensive emergency response plans.

      “The House striking amendment would encourage school districts to implement character education programs, and would set up a method of distribution of funds to districts that implement such programs. The amendment concerns curriculum, and does not relate to the implementation of emergency response plans.

      “The President, therefore, finds that the House striking amendment does change the scope and object of the bill, and the point of order is well taken.”


      The President ruled that the House amendment to Engrossed Second Substitute Senate Bill No. 5212 to be out of order.


MOTION


      Senator McAuliffe moved that the Senate refuse to concur in the House amendment to Engrossed Second Substitute Senate Bill No. 5212 and asks the House to recede therefrom.


PARLIAMENTARY INQUIRY


      Senator West: “A parliamentary inquiry, Mr. President. Did the President rule that the amendment was out of scope and object?”


REPLY BY THE PRESIDENT


      President Owen: “That is correct.” 

      Senator West: “Mr. President, by tradition in the Senate, when a Senate Bill has House amendments that are outside of the scope and object, the bill is immediately sent to committee and is no longer considered by the body.”

      President Owen: “The President believes that you would be correct if he had dropped the gavel on the ruling, but she made the motion prior to that, to ask the House to recede from the amendment.”

      Senator West: “Mr. President, when I asked you if you had ruled, you stated, ‘yes.’ Now, you are saying, because you had not dropped the gavel that you had not ruled--if I am to interpret what you are saying correctly.”

      President Owen: “Well, Senator West, I think we are dancing around semantics. Just give me a moment--just give me a moment here, so that I can answer you correctly.”

      Senator West: “I just want it to be clear for a permanent record, because this could be important in the future.”


FURTHER REPLY BY THE PRESIDENT


      President Owen: “Senator West, the President will try to explain this clearly if he can. You are correct. I did make the ruling. However, the thing that would follow would be that the President would refer the bill back to the committee. That is what I did not drop the gavel on. If I don’t drop the gavel prior to referring the bill back to committee, she has the opportunity to ask the House to recede therefrom.”

      Senator West: “Thank you, Mr. President. The clarification will be helpful in the future.”

      Further debate ensued.

      The question before the Senate is the motion by Senator McAuliffe to refuse to concur in the House amendment to Engrossed Second Substitute Senate Bill No. 5212 and asks the House to recede therefrom.

      The motion by Senator McAuliffe carried and the Senate did not concur in the House amendment to Engrossed Second Substitute Senate Bill No. 5212 and asks the House to recede therefrom.


PARLIAMENTARY INQUIRY


      Senator McCaslin: “A parliamentary inquiry, Mr. President. Just for my own information, when an amendment is out of scope and object, is it possible to concur?”


REPLY BY THE PRESIDENT


      President Owen: “No.”

      Senator McCaslin: “Thank you.”


MESSAGE FROM THE HOUSE

March 2, 2000


MR. PRESIDENT: 

      The House has passed SENATE BILL NO. 5739 with the following amendment(s):

       On page 2, after line 32, insert the following:

       NEW SECTION. Sec. 3. RCW 43.103.100 and 1991 c 176 s 6 are each amended to read as follows:

       (1) The council shall research and develop an appropriate training component on the subject of sudden, unexplained child death, including but not limited to sudden infant death syndrome. The training component shall include, at a minimum:

       (((1))) (a) Medical information on sudden, unexplained child death for first responders, including awareness and sensitivity in dealing with families and child care providers, and the importance of forensically competent death scene investigation;

       (((2))) (b) Information on community resources and support groups available to assist families who have lost a child to sudden, unexplained death, including sudden infant death syndrome; and

       (((3) Development and adoption of an up-to-date protocol of investigation in cases of sudden, unexplained child death, including the importance of a consistent policy of thorough death scene investigation, and an autopsy in unresolved cases as appropriate;

       (4))) (c) The value of timely communication between the county coroner or medical examiner and the public health department, when a sudden, unexplained child death occurs, in order to achieve a better understanding of such deaths, and connecting families to various community and public health support systems to enhance recovery from grief.

       (2) The council shall work with volunteer groups with expertise in the area of sudden, unexplained child death, including but not limited to the SIDS ((Northwest Regional Center at Children's Hospital, the Washington chapter of the national SIDS)) foundation((,)) of Washington and the Washington association of county officials.

       ((Upon development of an appropriate curriculum, agreed upon by the council, the training module shall be offered to first responders, coroners, medical examiners, prosecuting attorneys serving as coroners, and investigators, both voluntarily through their various associations and as a course offering at the criminal justice training center.))

       (3) Basic training for death investigators offered by the Washington association of coroners and medical examiners and the criminal justice training commission shall include a module which specifically addresses the investigations of the sudden unexplained deaths of children under the age of three. The training module shall include a scene investigation protocol endorsed or developed by the council. A similar training curriculum shall be required for city and county law enforcement officers and emergency medical personnel certified by the department of health as part of their basic training through the criminal justice training commission or the department of health emergency medical training certification program.

       (4) Each county shall use a protocol that has been endorsed or developed by the council for scene investigations of the sudden unexplained deaths of children under the age of three. The council may utilize guidelines from the center for disease control and other appropriate resources.

       (5) The council shall develop a protocol for autopsies of children under the age of three whose deaths are sudden and unexplained. This protocol shall be used by pathologists who are not certified by the American board of pathology in forensic pathology, and who are providing autopsy services to coroners and medical examiners.

       Sec. 4. RCW 68.50.104 and 1983 1st ex.s. c 16 s 14 are each amended to read as follows:

       (1) The cost of autopsy shall be borne by the county in which the autopsy is performed, except when requested by the department of labor and industries, in which case, the department shall bear the cost of such autopsy((; and except when performed on a body of an infant under the age of three years by the University of Washington medical school, in which case the medical school shall bear the cost of such autopsy)).

       (2) Except as provided in (c) of this subsection, when the county bears the cost of an autopsy, it shall be reimbursed from the death investigations((')) account, established by RCW 43.79.445, as follows:

       (((1))) (a) Up to forty percent of the cost of contracting for the services of a pathologist to perform an autopsy; ((and

       (2))) (b) Up to twenty-five percent of the salary of pathologists who are primarily engaged in performing autopsies and are (((a))) (i) county coroners or county medical examiners, or (((b))) (ii) employees of a county coroner or county medical examiner; and

       (c) When the county bears the cost of an autopsy of a child under the age of three whose death was sudden and unexplained, the county shall be reimbursed for the expenses of the autopsy when the death scene investigation and the autopsy have been conducted under RCW 43.103.100 (4) and (5), and the autopsy has been done at a facility designed for the performance of autopsies.

       Payments from the account shall be made pursuant to biennial appropriation: PROVIDED, That no county may reduce funds appropriated for this purpose below 1983 budgeted levels., and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk


POINT OF ORDER


      Senator Heavey: “A point of order, Mr. President. I believe the House amendment expands the scope and object of the Senate Bill and respectfully request your ruling thereon. Substitute House Bill No. 2476 was amended on to Senate Bill No. 5739. First, Senate Bill No. 5739 amends Chapter 70 RCW and Substitute House Bill No. 2476 amended different chapters--Chapter 43 and 68.

      “Senate Bill No. 5739 and Substitute House Bill No. 2476 have nothing in common. Substitute House Bill No. 2476 addresses death investigations and autopsies of sudden unexplained deaths of children under the age of three. Senate Bill No. 5739 solely addresses certificates of death and expands the category of medical personnel who may be presented with a certificate.”


RULING BY THE PRESIDENT


      President Owen: “In ruling upon the point of order raised by Senator Heavey to the scope and object of the House amendment to Senate Bill No. 5739, the President finds that the measure permits certain persons to certify death or fetal death when he or she is the last person in attendance of the deceased; namely, a person in charge of interment, a physician’s assistant, or an advanced registered nurse.

      “The House amendment would do several things unrelated to the bill which concern the investigation of sudden and unexplained deaths of children under the age of three, including (1) requiring training for death investigators; (2) establishing protocols for autopsies; and (3) permitting counties to reimburse costs of autopsies.

      “The President, therefore, finds that the House amendment does change the scope and object of the bill, and the point of order is well taken.”


      The President ruled the House amendment to Senate Bill No. 5739 to be out of order.


MOTION


      On motion of Senator Heavey, the Senate refuses to concur in the House amendment to Senate Bill No. 5739 and asks the House to recede therefrom.


MOTION


      On motion of Senator Honeyford, Senator Long was excused.


MOTION


      On motion of Senator Franklin, Senator Kline was excused.


MESSAGE FROM THE HOUSE

March 1, 2000

MR. PRESIDENT: 

      The House has passed SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5610 with the following amendment(s):

      On page 2, after line 12, insert the following:

       "Sec. 2. RCW 46.70.028 and 1989 c 337 § 13 are each amended to read as follows:

       Dealers who transact dealer business by consignment shall obtain a consignment contract for sale and shall comply with applicable provisions of chapter 46.70 RCW. The dealer shall place all funds received from the sale of the consigned vehicle in a trust account until the sale is completed, except that the dealer shall pay any outstanding liens against the vehicle from these funds. Where title has been delivered to the purchaser, the dealer shall pay the amount due a consignor within ten days after the sale. However, in the case of a consignment from a licensed vehicle dealer from any state, the wholesale auto auction shall pay the consignor within twenty days.

       NEW SECTION. Sec. 3. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

       Correct the title., and the same are herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk


MOTION


      On motion of Senator Haugen, the Senate concurred in the House amendment to Second Engrossed Substitute Senate Bill No. 5610.

      The President declared the question before the Senate to be the roll call on the final passage of Second Engrossed Substitute Senate Bill No. 5610, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Second Engrossed Substitute Senate Bill No. 5610, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 1; Absent, 1; Excused, 5.

      Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Kohl-Welles, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 42.                    Voting nay: Senator Zarelli - 1.        Absent: Senator Johnson - 1.                 Excused: Senators Hale, Hargrove, Kline, Long and Sellar - 5..    SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5610, as amended by the House, 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.


MESSAGE FROM THE HOUSE

March 2, 2000

MR. PRESIDENT: 

      The House has passed SENATE BILL NO. 6010 with the following amendment(s):



       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 28B.15 RCW to read as follows:

       In addition to waivers granted under the authority of RCW 28B.15.910, the governing boards of the state universities, the regional universities, The Evergreen State College, and the community colleges, subject to state board policy, may waive all or a portion of the operating fees for any student. There shall be no state general fund support for waivers granted under this section.

       By January 31st of each odd-numbered year, the institutions of higher education shall prepare a report of the costs and benefits of waivers granted under this act and shall transmit copies of their report to the appropriate policy and fiscal committees of the legislature.

       Sec. 2. RCW 28B.15.066 and 1999 c 309 s 932 are each amended to read as follows:

       It is the intent of the legislature that:

       In making appropriations from the state's general fund to institutions of higher education, each appropriation shall conform to the following:

       (1) The appropriation shall not be reduced by the amount of operating fees revenue estimated to be collected from students enrolled at the state-funded enrollment level specified in the omnibus biennial operating appropriations act;

       (2) The appropriation shall not be reduced by the amount of operating fees revenue collected from students enrolled above the state-funded level, but within the over-enrollment limitations, specified in the omnibus biennial operating appropriations act; and

       (3) The general fund state appropriation shall not be reduced by the amount of operating fees revenue collected as a result of waiving less operating fees revenue than the amounts authorized under RCW 28B.15.910. State general fund appropriations shall not be provided for revenue foregone as a result of or for waivers granted under ((section 601(3)(e), chapter 309, Laws of 1999)) section 1 of this act.

       Sec. 3. RCW 28B.15.910 and 1999 c 344 s 3 are each amended to read as follows:

       (1) For the purpose of providing state general fund support to public institutions of higher education, except for revenue waived under programs listed in subsections (3) and (4) of this section, and unless otherwise expressly provided in the omnibus state appropriations act, the total amount of operating fees revenue waived, exempted, or reduced by a state university, a regional university, The Evergreen State College, or the community colleges as a whole, shall not exceed the percentage of total gross authorized operating fees revenue in this subsection. As used in this section, "gross authorized operating fees revenue" means the estimated gross operating fees revenue as estimated under RCW 82.33.020 or as revised by the office of financial management, before granting any waivers. This limitation applies to all tuition waiver programs established before or after July 1, 1992.

       (a) University of Washington                         21 percent

       (b) Washington State University                    20 percent

       (c) Eastern Washington University                                  11 percent

       (d) Central Washington University                                  8 percent

       (e) Western Washington University               10 percent

       (f) The Evergreen State College                     6 percent

       (g) Community colleges as a whole               35 percent

       (2) The limitations in subsection (1) of this section apply to waivers, exemptions, or reductions in operating fees contained in the following:

       (a) RCW 28B.10.265;

       (b) RCW 28B.15.014;

       (c) RCW 28B.15.100;

       (d) RCW 28B.15.225;

       (e) RCW 28B.15.380;

       (f) RCW 28B.15.520;

       (g) RCW 28B.15.526;

       (h) RCW 28B.15.527;

       (i) RCW 28B.15.543;

       (j) RCW 28B.15.545;

       (k) RCW 28B.15.555;

       (l) RCW 28B.15.556;

       (m) RCW 28B.15.615;

       (n) RCW 28B.15.620;

       (o) RCW 28B.15.628;

       (p) RCW 28B.15.730;

       (q) RCW 28B.15.740;

       (r) RCW 28B.15.750;

       (s) RCW 28B.15.756;

       (t) RCW 28B.50.259;

       (u) RCW 28B.70.050;

       (v) RCW 28B.80.580; and

       (w) During the 1997-99 fiscal biennium, the western interstate commission for higher education undergraduate exchange program for students attending Eastern Washington University.

       (3) The limitations in subsection (1) of this section do not apply to waivers, exemptions, or reductions in services and activities fees contained in the following:

       (a) RCW 28B.15.522;

       (b) RCW 28B.15.540; and

       (c) RCW 28B.15.558.

       (4) The total amount of operating fees revenue waived, exempted, or reduced by institutions of higher education participating in the western interstate commission for higher education western undergraduate exchange program under RCW 28B.15.544 shall not exceed the percentage of total gross authorized operating fees revenue in this subsection.

       (a) Washington State University                    1 percent

       (b) Eastern Washington University                3 percent

       (c) Central Washington University                                  3 percent"

       Correct the title., and the same are herewith transmitted.


TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk


MOTION


      On motion of Senator Kohl-Welles, the Senate concurred in the House amendment to Senate Bill No. 6010.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6010, as amended by the House.



ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6010, as amended by the House, 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, Finkbeiner, Franklin, Fraser, Gardner, Goings, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kohl-Welles, Long, Loveland, 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 Hale, Hargrove, Kline and Sellar - 4.

       SENATE BILL NO. 6010, as amended by the House, 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 eight order of business.


MOTION


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


SENATE RESOLUTION 2000-8750


By Senators Hochstatter, Sheldon, T., Morton, Wojahn, Swecker, Goings, Bauer, Oke, Rasmussen, Snyder and Jacobsen


      WHEREAS, Ed McLeary began his first fish farm in 1945 at the spring-fed headwaters of Rocky Ford Creek near Soap Lake, Washington; and

      WHEREAS, Troutlodge, Inc., founded by Ed and his wife, Lois, is the world's largest producer of live rainbow trout eggs, with over three hundred-fifty million eggs shipped to many states and over thirty foreign countries; and

      WHEREAS, Troutlodge has established itself as a renowned salmonid breeding specialist; and

      WHEREAS, Since the mid-1970's, Ed, his two sons, Randy and Russell, and daughter, Janis, have successfully operated the expansion of the business into international markets; and

      WHEREAS, Through their process of selection, new strains, temperature control, photo adaptation and more than forty years of concentration, Ed and his family have been able to constantly supply live rainbow trout eggs throughout the year; and

      WHEREAS, This constant supply helped expand world trout production by more than doubling the amount of trout produced; and

      WHEREAS, Ed has been recognized as an industry leader from the very beginning; and

      WHEREAS, Ed McLeary recognized how important political activity was to the industry and worked to gain the Internal Revenue Service's recognition of fish farming as an agricultural pursuit; and

      WHEREAS, In 1995, he received the United States Trout Farmers Association Distinguished White Award; and

      WHEREAS, The United States Fish and Wildlife Service's National Fish Culture Hall of Fame has been established to recognize those persons who have made significant contributions to the advancement of fish culture in the United States; and

      WHEREAS, In May of this year, Ed will be inducted into the National Fish Culture Hall of Fame by unanimous consent of the American Fisheries Society Fish Culture Section membership;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate salute, commend, and honor Ed McLeary for his induction into the National Fish Culture Hall of Fame and for his lifetime contributions to the aquaculture industry in Washington State, and for his entrepreneurial spirit that has led to the McLeary family reputation as the world-renowned producers and breeding specialists of rainbow trout and salmon; and

      BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to Ed McLeary and the entire McLeary family, the personnel of Troutlodge, and the American fish farming industry.


      Senators Hochstatter, Rasmussen, Wojahn, Tim Sheldon, Swecker, Stevens, Morton and Oke spoke to Senate Resolution 2000-8750.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced Ed McLeary and his family, who were seated on the rostrum.

      With permission of the Senate, business was suspended to permit Mr. McLeary to address the Senate.


MOTION


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


SENATE RESOLUTION 2000-8759


By Senators McAuliffe, Kohl-Welles, Brown, Sheldon, B., Eide, Finkbeiner, Johnson, Long, McDonald, Snyder, Spanel, Goings, West, Loveland, Heavey, Fairley, Franklin, Deccio, Wojahn, Jacobsen, and Rasmussen


      WHEREAS, Generous acts of philanthropy that promote the general well-being of the citizens of the state of Washington should be recognized and commended; and

      WHEREAS, The Bill and Melinda Gates Foundation is a shining example of philanthropy and altruism toward children and educational institutions, both private and public; and

      WHEREAS, The Gates Foundation has contributed substantial amounts to such worthy educational and children's organizations as the Global Fund for Children's Vaccines, the United Negro College Fund, Achieve Incorporated, the Gates Millennium Scholarship Program, the Winston Churchill Foundation, the Alliance for Education, and Seattle Public Schools; and

      WHEREAS, The Gates Foundation has recently donated $350 million over three years to a national initiative aimed at "reinventing" schools across the nation, with $50 million specifically designated for grants to ten Washington School Districts; and

      WHEREAS, This generous act of philanthropy is furthered through four different grant programs which include grants for leadership development based on Washington State's successful Smart Tools Academy; and

      WHEREAS, Grants for teacher development will commit to training teachers in Washington; and

      WHEREAS, Grants for schools to provide technology-enriched learning models, and grants for school districts to strengthen learning communities across the state coincide with and support Washington State's educational goals; and

      WHEREAS, The Gates Foundation, in the programs and organizations it has supported, has shown leadership, foresight, innovation, and, above all, generosity; and

      WHEREAS, The Gates Foundation has acted and will continue to act as an inspiration to all who believe that the education of all children is one of the most fundamental duties of each citizen of the state of Washington;

      NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate do hereby recognize and honor the Bill and Melinda Gates Foundation for their magnanimous contributions, which will undoubtedly help the young people of Washington prepare for their future; and

      BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to the Bill and Melinda Gates Foundation.


      Senators McAuliffe, Franklin, Eide, Johnson, Deccio, Kohl-Welles, Thibaudeau and Heavey spoke to Senate Resolution 2000-8759.


MOTION


      On motion of Senator Goings, the Senate returned to the fourth order of business.


MOTION


      On motion of Senator Loveland, Senator Franklin was excused.


MOTION


      On motion of Senator McCaslin, Senator Honeyford was excused.


MESSAGE FROM THE HOUSE

March 2, 2000

MR. PRESIDENT:

      The House has passed SUBSTITUTE SENATE BILL NO. 6071 with the following amendment(s):

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 46.52.020 and 1990 c 210 s 2 are each amended to read as follows:

       (1) A driver of any vehicle involved in an accident resulting in the injury to or death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to, and in every event remain at, the scene of such accident until he or she has fulfilled the requirements of subsection (3) of this section; every such stop shall be made without obstructing traffic more than is necessary.

       (2) The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person or damage to other property shall immediately stop such vehicle at the scene of such accident or as close thereto as possible and shall forthwith return to, and in any event shall remain at, the scene of such accident until he or she has fulfilled the requirements of subsection (3) of this section; every such stop shall be made without obstructing traffic more than is necessary.

       (3) Unless otherwise provided in subsection (7) of this section the driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person or damage to other property shall give his or her name, address, insurance company, insurance policy number, and vehicle license number and shall exhibit his or her vehicle driver's license to any person struck or injured or the driver or any occupant of, or any person attending, any such vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to a physician or hospital for medical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person or on his or her behalf. Under no circumstances shall the rendering of assistance or other compliance with the provisions of this subsection be evidence of the liability of any driver for such accident.

       (4)(a) Any driver covered by the provisions of subsection (1) of this section failing to stop or comply with any of the requirements of subsection (3) of this section ((under said circumstances shall be)) in the case of an accident resulting in death is guilty of a class B felony and, upon conviction, is punishable according to chapter 9A.20 RCW.

       (b) Any driver covered by the provisions of subsection (1) of this section failing to stop or comply with any of the requirements of subsection (3) of this section in the case of an accident resulting in injury is guilty of a class C felony and, upon conviction, ((be punished pursuant to RCW 9A.20.020: PROVIDED, That)) is punishable according to chapter 9A.20 RCW.

       (c) This ((provision)) subsection shall not apply to any person injured or incapacitated by such accident to the extent of being physically incapable of complying ((herewith)) with this section.

       (5) Any driver covered by the provisions of subsection (2) of this section failing to stop or to comply with any of the requirements of subsection (3) of this section under said circumstances shall be guilty of a gross misdemeanor: PROVIDED, That this provision shall not apply to any person injured or incapacitated by such accident to the extent of being physically incapable of complying herewith.

       (6) The license or permit to drive or any nonresident privilege to drive of any person convicted under this section or any local ordinance consisting of substantially the same language as this section of failure to stop and give information or render aid following an accident with any vehicle driven or attended by any person shall be revoked by the department.

       (7) If none of the persons specified are in condition to receive the information to which they otherwise would be entitled under subsection (3) of this section, and no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsections (1) and (3) of this section insofar as possible on his or her part to be performed, shall forthwith report such accident to the nearest office of the duly authorized police authority and submit thereto the information specified in subsection (3) of this section.

       Sec. 2. RCW 9.94A.320 and 1999 c 352 s 3, 1999 c 322 s 5, and 1999 c 45 s 4 are each reenacted and amended to read as follows:

       TABLE 2


CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

 

XVI                       Aggravated Murder 1 (RCW 10.95.020)

 XV                       Homicide by abuse (RCW 9A.32.055)

                              Malicious explosion 1 (RCW 70.74.280(1))

                              Murder 1 (RCW 9A.32.030)

XIV                       Murder 2 (RCW 9A.32.050)

XIII                       Malicious explosion 2 (RCW 70.74.280(2))

                              Malicious placement of an explosive 1 (RCW 70.74.270(1))

 XII                       Assault 1 (RCW 9A.36.011)

                              Assault of a Child 1 (RCW 9A.36.120)

                              Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))

                              Rape 1 (RCW 9A.44.040)

                              Rape of a Child 1 (RCW 9A.44.073)

   XI                       Manslaughter 1 (RCW 9A.32.060)

                              Rape 2 (RCW 9A.44.050)

                              Rape of a Child 2 (RCW 9A.44.076)

    X                       Child Molestation 1 (RCW 9A.44.083)

                              Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))

                              Kidnapping 1 (RCW 9A.40.020)

                              Leading Organized Crime (RCW 9A.82.060(1)(a))

                              Malicious explosion 3 (RCW 70.74.280(3))

                              Manufacture of methamphetamine (RCW 69.50.401(a)(1)(ii))

                              Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)

   IX                       Assault of a Child 2 (RCW 9A.36.130)

                              Controlled Substance Homicide (RCW 69.50.415)

                              Explosive devices prohibited (RCW 70.74.180)

                              Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW ((88.12.029)) 79A.60.050)

                              Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))

                              Malicious placement of an explosive 2 (RCW 70.74.270(2))

                              Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)

                              Robbery 1 (RCW 9A.56.200)

                              Sexual Exploitation (RCW 9.68A.040)

                              Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)

VIII                       Arson 1 (RCW 9A.48.020)

                              Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))

                              Hit and Run--Death (RCW 46.52.020(4)(a))

                              Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW ((88.12.029)) 79A.60.050)

                              Manslaughter 2 (RCW 9A.32.070)

                              Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(a)(1)(ii))

                              Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))

                              Possession of ephedrine or pseudoephedrine with intent to manufacture methamphetamine (RCW 69.50.440)

                              Promoting Prostitution 1 (RCW 9A.88.070)

                              Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)

                              Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)

 VII                       Burglary 1 (RCW 9A.52.020)

                              Child Molestation 2 (RCW 9A.44.086)

                              Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)

                              Drive-by Shooting (RCW 9A.36.045)

                              Homicide by Watercraft, by disregard for the safety of others (RCW ((88.12.029)) 79A.60.050)

                              Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))

                              Introducing Contraband 1 (RCW 9A.76.140)

                              Involving a minor in drug dealing (RCW 69.50.401(f))

                              Malicious placement of an explosive 3 (RCW 70.74.270(3))

                              Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)

                              Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))

                              Use of a Machine Gun in Commission of a Felony (RCW 9.41.225)

                              Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)

   VI                       Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))

                              Bribery (RCW 9A.68.010)

                              Incest 1 (RCW 9A.64.020(1))

                              Intimidating a Judge (RCW 9A.72.160)

                              Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)

                              Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))

                              Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) or flunitrazepam from Schedule IV (RCW 69.50.401(a)(1)(i))

                              Rape of a Child 3 (RCW 9A.44.079)

                              Theft of a Firearm (RCW 9A.56.300)

    V                       Abandonment of dependent person 1 (RCW 9A.42.060)

                              Advancing money or property for extortionate extension of credit (RCW 9A.82.030)

                              Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))

                              Child Molestation 3 (RCW 9A.44.089)

                              Criminal Mistreatment 1 (RCW 9A.42.020)

                              Custodial Sexual Misconduct 1 (RCW 9A.44.160)

                              Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))

                              Extortion 1 (RCW 9A.56.120)

                              Extortionate Extension of Credit (RCW 9A.82.020)

                              Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)

                              Incest 2 (RCW 9A.64.020(2))

                              Kidnapping 2 (RCW 9A.40.030)

                              On and after July 1, 2000: No-Contact Order Violation: Domestic Violence Pretrial Condition (RCW 10.99.040(4) (b) and (c))

                              On and after July 1, 2000: No-Contact Order Violation: Domestic Violence Sentence Condition (RCW 10.99.050(2))

                              On and after July 1, 2000: Protection Order Violation: Domestic Violence Civil Action (RCW 26.50.110 (4) and (5))

                              On and after July 1, 2000: Stalking (RCW 9A.46.110)

                              Perjury 1 (RCW 9A.72.020)

                              Persistent prison misbehavior (RCW 9.94.070)

                              Possession of a Stolen Firearm (RCW 9A.56.310)

                              Rape 3 (RCW 9A.44.060)

                              Rendering Criminal Assistance 1 (RCW 9A.76.070)

                              Sexual Misconduct with a Minor 1 (RCW 9A.44.093)

                              Sexually Violating Human Remains (RCW 9A.44.105)

   IV                       Arson 2 (RCW 9A.48.030)

                              Assault 2 (RCW 9A.36.021)

                              Assault by Watercraft (RCW ((88.12.032)) 79A.60.060)

                              Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)

                              Commercial Bribery (RCW 9A.68.060)

                              Counterfeiting (RCW 9.16.035(4))

                              Escape 1 (RCW 9A.76.110)

                              Hit and Run--Injury ((Accident)) (RCW 46.52.020(4)(b))

                              Hit and Run with Vessel--Injury Accident (RCW ((88.12.155)) 79A.60.200(3))

                              Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)

                              Influencing Outcome of Sporting Event (RCW 9A.82.070)

                              Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))

                              Malicious Harassment (RCW 9A.36.080)

                              Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(a)(1) (iii) through (v))

                              Residential Burglary (RCW 9A.52.025)

                              Robbery 2 (RCW 9A.56.210)

                              Theft of Livestock 1 (RCW 9A.56.080)

                              Threats to Bomb (RCW 9.61.160)

                              Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))

                              Vehicular Assault (RCW 46.61.522)

                              Willful Failure to Return from Furlough (RCW 72.66.060)

   III                       Abandonment of dependent person 2 (RCW 9A.42.070)

                              Assault 3 (RCW 9A.36.031)

                              Assault of a Child 3 (RCW 9A.36.140)

                              Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))

                              Burglary 2 (RCW 9A.52.030)

                              Communication with a Minor for Immoral Purposes (RCW 9.68A.090)

                              Criminal Gang Intimidation (RCW 9A.46.120)

                              Criminal Mistreatment 2 (RCW 9A.42.030)

                              Custodial Assault (RCW 9A.36.100)

                              Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))

                              Escape 2 (RCW 9A.76.120)

                              Extortion 2 (RCW 9A.56.130)

                              Harassment (RCW 9A.46.020)

                              Intimidating a Public Servant (RCW 9A.76.180)

                              Introducing Contraband 2 (RCW 9A.76.150)

                              Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(a)(6))

                              Malicious Injury to Railroad Property (RCW 81.60.070)

                              Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(iii))

                              Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))

                              Patronizing a Juvenile Prostitute (RCW 9.68A.100)

                              Perjury 2 (RCW 9A.72.030)

                              Possession of Incendiary Device (RCW 9.40.120)

                              Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190)

                              Promoting Prostitution 2 (RCW 9A.88.080)

                              Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))

                              Securities Act violation (RCW 21.20.400)

                              Tampering with a Witness (RCW 9A.72.120)

                              Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230)

                              Theft of Livestock 2 (RCW 9A.56.080)

                              Unlawful Imprisonment (RCW 9A.40.040)

                              Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))

                              Unlawful Use of Building for Drug Purposes (RCW 69.53.010)

                              Willful Failure to Return from Work Release (RCW 72.65.070)

    II                       Computer Trespass 1 (RCW 9A.52.110)

                              Counterfeiting (RCW 9.16.035(3))

                              Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))

                              Escape from Community Custody (RCW 72.09.310)

                              Health Care False Claims (RCW 48.80.030)

                              Malicious Mischief 1 (RCW 9A.48.070)

                              Possession of controlled substance that is either heroin or narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(d))

                              Possession of phencyclidine (PCP) (RCW 69.50.401(d))

                              Possession of Stolen Property 1 (RCW 9A.56.150)

                              Theft 1 (RCW 9A.56.030)

                              Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more) (RCW 9A.56.096(4))

                              Trafficking in Insurance Claims (RCW 48.30A.015)

                              Unlawful Practice of Law (RCW 2.48.180)

                              Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))

      I                       Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

                              False Verification for Welfare (RCW 74.08.055)

                              Forged Prescription (RCW 69.41.020)

                              Forged Prescription for a Controlled Substance (RCW 69.50.403)

                              Forgery (RCW 9A.60.020)

                              Malicious Mischief 2 (RCW 9A.48.080)

                              Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine or flunitrazepam) (RCW 69.50.401(d))

                              Possession of Stolen Property 2 (RCW 9A.56.160)

                              Reckless Burning 1 (RCW 9A.48.040)

                              Taking Motor Vehicle Without Permission (RCW 9A.56.070)

                              Theft 2 (RCW 9A.56.040)

                              Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars) (RCW 9A.56.096(4))

                              Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)

                              Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))

                              Vehicle Prowl 1 (RCW 9A.52.095)

       Sec. 3. RCW 13.40.0357 and 1998 c 290 s 5 are each amended to read as follows:


       DESCRIPTION AND OFFENSE CATEGORY


juvenile                                                                                                                                                                                                           juvenile disposition

disposition                                                                                                                                                                                                 category for attempt,

offense                                                                                                                                                                                                         bailjump, conspiracy,

category                 description (rcw citation)                                                                                                                                                         or solicitation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 


                              Arson and Malicious Mischief

       A                    Arson 1 (9A.48.020)                                 B+

       B                    Arson 2 (9A.48.030)                                 C

       C                    Reckless Burning 1 (9A.48.040)               D

       D                    Reckless Burning 2 (9A.48.050)               E

       B                    Malicious Mischief 1 (9A.48.070)            C

       C                    Malicious Mischief 2 (9A.48.080)            D

       D                    Malicious Mischief 3 (<$50 is

                              E class) (9A.48.090)                                 E

       E                     Tampering with Fire Alarm

                              Apparatus (9.40.100)                                E

       A                    Possession of Incendiary Device

                              (9.40.120)                                                  B+


                              Assault and Other Crimes

                              Involving Physical Harm

       A                    Assault 1 (9A.36.011)                               B+

       B+                  Assault 2 (9A.36.021)                               C+

       C+                  Assault 3 (9A.36.031)                               D+

       D+                  Assault 4 (9A.36.041)                               E

       B+                  Drive-By Shooting

                              (9A.36.045)                                               C+

       D+                  Reckless Endangerment

                              (9A.36.050)                                               E

       C+                  Promoting Suicide Attempt

                              (9A.36.060)                                               D+

       D+                  Coercion (9A.36.070)                               E

       C+                  Custodial Assault (9A.36.100)                                    D+

                              Burglary and Trespass

       B+                  Burglary 1 (9A.52.020)                             C+

       B                    Residential Burglary

                              (9A.52.025)                                               C

       B                    Burglary 2 (9A.52.030)                             C

       D                    Burglary Tools (Possession of)

                              (9A.52.060)                                               E

       D                    Criminal Trespass 1 (9A.52.070)              E

       E                     Criminal Trespass 2 (9A.52.080)              E

       C                    Vehicle Prowling 1 (9A.52.095)               D

       D                    Vehicle Prowling 2 (9A.52.100)               E

                              Drugs

       E                     Possession/Consumption of Alcohol

                              (66.44.270)                                                E

       C                    Illegally Obtaining Legend Drug

                              (69.41.020)                                                D

       C+                  Sale, Delivery, Possession of Legend

                              Drug with Intent to Sell

                              (69.41.030)                                                D+

       E                     Possession of Legend Drug

                              (69.41.030)                                                E

       B+                  Violation of Uniform Controlled

                              Substances Act - Narcotic,

                              Methamphetamine, or Flunitrazepam

                              Sale (69.50.401(a)(1) (i) or (ii))                B+

       C                    Violation of Uniform Controlled

                              Substances Act - Nonnarcotic Sale

                              (69.50.401(a)(1)(iii))                                 C

       E                     Possession of Marihuana <40 grams

                              (69.50.401(e))                                           E

       C                    Fraudulently Obtaining Controlled

                              Substance (69.50.403)                              C

       C+                  Sale of Controlled Substance

                              for Profit (69.50.410)                                C+

       E                     Unlawful Inhalation (9.47A.020)              E

       B                    Violation of Uniform Controlled

                              Substances Act - Narcotic,

                              Methamphetamine, or Flunitrazepam

                              Counterfeit Substances

                              (69.50.401(b)(1) (i) or (ii))                       B

       C                    Violation of Uniform Controlled

                              Substances Act - Nonnarcotic

                              Counterfeit Substances

                              (69.50.401(b)(1) (iii), (iv), (v))                 C

       C                    Violation of Uniform Controlled

                              Substances Act - Possession of a

                              Controlled Substance

                              (69.50.401(d))                                           C

       C                    Violation of Uniform Controlled

                              Substances Act - Possession of a

                              Controlled Substance

                              (69.50.401(c))                                           C

                              Firearms and Weapons

       B                    Theft of Firearm (9A.56.300)                   C

       B                    Possession of Stolen Firearm

                              (9A.56.310)                                               C

       E                     Carrying Loaded Pistol Without

                              Permit (9.41.050)                                      E

       C                    Possession of Firearms by Minor (<18)

                              (9.41.040(1)(b)(iii))                                  C

       D+                  Possession of Dangerous Weapon

                              (9.41.250)                                                  E

\      D                    Intimidating Another Person by use

                              of Weapon (9.41.270)                               E

                              Homicide

       A+                  Murder 1 (9A.32.030)                               A

       A+                  Murder 2 (9A.32.050)                               B+

       B+                  Manslaughter 1 (9A.32.060)                     C+

       C+                  Manslaughter 2 (9A.32.070)                     D+

       B+                  Vehicular Homicide (46.61.520)              C+

                              Kidnapping

       A                    Kidnap 1 (9A.40.020)                               B+

       B+                  Kidnap 2 (9A.40.030)                               C+

       C+                  Unlawful Imprisonment

                              (9A.40.040)                                               D+

                              Obstructing Governmental Operation

       D                    Obstructing a Law Enforcement

                              Officer (9A.76.020)                                  E

       E                     Resisting Arrest (9A.76.040)                    E

       B                    Introducing Contraband 1

                              (9A.76.140)                                               C

       C                    Introducing Contraband 2

                              (9A.76.150)                                               D

       E                     Introducing Contraband 3

                              (9A.76.160)                                               E

       B+                  Intimidating a Public Servant

                              (9A.76.180)                                               C+

       B+                  Intimidating a Witness

                              (9A.72.110)                                               C+

                              Public Disturbance

       C+                  Riot with Weapon (9A.84.010)                 D+

       D+                  Riot Without Weapon

                              (9A.84.010)                                               E

       E                     Failure to Disperse (9A.84.020)               E

       E                     Disorderly Conduct (9A.84.030)              E

                              Sex Crimes

       A                    Rape 1 (9A.44.040)                                   B+

       A-                   Rape 2 (9A.44.050)                                   B+

       C+                  Rape 3 (9A.44.060)                                   D+

       A-                   Rape of a Child 1 (9A.44.073)                                    B+

       B+                  Rape of a Child 2 (9A.44.076)                                    C+

       B                    Incest 1 (9A.64.020(1))                             C

       C                    Incest 2 (9A.64.020(2))                             D

       D+                  Indecent Exposure

                              (Victim <14) (9A.88.010)                         E

       E                     Indecent Exposure

                              (Victim 14 or over) (9A.88.010)               E

       B+                  Promoting Prostitution 1

                              (9A.88.070)                                               C+

       C+                  Promoting Prostitution 2

                              (9A.88.080)                                               D+

       E                     O & A (Prostitution) (9A.88.030)             E

       B+                  Indecent Liberties (9A.44.100)                 C+

       A-                   Child Molestation 1 (9A.44.083)              B+

       B                    Child Molestation 2 (9A.44.086)              C+

                              Theft, Robbery, Extortion, and Forgery

       B                    Theft 1 (9A.56.030)                                  C

       C                    Theft 2 (9A.56.040)                                  D

       D                    Theft 3 (9A.56.050)                                  E

       B                    Theft of Livestock (9A.56.080)                C

       C                    Forgery (9A.60.020)                                 D

       A                    Robbery 1 (9A.56.200)                             B+

       B+                  Robbery 2 (9A.56.210)                             C+

       B+                  Extortion 1 (9A.56.120)                            C+

       C+                  Extortion 2 (9A.56.130)                            D+

       B                    Possession of Stolen Property 1

                              (9A.56.150)                                               C

       C                    Possession of Stolen Property 2

                              (9A.56.160)                                               D

       D                    Possession of Stolen Property 3

                              (9A.56.170)                                               E

       C                    Taking Motor Vehicle Without

                              Owner's Permission (9A.56.070)              D

                              Motor Vehicle Related Crimes

       E                     Driving Without a License

                              (46.20.005)                                                E

       B+                  Hit and Run - Death

                              (46.52.020(4)(a))                                       C+

       C                    Hit and Run - Injury

                              (46.52.020(4)(b))                                      D

       D                    Hit and Run-Attended

                              (46.52.020(5))                                           E

       E                     Hit and Run-Unattended

                              (46.52.010)                                                E

       C                    Vehicular Assault (46.61.522)                                    D

       C                    Attempting to Elude Pursuing

                              Police Vehicle (46.61.024)                       D

       E                     Reckless Driving (46.61.500)                                     E

       D                    Driving While Under the Influence

                              (46.61.502 and 46.61.504)                        E

                              Other

       B                    Bomb Threat (9.61.160)                           C

       C                    Escape 11 (9A.76.110)                              C

       C                    Escape 21 (9A.76.120)                              C

       D                    Escape 3 (9A.76.130)                               E

       E                     Obscene, Harassing, Etc.,

                              Phone Calls (9.61.230)                             E

       A                    Other Offense Equivalent to an

                              Adult Class A Felony                               B+

       B                    Other Offense Equivalent to an

                              Adult Class B Felony                                C

       C                    Other Offense Equivalent to an

                              Adult Class C Felony                                D

       D                    Other Offense Equivalent to an

                              Adult Gross Misdemeanor                        E

       E                     Other Offense Equivalent to an

                              Adult Misdemeanor                                  E

       V                    Violation of Order of Restitution,

                              Community Supervision, or

                              Confinement (13.40.200)2                        V


1. Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:

       1st escape or attempted escape during 12-month period - 4 weeks confinement

       2nd escape or attempted escape during 12-month period - 8 weeks confinement

       3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement

2. If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.


JUVENILE SENTENCING STANDARDS


This schedule must be used for juvenile offenders. The court may select sentencing option A, B, or C.


OPTION A

JUVENILE OFFENDER SENTENCING GRID

STANDARD RANGE

 

                                                                                                                                    

       A+                  180 WEEKS TO AGE 21 YEARS

                                                                                                                                    

       A                    103 WEEKS TO 129 WEEKS

                                                                              

       A-                   15-36   |52-65       |80-100      |103-129

                              WEEKS                |WEEKS   |WEEKS   |WEEKS

                              EXCEPT               |||

                              30-40   |||

                              WEEKS FOR        |||

                              15-17   |||

                              YEAR OLDS        |||

                                                                                                

Current                  B+       15-36                          |52-65       |80-100      |103-129

Offense                              WEEKS                      |WEEKS   |WEEKS   |WEEKS

Category                                                                                                                                        

       B                    LOCAL                                   |                 |52-65

                               SANCTIONS (LS)                 |15-36 WEEKS           |WEEKS

                                                                                                                                     

       C+                  LS                                           |

                                                                               |15-36 WEEKS

                                                                                                 

       C                    LS                                                             |15-36 WEEKS

                                           Local Sanctions:                           |

                                           0 to 30 Days                                                                     

       D+                  LS       0 to 12 Months Community Supervision

                                           0 to 150 Hours Community Service

       D                    LS       $0 to $500 Fine

 

       E                     LS 

                                                                                                                                    

       0                     1          2                3                4 or more

                              PRIOR ADJUDICATIONS


NOTE: References in the grid to days or weeks mean periods of confinement.

(1) The vertical axis of the grid is the current offense category. The current offense category is determined by the offense of adjudication.

(2) The horizontal axis of the grid is the number of prior adjudications included in the juvenile's criminal history. Each prior felony adjudication shall count as one point. Each prior violation, misdemeanor, and gross misdemeanor adjudication shall count as 1/4 point. Fractional points shall be rounded down.

(3) The standard range disposition for each offense is determined by the intersection of the column defined by the prior adjudications and the row defined by the current offense category.

(4) RCW 13.40.180 applies if the offender is being sentenced for more than one offense.

(5) A current offense that is a violation is equivalent to an offense category of E. However, a disposition for a violation shall not include confinement.


OR


OPTION B

CHEMICAL DEPENDENCY DISPOSITION ALTERNATIVE


If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court may impose a disposition under RCW 13.40.160(((5))) (4) and 13.40.165.


OR


OPTION C

MANIFEST INJUSTICE


If the court determines that a disposition under option A or B would effectuate a manifest injustice, the court shall impose a disposition outside the standard range under RCW 13.40.160(2)."

       Correct the title., and the same are herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk


MOTION


      Senator Heavey moved that the Senate concur in the House amendment to Substitute Senate Bill No. 6071.

      Debate ensued.

      The President declared the question before the Senate to be the motion by Senator Heavey that the Senate concur in the House amendment to Substitute Senate Bill No. 6071.

      The motion by Senator Heavey carried and the Senate concurred in the House amendment to Substitute Senate Bill No. 6071.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6071, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6071, as amended by the House, 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, Finkbeiner, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, 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, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.

     Excused: Senators Franklin, Hargrove, Honeyford and Sellar - 4.

      SUBSTITUTE SENATE BILL NO. 6071, as amended by the House, 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.


MESSAGE FROM THE HOUSE.


March 1, 2000


MR. PRESIDENT: 

      The House has passed SENATE BILL NO. 6154 with the following amendment(s):

       On page 1, line 13, after "compensation" insert ", consistent with RCW 36.48.010, 36.48.080, and 36.48.090", and the same are herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk


MOTION


      On motion of Senator Patterson, the Senate concurred in the House amendment to Senate Bill No. 6154.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6154, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6154, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Fraser, Gardner, Goings, Hale, Haugen, Hochstatter, 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, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

     Voting nay: Senator Heavey - 1.

     Excused: Senators Franklin, Hargrove, Honeyford and Sellar - 4.

.     SENATE BILL NO. 6154, as amended by the House, 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, the Senate advanced to the sixth order of business.

      There being no objection, the Senate resumed consideration of Second Substitute Senate Bill No. 5243, deferred on second reading March 2, 2000, after the President ruled that the bill was not properly before the Senate at that time.


POINT OF ORDER


      Senator Goings: "Mr. President, a point of order. We now have before us Second Substitute Senate Bill No. 5243. In light of the adoption of the Senate operating budget yesterday afternoon, March 5, I ask the President to reconsider his decision on this issue on whether it is properly before the Senate at this time."


POINT OF ORDER


      Senator Johnson: "A point of order. Mr. President, this bill is before us and the President ruled that is wasn't properly before us, because of the cutoff resolution. I believe the pathway for it to be properly before us would be a motion and that would require that the mover of the motion goes to the ninth order of business.”

      Debate ensued.


REPLY BY THE PRESIDENT


      President Owen: “Senator Johnson, I”ll try to walk through this carefully. In dealing with Second Substitute Senate Bill No. 5243, once the President made his ruling, Senator Betti Sheldon made the motion that the bill hold its place on the second reading calendar, which passed without objection. So, the issue now is--it is on the second reading calendar--the point that Senator Goings has raised is now can it be considered in light of the passage of the budget.

      “The President believes that the bill can be brought up, but that it would have to be reviewed to determine whether or not it can be properly before us. We will now be dealing with Senator Goings point of order for the President to decide. He would allow arguments on either side if the members wish to do so.”

      Further debate ensued.


PARLIAMENTARY INQUIRY


      Senator West: “The last several days the President has ruled that he allows one on each side to speak. The Senator from the Twenty-fifth district has already spoken. Granted, he did not say much, but he spoke.”


REPLY BY THE PRESIDENT


      President Owen: “Two issues--one, Senator Goings did not argue for his position. He stated his point of order. Two, the President also ruled that the number of people presenting on each side is at the President’s discretion. However, we have only had an argument on one side. Senator Kline.”

      Further debate ensued.

  

MOTION


      On motion of Senator Goings, further consideration of Second Substitute Senate Bill No. 5243 was deferred and the bill held its place on the second reading calendar.


MOTION


      On motion of Senator Goings, the Senate returned to the fourth order of business.


      President Pro Tempore Wojahn assumed the Chair.


MESSAGE FROM THE HOUSE

March 2, 2000


MR. PRESIDENT:

      The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6264 with the following amendment(s):

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature has recognized the need to develop a graduated licensing system in light of the disproportionately high incidence of motor vehicle crashes involving youthful motorists. This system will improve highway safety by progressively developing and improving the skills of younger drivers in the safest possible environment, thereby reducing the number of vehicle crashes.

       NEW SECTION. Sec. 2. A new section is added to chapter 46.20 RCW to read as follows:

       (1) An intermediate license authorizes the holder to drive a motor vehicle under the conditions specified in this section. An applicant for an intermediate license must be at least sixteen years of age and:

       (a) Have possessed a valid instruction permit for a period of not less than six months;

       (b) Have passed a driver licensing examination administered by the department;

       (c) Have passed a course of driver's education in accordance with the standards established in RCW 46.20.100;

       (d) Present certification by his or her parent, guardian, or employer to the department stating (i) that the applicant has had at least fifty hours of driving experience, ten of which were at night, during which the driver was supervised by a person at least twenty-one years of age who has had a valid driver's license for at least three years, and (ii) that the applicant has not been issued a notice of traffic infraction or cited for a traffic violation that is pending at the time of the application for the intermediate license;

       (e) Not have been convicted of or found to have committed a traffic violation within the last six months before the application for the intermediate license; and

       (f) Not have been adjudicated for an offense involving the use of alcohol or drugs during the period the applicant held an instruction permit.

       (2) For the first six months after the issuance of an intermediate license or until the holder reaches eighteen years of age, whichever occurs first, the holder of the license may not operate a motor vehicle that is carrying any passengers under the age of twenty who are not members of the holder's immediate family as defined in RCW 42.17.020. For the remaining period of the intermediate license, the holder may not operate a motor vehicle that is carrying more than three passengers who are under the age of twenty who are not members of the holder's immediate family.

       (3) The holder of an intermediate license may not operate a motor vehicle between the hours of 1 a.m. and 5 a.m. except when the holder is accompanied by a parent, guardian, or a licensed driver who is at least twenty-five years of age.

       (4) It is a traffic infraction for the holder of an intermediate license to operate a motor vehicle in violation of the restrictions imposed under this section.

       (5) Enforcement 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 this title or an equivalent local ordinance or some other offense.

       (6) An intermediate licensee may drive at any hour without restrictions on the number of passengers in the vehicle if necessary for agricultural purposes.

       (7) An intermediate licensee may drive at any hour without restrictions on the number of passengers in the vehicle if, for the twelve-month period following the issuance of the intermediate license, he or she:

       (a) Has not been involved in an automobile accident; and

       (b) Has not been convicted or found to have committed a traffic offense described in chapter 46.61 RCW or violated restrictions placed on an intermediate licensee under this section.

       NEW SECTION. Sec. 3. A new section is added to chapter 46.20 RCW to read as follows:

       If a person issued an intermediate license is convicted of or found to have committed a traffic offense described in chapter 46.61 RCW or violated restrictions placed on an intermediate license under section 2 of this act:

       (1) On the first such conviction or finding the department shall mail the parent or guardian of the person a letter warning the person of the provisions of this section;

       (2) On the second such conviction or finding, the department shall suspend the person's intermediate driver's license for a period of six months or until the person reaches eighteen years of age, whichever occurs first, and mail the parent or guardian of the person a notification of the suspension;

       (3) On the third such conviction or finding, the department shall suspend the person's intermediate driver's license until the person reaches eighteen years of age, and mail the parent or guardian of the person a notification of the suspension.

       For the purposes of this section, a single ticket for one or more traffic offenses constitutes a single traffic offense.

       Sec. 4. RCW 46.20.091 and 1999 c 6 s 14 are each amended to read as follows:

       (1) Application. In order to apply for a driver's license or instruction permit the applicant must provide his or her:

       (a) Name of record, as established by documentation required under RCW 46.20.035;

       (b) Date of birth, as established by satisfactory evidence of age;

       (c) Sex;

       (d) Washington residence address;

       (e) Description;

       (f) Driving licensing history, including:

       (i) Whether the applicant has ever been licensed as a driver or chauffeur and, if so, (A) when and by what state or country; (B) whether the license has ever been suspended or revoked; and (C) the date of and reason for the suspension or revocation; or

       (ii) Whether the applicant's application to another state or country for a driver's license has ever been refused and, if so, the date of and reason for the refusal; and

       (g) Any additional information required by the department.

       (2) Sworn statement. An application for an instruction permit or for an original driver's license must be made upon a form provided by the department. The form must include a section for the applicant to indicate whether he or she has received driver training and, if so, where. The identifying documentation verifying the name of record must be accompanied by the applicant's written statement that it is valid. The information provided on the form must be sworn to and signed by the applicant before a person authorized to administer oaths. An applicant who makes a false statement on an application for a driver's license or instruction permit is guilty of false swearing, a gross misdemeanor, under RCW 9A.72.040.

       (3) Driving records from other jurisdictions. If a person previously licensed in another jurisdiction applies for a Washington driver's license, the department shall request a copy of the applicant's driver's record from the other jurisdiction. The driving record from the other jurisdiction becomes a part of the driver's record in this state.

       (4) Driving records to other jurisdictions. If another jurisdiction requests a copy of a person's Washington driver's record, the department shall provide a copy of the record. The department shall forward the record without charge if the other jurisdiction extends the same privilege to the state of Washington. Otherwise the department shall charge a reasonable fee for transmittal of the record.

       Sec. 5. RCW 46.20.105 and 1987 c 463 s 3 are each amended to read as follows:

       (1) The department may provide a method to distinguish the driver's license of a person who is under the age of twenty-one from the driver's license of a person who is twenty-one years of age or older.

       (2) An instruction permit must be identified as an "instruction permit" and issued in a distinctive form as determined by the department.

       (3) An intermediate license must be identified as an "intermediate license" and issued in a distinctive form as determined by the department.

       Sec. 6. RCW 46.20.161 and 1999 c 308 s 2 are each amended to read as follows:

       The department, upon receipt of a fee of twenty-five dollars, unless the driver's license is issued for a period other than five years, in which case the fee shall be five dollars for each year that the license is issued, which includes the fee for the required photograph, shall issue to every qualifying applicant a driver's license. A driver's license issued to a person under the age of eighteen is an intermediate license, subject to the restrictions imposed under section 2 of this act, until the person reaches the age of eighteen. The license must include a distinguishing number assigned to the licensee, the name of record, date of birth, Washington residence address, photograph, a brief description of the licensee, and either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with pen and ink immediately upon receipt of the license. No license is valid until it has been so signed by the licensee.

       Sec. 7. RCW 46.20.311 and 1998 c 212 s 1 are each amended to read as follows:

       (1)(a) The department shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a fixed period of more than one year, except as specifically permitted under section 3 of this act, RCW 46.20.342, or other provision of law. Except for a suspension under section 3 of this act, RCW 46.20.289, 46.20.291(5), or 74.20A.320, whenever the license or driving privilege of any person is suspended by reason of a conviction, a finding that a traffic infraction has been committed, pursuant to chapter 46.29 RCW, or pursuant to RCW 46.20.291 or 46.20.308, the suspension shall remain in effect until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reinstatement until enrollment and participation in an approved program has been established and the person is otherwise qualified. Whenever the license or driving privilege of any person is suspended as a result of certification of noncompliance with a child support order under chapter 74.20A RCW or a residential or visitation order, the suspension shall remain in effect until the person provides a release issued by the department of social and health services stating that the person is in compliance with the order.

       (b)(i) The department shall not issue to the person a new, duplicate, or renewal license until the person pays a reissue fee of twenty dollars.

       (ii) If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, or is the result of administrative action under RCW 46.20.308, the reissue fee shall be one hundred fifty dollars.

       (2)(a) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked, unless the revocation was for a cause which has been removed, is not entitled to have the license or privilege renewed or restored until: (i) After the expiration of one year from the date the license or privilege to drive was revoked; (ii) after the expiration of the applicable revocation period provided by RCW 46.20.3101 or 46.61.5055; (iii) after the expiration of two years for persons convicted of vehicular homicide; or (iv) after the expiration of the applicable revocation period provided by RCW 46.20.265.

       (b)(i) After the expiration of the appropriate period, the person may make application for a new license as provided by law together with a reissue fee in the amount of twenty dollars.

       (ii) If the revocation is the result of a violation of RCW 46.20.308, 46.61.502, or 46.61.504, the reissue fee shall be one hundred fifty dollars. If the revocation is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reissuance of a license, permit, or privilege to drive until enrollment and participation in an approved program has been established and the person is otherwise qualified.

       (c) Except for a revocation under RCW 46.20.265, the department shall not then issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant the privilege of driving a motor vehicle on the public highways, and until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. For a revocation under RCW 46.20.265, the department shall not issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant that person the privilege of driving a motor vehicle on the public highways.

       (3)(a) Whenever the driver's license of any person is suspended pursuant to Article IV of the nonresident violators compact or RCW 46.23.020 or 46.20.289 or 46.20.291(5), the department shall not issue to the person any new or renewal license until the person pays a reissue fee of twenty dollars.

       (b) If the suspension is the result of a violation of the laws of this or any other state, province, or other jurisdiction involving (i) the operation or physical control of a motor vehicle upon the public highways while under the influence of intoxicating liquor or drugs, or (ii) the refusal to submit to a chemical test of the driver's blood alcohol content, the reissue fee shall be one hundred fifty dollars.

       Sec. 8. RCW 46.20.342 and 1999 c 274 s 3 are each amended to read as follows:

       (1) It is unlawful for any person to drive a motor vehicle in this state while that person is in a suspended or revoked status or when his or her privilege to drive is suspended or revoked in this or any other state. Any person who has a valid Washington driver's license is not guilty of a violation of this section.

       (a) A person found to be an habitual offender under chapter 46.65 RCW, who violates this section while an order of revocation issued under chapter 46.65 RCW prohibiting such operation is in effect, is guilty of driving while license suspended or revoked in the first degree, a gross misdemeanor. Upon the first such conviction, the person shall be punished by imprisonment for not less than ten days. Upon the second conviction, the person shall be punished by imprisonment for not less than ninety days. Upon the third or subsequent conviction, the person shall be punished by imprisonment for not less than one hundred eighty days. If the person is also convicted of the offense defined in RCW 46.61.502 or 46.61.504, when both convictions arise from the same event, the minimum sentence of confinement shall be not less than ninety days. The minimum sentence of confinement required shall not be suspended or deferred. A conviction under this subsection does not prevent a person from petitioning for reinstatement as provided by RCW 46.65.080.

       (b) A person who violates this section while an order of suspension or revocation prohibiting such operation is in effect and while the person is not eligible to reinstate his or her driver's license or driving privilege, other than for a suspension for the reasons described in (c) of this subsection, is guilty of driving while license suspended or revoked in the second degree, a gross misdemeanor. This subsection applies when a person's driver's license or driving privilege has been suspended or revoked by reason of:

       (i) A conviction of a felony in the commission of which a motor vehicle was used;

       (ii) A previous conviction under this section;

       (iii) A notice received by the department from a court or diversion unit as provided by RCW 46.20.265, relating to a minor who has committed, or who has entered a diversion unit concerning an offense relating to alcohol, legend drugs, controlled substances, or imitation controlled substances;

       (iv) A conviction of RCW 46.20.410, relating to the violation of restrictions of an occupational driver's license;

       (v) A conviction of RCW ((46.20.420)) 46.20.345, relating to the operation of a motor vehicle with a suspended or revoked license;

       (vi) A conviction of RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;

       (vii) A conviction of RCW 46.61.024, relating to attempting to elude pursuing police vehicles;

       (viii) A conviction of RCW 46.61.500, relating to reckless driving;

       (ix) A conviction of RCW 46.61.502 or 46.61.504, relating to a person under the influence of intoxicating liquor or drugs;

       (x) A conviction of RCW 46.61.520, relating to vehicular homicide;

       (xi) A conviction of RCW 46.61.522, relating to vehicular assault;

       (xii) A conviction of RCW 46.61.527(4), relating to reckless endangerment of roadway workers;

       (xiii) A conviction of RCW 46.61.530, relating to racing of vehicles on highways;

       (xiv) A conviction of RCW 46.61.685, relating to leaving children in an unattended vehicle with motor running;

       (xv) A conviction of RCW 46.64.048, relating to attempting, aiding, abetting, coercing, and committing crimes;

       (xvi) An administrative action taken by the department under chapter 46.20 RCW; or

       (xvii) A conviction of a local law, ordinance, regulation, or resolution of a political subdivision of this state, the federal government, or any other state, of an offense substantially similar to a violation included in this subsection.

       (c) A person who violates this section when his or her driver's license or driving privilege is, at the time of the violation, suspended or revoked solely because (i) the person must furnish proof of satisfactory progress in a required alcoholism or drug treatment program, (ii) the person must furnish proof of financial responsibility for the future as provided by chapter 46.29 RCW, (iii) the person has failed to comply with the provisions of chapter 46.29 RCW relating to uninsured accidents, (iv) the person has failed to respond to a notice of traffic infraction, failed to appear at a requested hearing, violated a written promise to appear in court, or has failed to comply with the terms of a notice of traffic infraction or citation, as provided in RCW 46.20.289, (v) the person has committed an offense in another state that, if committed in this state, would not be grounds for the suspension or revocation of the person's driver's license, ((or)) (vi) the person has been suspended or revoked by reason of one or more of the items listed in (b) of this subsection, but was eligible to reinstate his or her driver's license or driving privilege at the time of the violation, or (vii) the person has received traffic citations or notices of traffic infraction that have resulted in a suspension under section 3 of this act relating to intermediate drivers' licenses, or any combination of (i) through (((vi))) (vii), is guilty of driving while license suspended or revoked in the third degree, a misdemeanor.

       (2) Upon receiving a record of conviction of any person or upon receiving an order by any juvenile court or any duly authorized court officer of the conviction of any juvenile under this section, the department shall:

       (a) For a conviction of driving while suspended or revoked in the first degree, as provided by subsection (1)(a) of this section, extend the period of administrative revocation imposed under chapter 46.65 RCW for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or

       (b) For a conviction of driving while suspended or revoked in the second degree, as provided by subsection (1)(b) of this section, not issue a new license or restore the driving privilege for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or

       (c) Not extend the period of suspension or revocation if the conviction was under subsection (1)(c) of this section. If the conviction was under subsection (1) (a) or (b) of this section and the court recommends against the extension and the convicted person has obtained a valid driver's license, the period of suspension or revocation shall not be extended.

       Sec. 9. RCW 28A.220.030 and 1979 c 158 s 196 are each amended to read as follows:

       (1) The superintendent of public instruction is authorized to establish a section of traffic safety education, and through such section shall: Define a "realistic level of effort" required to provide an effective traffic safety education course, establish a level of driving competency required of each student to successfully complete the course, and ensure that an effective state-wide program is implemented and sustained, administer, supervise, and develop the traffic safety education program and shall assist local school districts in the conduct of their traffic safety education programs. The superintendent shall adopt necessary rules and regulations governing the operation and scope of the traffic safety education program; and each school district shall submit a report to the superintendent on the condition of its traffic safety education program: PROVIDED, That the superintendent shall monitor the quality of the program and carry out the purposes of this chapter.

       (2) The board of directors of any school district maintaining a secondary school which includes any of the grades 10 to 12, inclusive, may establish and maintain a traffic safety education course. If a school district elects to offer a traffic safety education course and has within its boundaries a private accredited secondary school which includes any of the grades 10 to 12, inclusive, at least one class in traffic safety education shall be given at times other than regular school hours if there is sufficient demand therefor.

       (3) The board of directors of a school district, or combination of school districts, may contract with any drivers' school licensed under the provisions of chapter 46.82 RCW to teach the laboratory phase of the traffic safety education course. Instructors provided by any such contracting drivers' school must be properly qualified teachers of traffic safety education under the joint qualification requirements adopted by the superintendent of public instruction and the director of licensing.

       (4) The superintendent shall establish a required minimum number of hours of continuing traffic safety education for traffic safety education instructors. The superintendent may phase in the requirement over not more than five years.

       Sec. 10. RCW 28A.220.040 and 1984 c 258 s 331 are each amended to read as follows:

       (1) Each school district shall be reimbursed from funds appropriated for traffic safety education((: PROVIDED, That)).

       (a) The state superintendent shall determine the per-pupil reimbursement amount for the traffic safety education course to be funded by the state. Each school district offering an approved standard traffic safety education course shall be reimbursed or granted an amount up to the level established by the superintendent of public instruction as may be appropriated.

       (b) The state superintendent may provide per-pupil reimbursements to school districts only where all the traffic educators have satisfied the continuing education requirement of RCW 28A.220.030(4).

       (2) The board of directors of any school district or combination of school districts may establish a traffic safety education fee, which fee when imposed shall be required to be paid by any duly enrolled student in any such school district prior to or while enrolled in a traffic safety education course. Traffic safety education fees collected by a school district shall be deposited with the county treasurer to the credit of such school district, to be used to pay costs of the traffic safety education course.

       NEW SECTION. Sec. 11. A new section is added to chapter 28A.220 RCW to read as follows:

       The superintendent of public instruction, in consultation with the department of licensing, shall adopt rules for implementing section 2(1)(d) of this act.

       NEW SECTION. Sec. 12. A new section is added to chapter 43.131 RCW to read as follows:

       The intermediate driver's license program created by this act shall be reviewed under this chapter before June 30, 2008. The department of licensing, in cooperation with the Washington traffic safety commission, shall provide the information necessary for the joint legislative audit and review committee to provide the required review.

       NEW SECTION. Sec. 13. 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, 2009:

       (1) Section 1 of this act;

       (2) Section 2 of this act;

       (3) Section 3 of this act;

       (4) The amendment of RCW 46.20.105 by section 5 of this act;

       (5) The amendment of RCW 46.20.161 by section 6 of this act;

       (6) The amendment of RCW 46.20.311 by section 7 of this act;

       (7) The amendment of RCW 46.20.342 by section 8 of this act;

       (8) Section 11 of this act.

       NEW SECTION. Sec. 14. Sections 1 through 10 of this act take effect July 1, 2001."

       Correct the title., and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk


MOTION


      Senator Eide moved that the Senate concur in the House amendment to Engrossed Substitute Senate Bill No. 6264.

      Debate ensued.

      Senator Finkbeiner demanded a roll call and the demand was sustained.

      Further debate ensued.


POINT OF INQUIRY


      Senator Morton: “Senator Eide, if I understood you correctly, you mentioned that these students--these youth-- had not driven before. Do they not have to pass a qualified driver’s ed course in this state before obtaining their license?”

      Senator Eide: “Thank you, Senator. Yes, they do. However, they have other adult instructors in the car with them and their parents. What I have given is from the age of fifteen to sixteen, before you get your intermediate drivers’s license, fifty hours now of driving and ten of those must be at night.

      “Now, from there, the six months, which gives them the opportunity to not have any adult in their car--to get a little bit of the feeling of the road. Now, I wanted to tell you also that there is an exception and that is if you are on ag--anything to do with agriculture. Over in the House, they did amend the bill from 1:00 a.m to 5:00 a.m. We had 12:00 a.m. I understand harvesting happens sometimes at night and so they have made sure that was okay. I just wanted to make sure that it is very clear that between fifteen and sixteen--they have a little bit more experience behind the wheel.

      “The intent of this bill, ladies and gentlemen, has not changed--it has not changed and what it is giving them is more experience. After the six months, they may have passengers, but during the first six months they don’t have to have an adult in the car with them. You know, I told my daughter, when she was fifteen years old, eleven months and twenty-nine days that she was not old enough to drive yet. So, I am just going to tell my son who is thirteen, who says, ‘Mom, is this bill going to affect me,’ and I said, ‘You darn right it will, because Buddy, I am going to save you and I am going to save your friend’s life, too.’

      “So, now what I am going to tell him when he is sixteen and a half, that is, ‘That is when you can go out and drive with your buddies, but for the first six months, honey, I want you to drive by yourself, so that you can get the feel of the road and feel confident with yourself.’”

      Further debate ensued.

 

POINT OF INQUIRY


      Senator Costa: “Senator Eide, would you please tell the body what the effective date of the bill is, as it came back from the House?”

      Senator Eide: “Yes, thanks for asking that question, Senator. It is July 1, 2001.”

      Senator Costa: “So, Senator Eide, it is my understanding that you have promised to work with folks who have concerns about the exceptions that were taken out in the House, to insure that those do get into law before this bill actually becomes effective?”

      Senator Eide: “Yes, Senator, in fact I have discussed that with the good Senator from the Twenty-fourth district. This is laying the foundation today ladies and gentlemen. The foundation--it is a strong one, but it can be built upon. ”

      Senator Costa: “Thank you.”

      Further debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the motion by Senator Eide to concur in the House amendment to Engrossed Substitute Senate Bill No. 6264.

.

ROLL CALL


      The Secretary called the roll and the Senate concurred in the House amendment by the following votes: Yeas, 28; Nays, 20; Absent, 0; Excused, 1.

     Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Oke, Patterson, Prentice, Rasmussen, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Wojahn - 28.

     Voting nay: Senators Benton, Deccio, Finkbeiner, Hale, Hargrove, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Roach, Rossi, Sheahan, Sheldon, T., Stevens, West and Zarelli - 20.

     Excused: Senator Sellar - 1.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6264, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6264, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 39; Nays, 9; Absent, 0; Excused, 1.

      Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Wojahn - 39.       Voting nay: Senators Finkbeiner, Hargrove, Hochstatter, Honeyford, Morton, Roach, Sheldon, T., Stevens and Zarelli - 9.           Excused: Senator Sellar - 1.   ENGROSSED SUBSTITUTE SENATE BILL NO. 6264, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


      Vice President Pro Tempore Bauer assumed the Chair.


MESSAGE FROM THE HOUSE

March 3, 2000

MR. PRESIDENT:

      The House has passed ENGROSSED SENATE BILL NO. 6236 with the following amendment(s)

       On page 5, line 3, after "(11)" insert "(a)"

On page 5, after line 12, insert the following:

       "(b) An individual who applies for services from the department and whose information will be shared under (a) of this subsection (11) must be notified that his or her private and confidential information in the department's records will be shared among the one-stop partners to facilitate the delivery of one-stop services to the individual. The notice must advise the individual that he or she may request that private and confidential information not be shared among the one-stop partners and the department must honor the request. In addition, the notice must:

       (i) Advise the individual that if he or she requests that private and confidential information not be shared among one-stop partners, the request will in no way affect eligibility for services;

       (ii) Describe the nature of the information to be shared, the general use of the information by one-stop partner representatives, and among whom the information will be shared;

       (iii) Inform the individual that shared information will be used only for the purpose of delivering one-stop services and that further disclosure of the information is prohibited under contract and is not subject to disclosure under RCW 42.17.310; and

       (iv) Be provided in English and an alternative language selected by the one-stop center or job service center as appropriate for the community where the center is located.

If the notice is provided in-person, the individual who does not want private and confidential information shared among the one-stop partners must immediately advise the one-stop partner representative of that decision. The notice must be provided to an individual who applies for services telephonically, electronically, or by mail, in a suitable format and within a reasonable time after applying for services, which shall be no later than ten working days from the department's receipt of the application for services. A one-stop representative must be available to answer specific questions regarding the nature, extent, and purpose for which the information may be shared."

       On page 5, beginning on line 28, strike all of subsection (14), and the same are herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk


MOTION


      On motion of Senator Fairley, the Senate concurred in the House amendments to Engrossed Senate Bill No. 6236.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6236, as amended by the House.


ROLL CALL


      The Secretary called the roll on final passage of Engrossed Senate Bill No. 6236, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, 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 - 48.

     Excused: Senator Sellar - 1.

      ENGROSSED SENATE BILL NO. 6236, as amended by the House, 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 Deccio, Senator Hale was excused.


MOTION


      On motion of Senator Franklin, Senator Loveland was excused.


MESSAGE FROM THE HOUSE


March 3, 2000


MR. PRESIDENT:

      The House has passed SECOND SUBSTITUTE SENATE BILL NO. 6199 with the following amendment(s):

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. PATIENT RIGHTS. It is the intent of the legislature that enrollees covered by health plans receive quality health care designed to maintain and improve their health. The purpose of this act is to ensure that health plan enrollees:

       (1) Have improved access to information regarding their health plans;

       (2) Have sufficient and timely access to appropriate health care services, and choice among health care providers;

       (3) Are assured that health care decisions are made by appropriate medical personnel;

       (4) Have access to a quick and impartial process for appealing plan decisions;

       (5) Are protected from unnecessary invasions of health care privacy; and

       (6) Are assured that personal health care information will be used only as necessary to obtain and pay for health care or to improve the quality of care.

       NEW SECTION. Sec. 2. A new section is added to chapter 70.02 RCW to read as follows:

       HEALTH INFORMATION PRIVACY. Third-party payors shall not release health care information disclosed under this chapter, except to the extent that health care providers are authorized to do so under RCW 70.02.050.

       Sec. 3. RCW 70.02.110 and 1991 c 335 s 402 are each amended to read as follows:

       HEALTH INFORMATION PRIVACY. (1) In making a correction or amendment, the health care provider shall:

       (a) Add the amending information as a part of the health record; and

       (b) Mark the challenged entries as corrected or amended entries and indicate the place in the record where the corrected or amended information is located, in a manner practicable under the circumstances.

       (2) If the health care provider maintaining the record of the patient's health care information refuses to make the patient's proposed correction or amendment, the provider shall:

       (a) Permit the patient to file as a part of the record of the patient's health care information a concise statement of the correction or amendment requested and the reasons therefor; and

       (b) Mark the challenged entry to indicate that the patient claims the entry is inaccurate or incomplete and indicate the place in the record where the statement of disagreement is located, in a manner practicable under the circumstances.

       (3) A health care provider who receives a request from a patient to amend or correct the patient's health care information, as provided in RCW 70.02.100, shall forward any changes made in the patient's health care information or health record, including any statement of disagreement, to any third-party payor or insurer to which the health care provider has disclosed the health care information that is the subject of the request.

       Sec. 4. RCW 70.02.900 and 1991 c 335 s 901 are each amended to read as follows:

       HEALTH INFORMATION PRIVACY. (1) This chapter does not restrict a health care provider, a third-party payor, or an insurer regulated under Title 48 RCW from complying with obligations imposed by federal or state health care payment programs or federal or state law.

       (2) This chapter does not modify the terms and conditions of disclosure under Title 51 RCW and chapters 13.50, 26.09, 70.24, 70.39, 70.96A, 71.05, and 71.34 RCW and rules adopted under these provisions.

       NEW SECTION. Sec. 5. HEALTH INFORMATION PRIVACY. (1) Health carriers and insurers shall adopt policies and procedures that conform administrative, business, and operational practices to protect an enrollee's right to privacy or right to confidential health care services granted under state or federal laws.

       (2) The commissioner may adopt rules to implement this section after considering relevant standards adopted by national managed care accreditation organizations and the national association of insurance commissioners, and after considering the effect of those standards on the ability of carriers to undertake enrollee care management and disease management programs.

       NEW SECTION. Sec. 6. INFORMATION DISCLOSURE. (1) A carrier that offers a health plan may not offer to sell a health plan to an enrollee or to any group representative, agent, employer, or enrollee representative without first offering to provide, and providing upon request, the following information before purchase or selection:

       (a) A listing of covered benefits, including prescription drug benefits, if any, a copy of the current formulary, if any is used, definitions of terms such as generic versus brand name, and policies regarding coverage of drugs, such as how they become approved or taken off the formulary, and how consumers may be involved in decisions about benefits;

       (b) A listing of exclusions, reductions, and limitations to covered benefits, and any definition of medical necessity or other coverage criteria upon which they may be based;

       (c) A statement of the carrier's policies for protecting the confidentiality of health information;

       (d) A statement of the cost of premiums and any enrollee cost-sharing requirements;

       (e) A summary explanation of the carrier's grievance process;

       (f) A statement regarding the availability of a point-of-service option, if any, and how the option operates; and

       (g) A convenient means of obtaining lists of participating primary care and specialty care providers, including disclosure of network arrangements that restrict access to providers within any plan network. The offer to provide the information referenced in this subsection (1) must be clearly and prominently displayed on any information provided to any prospective enrollee or to any prospective group representative, agent, employer, or enrollee representative.

       (2) Upon the request of any person, including a current enrollee, prospective enrollee, or the insurance commissioner, a carrier must provide written information regarding any health care plan it offers, that includes the following written information:

       (a) Any documents, instruments, or other information referred to in the medical coverage agreement;

       (b) A full description of the procedures to be followed by an enrollee for consulting a provider other than the primary care provider and whether the enrollee's primary care provider, the carrier's medical director, or another entity must authorize the referral;

       (c) Procedures, if any, that an enrollee must first follow for obtaining prior authorization for health care services;

       (d) A written description of any reimbursement or payment arrangements, including, but not limited to, capitation provisions, fee-for-service provisions, and health care delivery efficiency provisions, between a carrier and a provider or network;

       (e) Descriptions and justifications for provider compensation programs, including any incentives or penalties that are intended to encourage providers to withhold services or minimize or avoid referrals to specialists;

       (f) An annual accounting of all payments made by the carrier which have been counted against any payment limitations, visit limitations, or other overall limitations on a person's coverage under a plan;

       (g) A copy of the carrier's grievance process for claim or service denial and for dissatisfaction with care; and

       (h) Accreditation status with one or more national managed care accreditation organizations, and whether the carrier tracks its health care effectiveness performance using the health employer data information set (HEDIS), whether it publicly reports its HEDIS data, and how interested persons can access its HEDIS data.

       (3) Each carrier shall provide to all enrollees and prospective enrollees a list of available disclosure items.

       (4) Nothing in this section requires a carrier or a health care provider to divulge proprietary information to an enrollee, including the specific contractual terms and conditions between a carrier and a provider.

       (5) No carrier may advertise or market any health plan to the public as a plan that covers services that help prevent illness or promote the health of enrollees unless it:

       (a) Provides all clinical preventive health services provided by the basic health plan, authorized by chapter 70.47 RCW;

       (b) Monitors and reports annually to enrollees on standardized measures of health care and satisfaction of all enrollees in the health plan. The state department of health shall recommend appropriate standardized measures for this purpose, after consideration of national standardized measurement systems adopted by national managed care accreditation organizations and state agencies that purchase managed health care services; and

       (c) Makes available upon request to enrollees its integrated plan to identify and manage the most prevalent diseases within its enrolled population, including cancer, heart disease, and stroke.

       (6) No carrier may preclude or discourage its providers from informing an enrollee of the care he or she requires, including various treatment options, and whether in the providers' view such care is consistent with the plan's health coverage criteria, or otherwise covered by the enrollee's medical coverage agreement with the carrier. No carrier may prohibit, discourage, or penalize a provider otherwise practicing in compliance with the law from advocating on behalf of an enrollee with a carrier. Nothing in this section shall be construed to authorize a provider to bind a carrier to pay for any service.

       (7) No carrier may preclude or discourage enrollees or those paying for their coverage from discussing the comparative merits of different carriers with their providers. This prohibition specifically includes prohibiting or limiting providers participating in those discussions even if critical of a carrier.

       (8) Each carrier must communicate enrollee information required in this act by means that ensure that a substantial portion of the enrollee population can make use of the information.

       (9) The commissioner may adopt rules to implement this section. In developing rules to implement this section, the commissioner shall consider relevant standards adopted by national managed care accreditation organizations and state agencies that purchase managed health care services.

       NEW SECTION. Sec. 7. ACCESS TO APPROPRIATE HEALTH SERVICES. (1) Each enrollee in a health plan must have adequate choice among health care providers.

       (2) Each carrier must allow an enrollee to choose a primary care provider who is accepting new enrollees from a list of participating providers. Enrollees also must be permitted to change primary care providers at any time with the change becoming effective no later than the beginning of the month following the enrollee's request for the change.

       (3) Each carrier must have a process whereby an enrollee with a complex or serious medical or psychiatric condition may receive a standing referral to a participating specialist for an extended period of time.

       (4) Each carrier must provide for appropriate and timely referral of enrollees to a choice of specialists within the plan if specialty care is warranted. If the type of medical specialist needed for a specific condition is not represented on the specialty panel, enrollees must have access to nonparticipating specialty health care providers.

       (5) Each carrier shall provide enrollees with direct access to the participating chiropractor of the enrollee's choice for covered chiropractic health care without the necessity of prior referral. Nothing in this subsection shall prevent carriers from restricting enrollees to seeing only providers who have signed participating provider agreements or from utilizing other managed care and cost containment techniques and processes. For purposes of this subsection, "covered chiropractic health care" means covered benefits and limitations related to chiropractic health services as stated in the plan's medical coverage agreement, with the exception of any provisions related to prior referral for services.

       (6) Each carrier must provide, upon the request of an enrollee, access by the enrollee to a second opinion regarding any medical diagnosis or treatment plan from a qualified participating provider of the enrollee's choice.

       (7) Each carrier must cover services of a primary care provider whose contract with the plan or whose contract with a subcontractor is being terminated by the plan or subcontractor without cause under the terms of that contract for at least sixty days following notice of termination to the enrollees or, in group coverage arrangements involving periods of open enrollment, only until the end of the next open enrollment period. The provider's relationship with the carrier or subcontractor must be continued on the same terms and conditions as those of the contract the plan or subcontractor is terminating, except for any provision requiring that the carrier assign new enrollees to the terminated provider.

       (8) Every carrier shall meet the standards set forth in this section and any rules adopted by the commissioner to implement this section. In developing rules to implement this section, the commissioner shall consider relevant standards adopted by national managed care accreditation organizations and state agencies that purchase managed health care services.

       NEW SECTION. Sec. 8. HEALTH CARE DECISIONS. (1) Carriers that offer a health plan shall maintain a documented utilization review program description and written utilization review criteria based on reasonable medical evidence. The program must include a method for reviewing and updating criteria. Carriers shall make clinical protocols, medical management standards, and other review criteria available upon request to participating providers.

       (2) The commissioner shall adopt, in rule, standards for this section after considering relevant standards adopted by national managed care accreditation organizations and state agencies that purchase managed health care services.

       (3) A carrier shall not be required to use medical evidence or standards in its utilization review of religious nonmedical treatment or religious nonmedical nursing care.

       NEW SECTION. Sec. 9. RETROSPECTIVE DENIAL OF SERVICES. (1) A health carrier that offers a health plan shall not retrospectively deny coverage for emergency and nonemergency care that had prior authorization under the plan's written policies at the time the care was rendered.

       (2) The commissioner shall adopt, in rule, standards for this section after considering relevant standards adopted by national managed care accreditation organizations and state agencies that purchase managed health care services.

       NEW SECTION. Sec. 10. GRIEVANCE PROCESS. (1) Each carrier that offers a health plan must have a fully operational, comprehensive grievance process that complies with the requirements of this section and any rules adopted by the commissioner to implement this section. For the purposes of this section, the commissioner shall consider grievance process standards adopted by national managed care accreditation organizations and state agencies that purchase managed health care services.

       (2) Each carrier must process as a complaint an enrollee's expression of dissatisfaction about customer service or the quality or availability of a health service. Each carrier must implement procedures for registering and responding to oral and written complaints in a timely and thorough manner.

       (3) Each carrier must provide written notice to an enrollee or the enrollee's designated representative, and the enrollee's provider, of its decision to deny, modify, reduce, or terminate payment, coverage, authorization, or provision of health care services or benefits, including the admission to or continued stay in a health care facility.

       (4) Each carrier must process as an appeal an enrollee's written or oral request that the carrier reconsider: (a) Its resolution of a complaint made by an enrollee; or (b) its decision to deny, modify, reduce, or terminate payment, coverage, authorization, or provision of health care services or benefits, including the admission to, or continued stay in, a health care facility. A carrier must not require that an enrollee file a complaint prior to seeking appeal of a decision under (b) of this subsection.

       (5) To process an appeal, each carrier must:

       (a) Provide written notice to the enrollee when the appeal is received;

       (b) Assist the enrollee with the appeal process;

       (c) Make its decision regarding the appeal within thirty days of the date the appeal is received. An appeal must be expedited if the enrollee's provider or the carrier's medical director reasonably determines that following the appeal process response timelines could seriously jeopardize the enrollee's life, health, or ability to regain maximum function. The decision regarding an expedited appeal must be made within seventy-two hours of the date the appeal is received;

       (d) Cooperate with a representative authorized in writing by the enrollee;

       (e) Consider information submitted by the enrollee;

       (f) Investigate and resolve the appeal; and

       (g) Provide written notice of its resolution of the appeal to the enrollee and, with the permission of the enrollee, to the enrollee's providers. The written notice must explain the carrier's decision and the supporting coverage or clinical reasons and the enrollee's right to request independent review of the carrier's decision under section 11 of this act.

       (6) Written notice required by subsection (3) of this section must explain:

       (a) The carrier's decision and the supporting coverage or clinical reasons; and

       (b) The carrier's appeal process, including information, as appropriate, about how to exercise the enrollee's rights to obtain a second opinion, and how to continue receiving services as provided in this section.

       (7) When an enrollee requests that the carrier reconsider its decision to modify, reduce, or terminate an otherwise covered health service that an enrollee is receiving through the health plan and the carrier's decision is based upon a finding that the health service, or level of health service, is no longer medically necessary or appropriate, the carrier must continue to provide that health service until the appeal is resolved. If the resolution of the appeal or any review sought by the enrollee under section 11 of this act affirms the carrier's decision, the enrollee may be responsible for the cost of this continued health service.

       (8) Each carrier must provide a clear explanation of the grievance process upon request, upon enrollment to new enrollees, and annually to enrollees and subcontractors.

       (9) Each carrier must ensure that the grievance process is accessible to enrollees who are limited English speakers, who have literacy problems, or who have physical or mental disabilities that impede their ability to file a grievance.

       (10) Each carrier must: Track each appeal until final resolution; maintain, and make accessible to the commissioner for a period of three years, a log of all appeals; and identify and evaluate trends in appeals.

       NEW SECTION. Sec. 11. INDEPENDENT REVIEW OF HEALTH CARE DISPUTES. (1) There is a need for a process for the fair consideration of disputes relating to decisions by carriers that offer a health plan to deny, modify, reduce, or terminate coverage of or payment for health care services for an enrollee.

       (2) An enrollee may seek review by a certified independent review organization of a carrier's decision to deny, modify, reduce, or terminate coverage of or payment for a health care service, after exhausting the carrier's grievance process and receiving a decision that is unfavorable to the enrollee, or after the carrier has exceeded the timelines for grievances provided in section 10 of this act, without good cause and without reaching a decision.

       (3) The commissioner must establish and use a rotational registry system for the assignment of a certified independent review organization to each dispute. The system should be flexible enough to ensure that an independent review organization has the expertise necessary to review the particular medical condition or service at issue in the dispute.

       (4) Carriers must provide to the appropriate certified independent review organization, not later than the third business day after the date the carrier receives a request for review, a copy of:

       (a) Any medical records of the enrollee that are relevant to the review;

       (b) Any documents used by the carrier in making the determination to be reviewed by the certified independent review organization;

       (c) Any documentation and written information submitted to the carrier in support of the appeal; and

       (d) A list of each physician or health care provider who has provided care to the enrollee and who may have medical records relevant to the appeal. Health information or other confidential or proprietary information in the custody of a carrier may be provided to an independent review organization, subject to rules adopted by the commissioner.

       (5) The medical reviewers from a certified independent review organization will make determinations regarding the medical necessity or appropriateness of, and the application of health plan coverage provisions to, health care services for an enrollee. The medical reviewers' determinations must be based upon their expert medical judgment, after consideration of relevant medical, scientific, and cost-effectiveness evidence, and medical standards of practice in the state of Washington. Except as provided in this subsection, the certified independent review organization must ensure that determinations are consistent with the scope of covered benefits as outlined in the medical coverage agreement. Medical reviewers may override the health plan's medical necessity or appropriateness standards if the standards are determined upon review to be unreasonable or inconsistent with sound, evidence-based medical practice.

       (6) Once a request for an independent review determination has been made, the independent review organization must proceed to a final determination, unless requested otherwise by both the carrier and the enrollee or the enrollee's representative.

       (7) Carriers must timely implement the certified independent review organization's determination, and must pay the certified independent review organization's charges.

       (8) When an enrollee requests independent review of a dispute under this section, and the dispute involves a carrier's decision to modify, reduce, or terminate an otherwise covered health service that an enrollee is receiving at the time the request for review is submitted and the carrier's decision is based upon a finding that the health service, or level of health service, is no longer medically necessary or appropriate, the carrier must continue to provide the health service if requested by the enrollee until a determination is made under this section. If the determination affirms the carrier's decision, the enrollee may be responsible for the cost of the continued health service.

       (9) A certified independent review organization may notify the office of the insurance commissioner if, based upon its review of disputes under this section, it finds a pattern of substandard or egregious conduct by a carrier.

       (10)(a) The commissioner shall adopt rules to implement this section after considering relevant standards adopted by national managed care accreditation organizations.

       (b) This section is not intended to supplant any existing authority of the office of the insurance commissioner under this title to oversee and enforce carrier compliance with applicable statutes and rules.

       NEW SECTION. Sec. 12. A new section is added to chapter 43.70 RCW to read as follows:

       INDEPENDENT REVIEW ORGANIZATIONS. (1) The department shall adopt rules providing a procedure and criteria for certifying one or more organizations to perform independent review of health care disputes described in section 11 of this act.

       (2) The rules must require that the organization ensure:

       (a) The confidentiality of medical records transmitted to an independent review organization for use in independent reviews;

       (b) That each health care provider, physician, or contract specialist making review determinations for an independent review organization is qualified. Physicians, other health care providers, and, if applicable, contract specialists must be appropriately licensed, certified, or registered as required in Washington state or in at least one state with standards substantially comparable to Washington state. Reviewers may be drawn from nationally recognized centers of excellence, academic institutions, and recognized leading practice sites. Expert medical reviewers should have substantial, recent clinical experience dealing with the same or similar health conditions. The organization must have demonstrated expertise and a history of reviewing health care in terms of medical necessity, appropriateness, and the application of other health plan coverage provisions;

       (c) That any physician, health care provider, or contract specialist making a review determination in a specific review is free of any actual or potential conflict of interest or bias. Neither the expert reviewer, nor the independent review organization, nor any officer, director, or management employee of the independent review organization may have any material professional, familial, or financial affiliation with any of the following: The health carrier; professional associations of carriers and providers; the provider; the provider's medical or practice group; the health facility at which the service would be provided; the developer or manufacturer of a drug or device under review; or the enrollee;

       (d) The fairness of the procedures used by the independent review organization in making the determinations;

       (e) That each independent review organization make its determination:

       (i) Not later than the earlier of:

       (A) The fifteenth day after the date the independent review organization receives the information necessary to make the determination; or

       (B) The twentieth day after the date the independent review organization receives the request that the determination be made. In exceptional circumstances, when the independent review organization has not obtained information necessary to make a determination, a determination may be made by the twenty-fifth day after the date the organization received the request for the determination; and

       (ii) In cases of a condition that could seriously jeopardize the enrollee's health or ability to regain maximum function, not later than the earlier of:

       (A) Seventy-two hours after the date the independent review organization receives the information necessary to make the determination; or

       (B) The eighth day after the date the independent review organization receives the request that the determination be made;

       (f) That timely notice is provided to enrollees of the results of the independent review, including the clinical basis for the determination;

       (g) That the independent review organization has a quality assurance mechanism in place that ensures the timeliness and quality of review and communication of determinations to enrollees and carriers, and the qualifications, impartiality, and freedom from conflict of interest of the organization, its staff, and expert reviewers; and

       (h) That the independent review organization meets any other reasonable requirements of the department directly related to the functions the organization is to perform under this section and section 11 of this act.

       (3) To be certified as an independent review organization under this chapter, an organization must submit to the department an application in the form required by the department. The application must include:

       (a) For an applicant that is publicly held, the name of each stockholder or owner of more than five percent of any stock or options;

       (b) The name of any holder of bonds or notes of the applicant that exceed one hundred thousand dollars;

       (c) The name and type of business of each corporation or other organization that the applicant controls or is affiliated with and the nature and extent of the affiliation or control;

       (d) The name and a biographical sketch of each director, officer, and executive of the applicant and any entity listed under (c) of this subsection and a description of any relationship the named individual has with:

       (i) A carrier;

       (ii) A utilization review agent;

       (iii) A nonprofit or for-profit health corporation;

       (iv) A health care provider;

       (v) A drug or device manufacturer; or

       (vi) A group representing any of the entities described by (d)(i) through (v) of this subsection;

       (e) The percentage of the applicant's revenues that are anticipated to be derived from reviews conducted under section 11 of this act;

       (f) A description of the areas of expertise of the health care professionals and contract specialists making review determinations for the applicant; and

       (g) The procedures to be used by the independent review organization in making review determinations regarding reviews conducted under section 11 of this act.

       (4) If at any time there is a material change in the information included in the application under subsection (3) of this section, the independent review organization shall submit updated information to the department.

       (5) An independent review organization may not be a subsidiary of, or in any way owned or controlled by, a carrier or a trade or professional association of health care providers or carriers.

       (6) An independent review organization, and individuals acting on its behalf, are immune from suit in a civil action when performing functions under this act. However, this immunity does not apply to an act or omission made in bad faith or that involves gross negligence.

       (7) Independent review organizations must be free from interference by state government in its functioning except as provided in subsection (8) of this section.

       (8) The rules adopted under this section shall include provisions for terminating the certification of an independent review organization for failure to comply with the requirements for certification. The department may review the operation and performance of an independent review organization in response to complaints or other concerns about compliance.

       (9) In adopting rules for this section, the department shall take into consideration standards for independent review organizations adopted by national accreditation organizations. The department may accept national accreditation or certification by another state as evidence that an organization satisfies some or all of the requirements for certification by the department as an independent review organization.

       NEW SECTION. Sec. 13. CARRIER MEDICAL DIRECTOR. Any carrier that offers a health plan and any self-insured health plan subject to the jurisdiction of Washington state shall designate a medical director who is licensed under chapter 18.57 or 18.71 RCW. However, a naturopathic or complementary alternative health plan, which provides solely complementary alternative health care to individuals, groups, or health plans, may have a medical director licensed under chapter 18.36A RCW. A health plan or self-insured health plan that offers only religious nonmedical treatment or religious nonmedical nursing care shall not be required to have a medical director.

       Sec. 14. RCW 51.04.020 and 1994 c 164 s 24 are each amended to read as follows:

       The director shall:

       (1) Establish and adopt rules governing the administration of this title;

       (2) Ascertain and establish the amounts to be paid into and out of the accident fund;

       (3) Regulate the proof of accident and extent thereof, the proof of death and the proof of relationship and the extent of dependency;

       (4) Supervise the medical, surgical, and hospital treatment to the intent that it may be in all cases efficient and up to the recognized standard of modern surgery;

       (5) Issue proper receipts for moneys received and certificates for benefits accrued or accruing;

       (6) Investigate the cause of all serious injuries and report to the governor from time to time any violations or laxity in performance of protective statutes or regulations coming under the observation of the department;

       (7) Compile statistics which will afford reliable information upon which to base operations of all divisions under the department;

       (8) Make an annual report to the governor of the workings of the department;

       (9) Be empowered to enter into agreements with the appropriate agencies of other states relating to conflicts of jurisdiction where the contract of employment is in one state and injuries are received in the other state, and insofar as permitted by the Constitution and laws of the United States, to enter into similar agreements with the provinces of Canada; and

       (10) Designate a medical director who is licensed under chapter 18.57 or 18.71 RCW.

       Sec. 15. RCW 74.09.050 and 1979 c 141 s 335 are each amended to read as follows:

       The secretary shall appoint such professional personnel and other assistants and employees, including professional medical screeners, as may be reasonably necessary to carry out the provisions of this chapter. The medical screeners shall be supervised by one or more physicians who shall be appointed by the secretary or his or her designee. The secretary shall appoint a medical director who is licensed under chapter 18.57 or 18.71 RCW.

       NEW SECTION. Sec. 16. A new section is added to chapter 41.05 RCW to read as follows:

       HEALTH CARE AUTHORITY MEDICAL DIRECTOR. The administrator shall designate a medical director who is licensed under chapter 18.57 or 18.71 RCW.

       NEW SECTION. Sec. 17. CARRIER LIABILITY. (1)(a) A health carrier shall adhere to the accepted standard of care for health care providers under chapter 7.70 RCW when arranging for the provision of medically necessary health care services to its enrollees. A health carrier shall be liable for any and all harm proximately caused by its failure to follow that standard of care when the failure resulted in the denial, delay, or modification of the health care service recommended for, or furnished to, an enrollee.

       (b) A health carrier is also liable for damages under (a) of this subsection for harm to an enrollee proximately caused by health care treatment decisions that result from a failure to follow the accepted standard of care made by its:

       (i) Employees;

       (ii) Agents; or

       (iii) Ostensible agents who are acting on its behalf and over whom it has the right to exercise influence or control or has actually exercised influence or control.

       (2) The provisions of this section may not be waived, shifted, or modified by contract or agreement and responsibility for the provisions shall be a duty that cannot be delegated. Any effort to waive, modify, delegate, or shift liability for a breach of the duty established by this section, through a contract for indemnification or otherwise, is invalid.

       (3) This section does not create any new cause of action, or eliminate any presently existing cause of action, with respect to health care providers and health care facilities that are included in and subject to the provisions of chapter 7.70 RCW.

       (4) It is a defense to any action or liability asserted under this section against a health carrier that:

       (a) The health care service in question is not a benefit provided under the plan or the service is subject to limitations under the plan that have been exhausted;

       (b) Neither the health carrier, nor any employee, agent, or ostensible agent for whose conduct the health carrier is liable under subsection (1)(b) of this section, controlled, influenced, or participated in the health care decision; or

       (c) The health carrier did not deny or unreasonably delay payment for treatment prescribed or recommended by a participating health care provider for the enrollee.

       (5) This section does not create any liability on the part of an employer, an employer group purchasing organization that purchases coverage or assumes risk on behalf of its employers, or a governmental agency that purchases coverage on behalf of individuals and families. The governmental entity established to offer and provide health insurance to public employees, public retirees, and their covered dependents under RCW 41.05.140 is subject to liability under this section.

       (6) Nothing in any law of this state prohibiting a health carrier from practicing medicine or being licensed to practice medicine may be asserted as a defense by the health carrier in an action brought against it under this section.

       (7)(a) A person may not maintain a cause of action under this section against a health carrier unless:

       (i) The affected enrollee has suffered substantial harm. As used in this subsection, "substantial harm" means loss of life, loss or significant impairment of limb, bodily or cognitive function, significant disfigurement, or severe or chronic physical pain; and

       (ii) The affected enrollee or the enrollee's representative has exercised the opportunity established in section 11 of this act to seek independent review of the health care treatment decision.

       (b) This subsection (7) does not prohibit an enrollee from pursuing other appropriate remedies, including injunctive relief, a declaratory judgment, or other relief available under law, if its requirements place the enrollee's health in serious jeopardy.

       (8) In an action against a health carrier, a finding that a health care provider is an employee, agent, or ostensible agent of such a health carrier shall not be based solely on proof that the person's name appears in a listing of approved physicians or health care providers made available to enrollees under a health plan.

       (9) Any action under this section shall be commenced within three years of the completion of the independent review process.

       (10) This section does not apply to workers' compensation insurance under Title 51 RCW.

       NEW SECTION. Sec. 18. DELEGATION OF DUTIES. Each carrier is accountable for and must oversee any activities required by this act that it delegates to any subcontractor. No contract with a subcontractor executed by the health carrier or the subcontractor may relieve the health carrier of its obligations to any enrollee for the provision of health care services or of its responsibility for compliance with statutes or rules.

       NEW SECTION. Sec. 19. APPLICATION. This act applies to: Health plans as defined in RCW 48.43.005 offered, renewed, or issued by a carrier; medical assistance provided under RCW 74.09.522; the basic health plan offered under chapter 70.47 RCW; and health benefits provided under chapter 41.05 RCW.

       NEW SECTION. Sec. 20. A new section is added to chapter 41.05 RCW to read as follows:

       Each health plan that provides medical insurance offered under this chapter, including plans created by insuring entities, plans not subject to the provisions of Title 48 RCW, and plans created under RCW 41.05.140, are subject to the provisions of sections 1, 2, 5 through 12, 17, 18, and RCW 70.02.110 and 70.02.900.

       Sec. 21. RCW 70.47.130 and 1997 c 337 s 8 are each amended to read as follows:

       (1) The activities and operations of the Washington basic health plan under this chapter, including those of managed health care systems to the extent of their participation in the plan, are exempt from the provisions and requirements of Title 48 RCW except:

       (a) Benefits as provided in RCW 70.47.070;

       (b) Managed health care systems are subject to the provisions of sections 1, 2, 5 through 12, 17, 18, and RCW 70.20.110 and 70.02.900;

       (c) Persons appointed or authorized to solicit applications for enrollment in the basic health plan, including employees of the health care authority, must comply with chapter 48.17 RCW. For purposes of this subsection (1)(((b))) (c), "solicit" does not include distributing information and applications for the basic health plan and responding to questions; and

       (((c))) (d) Amounts paid to a managed health care system by the basic health plan for participating in the basic health plan and providing health care services for nonsubsidized enrollees in the basic health plan must comply with RCW 48.14.0201.

       (2) The purpose of the 1994 amendatory language to this section in chapter 309, Laws of 1994 is to clarify the intent of the legislature that premiums paid on behalf of nonsubsidized enrollees in the basic health plan are subject to the premium and prepayment tax. The legislature does not consider this clarifying language to either raise existing taxes nor to impose a tax that did not exist previously.

       NEW SECTION. Sec. 22. This act may be known and cited as the health care patient bill of rights.

       NEW SECTION. Sec. 23. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2000, in the omnibus appropriations act, this act is null and void.

       NEW SECTION. Sec. 24. Captions used in this act are not any part of the law.

       NEW SECTION. Sec. 25. Sections 1, 5 through 11, 13, 17, and 18 of this act are each added to chapter 48.43 RCW.

       NEW SECTION. Sec. 26. To the extent permitted by law, if any provision of this act conflicts with state or federal law, such provision must be construed in a manner most favorable to the enrollee.

       NEW SECTION. Sec. 27. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

       NEW SECTION. Sec. 28. EFFECTIVE DATE. (1) Except as provided in subsections (2) and (3) of this section, this act applies to contracts entered into or renewing after June 30, 2001.

       (2) Sections 13, 14, 15, and 16 of this act take effect January 1, 2001.

       (3) Section 29 of this act takes effect July 1, 2001.

       NEW SECTION. Sec. 29. The following acts or parts of acts are each repealed:

       (1) RCW 48.43.075 (Informing patients about their care--Health carriers may not preclude or discourage) and 1996 c 312 s 2; and

       (2) RCW 48.43.095 (Information provided to an enrollee or a prospective enrollee) and 1996 c 312 s 4."

       On page 1, line 1 of the title, after "protection;" strike the remainder of the title and insert "amending RCW 70.02.110, 70.02.900, 51.04.020, 74.09.050, and 70.47.130; adding new sections to chapter 48.43 RCW; adding a new section to chapter 70.02 RCW; adding a new section to chapter 43.70 RCW; adding new sections to chapter 41.05 RCW; creating new sections; repealing RCW 48.43.075 and 48.43.095; and providing effective dates." and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk

MOTION


      Senator Thibaudeau moved that the Senate concur in the House amendments to Second Substitute Senate Bill No. 6199.

      Debate ensued.

      The Vice President Pro Tempore declared the question before the Senate to be the motion by Senator Thibaudeau that the Senate concur in the House amendments to Second Substitute Senate Bill No. 6199.

      The motion by Senator Thibaudeau carried and the Senate concurred in the House amendments to Second Substitute Senate Bill No. 6199.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 6199, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6199, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, 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 - 45.

     Voting nay: Senator Hochstatter - 1.

     Excused: Senators Hale, Loveland and Sellar - 3.

       SECOND SUBSTITUTE SENATE BILL NO. 6199, as amended by the House, 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.


MOTION


      On motion of Senator Honeyford, Senator McCaslin was excused.


MOTION


      On motion of Senator Franklin, Senator Prentice was excused.


MESSAGE FROM THE HOUSE

 

March 1, 2000


MR. PRESIDENT:

      The House has passed SUBSTITUTE SENATE BILL NO. 6720 with the following amendment(s)

       On page 5, line 27, after “(1)” strike all material through “there” and insert “((Except as provided in subsection (2) of this section,)) There”

       On page 5, line 28, after “of” strike “((fifty cents)) one dollar” and insert “fifty cents”

       On page 6, line 16, after “of” strike “fifty cents” and insert “((fifty cents)) one dollar, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk



MOTION


      On motion of Senator Rasmussen, the Senate concurred in the House amendments to Substitute Senate Bill No. 6720.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6720, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6720, as amended by the House, 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, McDonald, Morton, Oke, Patterson, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

     Excused: Senators Hale, Loveland, McCaslin, Prentice and Sellar - 5.

      SUBSTITUTE SENATE BILL NO. 6720, as amended by the House, 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.


MESSAGE FROM THE HOUSE

February 29, 2000


MR. PRESIDENT:

      The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6217 with the following amendment(s)

      Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 13.34.030 and 1999 c 267 s 6 are each amended to read as follows:

       For purposes of this chapter:

       (1) "Abandoned" means when the child's parent, guardian, or other custodian has expressed, either by statement or conduct, an intent to forego, for an extended period, parental rights or responsibilities despite an ability to exercise such rights and responsibilities. If the court finds that the petitioner has exercised due diligence in attempting to locate the parent, no contact between the child and the child's parent, guardian, or other custodian for a period of three months creates a rebuttable presumption of abandonment, even if there is no expressed intent to abandon.

       (2) "Child" and "juvenile" means any individual under the age of eighteen years.

       (((2))) (3) "Current placement episode" means the period of time that begins with the most recent date that the child was removed from the home of the parent, guardian, or legal custodian for purposes of placement in out-of-home care and continues until: (a) The child returns home((,)) ; (b) an adoption decree, a permanent custody order, or guardianship order is entered((,)); or (c) the dependency is dismissed, whichever occurs ((soonest)) first. ((If the most recent date of removal occurred prior to the filing of a dependency petition under this chapter or after filing but prior to entry of a disposition order, such time periods shall be included when calculating the length of a child's current placement episode.

       (3))) (4) "Dependency guardian" means the person, nonprofit corporation, or Indian tribe appointed by the court pursuant to ((RCW 13.34.232)) this chapter for the limited purpose of assisting the court in the supervision of the dependency.

       (((4))) (5) "Dependent child" means any child who:

       (a) ((Who)) Has been abandoned; ((that is, where the child's parent, guardian, or other custodian has expressed either by statement or conduct, an intent to forego, for an extended period, parental rights or parental responsibilities despite an ability to do so. If the court finds that the petitioner has exercised due diligence in attempting to locate the parent, no contact between the child and the child's parent, guardian, or other custodian for a period of three months creates a rebuttable presumption of abandonment, even if there is no expressed intent to abandon;))

       (b) ((Who)) Is abused or neglected as defined in chapter 26.44 RCW by a person legally responsible for the care of the child; or

       (c) ((Who)) Has no parent, guardian, or custodian capable of adequately caring for the child, such that the child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development.

       (((5))) (6) "Developmental disability" means a disability attributable to mental retardation, cerebral palsy, epilepsy, autism, or another neurological or other condition of an individual found by the secretary to be closely related to mental retardation or to require treatment similar to that required for individuals with mental retardation, which disability originates before the individual attains age eighteen, which has continued or can be expected to continue indefinitely, and which constitutes a substantial handicap to the individual.

       (7) "Guardian" means the person or agency that: (a) Has been appointed as the guardian of a child in a legal proceeding other than a proceeding under this chapter; and (b) has the legal right to custody of the child pursuant to such appointment. The term "guardian" shall not include a "dependency guardian" appointed pursuant to a proceeding under this chapter.

       (((6))) (8) "Guardian ad litem" means a person, appointed by the court to represent the best interests of a child in a proceeding under this chapter, or in any matter which may be consolidated with a proceeding under this chapter. A "court-appointed special advocate" appointed by the court to be the guardian ad litem for the child, or to perform substantially the same duties and functions as a guardian ad litem, shall be deemed to be guardian ad litem for all purposes and uses of this chapter.

       (((7))) (9) "Guardian ad litem program" means a court-authorized volunteer program, which is or may be established by the superior court of the county in which such proceeding is filed, to manage all aspects of volunteer guardian ad litem representation for children alleged or found to be dependent. Such management shall include but is not limited to: Recruitment, screening, training, supervision, assignment, and discharge of volunteers.

       (((8))) (10) "Indigent" means a person who, at any stage of a court proceeding, is:

       (a) Receiving one of the following types of public assistance: Temporary assistance for needy families, general assistance, poverty-related veterans' benefits, food stamps or food stamp benefits transferred electronically, refugee resettlement benefits, medicaid, or supplemental security income; or

       (b) Involuntarily committed to a public mental health facility; or

       (c) Receiving an annual income, after taxes, of one hundred twenty-five percent or less of the federally established poverty level; or

       (d) Unable to pay the anticipated cost of counsel for the matter before the court because his or her available funds are insufficient to pay any amount for the retention of counsel.

       (11) "Out-of-home care" means placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.

       (((9))) (12) "Preventive services" means preservation services, as defined in chapter 74.14C RCW, and other reasonably available services, including housing services, capable of preventing the need for out-of-home placement while protecting the child. Housing services may include, but are not limited to, referrals to federal, state, local, or private agencies or organizations, assistance with forms and applications, or financial subsidies for housing.

       (13) "Shelter care" means temporary physical care in a facility licensed pursuant to RCW 74.15.030 or in a home not required to be licensed pursuant to RCW 74.15.030.

       (14) "Social study" means a written evaluation of matters relevant to the disposition of the case and shall contain the following information:

       (a) A statement of the specific harm or harms to the child that intervention is designed to alleviate;

       (b) A description of the specific services and activities, for both the parents and child, that are needed in order to prevent serious harm to the child; the reasons why such services and activities are likely to be useful; the availability of any proposed services; and the agency's overall plan for ensuring that the services will be delivered. The description shall identify the services chosen and approved by the parent;

       (c) If removal is recommended, a full description of the reasons why the child cannot be protected adequately in the home, including a description of any previous efforts to work with the parents and the child in the home; the in-home treatment programs that have been considered and rejected; the preventive services that have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home; and the parents' attitude toward placement of the child;

       (d) A statement of the likely harms the child will suffer as a result of removal;

       (e) A description of the steps that will be taken to minimize the harm to the child that may result if separation occurs; and

       (f) Behavior that will be expected before determination that supervision of the family or placement is no longer necessary.

       Sec. 2. RCW 13.34.040 and 1977 ex.s. c 291 s 32 are each amended to read as follows:

       (1) Any person may file with the clerk of the superior court a petition showing that there is within the county, or residing within the county, a dependent child and ((praying)) requesting that the superior court deal with such child as provided in this chapter((: PROVIDED, That)). There shall be no fee for filing such petitions.

       (2) In counties having paid probation officers, ((such)) these officers shall, ((as far as)) to the extent possible, first determine if ((such)) a petition is reasonably justifiable. ((Such)) Each petition shall be verified and ((shall)) contain a statement of facts constituting ((such)) a dependency, ((as defined in this chapter,)) and the names and residence, if known to the petitioner, of the parents, guardian, or custodian of ((such)) the alleged dependent child. ((There shall be no fee for filing such petitions.))

       Sec. 3. RCW 13.34.050 and 1998 c 328 s 1 are each amended to read as follows:

       (1) The court may enter an order directing a law enforcement officer, probation counselor, or child protective services official to take a child into custody if: (a) A petition is filed with the juvenile court alleging that the child is dependent and that the child's health, safety, and welfare will be seriously endangered if not taken into custody; (b) an affidavit or declaration is filed by the department in support of the petition setting forth specific factual information evidencing reasonable grounds that the child's health, safety, and welfare will be seriously endangered if not taken into custody and at least one of the grounds set forth demonstrates a risk of imminent harm to the child. "Imminent harm" for purposes of this section shall include, but not be limited to, circumstances of sexual abuse, or sexual exploitation as defined in RCW 26.44.020; and (c) the court finds reasonable grounds to believe the child is dependent and that the child's health, safety, and welfare will be seriously endangered if not taken into custody.

       (2) Any petition that does not have the necessary affidavit or declaration demonstrating a risk of imminent harm requires that the parents are provided notice and an opportunity to be heard ((by the parents)) before the order may be entered.

       (3) The petition and supporting documentation must be served on the parent, and ((the entity with whom)) if the child is in custody at the time the child is removed, on the entity with custody other than the parent. Failure to effect service does not invalidate the petition if service was attempted and the parent could not be found.

       Sec. 4. RCW 13.34.060 and 1999 c 17 s 2 are each amended to read as follows:

       (1) A child taken into custody pursuant to RCW 13.34.050 or 26.44.050 shall be immediately placed in shelter care. A child taken by a relative of the child in violation of RCW 9A.40.060 or 9A.40.070 shall be placed in shelter care only when permitted under RCW 13.34.055. (("Shelter care" means temporary physical care in a facility licensed pursuant to RCW 74.15.030 or in a home not required to be licensed pursuant to that section.))

       (a) Unless there is reasonable cause to believe that the health, safety, or welfare of the child would be jeopardized or that the efforts to reunite the parent and child will be hindered, priority placement for a child in shelter care shall be with any person described in RCW 74.15.020(2)(a). The person must be willing and available to care for the child and be able to meet any special needs of the child. If a child is not initially placed with a relative pursuant to this section, the supervising agency shall make an effort within available resources to place the child with a relative on the next business day after the child is taken into custody. The supervising agency shall document its effort to place the child with a relative pursuant to this section. Nothing within this subsection (1)(a) establishes an entitlement to services or a right to a particular placement.

       (b) Whenever a child is taken into ((such)) custody pursuant to this section, the supervising agency may authorize evaluations of the child's physical or emotional condition, routine medical and dental examination and care, and all necessary emergency care. In no case may a child who is taken into custody pursuant to RCW 13.34.055, 13.34.050, or 26.44.050 be detained in a secure detention facility. No child may be held longer than seventy-two hours, excluding Saturdays, Sundays and holidays, after such child is taken into custody unless a court order has been entered for continued shelter care. The child and his or her parent, guardian, or custodian shall be informed that they have a right to a shelter care hearing. The court shall hold a shelter care hearing within seventy-two hours after the child is taken into custody, excluding Saturdays, Sundays, and holidays. If a parent, guardian, or legal custodian desires to waive the shelter care hearing, the court shall determine, on the record and with the parties present, ((that)) whether such waiver is knowing and voluntary.

       (2) Whenever a child is taken into custody by child protective services pursuant to a court order issued under RCW 13.34.050 or when child protective services is notified that a child has been taken into custody pursuant to RCW 26.44.050 or 26.44.056, child protective services shall make reasonable efforts to inform the parents, guardian, or legal custodian of the fact that the child has been taken into custody, the reasons why the child was taken into custody, and their legal rights under this title as soon as possible and in no event ((longer)) shall notice be provided more than twenty-four hours after the child has been taken into custody or twenty-four hours after child protective services has been notified that the child has been taken into custody. The notice of custody and rights may be given by any means reasonably certain of notifying the parents including, but not limited to, written, telephone, or in person oral notification. If the initial notification is provided by a means other than writing, child protective services shall make reasonable efforts to also provide written notification.

       ((The written notice of custody and rights shall be in substantially the following form:


"NOTICE


       Your child has been placed in temporary custody under the supervision of Child Protective Services (or other person or agency). You have important legal rights and you must take steps to protect your interests.

       1. A court hearing will be held before a judge within 72 hours of the time your child is taken into custody. You should call the court at    (insert appropriate phone number here)    for specific information about the date, time, and location of the court hearing.

       2. You have the right to have a lawyer represent you at the hearing. You have the right to records the department intends to rely upon. A lawyer can look at the files in your case, talk to child protective services and other agencies, tell you about the law, help you understand your rights, and help you at hearings. If you cannot afford a lawyer, the court will appoint one to represent you. To get a court-appointed lawyer you must contact:    (explain local procedure)   .

       3. At the hearing, you have the right to speak on your own behalf, to introduce evidence, to examine witnesses, and to receive a decision based solely on the evidence presented to the judge.

       4. If your hearing occurs before a court commissioner, you have the right to have the decision of the court commissioner reviewed by a superior court judge. To obtain that review, you must, within ten days after the entry of the decision of the court commissioner, file with the court a motion for revision of the decision, as provided in RCW 2.24.050.

       You should be present at this hearing. If you do not come, the judge will not hear what you have to say.

       You may call the Child Protective Services' caseworker for more information about your child. The caseworker's name and telephone number are:    (insert name and telephone number)   ."

       Upon receipt of the written notice, the parent, guardian, or legal custodian shall acknowledge such notice by signing a receipt prepared by child protective services. If the parent, guardian, or legal custodian does not sign the receipt, the reason for lack of a signature shall be written on the receipt. The receipt shall be made a part of the court's file in the dependency action.

       If after making reasonable efforts to provide notification, child protective services is unable to determine the whereabouts of the parents, guardian, or legal custodian, the notice shall be delivered or sent to the last known address of the parent, guardian, or legal custodian.

       (3) If child protective services is not required to give notice under subsection (2) of this section, the juvenile court counselor assigned to the matter shall make all reasonable efforts to advise the parents, guardian, or legal custodian of the time and place of any shelter care hearing, request that they be present, and inform them of their basic rights as provided in RCW 13.34.090.

       (4) Reasonable efforts to advise and to give notice, as required in subsections (2) and (3) of this section, shall include, at a minimum, investigation of the whereabouts of the parent, guardian, or legal custodian. If such reasonable efforts are not successful, or the parent, guardian, or legal custodian does not appear at the shelter care hearing, the juvenile court counselor or caseworker shall testify at the hearing or state in a declaration:

       (a) The efforts made to investigate the whereabouts of, and to advise, the parent, guardian, or legal custodian; and

       (b) Whether actual advice of rights was made, to whom it was made, and how it was made, including the substance of any oral communication or copies of written materials used.

       (5) At the commencement of the shelter care hearing the court shall advise the parties of their basic rights as provided in RCW 13.34.090 and shall appoint counsel pursuant to RCW 13.34.090 if counsel has not been retained by the parent or guardian and if the parent or guardian is indigent, unless the court finds that the right to counsel has been expressly and voluntarily waived in court.

       (6) The court shall hear evidence regarding notice given to, and efforts to notify, the parent, guardian, or legal custodian and shall examine the need for shelter care. The court shall hear evidence regarding the efforts made to place the child with a relative. The court shall make an express finding as to whether the notice required under subsections (2) and (3) of this section was given to the parent, guardian, or legal custodian. All parties have the right to present testimony to the court regarding the need or lack of need for shelter care. Hearsay evidence before the court regarding the need or lack of need for shelter care must be supported by sworn testimony, affidavit, or declaration of the person offering such evidence.

       (7) The juvenile court probation counselor shall submit a recommendation to the court as to the further need for shelter care, except that such recommendation shall be submitted by the department of social and health services in cases where the petition alleging dependency has been filed by the department of social and health services, unless otherwise ordered by the court.

       (8) The court shall release a child alleged to be dependent to the care, custody, and control of the child's parent, guardian, or legal custodian unless the court finds there is reasonable cause to believe that:

       (a) After consideration of the specific services that have been provided, reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home; and

       (b)(i) The child has no parent, guardian, or legal custodian to provide supervision and care for such child; or

       (ii) The release of such child would present a serious threat of substantial harm to such child; or

       (iii) The parent, guardian, or custodian to whom the child could be released is alleged to have violated RCW 9A.40.060 or 9A.40.070.

       If the court does not release the child to his or her parent, guardian, or legal custodian, and the child was initially placed with a relative pursuant to subsection (1) of this section, the court shall order continued placement with a relative, unless there is reasonable cause to believe the safety or welfare of the child would be jeopardized. If the child was not initially placed with a relative, and the court does not release the child to his or her parent, guardian, or legal custodian, the supervising agency shall make reasonable efforts to locate a relative pursuant to subsection (1) of this section. If a relative is not available, the court shall order continued shelter care or order placement with another suitable person, and the court shall set forth its reasons for the order. The court shall enter a finding as to whether subsections (2) and (3) of this section have been complied with. If actual notice was not given to the parent, guardian, or legal custodian and the whereabouts of such person is known or can be ascertained, the court shall order the supervising agency or the department of social and health services to make reasonable efforts to advise the parent, guardian, or legal custodian of the status of the case, including the date and time of any subsequent hearings, and their rights under RCW 13.34.090.

       (9) An order releasing the child on any conditions specified in this section may at any time be amended, with notice and hearing thereon, so as to return the child to shelter care for failure of the parties to conform to the conditions originally imposed.

       The court shall consider whether nonconformance with any conditions resulted from circumstances beyond the control of the parent and give weight to that fact before ordering return of the child to shelter care.

       (10) A shelter care order issued pursuant to this section may be amended at any time with notice and hearing thereon. The shelter care decision of placement shall be modified only upon a showing of change in circumstances. No child may be detained for longer than thirty days without an order, signed by the judge, authorizing continued shelter care.

       (11) Any parent, guardian, or legal custodian who for good cause is unable to attend the initial shelter care hearing may request that a subsequent shelter care hearing be scheduled. The request shall be made to the clerk of the court where the petition is filed prior to the initial shelter care hearing. The hearing shall be held within seventy-two hours of the request, excluding Saturdays, Sundays, and holidays. The clerk shall notify all other parties of the hearing by any reasonable means.))

       NEW SECTION. Sec. 5. A new section is added to chapter 13.34 RCW to read as follows:

       (1) The written notice of custody and rights required by RCW 13.34.060 shall be in substantially the following form:


"NOTICE


       Your child has been placed in temporary custody under the supervision of Child Protective Services (or other person or agency). You have important legal rights and you must take steps to protect your interests.

       1. A court hearing will be held before a judge within 72 hours of the time your child is taken into custody excluding Saturdays, Sundays, and holidays. You should call the court at    (insert appropriate phone number here)    for specific information about the date, time, and location of the court hearing.

       2. You have the right to have a lawyer represent you at the hearing. You have the right to records the department intends to rely upon. A lawyer can look at the files in your case, talk to child protective services and other agencies, tell you about the law, help you understand your rights, and help you at hearings. If you cannot afford a lawyer, the court will appoint one to represent you. To get a court-appointed lawyer you must contact:    (explain local procedure)   .

       3. At the hearing, you have the right to speak on your own behalf, to introduce evidence, to examine witnesses, and to receive a decision based solely on the evidence presented to the judge.

       4. If your hearing occurs before a court commissioner, you have the right to have the decision of the court commissioner reviewed by a superior court judge. To obtain that review, you must, within ten days after the entry of the decision of the court commissioner, file with the court a motion for revision of the decision, as provided in RCW 2.24.050.

       You should be present at any shelter care hearing. If you do not come, the judge will not hear what you have to say.

       You may call the Child Protective Services' caseworker for more information about your child. The caseworker's name and telephone number are:    (insert name and telephone number)   ."

       Upon receipt of the written notice, the parent, guardian, or legal custodian shall acknowledge such notice by signing a receipt prepared by child protective services. If the parent, guardian, or legal custodian does not sign the receipt, the reason for lack of a signature shall be written on the receipt. The receipt shall be made a part of the court's file in the dependency action.

       If after making reasonable efforts to provide notification, child protective services is unable to determine the whereabouts of the parents, guardian, or legal custodian, the notice shall be delivered or sent to the last known address of the parent, guardian, or legal custodian.

       (2) If child protective services is not required to give notice under RCW 13.34.060(2) and subsection (1) of this section, the juvenile court counselor assigned to the matter shall make all reasonable efforts to advise the parents, guardian, or legal custodian of the time and place of any shelter care hearing, request that they be present, and inform them of their basic rights as provided in RCW 13.34.090.

       (3) Reasonable efforts to advise and to give notice, as required in RCW 13.34.060(2) and subsections (1) and (2) of this section, shall include, at a minimum, investigation of the whereabouts of the parent, guardian, or legal custodian. If such reasonable efforts are not successful, or the parent, guardian, or legal custodian does not appear at the shelter care hearing, the petitioner shall testify at the hearing or state in a declaration:

       (a) The efforts made to investigate the whereabouts of, and to advise, the parent, guardian, or legal custodian; and

       (b) Whether actual advice of rights was made, to whom it was made, and how it was made, including the substance of any oral communication or copies of written materials used.

       (4) The court shall hear evidence regarding notice given to, and efforts to notify, the parent, guardian, or legal custodian and shall examine the need for shelter care. The court shall hear evidence regarding the efforts made to place the child with a relative. The court shall make an express finding as to whether the notice required under RCW 13.34.060(2) and subsections (1) and (2) of this section was given to the parent, guardian, or legal custodian. All parties have the right to present testimony to the court regarding the need or lack of need for shelter care. Hearsay evidence before the court regarding the need or lack of need for shelter care must be supported by sworn testimony, affidavit, or declaration of the person offering such evidence.

       (5) A shelter care order issued pursuant to section 7 of this act may be amended at any time with notice and hearing thereon. The shelter care decision of placement shall be modified only upon a showing of change in circumstances. No child may be placed in shelter care for longer than thirty days without an order, signed by the judge, authorizing continued shelter care.

       (6) Any parent, guardian, or legal custodian who for good cause is unable to attend the initial shelter care hearing may request that a subsequent shelter care hearing be scheduled. The request shall be made to the clerk of the court where the petition is filed prior to the initial shelter care hearing. Upon the request of the parent, the court shall schedule the hearing within seventy-two hours of the request, excluding Saturdays, Sundays, and holidays. The clerk shall notify all other parties of the hearing by any reasonable means.

       NEW SECTION. Sec. 6. A new section is added to chapter 13.34 RCW to read as follows:

       At the commencement of the shelter care hearing the court shall advise the parties of basic rights as provided in RCW 13.34.090 and appoint counsel pursuant to RCW 13.34.090 if the parent or guardian is indigent unless counsel has been retained by the parent or guardian or the court finds that the right to counsel has been expressly and voluntarily waived in court.

       NEW SECTION. Sec. 7. A new section is added to chapter 13.34 RCW to read as follows:

       (1) The juvenile court probation counselor shall submit a recommendation to the court as to the further need for shelter care unless the petition has been filed by the department, in which case the recommendation shall be submitted by the department.

       (2) The court shall release a child alleged to be dependent to the care, custody, and control of the child's parent, guardian, or legal custodian unless the court finds there is reasonable cause to believe that:

       (a) After consideration of the specific services that have been provided, reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home; and

       (b)(i) The child has no parent, guardian, or legal custodian to provide supervision and care for such child; or

       (ii) The release of such child would present a serious threat of substantial harm to such child; or

       (iii) The parent, guardian, or custodian to whom the child could be released has been charged with violating RCW 9A.40.060 or 9A.40.070.

       If the court does not release the child to his or her parent, guardian, or legal custodian, and the child was initially placed with a relative pursuant to RCW 13.34.060(1), the court shall order continued placement with a relative, unless there is reasonable cause to believe the health, safety, or welfare of the child would be jeopardized. If the child was not initially placed with a relative, and the court does not release the child to his or her parent, guardian, or legal custodian, the supervising agency shall make reasonable efforts to locate a relative pursuant to RCW 13.34.060(1). If a relative is not available, the court shall order continued shelter care or order placement with another suitable person, and the court shall set forth its reasons for the order. The court shall enter a finding as to whether RCW 13.34.060(2) and subsections (1) and (2) of this section have been complied with. If actual notice was not given to the parent, guardian, or legal custodian and the whereabouts of such person is known or can be ascertained, the court shall order the supervising agency or the department of social and health services to make reasonable efforts to advise the parent, guardian, or legal custodian of the status of the case, including the date and time of any subsequent hearings, and their rights under RCW 13.34.090.

       (3) An order releasing the child on any conditions specified in this section may at any time be amended, with notice and hearing thereon, so as to return the child to shelter care for failure of the parties to conform to the conditions originally imposed.

       The court shall consider whether nonconformance with any conditions resulted from circumstances beyond the control of the parent and give weight to that fact before ordering return of the child to shelter care.

       Sec. 8. RCW 13.34.070 and 1993 c 358 s 1 are each amended to read as follows:

       (1) Upon the filing of the petition, the clerk of the court shall issue a summons, one directed to the child, if the child is twelve or more years of age, and another to the parents, guardian, or custodian, and such other persons as appear to the court to be proper or necessary parties to the proceedings, requiring them to appear personally before the court at the time fixed to hear the petition. If the child is developmentally disabled and not living at home, the notice shall be given to the child's custodian as well as to the child's parent. The developmentally disabled child shall not be required to appear unless requested by the court. ((Where)) When the custodian is summoned, the parent or guardian or both shall also be served with a summons. The fact-finding hearing on the petition shall be held no later than seventy-five days after the filing of the petition, unless exceptional reasons for a continuance are found. The party requesting the continuance shall have the burden of proving by a preponderance of the evidence that exceptional circumstances ((do)) exist. To ensure that the hearing on the petition occurs within the seventy-five day time limit, the court shall schedule and hear the matter on an expedited basis.

       (2) A copy of the petition shall be attached to each summons.

       (3) The summons shall advise the parties of the right to counsel. The summons shall also inform the child's parent, guardian, or legal custodian of his or (([her])) her right to appointed counsel, if indigent, and of the procedure to use to secure appointed counsel.

       (4) The summons shall advise the parents that they may be held responsible for the support of the child if the child is placed in out-of-home care.

       (5) The judge may endorse upon the summons an order directing any parent, guardian, or custodian having the custody or control of the child to bring the child to the hearing.

       (6) If it appears from affidavit or sworn statement presented to the judge that there is probable cause for the issuance of a warrant of arrest or that the child needs to be taken into custody pursuant to RCW 13.34.050, the judge may endorse upon the summons an order that an officer serving the summons shall at once take the child into custody and take him or her to the place of shelter designated by the court.

       (7) If the person summoned as provided in this section is subject to an order of the court pursuant to subsection (5) or (6) of this section, and if the person fails to abide by the order, he or she may be proceeded against as for contempt of court. The order endorsed upon the summons shall conspicuously display the following legend:


NOTICE:

VIOLATION OF THIS ORDER

IS SUBJECT TO PROCEEDING

FOR CONTEMPT OF COURT

PURSUANT TO RCW 13.34.070.


       (8) If a party to be served with a summons can be found within the state, the summons shall be served upon the party personally as soon as possible following the filing of the petition, but in no case later than fifteen court days before the fact-finding hearing, or such time as set by the court. If the party is within the state and cannot be personally served, but the party's address is known or can with reasonable diligence be ascertained, the summons may be served upon the party by mailing a copy ((thereof)) by certified mail as soon as possible following the filing of the petition, but in no case later than fifteen court days before the hearing, or such time as set by the court. If a party other than the child is without the state but can be found or the address is known, or can with reasonable diligence be ascertained, service of the summons may be made either by delivering a copy ((thereof)) to the party personally or by mailing a copy thereof to the party by certified mail at least ten court days before the fact-finding hearing, or such time as set by the court.

       (9) Service of summons may be made under the direction of the court by any person eighteen years of age or older who is not a party to the proceedings or by any law enforcement officer, probation counselor, or department ((of social and health services social worker)) employee.

       (10) In any proceeding brought under this chapter where the court knows or has reason to know that the child involved is a member or is eligible to be a member of an Indian tribe, notice of the pendency of the proceeding shall also be sent by registered mail, return receipt requested, to the child's tribe. If the identity or location of the tribe cannot be determined, such notice shall be transmitted to the secretary of the interior of the United States.

       Sec. 9. RCW 13.34.080 and 1990 c 246 s 3 are each amended to read as follows:

       ((In a dependency case where it appears by the petition or verified statement, that the person standing in the position of natural or legal guardian of the person of any child, is a nonresident of this state, or that the name or place of residence or whereabouts of such person is unknown, as well as in all cases where, after due diligence, the officer has been unable to make service of the summons or notice provided for in RCW 13.34.070, and a copy of the notice has been deposited in the post office, postage prepaid, directed to such person at his last known place of residence,)) (1) The court shall direct the clerk to publish notice in a legal newspaper printed in the county, qualified to publish summons, once a week for three consecutive weeks, with the first publication of the notice to be at least twenty-five days prior to the date fixed for the hearing when it appears by the petition or verified statement that:

       (a)(i) The parent or guardian is a nonresident of this state; or

       (ii) The name or place of residence or whereabouts of the parent or guardian is unknown; and

       (b) After due diligence, the person attempting service of the summons or notice provided for in RCW 13.34.070 has been unable to make service, and a copy of the notice has been deposited in the post office, postage prepaid, directed to such person at his or her last known place of residence. If the parent, guardian, or legal custodian is believed to be a resident of another state or a county other than the county in which the petition has been filed, notice also shall be published in the county in which the parent, guardian, or legal custodian is believed to reside.

       ((Additionally,)) (2) Publication may proceed simultaneously with efforts to provide ((personal)) service in person or ((service)) by mail ((for good cause shown)), when the court determines there is reason to believe that ((personal)) service in person or ((service)) by mail will not be successful. ((Such)) Notice shall be directed to the parent, parents, or other person claiming the right to the custody of the child, if their names are known((, or)). If their names are unknown, the phrase "To whom it may concern" shall be used ((and)), apply to, and be binding upon, ((any such)) those persons whose names are unknown. The name of the court, the name of the child (or children if of one family), the date of the filing of the petition, the date of hearing, and the object of the proceeding in general terms shall be set forth((, and the whole shall be subscribed by the clerk)). There shall be filed with the clerk an affidavit showing due publication of the notice((, and)). The cost of publication shall be paid by the county at a rate not ((to exceed)) greater than the rate paid ((by the county)) for other legal notices. The publication of notice shall be deemed equivalent to personal service upon all persons, known or unknown, who have been designated as provided in this section.

       Sec. 10. RCW 13.34.090 and 1998 c 328 s 3 and 1998 c 141 s 1 are each reenacted and amended to read as follows:

       (1) Any party has a right to be represented by an attorney in all proceedings under this chapter, to introduce evidence, to be heard in his or her own behalf, to examine witnesses, to receive a decision based solely on the evidence adduced at the hearing, and to an unbiased fact-finder.

       (2) At all stages of a proceeding in which a child is alleged to be dependent ((as defined in RCW 13.34.030(4))), the child's parent, guardian, or legal custodian has the right to be represented by counsel, and if indigent, to have counsel appointed for him or her by the court. Unless waived in court, counsel shall be provided to the child's parent, guardian, or legal custodian, if such person (a) has appeared in the proceeding or requested the court to appoint counsel and (b) is financially unable to obtain counsel because of indigency ((as defined in chapter 10.101 RCW)).

       (3) If a party to an action under this chapter is represented by counsel, no order shall be provided to that party for his or her signature without prior notice and provision of the order to counsel.

       (4) Copies of department of social and health services or supervising agency records to which parents have legal access pursuant to chapter 13.50 RCW shall be given to the child's parent, guardian, legal custodian, or his or her legal counsel, prior to any shelter care hearing and within fifteen days after the department or supervising agency receives a written request for such records from the parent, guardian, legal custodian, or his or her legal counsel. These records shall be provided to the child's parents, guardian, legal custodian, or legal counsel a reasonable period of time prior to the shelter care hearing in order to allow an opportunity to review the records prior to the hearing. These records shall be legible and shall be provided at no expense to the parents, guardian, legal custodian, or his or her counsel. When the records are served on legal counsel, legal counsel shall have the opportunity to review the records with the parents and shall review the records with the parents prior to the shelter care hearing.

       Sec. 11. RCW 13.34.110 and 1995 c 313 s 1 and 1995 c 311 s 27 are each reenacted and amended to read as follows:

       The court shall hold a fact-finding hearing on the petition and, unless the court dismisses the petition, shall make written findings of fact, stating the reasons therefor((, and after it has announced its findings of fact shall hold a hearing to consider disposition of the case immediately following the fact-finding hearing or at a continued hearing within fourteen days or longer for good cause shown)). Immediately after the entry of the findings of fact, the court shall hold a disposition hearing, unless there is good cause for continuing the matter for up to fourteen days. If good cause is shown, the case may be continued for longer than fourteen days. Notice of the time and place of the continued hearing may be given in open court. If notice in open court is not given to a party, that party shall be notified by certified mail of the time and place of any continued hearing. Unless there is reasonable cause to believe the health, safety, or welfare of the child would be jeopardized or efforts to reunite the parent and child would be hindered, the court shall direct the department to notify those adult persons who: (1) Are related by blood or marriage to the child in the following degrees: Parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, or aunt; (2) are known to the department as having been in contact with the family or child within the past twelve months; and (3) would be an appropriate placement for the child. Reasonable cause to dispense with notification to a parent under this section must be proved by clear, cogent, and convincing evidence.

       The parties need not appear at the fact-finding or dispositional hearing if the parties, their attorneys, the guardian ad litem, and court-appointed special advocates, if any, are all in agreement. The court shall receive and review a social study before entering an order based on agreement. No social file or social study may be considered by the court in connection with the fact-finding hearing or prior to factual determination, except as otherwise admissible under the rules of evidence. ((Notice of the time and place of the continued hearing may be given in open court. If notice in open court is not given to a party, that party shall be notified by mail of the time and place of any continued hearing.

       All hearings may be conducted at any time or place within the limits of the county, and such cases may not be heard in conjunction with other business of any other division of the superior court. The general public shall be excluded, and only such persons may be admitted who are found by the judge to have a direct interest in the case or in the work of the court. Unless the court states on the record the reasons to disallow attendance, the court shall allow a child's relatives and, if a child resides in foster care, the child's foster parent, to attend all hearings and proceedings pertaining to the child for the sole purpose of providing oral and written information about the child and the child's welfare to the court.

       Stenographic notes or any device which accurately records the proceedings may be required as provided in other civil cases pursuant to RCW 2.32.200.))

       NEW SECTION. Sec. 12. A new section is added to chapter 13.34 RCW to read as follows:

       All hearings may be conducted at any time or place within the limits of the county, and such cases may not be heard in conjunction with other business of any other division of the superior court. The public shall be excluded, and only such persons may be admitted who are found by the judge to have a direct interest in the case or in the work of the court. Unless the court states on the record the reasons to disallow attendance, the court shall allow a child's relatives and, if a child resides in foster care, the child's foster parent, to attend all hearings and proceedings pertaining to the child for the sole purpose of providing oral and written information about the child and the child's welfare to the court.

       Stenographic notes or any device which accurately records the proceedings may be required as provided in other civil cases pursuant to RCW 2.32.200.

       Sec. 13. RCW 13.34.120 and 1998 c 328 s 4 are each amended to read as follows:

       (((1))) To aid the court in its decision on disposition, a social study((, consisting of a written evaluation of matters relevant to the disposition of the case,)) shall be made by the person or agency filing the petition. A parent may submit a counselor's or health care provider's evaluation of the parent, which shall either be included in the social study or considered in conjunction with the social study. The study shall include all social ((records)) files and may also include facts relating to the child's cultural heritage, and shall be made available to the court. The court shall consider the social file, social study, guardian ad litem report, the court-appointed special advocate's report, if any, and any reports filed by a party at the disposition hearing in addition to evidence produced at the fact-finding hearing. At least ten working days before the disposition hearing, the department shall mail to the parent and his or her attorney a copy of the agency's social study and proposed service plan, which shall be in writing or in a form understandable to the parents or custodians. In addition, the department shall provide an opportunity for parents to review and comment on the plan at the ((community service)) local office closest to the parents' residence. If the parents disagree with the agency's plan or any part thereof, the parents shall submit to the court at least twenty-four hours before the hearing, in writing, or signed oral statement, an alternative plan to correct the problems which led to the finding of dependency. This section shall not interfere with the right of the parents or custodians to submit oral arguments regarding the disposition plan at the hearing.

       (((2) In addition to the requirements set forth in subsection (1) of this section, a predisposition study to the court in cases of dependency alleged pursuant to RCW 13.34.030(4) (b) or (c) shall contain the following information:

       (a) A statement of the specific harm or harms to the child that intervention is designed to alleviate;

       (b) A description of the specific programs, for both the parents and child, that are needed in order to prevent serious harm to the child; the reasons why such programs are likely to be useful; the availability of any proposed services; and the agency's overall plan for ensuring that the services will be delivered. The description shall identify services chosen and approved by the parent;

       (c) If removal is recommended, a full description of the reasons why the child cannot be protected adequately in the home, including a description of any previous efforts to work with the parents and the child in the home; the in-home treatment programs which have been considered and rejected; the preventive services that have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home; and the parents' attitude toward placement of the child;

       (d) A statement of the likely harms the child will suffer as a result of removal. This section should include an exploration of the nature of the parent-child attachment and the meaning of separation and loss to both the parents and the child;

       (e) A description of the steps that will be taken to minimize harm to the child that may result if separation occurs; and

       (f) Behavior that will be expected before determination that supervision of the family or placement is no longer necessary.))

       NEW SECTION. Sec. 14. A new section is added to chapter 13.34 RCW to read as follows:

       If the most recent date that a child was removed from the home of the parent, guardian, or legal custodian for purposes of placement in out-of-home care occurred prior to the filing of a dependency petition or after filing but prior to entry of a disposition order, such time periods shall be included when calculating the length of the child's current placement episode.

       Sec. 15. RCW 13.34.130 and 1999 c 267 s 16, 1999 c 267 s 9, and 1999 c 173 s 3 are each reenacted and amended to read as follows:

       If, after a fact-finding hearing pursuant to RCW 13.34.110, it has been proven by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030((;)) after consideration of the ((predisposition report)) social study prepared pursuant to RCW 13.34.110 and after a disposition hearing has been held pursuant to RCW 13.34.110, the court shall enter an order of disposition pursuant to this section.

       (1) The court shall order one of the following dispositions of the case:

       (a) Order a disposition other than removal of the child from his or her home, which shall provide a program designed to alleviate the immediate danger to the child, to mitigate or cure any damage the child has already suffered, and to aid the parents so that the child will not be endangered in the future. In ((selecting a program)) determining the disposition, the court should choose those services, including housing assistance, that least interfere with family autonomy((, provided that the services)) and are adequate to protect the child.

       (b) Order ((that)) the child to be removed from his or her home and ((ordered)) into the custody, control, and care of a relative or the department ((of social and health services)) or a licensed child placing agency for placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to chapter 74.15 RCW. Unless there is reasonable cause to believe that the health, safety, or welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered, such child shall be placed with a person who is: (i) Related to the child as defined in RCW 74.15.020(2)(a) ((and)) with whom the child has a relationship and is comfortable((,)); and ((who is)) (ii) willing and available to care for the child.

       (2) Placement of the child with a relative under this subsection shall be given preference by the court. An order for out-of-home placement may be made only if the court finds that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home, specifying the services that have been provided to the child and the child's parent, guardian, or legal custodian, and that preventive services have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home, and that:

       (((i))) (a) There is no parent or guardian available to care for such child;

       (((ii))) (b) The parent, guardian, or legal custodian is not willing to take custody of the child; or

       (((iii))) (c) The court finds, by clear, cogent, and convincing evidence, a manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home and an order under RCW 26.44.063 would not protect the child from danger((; or

       (iv) The extent of the child's disability is such that the parent, guardian, or legal custodian is unable to provide the necessary care for the child and the parent, guardian, or legal custodian has determined that the child would benefit from placement outside of the home)).

       (((2))) (3) If the court has ordered a child removed from his or her home pursuant to subsection (1)(b) of this section, the court may order that a petition seeking termination of the parent and child relationship be filed if the ((court finds: (a) Termination is recommended by the supervising agency; (b) termination is in the best interests of the child; and (c) that because of the existence of aggravated circumstances, reasonable efforts to unify the family are not required. Notwithstanding the existence of aggravated circumstances, reasonable efforts may be required if the court or department determines it is in the best interest of the child. In determining whether aggravated circumstances exist by clear, cogent, and convincing evidence, the court shall consider one or more of the following:

       (i) Conviction of the parent of rape of the child in the first, second, or third degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079;

       (ii) Conviction of the parent of criminal mistreatment of the child in the first or second degree as defined in RCW 9A.42.020 and 9A.42.030;

       (iii) Conviction of the parent of one of the following assault crimes, when the child is the victim: Assault in the first or second degree as defined in RCW 9A.36.011 and 9A.36.021 or assault of a child in the first or second degree as defined in RCW 9A.36.120 or 9A.36.130;

       (iv) Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child;

       (v) Conviction of the parent of attempting, soliciting, or conspiracy to commit a crime listed in (c)(i), (ii), (iii), or (iv) of this subsection;

       (vi) A finding by a court that a parent is a sexually violent predator as defined in RCW 71.09.020;

       (vii) Failure of the parent to complete available treatment ordered under this chapter or the equivalent laws of another state, where such failure has resulted in a prior termination of parental rights to another child and the parent has failed to effect significant change in the interim. In the case of a parent of an Indian child, as defined in the Indian Child Welfare Act, P.L. 95-608 (25 U.S.C. Sec. 1903), the court shall also consider tribal efforts to assist the parent in completing treatment and make it possible for the child to return home;

       (viii) An infant under three years of age has been abandoned as defined in RCW 13.34.030(4)(a);

       (ix) The mother has given birth to three or more drug-affected infants, resulting in the department filing a petition under section 23, chapter 314, Laws of 1998;

       (x) Conviction of the parent of a sex offense under chapter 9A.44 RCW or incest under RCW 9A.64.020 when the child is born of the offense.

       (3) If reasonable efforts are not ordered under subsection (2) of this section a permanency planning hearing shall be held within thirty days. Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child.

       (4) Whenever a child is ordered removed from the child's home, the agency charged with his or her care shall provide the court with:

       (a) A permanency plan of care that shall identify one of the following outcomes as a primary goal and may identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; permanent legal custody; long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider; and independent living, if appropriate and if the child is age sixteen or older; or a responsible living skills program. Whenever a permanency plan identifies independent living as a goal, the plan shall also specifically identify the services that will be provided to assist the child to make a successful transition from foster care to independent living. Before the court approves independent living as a permanency plan of care, the court shall make a finding that the provision of services to assist the child in making a transition from foster care to independent living will allow the child to manage his or her financial affairs and to manage his or her personal, social, educational, and nonfinancial affairs. The department shall not discharge a child to an independent living situation before the child is eighteen years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW.

       (b) Unless the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to return the child home, and what actions the agency will take to maintain parent-child ties. All aspects of the plan shall include the goal of achieving permanence for the child.

       (i) The agency plan shall specify what services the parents will be offered in order to enable them to resume custody, what requirements the parents must meet in order to resume custody, and a time limit for each service plan and parental requirement.

       (ii) The agency shall be required to encourage the maximum parent-child contact possible, including regular visitation and participation by the parents in the care of the child while the child is in placement. Visitation may be limited or denied only if the court determines that such limitation or denial is necessary to protect the child's health, safety, or welfare.

       (iii) A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being.

       (iv) The agency charged with supervising a child in placement shall provide all reasonable services that are available within the agency, or within the community, or those services which the department of social and health services has existing contracts to purchase. It shall report to the court if it is unable to provide such services.

       (c) If the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to achieve permanency for the child, services to be offered or provided to the child, and, if visitation would be in the best interests of the child, a recommendation to the court regarding visitation between parent and child pending a fact-finding hearing on the termination petition. The agency shall not be required to develop a plan of services for the parents or provide services to the parents.

       (5) If the court determines that the continuation of reasonable efforts to prevent or eliminate the need to remove the child from his or her home or to safely return the child home should not be part of the permanency plan of care for the child, reasonable efforts shall be made to place the child in a timely manner and to complete whatever steps are necessary to finalize the permanent placement of the child.

       (6))) requirements of section 16 of this act are met.

       (4) If there is insufficient information at the time of the disposition hearing upon which to base a determination regarding the suitability of a proposed placement with a relative, the child shall remain in foster care and the court shall direct the supervising agency to conduct necessary background investigations as provided in chapter 74.15 RCW and report the results of such investigation to the court within thirty days. However, if such relative appears otherwise suitable and competent to provide care and treatment, the criminal history background check need not be completed before placement, but as soon as possible after placement. Any placements with relatives, pursuant to this section, shall be contingent upon cooperation by the relative with the agency case plan and compliance with court orders related to the care and supervision of the child including, but not limited to, court orders regarding parent-child contacts and any other conditions imposed by the court. Noncompliance with the case plan or court order shall be grounds for removal of the child from the relative's home, subject to review by the court.

       (((7) Except for children whose cases are reviewed by a citizen review board under chapter 13.70 RCW, the status of all children found to be dependent shall be reviewed by the court at least every six months from the beginning date of the placement episode or the date dependency is established, whichever is first, at a hearing in which it shall be determined whether court supervision should continue. The review shall include findings regarding the agency and parental completion of disposition plan requirements, and if necessary, revised permanency time limits. The supervising agency shall provide a foster parent, preadoptive parent, or relative with notice of, and their right to an opportunity to be heard in, a review hearing pertaining to the child, but only if that person is currently providing care to that child at the time of the hearing. This section shall not be construed to grant party status to any person who has been provided an opportunity to be heard.

       (a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in this section no longer exists. The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal. If a child is returned, casework supervision shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention.

       (b) If the child is not returned home, the court shall establish in writing:

       (i) Whether reasonable services have been provided to or offered to the parties to facilitate reunion, specifying the services provided or offered;

       (ii) Whether the child has been placed in the least-restrictive setting appropriate to the child's needs, including whether consideration and preference has been given to placement with the child's relatives;

       (iii) Whether there is a continuing need for placement and whether the placement is appropriate;

       (iv) Whether there has been compliance with the case plan by the child, the child's parents, and the agency supervising the placement;

       (v) Whether progress has been made toward correcting the problems that necessitated the child's placement in out-of-home care;

       (vi) Whether the parents have visited the child and any reasons why visitation has not occurred or has been infrequent;

       (vii) Whether additional services, including housing assistance, are needed to facilitate the return of the child to the child's parents; if so, the court shall order that reasonable services be offered specifying such services; and

       (viii) The projected date by which the child will be returned home or other permanent plan of care will be implemented.

       (c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.

       (8) The court's ability to order housing assistance under this section is: (a) Limited to cases in which homelessness or the lack of adequate and safe housing is the primary reason for an out-of-home placement; and (b) subject to the availability of funds appropriated for this specific purpose.))

       NEW SECTION. Sec. 16. A new section is added to chapter 13.34 RCW to read as follows:

       A court may order that a petition seeking termination of the parent and child relationship be filed if the following requirements are met:

       (1) The court has removed the child from his or her home pursuant to RCW 13.34.130;

       (2) Termination is recommended by the supervising agency;

       (3) Termination is in the best interests of the child; and

       (4) Because of the existence of aggravated circumstances, reasonable efforts to unify the family are not required. Notwithstanding the existence of aggravated circumstances, reasonable efforts may be required if the court or department determines it is in the best interests of the child. In determining whether aggravated circumstances exist by clear, cogent, and convincing evidence, the court shall consider one or more of the following:

       (a) Conviction of the parent of rape of the child in the first, second, or third degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079;

       (b) Conviction of the parent of criminal mistreatment of the child in the first or second degree as defined in RCW 9A.42.020 and 9A.42.030;

       (c) Conviction of the parent of one of the following assault crimes, when the child is the victim: Assault in the first or second degree as defined in RCW 9A.36.011 and 9A.36.021 or assault of a child in the first or second degree as defined in RCW 9A.36.120 or 9A.36.130;

       (d) Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child;

       (e) Conviction of the parent of attempting, soliciting, or conspiring to commit a crime listed in (a), (b), (c), or (d) of this subsection;

       (f) A finding by a court that a parent is a sexually violent predator as defined in RCW 71.09.020;

       (g) Failure of the parent to complete available treatment ordered under this chapter or the equivalent laws of another state, where such failure has resulted in a prior termination of parental rights to another child and the parent has failed to effect significant change in the interim. In the case of a parent of an Indian child, as defined in the Indian Child Welfare Act, P.L. 95-608 (25 U.S.C. Sec. 1903), the court shall also consider tribal efforts to assist the parent in completing treatment and make it possible for the child to return home;

       (h) An infant under three years of age has been abandoned;

       (i) Conviction of the parent, when a child has been born of the offense, of: (A) A sex offense under chapter 9A.44 RCW; or (B) incest under RCW 9A.64.020.

       NEW SECTION. Sec. 17. A new section is added to chapter 13.34 RCW to read as follows:

       If reasonable efforts are not ordered under section 16 of this act, a permanency planning hearing shall be held within thirty days of the court order to file a petition to terminate parental rights. Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child.

       NEW SECTION. Sec. 18. A new section is added to chapter 13.34 RCW to read as follows:

       (1) Whenever a child is ordered removed from the child's home, the agency charged with his or her care shall provide the court with:

       (a) A permanency plan of care that shall identify one of the following outcomes as a primary goal and may identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; permanent legal custody; long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider; successful completion of a responsible living skills program; or independent living, if appropriate and if the child is age sixteen or older. The department shall not discharge a child to an independent living situation before the child is eighteen years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW;

       (b) Unless the court has ordered, pursuant to RCW 13.34.130(3), that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to return the child home, and what actions the agency will take to maintain parent-child ties. All aspects of the plan shall include the goal of achieving permanence for the child.

       (i) The agency plan shall specify what services the parents will be offered to enable them to resume custody, what requirements the parents must meet to resume custody, and a time limit for each service plan and parental requirement.

       (ii) The agency shall encourage the maximum parent-child contact possible, including regular visitation and participation by the parents in the care of the child while the child is in placement. Visitation may be limited or denied only if the court determines that such limitation or denial is necessary to protect the child's health, safety, or welfare.

       (iii) A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being.

       (iv) The agency charged with supervising a child in placement shall provide all reasonable services that are available within the agency, or within the community, or those services which the department has existing contracts to purchase. It shall report to the court if it is unable to provide such services; and

       (c) If the court has ordered, pursuant to RCW 13.34.130(3), that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to achieve permanency for the child, services to be offered or provided to the child, and, if visitation would be in the best interests of the child, a recommendation to the court regarding visitation between parent and child pending a fact-finding hearing on the termination petition. The agency shall not be required to develop a plan of services for the parents or provide services to the parents if the court orders a termination petition be filed.

       (2) If the court determines that the continuation of reasonable efforts to prevent or eliminate the need to remove the child from his or her home or to safely return the child home should not be part of the permanency plan of care for the child, reasonable efforts shall be made to place the child in a timely manner and to complete whatever steps are necessary to finalize the permanent placement of the child.

       NEW SECTION. Sec. 19. A new section is added to chapter 13.34 RCW to read as follows:

       (1) Except for children whose cases are reviewed by a citizen review board under chapter 13.70 RCW, the status of all children found to be dependent shall be reviewed by the court at least every six months from the beginning date of the placement episode or the date dependency is established, whichever is first, at a hearing in which it shall be determined whether court supervision should continue. The review shall include findings regarding the agenc