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FIFTY-EIGHTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Tuesday, March 7, 2000

      The Senate was called to order at 9:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Benton and Sellar. On motion of Senator Honeyford, Senator Sellar was excused.

      The Sergeant at Arms Color Guard, consisting of Pages Riley Steiner and Inigo Esteban, presented the Colors. Reverend Kathryn Everett, pastor of the First United Methodist Church in Olympia, offered the prayer.


MOTION


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


INTRODUCTION AND FIRST READING

 

SB 6862             by Senator Thibaudeau

 

AN ACT Relating to assistive technology; and adding a new chapter to Title 74 RCW.

 

Referred to Committee on Health and Long-Term Care.


MOTION


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


SENATE RESOLUTION 2000-8758


By Senators Swecker, Long Sheldon, T., Spanel, Haugen, Eide, Johnson, Sheldon, B., Bauer, Fraser, Rasmussen and McAuliffe


      WHEREAS, The dedicated men and women who work on our public roads and highways are often put at risk of harm to themselves and their co-workers when flagging, which, even for trained professionals, is the most dangerous activity a worker can do; and

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

      WHEREAS, On February 22, 2000, Sam E. Williams, a Washington State Department of Transportation worker since 1991, was killed after being struck by a car while flagging for a sign installation project on U.S. Highway 12 near Mossyrock, Washington; and

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

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

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

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

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

      BE IT FURTHER RESOLVED, That a copy of this Resolution be immediately transmitted by the Secretary of the Senate to Sam E. Williams’ wife, Belle, and the rest of his family.


      Senators Swecker and Haugen spoke to Senate Resolution 2000-8758.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced members of the family and friends of Sam E. Williams, as well as Secretary of the Department of Transportation Sid Morrison and other Department of Transportation employees, who were seated in the gallery.


MOTION


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


SENATE RESOLUTION 2000-8743


By Senators Fraser, Bauer, Spanel and Rasmussen


      WHEREAS, It is statutory that the second Wednesday in April each year is designated as Washington State Arbor Day; and

      WHEREAS, Arbor Day is a traditional day for the planting of trees and shrubs by citizens in the state of Washington; and

      WHEREAS, Arbor Day has been celebrated in Washington since 1917, when Governor Ernest Lister conducted the first official observance; and



      WHEREAS, Arbor Day focuses community attention on planting trees while educating school children and community groups about the value of trees; and

      WHEREAS, Arbor Day is a symbolic day to recognize the importance of trees and shrubs to the environment, including our neighborhoods and communities and the state’s agricultural and timber-based economy, and the importance of continued regeneration of our renewable resources; and

      WHEREAS, The state of Washington is appropriately called the Evergreen State due to the special significance that trees and other evergreen plants contribute to our jobs, environment, and quality of life of our people; and

      WHEREAS, By observing Arbor Day every year, the citizens of our state can show their appreciation for Washington’s natural resources, the full range of benefits that are provided from trees and shrubs, and the importance of planting trees and shrubs throughout the year; and

      WHEREAS, Arbor Day is a day to recognize our state tree, the Western Hemlock and state flower, the Coast Rhododendron; and

      WHEREAS, Nurseries, orchards, tree farms, public and private forests, and home orchards and gardens all add to the beauty and vigor of our state; and

      WHEREAS, Arbor Day’s theme of “People-Trees-Water -- 2000 -- Parts of the Same System” focuses on protecting and restoring vegetation and trees along streams for salmon and other fish and providing clean water;

      NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate do hereby recognize and honor April 12, 2000, as Arbor Day in the state of Washington, and encourage residents to plant a tree or shrub in celebration of this day.


MOTION


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


SENATE RESOLUTION 2000-8745


By Senators Rasmussen, Bauer, Spanel and Fraser


      WHEREAS, Bruce A. Briggs was a widely loved and respected horticulturist, community leader, and the father of nurseries in Washington State until his sudden death on February 4, 2000; and

      WHEREAS, Bruce A. Briggs was born in Olympia, Washington, graduated from Olympia High School, and converted his family farm into Briggs' Nursery; and

      WHEREAS, Bruce A. Briggs served with distinction in the United States Army as a surgical technician from 1942 to 1945; and

      WHEREAS, Bruce A. Briggs exemplified the best characteristics of energetic hard work, community involvement, and devotion as he made incredible accomplishments throughout his almost eighty years of life; and

      WHEREAS, Bruce A. Briggs left a legacy of philanthropy and goodwill, including the improvement of the Olympia High School track and football field; and

      WHEREAS, Bruce A. Briggs served the community through involvement in about twenty-five community organizations including the Washington State Farm Bureau, the Arbor Day Council, the American Association of Nurserymen, the Horticulture Research Institute, International Plant Propagators, the Washington State Nursery and Landscape Association, and the Washington Park Arboretum; and

      WHEREAS, Bruce A. Briggs served God as a devoted member of the Westminster Presbyterian Church; and

      WHEREAS, Bruce A. Briggs was renowned as a forward-looking diplomat for his friendly ability to bring people together; and

      WHEREAS, Throughout his life, Bruce A. Briggs worked to promote the value of Washington's horticulture industry. Up to the week prior to his passing, he was personally packing Washington nursery plants for display in Japan; and

      WHEREAS, Bruce A. Briggs helped develop national grades and standards, including grades and standards for our state flower, the Rhododendron, that will continue to guide the nursery industry for many years to come; and

      WHEREAS, Bruce A. Briggs was honored for his accomplishments by the Washington Nursery and Landscape Association, the American Nursery and Landscape Association, received the Gold Veitch Memorial Medal from the British Royal Horticulture Association, a Gold Medal from the American Rhododendron Society, the International Award of Honor from the International Plant Propagators' Society, and many other honors and awards; and

      WHEREAS, Bruce A. Briggs will long be remembered for his love, hard work, and contributions to Washington's agriculture and horticulture industries, which has rendered immeasurable benefits to the state, its current and future citizens, and to the entire nation;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize and honor Bruce A. Briggs' life and lifetime of achievements, his contributions and selfless service, and send condolences to his wife Doris Briggs, his sons Gary and Ted Briggs, and his five grandchildren; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Governor of the state of Washington, the Director of the Washington State Department of Agriculture, and to the family of Bruce A. Briggs.


      Senators Rasmussen, Fraser, Betti Sheldon and Oke spoke to Senate Resolution 2000-8745.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and offered condolences to the Bruce A. Briggs family, who were seated in the gallery.


MOTION


      Senator Fraser moved that the following resolution be adopted:





SENATE RESOLUTION 2000-8725


By Senators Fraser, Sheldon, T., Kohl-Welles, Patterson, Snyder, Hale, Spanel, Sheldon, B., Brown, Sheahan, West, McAuliffe, Bauer, Franklin, Thibaudeau, Loveland, Horn, Jacobsen, Shin, and Gardner


      WHEREAS, Jane Jervis has served The Evergreen State College for eight years as President with distinction, integrity, and professionalism; and

      WHEREAS, Under the capable leadership of Dr. Jervis, The Evergreen State College has seen an increase in enrollment from 3,400 to 4,100 students; and

      WHEREAS, Dr. Jervis has been at the helm during Evergreen's reaccreditation process, when the college was recognized as having an intellectual climate "almost unparalleled in higher education"; and

      WHEREAS, Dr. Jervis has led The Evergreen State College as it has become one of the most frequently and highly praised higher education institutions in the nation: Listed among the nation's top 15 percent by the Princeton Review; enjoying an academic reputation unsurpassed by any regional liberal arts college, public or private, in the nation, according to a 1999 U.S. News & World Report survey; and one of the colleges most often recommended by guidance counselors everywhere, according to the 1999 Kaplan National Guidance Counselor Survey; and

      WHEREAS, Dr. Jervis has provided support and inspiration instrumental in extending the influence of the college to the surrounding community, where 50,000 internship hours by students are provided each year to local and state government, businesses, and nonprofit organizations; and

      WHEREAS, Dr. Jervis has earned the esteem of her colleagues for her vast knowledge of higher education issues, steadfast dedication to the improvement of higher education in the state of Washington, and collegiality in working together for the benefit of all citizens in the state of Washington; and

      WHEREAS, Dr. Jervis has encouraged a culture of philanthropy and broadened the base of support for Evergreen, which led to a near tripling of the college's endowment over the past five years and made possible the creation of the Evergreen Fund for Innovation; and

      WHEREAS, Dr. Jervis is widely recognized as a leading advocate for affordable tuition and adequate financial aid to assure that all qualified students have access to college; and

      WHEREAS, Dr. Jervis has earned the respect of the Evergreen community for her unwavering support of the mission of the college, her advocacy of Evergreen as a valuable community partner, and her belief that a liberal arts education provides an excellent foundation for a career; and

      WHEREAS, Dr. Jervis has won the abiding affection of her staff for her ability to develop well-reasoned positions and to effectively and thoroughly communicate issues in a thoughtful manner; and

      WHEREAS, Dr. Jervis's graciousness, sincerity, and devotion will be greatly missed by Evergreen's students, faculty, staff, trustees, alumni, and friends;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor Dr. Jane Jervis for her contributions to The Evergreen State College and the state of Washington; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate’s Office to Dr. Jane Jervis and to The Evergreen State College.


      Senator Roach started to speak to Senate Resolution 2000-8725.


POINT OF ORDER


      Senator Fraser: “A point of order, Mr. President. The purpose of the resolution is to honor the distinguished characteristics of this individual and not to talk about the college generally.”

      Senator Roach continued.


REPLY BY THE PRESIDENT


      President Owen: “Senator Roach, you know the rules and the rules do not allow you to venture away from the issue that we are talking about here.”

      Senator Roach continued to speak to Senate Resolution 2000-8725.


POINT OF ORDER


      Senator Fraser: “A point of order, Mr. President. I believe your prior remarks are appropriate and the speaker is straying from the purpose of the resolution.”

      Senators Thibaudeau, Franklin, Kohl-Welles, Swecker and Prentice spoke to Senate Resolution 2000-8725.


DEMAND FOR THE PREVIOUS QUESTION


      Senators Fraser, Prentice and Wojahn demanded the previous question and the demand was sustained.

      The President declared the question before the Senate to be shall the main question be now put.

      The demand for the previous question carried.

      The President declared the question before the Senate to be the adoption of Senate Resolution 2000-8725.

      The motion by Senator Fraser carried and Senate Resolution 2000-8725 was adopted.




PERSONAL PRIVILEGE


      Senator Hochstatter: “A point of personal privilege. Indeed, it is a great very great honor to be amongst you all and to accept your kindness and to engage in honest debate--not limited to just one side. I really think that the objects of our character are greatly extended--when we extend to one another, the courtesies that allow us to make our point. This is a tense moment for me and I guess I need to sit down. Some people that I love very much here have decided that they really didn’t need to hear my voice. Thank you.”


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced President Jane Jervis and members of the Board of Trustees from The Evergreen State College, who were seated in the gallery.


MOTION


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


SENATE RESOLUTION 2000-8756


By Senator Honeyford


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

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

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

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

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

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

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

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

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

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

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

      BE IT FURTHER RESOLVED, That the Secretary of the Senate immediately transmit copies of this resolution to the school principal, members and coaches of the Zillah State Champion Wrestling Team, and to the Washington Interscholastic Activities Association.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced the Zillah High School State Champion Wrestling Team seated in the gallery.


MOTION


      On motion of Senator Goings, the Senate reverted 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 SUBSTITUTE SENATE BILL NO. 5924 with the following amendment(s):

      On page 7, line 2, after “policy” insert “. One member shall be an individual engaged in mass appraisal whose duties are concerned with ad valorem appraisal management and policy and who is licensed or certified under this chapter”, and the same are herewith transmitted:

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk



MOTION


      On motion of Senator Prentice, the Senate concurred in the House amendment to Substitute Senate Bill No. 5924.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5924, as amended by the House.

 

ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5924, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 2; Excused, 1.

     Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, 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 and Wojahn - 45.

     Voting nay: Senator Zarelli - 1.

     Absent: Senators Benton and Honeyford - 2.

     Excused: Senator Sellar - 1.

      SUBSTITUTE SENATE BILL NO. 5924, 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 Swecker was excused.


MESSAGE FROM THE HOUSE


March 2, 2000

MR. PRESIDENT:


      The House has passed SUBSTITUTE SENATE BILL NO. 6294 with the following amendment(s):

       On page 2, line 11, after “(b)” strike everything down to and including “an” on line 12 and insert “Make recommendations to the legislature on statutory provisions for classifying and regulating”, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk


MOTION


      Senator Jacobsen moved that the Senate concur in the House amendment to Substitute Senate Bill No. 6294.

      Debate ensued.

      The President Pro Tempore 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. 6294.

      The motion by Senator Jacobsen carried and the Senate concurred in the House amendment to Substitute Senate Bill No. 6294.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6294, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6294, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

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

     Absent: Senator Loveland - 1.

     Excused: Senators Sellar and Swecker - 2.

      SUBSTITUTE SENATE BILL NO. 6294, 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 Deccio was excused.


MOTION


      On motion of Senator Eide, Senator Patterson was excused.


MOTION


      On motion of Senator Morton, Senator West was excused.



MESSAGE FROM THE HOUSE

March 1, 2000

MR. PRESIDENT:

      The House has passed ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6731 with the following amendment(s):

      Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The Lake Whatcom landscape management pilot project is created.

       The department of natural resources shall develop a landscape plan regarding state-owned forest lands in the Lake Whatcom watershed area. Where appropriate, the department will consult with other major forest landowners in the watershed and shall involve watershed residents in management activities. The department shall consult with the Lake Whatcom management committee on proposed timber harvest and road management activities. The department shall establish an interjurisdictional committee for the development of the landscape plan, to review the site-specific activities and make recommendations. The interjurisdictional committee shall include two members of the public who have an interest in these activities. The landscape plan shall address at least the following topics:

       (1) Establishing riparian management zones along all streams, as classified under chapter 4, Laws of 1999 sp. sess. The department shall manage lands within such zones to protect water quality and riparian habitat. The interjurisdictional committee may recommend to the department restrictions upon timber harvest and yarding activities on a case-by-case basis;

       (2) Harvest and road construction upon potentially unstable slopes shall be carefully regulated;

       (3) On unstable slopes, new road construction shall be prohibited and old road reconstruction shall be limited;

       (4) A sustained yield model specific to the Lake Whatcom watershed that encompasses the revised management standards and that is consistent with the sustained yield established by the board of natural resources shall be created and implemented;

       (5) The department should build on the existing draft Lake Whatcom landscape plan and incorporate both new information from the community and new scientific information when available; and

       (6) The development of a road management plan for the watershed.

       The landscape plan shall be completed and implementation initiated by June 30, 2001. Timber harvest and all road construction in the watershed on state land shall be delayed until the plan is completed."

       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 Spanel, the Senate concurred in the House amendment to Engrossed Second Substitute Senate Bill No. 6731.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 6731, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6731, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

     Voting yea: Senators Bauer, Benton, Costa, 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, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 44.

     Absent: Senator Brown - 1.

     Excused: Senators Deccio, Patterson, Sellar and West - 4.

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6731, 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 Franklin, Senators Bauer and Fairley were excused.


MESSAGE FROM THE HOUSE

March 3, 2000

MR. PRESIDENT:

      The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6305 with the following amendment(s):

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 11.88.090 and 1999 c 360 s 1 are each amended to read as follows:

       (1) Nothing contained in RCW 11.88.080 through 11.88.120, 11.92.010 through 11.92.040, 11.92.060 through 11.92.120, 11.92.170, and 11.92.180 shall affect or impair the power of any court to appoint a guardian ad litem to defend the interests of any incapacitated person interested in any suit or matter pending therein, or to commence and prosecute any suit in his or her behalf.

       (2) Prior to the appointment of a guardian or a limited guardian, whenever it appears that the incapacitated person or incapacitated person's estate could benefit from mediation and such mediation would likely result in overall reduced costs to the estate, upon the motion of the alleged incapacitated person or the guardian ad litem, or subsequent to such appointment, whenever it appears that the incapacitated person or incapacitated person's estate could benefit from mediation and such mediation would likely result in overall reduced costs to the estate, upon the motion of any interested person, the court may:

       (a) Require any party or other person subject to the jurisdiction of the court to participate in mediation;

       (b) Establish the terms of the mediation; and

       (c) Allocate the cost of the mediation pursuant to RCW 11.96.140.

       (3) Upon receipt of a petition for appointment of guardian or limited guardian, except as provided herein, the court shall appoint a guardian ad litem to represent the best interests of the alleged incapacitated person, who shall be a person found or known by the court to:

       (a) Be free of influence from anyone interested in the result of the proceeding; and

       (b) Have the requisite knowledge, training, or expertise to perform the duties required by this section.

       The guardian ad litem shall within five days of receipt of notice of appointment file with the court and serve, either personally or by certified mail with return receipt, each party with a statement including: His or her training relating to the duties as a guardian ad litem; his or her criminal history as defined in RCW 9.94A.030 for the period covering ten years prior to the appointment; his or her hourly rate, if compensated; whether the guardian ad litem has had any contact with a party to the proceeding prior to his or her appointment; and whether he or she has an apparent conflict of interest. Within three days of the later of the actual service or filing of the guardian ad litem's statement, any party may set a hearing and file and serve a motion for an order to show cause why the guardian ad litem should not be removed for one of the following three reasons: (i) Lack of expertise necessary for the proceeding; (ii) an hourly rate higher than what is reasonable for the particular proceeding; or (iii) a conflict of interest. Notice of the hearing shall be provided to the guardian ad litem and all parties. If, after a hearing, the court enters an order replacing the guardian ad litem, findings shall be included, expressly stating the reasons for the removal. If the guardian ad litem is not removed, the court has the authority to assess to the moving party, attorneys' fees and costs related to the motion. The court shall assess attorneys' fees and costs for frivolous motions.

       No guardian ad litem need be appointed when a parent is petitioning for a guardian or a limited guardian to be appointed for his or her minor child and the minority of the child, as defined by RCW 11.92.010, is the sole basis of the petition. The order appointing the guardian ad litem shall recite the duties set forth in subsection (5) of this section. The appointment of a guardian ad litem shall have no effect on the legal competency of the alleged incapacitated person and shall not overcome the presumption of competency or full legal and civil rights of the alleged incapacitated person.

       (4)(a) The superior court of each county shall develop and maintain a registry of persons who are willing and qualified to serve as guardians ad litem in guardianship matters. The court shall choose as guardian ad litem a person whose name appears on the registry in a system of consistent rotation, except in extraordinary circumstances such as the need for particular expertise. The court shall develop procedures for periodic review of the persons on the registry and for probation, suspension, or removal of persons on the registry for failure to perform properly their duties as guardian ad litem. In the event the court does not select the person next on the list, it shall include in the order of appointment a written reason for its decision.

       (b) To be eligible for the registry a person shall:

       (i) Present a written statement outlining his or her background and qualifications. The background statement shall include, but is not limited to, the following information:

       (A) Level of formal education;

       (B) Training related to the guardian ad litem's duties;

       (C) Number of years' experience as a guardian ad litem;

       (D) Number of appointments as a guardian ad litem and the county or counties of appointment;

       (E) Criminal history, as defined in RCW 9.94A.030; and

       (F) Evidence of the person's knowledge, training, and experience in each of the following: Needs of impaired elderly people, physical disabilities, mental illness, developmental disabilities, and other areas relevant to the needs of incapacitated persons, legal procedure, and the requirements of chapters 11.88 and 11.92 RCW.

       The written statement of qualifications shall include ((a statement of the number of times the guardian ad litem has been removed for failure to perform his or her duties as guardian ad litem)) the names of any counties in which the person was removed from a guardian ad litem registry pursuant to a grievance action, and the name of the court and the cause number of any case in which the court has removed the person for cause; and

       (ii) Complete the ((model)) training ((program)) as described in (((d))) (e) of this subsection. The training is not applicable to guardians ad litem appointed pursuant to special proceeding Rule 98.16W.

       (c) Superior court shall remove any person from the guardian ad litem registry who misrepresents his or her qualifications pursuant to a grievance procedure established by the court.

       (d) The background and qualification information shall be updated annually.

       (((d))) (e) The department of social and health services shall convene an advisory group to develop a model guardian ad litem training program and shall update the program biennially. The advisory group shall consist of representatives from consumer, advocacy, and professional groups knowledgeable in developmental disabilities, neurological impairment, physical disabilities, mental illness, domestic violence, aging, legal, court administration, the Washington state bar association, and other interested parties.

       (((e))) (f) The superior court shall require utilization of the model program developed by the advisory group as described in (((d))) (e) of this subsection, to assure that candidates applying for registration as a qualified guardian ad litem shall have satisfactorily completed training to attain these essential minimum qualifications to act as guardian ad litem.

       (5) The guardian ad litem appointed pursuant to this section shall have the following duties:

       (a) To meet and consult with the alleged incapacitated person as soon as practicable following appointment and explain, in language which such person can reasonably be expected to understand, the substance of the petition, the nature of the resultant proceedings, the person's right to contest the petition, the identification of the proposed guardian or limited guardian, the right to a jury trial on the issue of his or her alleged incapacity, the right to independent legal counsel as provided by RCW 11.88.045, and the right to be present in court at the hearing on the petition;

       (b) To obtain a written report according to RCW 11.88.045; and such other written or oral reports from other qualified professionals as are necessary to permit the guardian ad litem to complete the report required by this section;

       (c) To meet with the person whose appointment is sought as guardian or limited guardian and ascertain:

       (i) The proposed guardian's knowledge of the duties, requirements, and limitations of a guardian; and

       (ii) The steps the proposed guardian intends to take or has taken to identify and meet the needs of the alleged incapacitated person;

       (d) To consult as necessary to complete the investigation and report required by this section with those known relatives, friends, or other persons the guardian ad litem determines have had a significant, continuing interest in the welfare of the alleged incapacitated person;

       (e) To investigate alternate arrangements made, or which might be created, by or on behalf of the alleged incapacitated person, such as revocable or irrevocable trusts, ((or)) durable powers of attorney, or blocked accounts; whether good cause exists for any such arrangements to be discontinued; and why such arrangements should not be continued or created in lieu of a guardianship;

       (f) To provide the court with a written report which shall include the following:

       (i) A description of the nature, cause, and degree of incapacity, and the basis upon which this judgment was made;

       (ii) A description of the needs of the incapacitated person for care and treatment, the probable residential requirements of the alleged incapacitated person and the basis upon which these findings were made;

       (iii) An evaluation of the appropriateness of the guardian or limited guardian whose appointment is sought and a description of the steps the proposed guardian has taken or intends to take to identify and meet current and emerging needs of the incapacitated person;

       (iv) A description of any alternative arrangements previously made by the alleged incapacitated person or which could be made, and whether and to what extent such alternatives should be used in lieu of a guardianship, and if the guardian ad litem is recommending discontinuation of any such arrangements, specific findings as to why such arrangements are contrary to the best interest of the alleged incapacitated person;

       (v) A description of the abilities of the alleged incapacitated person and a recommendation as to whether a guardian or limited guardian should be appointed. If appointment of a limited guardian is recommended, the guardian ad litem shall recommend the specific areas of authority the limited guardian should have and the limitations and disabilities to be placed on the incapacitated person;

       (vi) An evaluation of the person's mental ability to rationally exercise the right to vote and the basis upon which the evaluation is made;

       (vii) Any expression of approval or disapproval made by the alleged incapacitated person concerning the proposed guardian or limited guardian or guardianship or limited guardianship;

       (viii) Identification of persons with significant interest in the welfare of the alleged incapacitated person who should be advised of their right to request special notice of proceedings pursuant to RCW 11.92.150; and

       (ix) Unless independent counsel has appeared for the alleged incapacitated person, an explanation of how the alleged incapacitated person responded to the advice of the right to jury trial, to independent counsel and to be present at the hearing on the petition.

       Within forty-five days after notice of commencement of the guardianship proceeding has been served upon the guardian ad litem, and at least fifteen days before the hearing on the petition, unless an extension or reduction of time has been granted by the court for good cause, the guardian ad litem shall file its report and send a copy to the alleged incapacitated person and his or her counsel, spouse, all children not residing with a notified person, those persons described in (f)(viii) of this subsection, and persons who have filed a request for special notice pursuant to RCW 11.92.150. If the guardian ad litem needs additional time to finalize his or her report, then the guardian ad litem shall petition the court for a postponement of the hearing or, with the consent of all other parties, an extension or reduction of time for filing the report. If the hearing does not occur within sixty days of filing the petition, then upon the two-month anniversary of filing the petition and on or before the same day of each following month until the hearing, the guardian ad litem shall file interim reports summarizing his or her activities on the proceeding during that time period as well as fees and costs incurred;

       (g) To advise the court of the need for appointment of counsel for the alleged incapacitated person within five court days after the meeting described in (a) of this subsection unless (i) counsel has appeared, (ii) the alleged incapacitated person affirmatively communicated a wish not to be represented by counsel after being advised of the right to representation and of the conditions under which court-provided counsel may be available, or (iii) the alleged incapacitated person was unable to communicate at all on the subject, and the guardian ad litem is satisfied that the alleged incapacitated person does not affirmatively desire to be represented by counsel.

       (6) If the petition is brought by an interested person or entity requesting the appointment of some other qualified person or entity and a prospective guardian or limited guardian cannot be found, the court shall order the guardian ad litem to investigate the availability of a possible guardian or limited guardian and to include the findings in a report to the court pursuant to subsection (5)(f) of this section.

       (7) The parties to the proceeding may file responses to the guardian ad litem report with the court and deliver such responses to the other parties and the guardian ad litem at any time up to the second day prior to the hearing. If a guardian ad litem fails to file his or her report in a timely manner, the hearing shall be continued to give the court and the parties at least fifteen days before the hearing to review the report. At any time during the proceeding upon motion of any party or on the court's own motion, the court may remove the guardian ad litem for failure to perform his or her duties as specified in this chapter, provided that the guardian ad litem shall have five days' notice of any motion to remove before the court enters such order. In addition, the court in its discretion may reduce a guardian ad litem's fee for failure to carry out his or her duties.

       (8) The court appointed guardian ad litem shall have the authority, in the event that the alleged incapacitated person is in need of emergency life-saving medical services, and is unable to consent to such medical services due to incapacity pending the hearing on the petition to give consent for such emergency life-saving medical services on behalf of the alleged incapacitated person.

       (9) The court-appointed guardian ad litem shall have the authority to move for temporary relief under chapter 7.40 RCW to protect the alleged incapacitated person from abuse, neglect, abandonment, or exploitation, as those terms are defined in RCW 74.34.020, or to address any other emergency needs of the alleged incapacitated person. Any alternative arrangement executed before filing the petition for guardianship shall remain effective unless the court grants the relief requested under chapter 7.40 RCW, or unless, following notice and a hearing at which all parties directly affected by the arrangement are present, the court finds that the alternative arrangement should not remain effective.

       (10) The guardian ad litem shall receive a fee determined by the court. The fee shall be charged to the alleged incapacitated person unless the court finds that such payment would result in substantial hardship upon such person, in which case the county shall be responsible for such costs: PROVIDED, That ((if no guardian or limited guardian is appointed)) the court may charge such fee to the petitioner ((or)), the alleged incapacitated person, or ((divide)) any person who has appeared in the action; or may allocate the fee, as it deems just((; and)). If the petition is found to be frivolous or not brought in good faith, the guardian ad litem fee shall be charged to the petitioner. The court shall not be required to provide for the payment of a fee to any salaried employee of a public agency.

       (11) Upon the presentation of the guardian ad litem report and the entry of an order either dismissing the petition for appointment of guardian or limited guardian or appointing a guardian or limited guardian, the guardian ad litem shall be dismissed and shall have no further duties or obligations unless otherwise ordered by the court. If the court orders the guardian ad litem to perform further duties or obligations, they shall not be performed at county expense.

       (12) The guardian ad litem shall appear in person at all hearings on the petition unless all parties provide a written waiver of the requirement to appear.

       (13) At any hearing the court may consider whether any person who makes decisions regarding the alleged incapacitated person or estate has breached a statutory or fiduciary duty.

       Sec. 2. RCW 13.34.100 and 1996 c 249 s 13 are each amended to read as follows:

       (1) The court shall appoint a guardian ad litem for a child who is the subject of an action under this chapter, unless a court for good cause finds the appointment unnecessary. The requirement of a guardian ad litem may be deemed satisfied if the child is represented by independent counsel in the proceedings.

       (2) If the court does not have available to it a guardian ad litem program with a sufficient number of volunteers, the court may appoint a suitable person to act as guardian ad litem for the child under this chapter. Another party to the proceeding or the party's employee or representative shall not be so appointed.

       (3) Each guardian ad litem program shall maintain a background information record for each guardian ad litem in the program. The background file shall include, but is not limited to, the following information:

       (a) Level of formal education;

       (b) Training related to the guardian's duties;

       (c) Number of years' experience as a guardian ad litem;

       (d) Number of appointments as a guardian ad litem and the county or counties of appointment; ((and))

       (e) The names of any counties in which the person was removed from a guardian ad litem registry pursuant to a grievance action, and the name of the court and the cause number of any case in which the court has removed the person for cause; and

       (f) Criminal history, as defined in RCW 9.94A.030.

       The background information report shall be updated annually. As a condition of appointment, the guardian ad litem's background information record shall be made available to the court. If the appointed guardian ad litem is not a member of a guardian ad litem program the person shall provide the background information to the court.

       Upon appointment, the guardian ad litem, or guardian ad litem program, shall provide the parties or their attorneys with a statement containing: His or her training relating to the duties as a guardian ad litem; the name of any counties in which the person was removed from a guardian ad litem registry pursuant to a grievance action, and the name of the court and the cause number of any case in which the court has removed the person for cause; and his or her criminal history as defined in RCW 9.94A.030 for the period covering ten years prior to the appointment. The background statement shall not include identifying information that may be used to harm a guardian ad litem, such as home addresses and home telephone numbers, and for volunteer guardians ad litem the court may allow the use of maiden names or pseudonyms as necessary for their safety.

       (4) The appointment of the guardian ad litem shall remain in effect until the court discharges the appointment or no longer has jurisdiction, whichever comes first. The guardian ad litem may also be discharged upon entry of an order of guardianship.

       (5) A guardian ad litem through counsel, or as otherwise authorized by the court, shall have the right to present evidence, examine and cross-examine witnesses, and to be present at all hearings. A guardian ad litem shall receive copies of all pleadings and other documents filed or submitted to the court, and notice of all hearings according to court rules. The guardian ad litem shall receive all notice contemplated for a parent or other party in all proceedings under this chapter.

       (6) If the child requests legal counsel and is age twelve or older, or if the guardian ad litem or the court determines that the child needs to be independently represented by counsel, the court may appoint an attorney to represent the child's position.

       (7) For the purposes of child abuse prevention and treatment act (42 U.S.C. Secs. 5101 et seq.) grants to this state under P.L. 93-247, or any related state or federal legislation, a person appointed pursuant to RCW 13.34.100 shall be deemed a guardian ad litem to represent the best interests of the minor in proceedings before the court.

       (8) When a court-appointed special advocate or volunteer guardian ad litem is requested on a case, the program shall give the court the name of the person it recommends and the appointment shall be effective immediately. The court shall appoint the person recommended by the program. If a party in a case reasonably believes the court-appointed special advocate or volunteer is inappropriate or unqualified, the party may request a review of the appointment by the program. The program must complete the review within five judicial days and remove any appointee for good cause. If the party seeking the review is not satisfied with the outcome of the review, the party may file a motion with the court for the removal of the court-appointed special advocate on the grounds the advocate or volunteer is inappropriate or unqualified.

       Sec. 3. RCW 13.34.102 and 1997 c 41 s 6 are each amended to read as follows:

       (1) All guardians ad litem((, who have not previously served or been trained as a guardian ad litem in this state, who are appointed after January 1, 1998,)) must ((complete the curriculum developed by the office of the administrator for the courts)) comply with the training requirements established under RCW 2.56.030(15), prior to their appointment in cases under Title 13 RCW, except that volunteer guardians ad litem or court-appointed special advocates ((accepted into a volunteer program after January 1, 1998,)) may ((complete an)) comply with alternative ((curriculum)) training requirements approved by the office of the administrator for the courts that meet((s)) or exceed((s)) the state-wide ((curriculum)) requirements.

       (2)(a) Each guardian ad litem program for compensated guardians ad litem shall establish a rotational registry system for the appointment of guardians ad litem. If a judicial district does not have a program the court shall establish the rotational registry system. Guardians ad litem shall be selected from the registry except in exceptional circumstances as determined and documented by the court. The parties may make a joint recommendation for the appointment of a guardian ad litem from the registry.

       (b) In judicial districts with a population over one hundred thousand, a list of three names shall be selected from the registry and given to the parties along with the background information as specified in RCW 13.34.100(3), including their hourly rate for services. Each party may, within three judicial days, strike one name from the list. If more than one name remains on the list, the court shall make the appointment from the names on the list. In the event all three names are stricken the person whose name appears next on the registry shall be appointed.

       (c) If a party reasonably believes that the appointed guardian ad litem lacks the necessary expertise for the proceeding, charges an hourly rate higher than what is reasonable for the particular proceeding, or has a conflict of interest, the party may, within three judicial days from the appointment, move for substitution of the appointed guardian ad litem by filing a motion with the court.

       (d) The superior court shall remove any person from the guardian ad litem registry who misrepresents his or her qualifications pursuant to a grievance procedure established by the court.

       (3) The rotational registry system shall not apply to court-appointed special advocate programs.

       Sec. 4. RCW 13.34.105 and 1999 c 390 s 2 are each amended to read as follows:

       (1) Unless otherwise directed by the court, the duties of the guardian ad litem include but are not limited to the following:

       (a) To ((represent)) investigate, collect relevant information about the child's situation, and ((be an advocate for)) report to the court factual information regarding the best interests of the child;

       (b) ((To collect relevant information about the child's situation;

       (c))) To monitor all court orders for compliance and to bring to the court's attention any change in circumstances that may require a modification of the court's order; ((and

       (d))) (c) To report to the court information on the legal status of a child's membership in any Indian tribe or band;

       (d) Court-appointed special advocates and guardians ad litem may make recommendations based upon an independent investigation regarding the best interests of the child, which the court may consider and weigh in conjunction with the recommendations of all of the parties; and

       (e) To represent and be an advocate for the best interests of the child.

       (2) ((The)) A guardian ad litem shall be deemed an officer of the court for the purpose of immunity from civil liability.

       (3) Except for information or records specified in RCW 13.50.100(5), the guardian ad litem shall have access to all information available to the state or agency on the case. Upon presentation of the order of appointment by the guardian ad litem, any agency, hospital, school organization, division or department of the state, doctor, nurse, or other health care provider, psychologist, psychiatrist, police department, or mental health clinic shall permit the guardian ad litem to inspect and copy any records relating to the child or children involved in the case, without the consent of the parent or guardian of the child, or of the child if the child is under the age of thirteen years, unless such access is otherwise specifically prohibited by law.

       (4) A guardian ad litem may release confidential information, records, and reports to the office of the family and children's ombudsman for the purposes of carrying out its duties under chapter 43.06A RCW.

       (5) The guardian ad litem shall release case information in accordance with the provisions of RCW 13.50.100.

       Sec. 5. 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 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 office. 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.

       (3)(a) The guardian ad litem or court-appointed special advocate shall file his or her report with the court and with the parties pursuant to court rule prior to a hearing for which a report is required. The report shall include a written list of persons interviewed and reports or documentation considered. If the report makes particular recommendations, the report shall include specific information on which the guardian ad litem or court-appointed special advocate relied in making each particular recommendation.

       (b) The parties to the proceeding may file written responses to the guardian ad litem's or court-appointed special advocate's report with the court and deliver such responses to the other parties at a reasonable time or pursuant to court rule before the hearing. The court shall consider any written responses to the guardian ad litem's or court-appointed special advocate's report, including any factual information or recommendations provided in the report.

       Sec. 6. RCW 26.12.175 and 1996 c 249 s 15 are each amended to read as follows:

       (1)(a) The court may appoint a guardian ad litem to represent the interests of a minor or dependent child when the court believes the appointment of a guardian ad litem is necessary to protect the best interests of the child in any proceeding under this chapter. The family court services professionals may also make a recommendation to the court regarding whether a guardian ad litem should be appointed for the child. The court may appoint a guardian ad litem from the court-appointed special advocate program, if that program exists in the county.

       (b) Unless otherwise ordered, the guardian ad litem's role is to investigate and report factual information to the court concerning parenting arrangements for the child, and to represent the child's best interests. Guardians ad litem and investigators under this title may make recommendations based upon an independent investigation regarding the best interests of the child, which the court may consider and weigh in conjunction with the recommendations of all of the parties. If a child expresses a preference regarding the parenting plan, the guardian ad litem shall report the preferences to the court, together with the facts relative to whether any preferences are being expressed voluntarily and the degree of the child's understanding. The court may require the guardian ad litem to provide periodic reports to the parties regarding the status of his or her investigation. The guardian ad litem shall file his or her report at least sixty days prior to trial.

       (c) The parties to the proceeding may file with the court written responses to any report filed by the guardian ad litem or investigator. The court shall consider any written responses to a report filed by the guardian ad litem or investigator, including any factual information or recommendations provided in the report.

       (d) The court shall enter an order for costs, fees, and disbursements to cover the costs of the guardian ad litem. The court may order either or both parents to pay for the costs of the guardian ad litem, according to their ability to pay. If both parents are indigent, the county shall bear the cost of the guardian, subject to appropriation for guardians' ad litem services by the county legislative authority. Guardians ad litem who are not volunteers shall provide the parties with an itemized accounting of their time and billing for services each month.

       (2)(a) If the guardian ad litem appointed is from the county court-appointed special advocate program, the program shall supervise any guardian ad litem assigned to the case. The court-appointed special advocate program shall be entitled to notice of all proceedings in the case.

       (b) The legislative authority of each county may authorize creation of a court-appointed special advocate program. The county legislative authority may adopt rules of eligibility for court-appointed special advocate program services.

       (3) Each guardian ad litem program shall maintain a background information record for each guardian ad litem in the program. The background file shall include, but is not limited to, the following information:

       (a) Level of formal education;

       (b) Training related to the guardian's duties;

       (c) Number of years' experience as a guardian ad litem;

       (d) Number of appointments as a guardian ad litem and county or counties of appointment; ((and))

       (e) The names of any counties in which the person was removed from a guardian ad litem registry pursuant to a grievance action, and the name of the court and the cause number of any case in which the court has removed the person for cause; and

       (f) Criminal history, as defined in RCW 9.94A.030.

       The background information report shall be updated annually. As a condition of appointment, the guardian ad litem's background information record shall be made available to the court. If the appointed guardian ad litem is not a member of a guardian ad litem program the person shall provide the background information to the court.

       Upon appointment, the guardian ad litem, or guardian ad litem program, shall provide the parties or their attorneys with a statement containing: His or her training relating to the duties as a guardian ad litem; the name of any counties in which the person was removed from a guardian ad litem registry pursuant to a grievance action, and the name of the court and the cause number of any case in which the court has removed the person for cause; and his or her criminal history as defined in RCW 9.94A.030 for the period covering ten years prior to the appointment. The background statement shall not include identifying information that may be used to harm a guardian ad litem, such as home addresses and home telephone numbers, and for volunteer guardians ad litem the court may allow the use of maiden names or pseudonyms as necessary for their safety.

       (4) When a court-appointed special advocate or volunteer guardian ad litem is requested on a case, the program shall give the court the name of the person it recommends and the appointment shall be effective immediately. The court shall appoint the person recommended by the program. If a party in a case reasonably believes the court-appointed special advocate or volunteer is inappropriate or unqualified, the party may request a review of the appointment by the program. The program must complete the review within five judicial days and remove any appointee for good cause. If the party seeking the review is not satisfied with the outcome of the review, the party may file a motion with the court for the removal of the court-appointed special advocate on the grounds the advocate or volunteer is inappropriate or unqualified.

       Sec. 7. RCW 26.12.177 and 1997 c 41 s 7 are each amended to read as follows:

       (1) All guardians ad litem((, who have not previously served or been trained as a guardian ad litem in this state, who are appointed after January 1, 1998,)) and investigators appointed under this title must ((complete the curriculum developed by the office of the administrator for the courts)) comply with the training requirements established under RCW 2.56.030(15), prior to their appointment in cases under Title 26 RCW, except that volunteer guardians ad litem or court-appointed special advocates ((accepted into a volunteer program after January 1, 1998,)) may ((complete an)) comply with alternative ((curriculum)) training requirements approved by the office of the administrator for the courts that meet((s)) or exceed((s)) the state-wide ((curriculum)) requirements.

       (2)(a) Each guardian ad litem program for compensated guardians ad litem shall establish a rotational registry system for the appointment of guardians ad litem and investigators under this title. If a judicial district does not have a program the court shall establish the rotational registry system. Guardians ad litem and investigators under this title shall be selected from the registry except in exceptional circumstances as determined and documented by the court. The parties may make a joint recommendation for the appointment of a guardian ad litem from the registry.

       (b) In judicial districts with a population over one hundred thousand, a list of three names shall be selected from the registry and given to the parties along with the background information as specified in RCW 26.12.175(3), including their hourly rate for services. Each party may, within three judicial days, strike one name from the list. If more than one name remains on the list, the court shall make the appointment from the names on the list. In the event all three names are stricken the person whose name appears next on the registry shall be appointed.

       (c) If a party reasonably believes that the appointed guardian ad litem lacks the necessary expertise for the proceeding, charges an hourly rate higher than what is reasonable for the particular proceeding, or has a conflict of interest, the party may, within three judicial days from the appointment, move for substitution of the appointed guardian ad litem by filing a motion with the court.

       (d) Under this section, within either registry referred to in (a) of this subsection, a subregistry may be created that consists of guardians ad litem under contract with the department of social and health services' division of child support. Guardians ad litem on such a subregistry shall be selected and appointed in state-initiated paternity cases only.

       (e) The superior court shall remove any person from the guardian ad litem registry who misrepresents his or her qualifications pursuant to a grievance procedure established by the court.

       (3) The rotational registry system shall not apply to court-appointed special advocate programs.

       NEW SECTION. Sec. 8. A new section is added to chapter 26.12 RCW to read as follows:

       All information, records, and reports obtained or created by a guardian ad litem, court-appointed special advocate, or investigator under this title shall be discoverable pursuant to statute and court rule. The guardian ad litem, court-appointed special advocate, or investigator shall not release private or confidential information to any nonparty except pursuant to a court order signed by a judge. The guardian ad litem, court-appointed special advocate, or investigator may share private or confidential information with experts or staff he or she has retained as necessary to perform the duties of guardian ad litem, court-appointed special advocate, or investigator. Any expert or staff retained are subject to the confidentiality rules governing the guardian ad litem, court-appointed special advocate, or investigator. Nothing in this section shall be interpreted to authorize disclosure of guardian ad litem records in personal injury actions.

       Sec. 9. RCW 26.12.185 and 1999 c 390 s 4 are each amended to read as follows:

       A guardian ad litem, court-appointed special advocate, or investigator under this title appointed under this chapter may release confidential information, records, and reports to the office of the family and children's ombudsman for the purposes of carrying out its duties under chapter 43.06A RCW.

       NEW SECTION. Sec. 10. A new section is added to chapter 11.88 RCW to read as follows:

       A guardian ad litem shall not engage in ex parte communications with any judicial officer involved in the matter for which he or she is appointed during the pendency of the proceeding, except as permitted by court rule or statute for ex parte motions. Ex parte motions shall be heard in open court on the record. The record may be preserved in a manner deemed appropriate by the county where the matter is heard. The court, upon its own motion, or upon the motion of a party, may consider the removal of any guardian ad litem who violates this section from any pending case or from any court-authorized registry, and if so removed may require forfeiture of any fees for professional services on the pending case.

       NEW SECTION. Sec. 11. A new section is added to chapter 13.34 RCW to read as follows:

       A guardian ad litem or court-appointed special advocate shall not engage in ex parte communications with any judicial officer involved in the matter for which he or she is appointed during the pendency of the proceeding, except as permitted by court rule or statute for ex parte motions. Ex parte motions shall be heard in open court on the record. The record may be preserved in a manner deemed appropriate by the county where the matter is heard. The court, upon its own motion, or upon the motion of a party, may consider the removal of any guardian ad litem or court-appointed special advocate who violates this section from any pending case or from any court-authorized registry, and if so removed may require forfeiture of any fees for professional services on the pending case.

       NEW SECTION. Sec. 12. A new section is added to chapter 26.12 RCW to read as follows:

       A guardian ad litem, court-appointed special advocate, or investigator shall not engage in ex parte communications with any judicial officer involved in the matter for which he or she is appointed during the pendency of the proceeding, except as permitted by court rule or statute for ex parte motions. Ex parte motions shall be heard in open court on the record. The record may be preserved in a manner deemed appropriate by the county where the matter is heard. The court, upon its own motion, or upon the motion of a party, may consider the removal of any guardian ad litem, court-appointed special advocate, or investigator who violates this section from any pending case or from any court-authorized registry, and if so removed may require forfeiture of any fees for professional services on the pending case.

       NEW SECTION. Sec. 13. A new section is added to chapter 11.88 RCW to read as follows:

       The court shall specify the hourly rate the guardian ad litem may charge for his or her services, and shall specify the maximum amount the guardian ad litem may charge without additional court review and approval. The court shall specify rates and fees in the order of appointment or at the earliest date the court is able to determine the appropriate rates and fees and prior to the guardian ad litem billing for his or her services. This section shall apply except as provided by local court rule.

       NEW SECTION. Sec. 14. A new section is added to chapter 13.34 RCW to read as follows:

       The court shall specify the hourly rate the guardian ad litem may charge for his or her services, and shall specify the maximum amount the guardian ad litem may charge without additional court review and approval. The court shall specify rates and fees in the order of appointment or at the earliest date the court is able to determine the appropriate rates and fees and prior to the guardian ad litem billing for his or her services. This section shall apply except as provided by local court rule.

       NEW SECTION. Sec. 15. A new section is added to chapter 26.12 RCW to read as follows:

       Except for guardians ad litem appointed by the court from the subregistry created under RCW 26.12.177(2)(d), the court shall specify the hourly rate the guardian ad litem or investigator under this title may charge for his or her services, and shall specify the maximum amount the guardian ad litem or investigator under this title may charge without additional court review and approval. The court shall specify rates and fees in the order of appointment or at the earliest date the court is able to determine the appropriate rates and fees and prior to the guardian ad litem billing for his or her services. This section shall apply except as provided by local court rule.

       NEW SECTION. Sec. 16. Each superior court shall adopt rules establishing and governing procedures for filing, investigating, and adjudicating grievances made by or against guardians ad litem under Titles 11, 13, and 26 RCW."

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

CYNTHIA ZEHNDER, Co-Chief Clerk 

TIMOTHY A. MARTIN, Co-Chief Clerk


MOTION


      Senator Hargrove moved that the Senate concur in the House amendment to Engrossed Substitute Senate Bill No. 6305.


POINT OF INQUIRY


      Senator Hargrove: “Senator Franklin, the requirement that the GAL’s fees be set by the court was amended in the House, adding an exception for local court rules. Why is an exception needed for local court rules?”

      Senator Franklin: “Each county has its own registry and sometimes multiple registries for different kinds of Guardians ad Litem appointed in cases. The local jurisdiction needs to be able to set fees according to the kind of Guardians ad Litem appointed. Some registries have Guardians ad Litem on contract with the state, and their fees cannot be set higher by the court without disrupting agency budgets.”

      Senator Hargrove: “Then, the intent of the amendment is to avoid disrupting contracts that cap fees? May each county develop its own rules that provide more protection to a minor or incapacitated person from excessive fees and costs than would be covered by the statutory provision?”

      Senator Franklin: “That’s correct. The local jurisdiction could not have a rule that precluded court review of fees or that violated the policy set forth in statute that fees shall be limited before they are incurred. The legislative intent is to prevent excessive fees.”

      Senator Hargrove: “Thank you very much.”

      Further debate ensued.

      The President Pro Tempore declared the question before the Senate to be the motion by Senator Hargrove that the Senate concur in the House amendment to Engrossed Substitute Senate Bill No. 6305.

      The motion by Senator Hargrove carried and the Senate concurred in the House amendment to Engrossed Substitute Senate Bill No. 6305.

      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. 6305, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6305, 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 Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 44.

     Excused: Senators Bauer, Fairley, Patterson, Sellar and West - 5.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6305, 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 eighth order of business.


MOTION


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


SENATE RESOLUTION 2000-8752

By Senators McAuliffe, Fraser and Rasmussen

 

      WHEREAS, It is important to foster interest in government in young people who have so much to say and share with adults; and

      WHEREAS, Encouraging young people to participate in the democratic process and make their opinions heard, helps to ensure that government pays greater attention to the critical issues that directly affect young people; and

      WHEREAS, the Youth Count Council from the First Legislative District is one such youth involvement group whose participants include ten caring young adults interested in contributing to their communities and making a difference; and

      WHEREAS, representatives from the Kenmore Boys and Girls Club, an agency dedicated to helping young people, worked with the Youth Count Council throughout the legislative session; and

      WHEREAS, the Youth Count Council brought their valuable opinions and those of their peers to legislators this session on such issues as teen driving, school safety, bone marrow donation, and after-school programs; and

      WHEREAS, legislators concerned with education can learn volumes from the very people who are in the school building each and every day; and

      WHEREAS, the teenagers further can inspire and inform us as legislators by their calls for expanded school programs on cultural awareness and diversity; and

      WHEREAS, because in their words, such programs would “improve human relations, help students understand one another better, and open up the world”;

      NOW, THEREFORE, BE IT RESOLVED, that the Washington State Senate do hereby recognize the contributions of the Youth Count Council and the many other young people in Washington who take an active role in working to make government better respond to the needs of all of its citizen -- no matter what their age; and

      BE IT FURTHER RESOLVED, that copies of this resolution be immediately transmitted to the Kenmore Boys and Girls Club and the members of the First Legislative District Youth Count Council.


      Senators McAuliffe and Costa spoke to Senate Resolution 2000-8752.


INTRODUCTION OF SPECIAL GUESTS


      The President Pro Tempore introduced the members of the Kenmore Boys and Girls Club and the First Legislative District Youth Count Council members, who were 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 SUBSTITUTE SENATE BILL NO. 6361 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 72.40 RCW to read as follows:

       The state school for the deaf and the state school for the blind shall promote the personal safety of students and protect the children who attend from child abuse and neglect as defined in RCW 26.44.020.

       NEW SECTION. Sec. 2. A new section is added to chapter 72.40 RCW to read as follows:

       The superintendents of the state school for the deaf and the state school for the blind or their designees shall immediately report to the persons indicated the following events:

       (1) To the child's parent, custodian, or guardian:

       (a) The death of the child;

       (b) Hospitalization of a child in attendance or residence at the school;

       (c) Allegations of child abuse or neglect in which the parent's child in attendance or residence at the school is the alleged victim;

       (d) Allegations of physical or sexual abuse in which the parent's child in attendance or residence at the school is the alleged perpetrator;

       (e) Life-threatening illness;

       (f) The attendance at the school of any child who is a registered sex offender under RCW 9A.44.130 as permitted by RCW 4.24.550.

       (2) Notification to the parent shall be made by the means most likely to be received by the parent. If initial notification is made by telephone, such notification shall be followed by notification in writing within forty-eight hours after the initial oral contact is made.

       NEW SECTION. Sec. 3. A new section is added to chapter 72.40 RCW to read as follows:

       (1) The superintendents of the state school for the deaf and the state school for the blind shall maintain in writing and implement behavior management policies and procedures that accomplish the following:

       (a) Support the child's appropriate social behavior, self-control, and the rights of others;

       (b) Foster dignity and self-respect for the child;

       (c) Reflect the ages and developmental levels of children in care.

       (2) The state school for the deaf and the state school for the blind shall use proactive, positive behavior support techniques to manage potential child behavior problems. These techniques shall include but not be limited to:

       (a) Organization of the physical environment and staffing patterns to reduce factors leading to behavior incidents;

       (b) Intervention before behavior becomes disruptive, in the least invasive and least restrictive manner available;

       (c) Emphasis on verbal deescalation to calm the upset child;

       (d) Redirection strategies to present the child with alternative resolution choices.

       NEW SECTION. Sec. 4. A new section is added to chapter 72.40 RCW to read as follows:

       (1) The state school for the deaf and the state school for the blind shall ensure that all staff, within two months of beginning employment, complete a minimum of fifteen hours of job orientation which shall include, but is not limited to, presentation of the standard operating procedures manual for each school, describing all policies and procedures specific to the school.

       (2) The state school for the deaf and the state school for the blind shall ensure that all new staff receive thirty-two hours of job specific training within ninety days of employment which shall include, but is not limited to, promoting and protecting student personal safety. All staff shall receive thirty-two hours of ongoing training in these areas every two years.

       NEW SECTION. Sec. 5. A new section is added to chapter 72.40 RCW to read as follows:

       The residential program at the state school for the deaf and the state school for the blind shall employ residential staff in sufficient numbers to ensure the physical and emotional needs of the residents are met. Residential staff shall be on duty in sufficient numbers to ensure the safety of the children residing there.

       For purposes of this section, "residential staff" means staff in charge of supervising the day-to-day living situation of the children in the residential portion of the schools.

       NEW SECTION. Sec. 6. A new section is added to chapter 72.40 RCW to read as follows:

       In addition to the powers and duties under RCW 72.40.022 and 72.40.024, the superintendents of the state school for the deaf and the state school for the blind shall:

       (1) Develop written procedures for the supervision of employees and volunteers who have the potential for contact with students. Such procedures shall be designed to prevent child abuse and neglect by providing for adequate supervision of such employees and volunteers, taking into consideration such factors as the student population served, architectural factors, and the size of the facility. Such procedures shall include, but need not be limited to, the following:

       (a) Staffing patterns and the rationale for such;

       (b) Responsibilities of supervisors;

       (c) The method by which staff and volunteers are made aware of the identity of all supervisors, including designated on-site supervisors;

       (d) Provision of written supervisory guidelines to employees and volunteers;

       (e) Periodic supervisory conferences for employees and volunteers; and

       (f) Written performance evaluations of staff to be conducted by supervisors in a manner consistent with applicable provisions of the civil service law.

       (2) Develop written procedures for the protection of students when there is reason to believe an incident has occurred which would render a child student an abused or neglected child within the meaning of RCW 26.44.020. Such procedures shall include, but need not be limited to, the following:

       (a) Investigation. Immediately upon notification that a report of child abuse or neglect has been made to the department of social and health services or a law enforcement agency, the superintendent shall:

       (i) Preserve any potential evidence through such actions as securing the area where suspected abuse or neglect occurred;

       (ii) Obtain proper and prompt medical evaluation and treatment, as needed, with documentation of any evidence of abuse or neglect; and

       (iii) Provide necessary assistance to the department of social and health services and local law enforcement in their investigations;

       (b) Safety. Upon notification that a report of suspected child abuse or neglect has been made to the department of social and health services or a law enforcement agency, the superintendent or his or her designee, with consideration for causing as little disruption as possible to the daily routines of the students, shall evaluate the situation and immediately take appropriate action to assure the health and safety of the students involved in the report and of any other students similarly situated, and take such additional action as is necessary to prevent future acts of abuse or neglect. Such action may include:

       (i) Consistent with federal and state law:

       (A) Removing the alleged perpetrator from the school;

       (B) Increasing the degree of supervision of the alleged perpetrator; and

       (C) Initiating appropriate disciplinary action against the alleged perpetrator;

       (ii) Provision of increased training and increased supervision to volunteers and staff pertinent to the prevention and remediation of abuse and neglect;

       (iii) Temporary removal of the students from a program and reassignment of the students within the school, as an emergency measure, if it is determined that there is a risk to the health or safety of such students in remaining in that program. Whenever a student is removed, pursuant to this subsection (2)(b)(iii), from a special education program or service specified in his or her individualized education program, the action shall be reviewed in an individualized education program meeting; and

       (iv) Provision of counseling to the students involved in the report or any other students, as appropriate;

       (c) Corrective action plans. Upon receipt of the results of an investigation by the department of social and health services pursuant to a report of suspected child abuse or neglect, the superintendent, after consideration of any recommendations by the department of social and health services for preventive and remedial action, shall implement a written plan of action designed to assure the continued health and safety of students and to provide for the prevention of future acts of abuse or neglect.

       NEW SECTION. Sec. 7. A new section is added to chapter 72.40 RCW to read as follows:

       In consideration of the needs and circumstances of the program, the state school for the deaf and the state school for the blind shall provide instruction to all students in techniques and procedures which will enable the students to protect themselves from abuse and neglect. Such instruction shall be described in a written plan to be submitted to the board of trustees for review and approval, and shall be:

       (1) Appropriate for the age, individual needs, and particular circumstances of students, including the existence of mental, physical, emotional, or sensory disabilities;

       (2) Provided at different times throughout the year in a manner which will ensure that all students receive such instruction; and

       (3) Provided by individuals who possess appropriate knowledge and training, documentation of which shall be maintained by the school.

       Sec. 8. RCW 72.40.040 and 1993 c 147 s 3 are each amended to read as follows:

       (1) The schools shall be free to residents of the state between the ages of three and twenty-one years, who are blind/visually impaired or deaf/hearing impaired, or with other disabilities where a vision or hearing disability is the major need for services.

       (2) The schools may provide nonresidential services to children ages birth through three who meet the eligibility criteria in this section, subject to available funding.

       (3) Each school shall admit and retain students on a space available basis according to criteria developed and published by each school superintendent in consultation with each board of trustees and school faculty: PROVIDED, That students over the age of twenty-one years, who are otherwise qualified may be retained at the school, if in the discretion of the superintendent in consultation with the faculty they are proper persons to receive further training given at the school and the facilities are adequate for proper care, education, and training.

       (4) The admission and retention criteria developed and published by each school superintendent shall contain a provision allowing the schools to refuse to admit or retain a student who is an adjudicated sex offender except that the schools shall not admit or retain a student who is an adjudicated level III sex offender as provided in RCW 13.40.217(3).

       Sec. 9. RCW 72.40.050 and 1985 c 378 s 20 are each amended to read as follows:

       (1) The superintendents may admit to their respective schools visually or hearing impaired children from other states as appropriate, but the parents or guardians of such children or other state will be required to pay annually or quarterly in advance a sufficient amount to cover the cost of maintaining and educating such children as set by the applicable superintendent.

       (2) The admission and retention criteria developed and published by each school superintendent shall contain a provision allowing the schools to refuse to admit or retain a nonresident student who is an adjudicated sex offender, or the equivalent under the laws of the state in which the student resides, except that the schools shall not admit or retain a nonresident student who is an adjudicated level III sex offender or the equivalent under the laws of the state in which the student resides.

       NEW SECTION. Sec. 10. A new section is added to chapter 72.40 RCW to read as follows:

       (1) The schools shall implement a policy for the children who reside at the schools protecting those who are vulnerable to sexual victimization by other children who are sexually aggressive and residing at the schools. The policy shall include, at a minimum, the following elements:

       (a) Development and use of an assessment process for identifying children, within thirty days of beginning residence at the schools, who present a moderate or high risk of sexually aggressive behavior for the purposes of this section. The assessment process need not require that every child who is adjudicated or convicted of a sex offense as defined in RCW 9.94A.030 be determined to be sexually aggressive, nor shall a sex offense adjudication or conviction be required in order to determine a child is sexually aggressive. Instead, the assessment process shall consider the individual circumstances of the child, including his or her age, physical size, sexual abuse history, mental and emotional condition, and other factors relevant to sexual aggressiveness. The definition of "sexually aggressive youth" in RCW 74.13.075 does not apply to this section to the extent that it conflicts with this section;

       (b) Development and use of an assessment process for identifying children, within thirty days of beginning residence at the schools, who may be vulnerable to victimization by children identified under (a) of this subsection as presenting a moderate or high risk of sexually aggressive behavior. The assessment process shall consider the individual circumstances of the child, including his or her age, physical size, sexual abuse history, mental and emotional condition, and other factors relevant to vulnerability;

       (c) Development and use of placement criteria to avoid assigning children who present a moderate or high risk of sexually aggressive behavior to the same sleeping quarters as children assessed as vulnerable to sexual victimization, except that they may be assigned to the same multiple-person sleeping quarters if those sleeping quarters are regularly monitored by visual surveillance equipment or staff checks;

       (d) Development and use of procedures for minimizing, within available funds, unsupervised contact in the residential facilities of the schools between children presenting moderate to high risk of sexually aggressive behavior and children assessed as vulnerable to sexual victimization. The procedures shall include taking reasonable steps to prohibit any child residing at the schools who present a moderate to high risk of sexually aggressive behavior from entering any sleeping quarters other than the one to which they are assigned, unless accompanied by an authorized adult.

       (2) For the purposes of this section, the following terms have the following meanings:

       (a) "Sleeping quarters" means the bedrooms or other rooms within a residential facility where children are assigned to sleep.

       (b) "Unsupervised contact" means contact occurring outside the sight or hearing of a responsible adult for more than a reasonable period of time under the circumstances.

       NEW SECTION. Sec. 11. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

       NEW SECTION. Sec. 12. 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


MOTION


      Senator Costa moved that the Senate concur in the House amendment to Substitute Senate Bill No. 6361.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the motion by Senator Costa that the Senate concur in the House amendment to Substitute Senate Bill No. 6361.

      The motion by Senator Costa carried and the Senate concurred in the House amendment to Substitute Senate Bill No. 6361.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6361, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6361, 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 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, Winsley, Wojahn and Zarelli - 46.

     Excused: Senators Bauer, Sellar and West - 3.

      SUBSTITUTE SENATE BILL NO. 6361, 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 ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6400 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 26.50 RCW to read as follows:

       The department of social and health services, in its discretion, may seek the relief provided in this chapter on behalf of and with the consent of any vulnerable adult as those persons are defined in RCW 74.34.020. Neither the department nor the state of Washington shall be liable for failure to seek relief on behalf of any persons under this section.

       NEW SECTION. Sec. 2. A new section is added to chapter 74.34 RCW to read as follows:

       (1) An order for protection of a vulnerable adult issued under this chapter which restrains the respondent or another person from committing acts of abuse, prohibits contact with the petitioner, excludes the person from any specified location, or prohibits the person from coming within a specified distance from a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

       (2) Whenever an order for protection of a vulnerable adult is issued under this chapter, and the respondent or person to be restrained knows of the order, a violation of a provision restraining the person from committing acts of abuse, prohibiting contact with the petitioner, excluding the person from any specified location, or prohibiting the person from coming within a specified distance of a location, shall be punishable under RCW 26.50.110, regardless of whether the person is a family or household member as defined in RCW 26.50.010.

       Sec. 3. RCW 9.94A.220 and 1994 c 271 s 901 are each amended to read as follows:

       (1) When an offender has completed the requirements of the sentence, the secretary of the department or the secretary's designee shall notify the sentencing court, which shall discharge the offender and provide the offender with a certificate of discharge.

       (2) An offender who is not convicted of a violent offense or a sex offense and is sentenced to a term involving community supervision may be considered for a discharge of sentence by the sentencing court prior to the completion of community supervision, provided that the offender has completed at least one-half of the term of community supervision and has met all other sentence requirements.

       (3) Except as provided in subsection (4) of this section, the discharge shall have the effect of restoring all civil rights lost by operation of law upon conviction, and the certificate of discharge shall so state. Nothing in this section prohibits the use of an offender's prior record for purposes of determining sentences for later offenses as provided in this chapter. Nothing in this section affects or prevents use of the offender's prior conviction in a later criminal prosecution either as an element of an offense or for impeachment purposes. A certificate of discharge is not based on a finding of rehabilitation.

       (4) Unless otherwise ordered by the sentencing court, a certificate of discharge shall not terminate the offender's obligation to comply with an order issued under chapter 10.99 RCW that excludes or prohibits the offender from having contact with a specified person or coming within a set distance of any specified location that was contained in the judgment and sentence. An offender who violates such an order after a certificate of discharge has been issued shall be subject to prosecution according to the chapter under which the order was originally issued.

       (5) Upon release from custody, the offender may apply to the department for counseling and help in adjusting to the community. This voluntary help may be provided for up to one year following the release from custody.

       Sec. 4. RCW 10.31.100 and 1999 c 184 s 14 are each amended to read as follows:

       A police officer having probable cause to believe that a person has committed or is committing a felony shall have the authority to arrest the person without a warrant. A police officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of the officer, except as provided in subsections (1) through (10) of this section.

       (1) Any police officer having probable cause to believe that a person has committed or is committing a misdemeanor or gross misdemeanor, involving physical harm or threats of harm to any person or property or the unlawful taking of property or involving the use or possession of cannabis, or involving the acquisition, possession, or consumption of alcohol by a person under the age of twenty-one years under RCW 66.44.270, or involving criminal trespass under RCW 9A.52.070 or 9A.52.080, shall have the authority to arrest the person.

       (2) A police officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

       (a) An order has been issued of which the person has knowledge under RCW ((10.99.040(2), 10.99.050, 26.09.050, 26.09.060, 26.10.040, 26.10.115,)) 26.44.063, or chapter 10.99, 26.09, 26.10, 26.26 ((RCW, or chapter)), 26.50, or 74.34 RCW restraining the person and the person has violated the terms of the order restraining the person from acts or threats of violence, or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location or, in the case of an order issued under RCW 26.44.063, imposing any other restrictions or conditions upon the person; or

       (b) A foreign protection order, as defined in RCW 26.52.010, has been issued of which the person under restraint has knowledge and the person under restraint has violated a provision of the foreign protection order prohibiting the person under restraint from contacting or communicating with another person, or ((of a provision)) excluding the person under restraint from a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, or a violation of any provision for which the foreign protection order specifically indicates that a violation will be a crime; or

       (c) The person is sixteen years or older and within the preceding four hours has assaulted a family or household member as defined in RCW 10.99.020 and the officer believes: (i) A felonious assault has occurred; (ii) an assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or (iii) that any physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death. Bodily injury means physical pain, illness, or an impairment of physical condition. When the officer has probable cause to believe that family or household members have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the primary physical aggressor. In making this determination, the officer shall make every reasonable effort to consider: (i) The intent to protect victims of domestic violence under RCW 10.99.010; (ii) the comparative extent of injuries inflicted or serious threats creating fear of physical injury; and (iii) the history of domestic violence between the persons involved.

       (3) Any police officer having probable cause to believe that a person has committed or is committing a violation of any of the following traffic laws shall have the authority to arrest the person:

       (a) RCW 46.52.010, relating to duty on striking an unattended car or other property;

       (b) RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;

       (c) RCW 46.61.500 or 46.61.530, relating to reckless driving or racing of vehicles;

       (d) RCW 46.61.502 or 46.61.504, relating to persons under the influence of intoxicating liquor or drugs;

       (e) RCW 46.20.342, relating to driving a motor vehicle while operator's license is suspended or revoked;

       (f) RCW 46.61.5249, relating to operating a motor vehicle in a negligent manner.

       (4) A law enforcement officer investigating at the scene of a motor vehicle accident may arrest the driver of a motor vehicle involved in the accident if the officer has probable cause to believe that the driver has committed in connection with the accident a violation of any traffic law or regulation.

       (5) Any police officer having probable cause to believe that a person has committed or is committing a violation of RCW ((88.12.025)) 79A.60.040 shall have the authority to arrest the person.

       (6) An officer may act upon the request of a law enforcement officer in whose presence a traffic infraction was committed, to stop, detain, arrest, or issue a notice of traffic infraction to the driver who is believed to have committed the infraction. The request by the witnessing officer shall give an officer the authority to take appropriate action under the laws of the state of Washington.

       (7) Any police officer having probable cause to believe that a person has committed or is committing any act of indecent exposure, as defined in RCW 9A.88.010, may arrest the person.

       (8) A police officer may arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that an order has been issued of which the person has knowledge under chapter 10.14 RCW and the person has violated the terms of that order.

       (9) Any police officer having probable cause to believe that a person has, within twenty-four hours of the alleged violation, committed a violation of RCW 9A.50.020 may arrest such person.

       (10) A police officer having probable cause to believe that a person illegally possesses or illegally has possessed a firearm or other dangerous weapon on private or public elementary or secondary school premises shall have the authority to arrest the person.

       For purposes of this subsection, the term "firearm" has the meaning defined in RCW 9.41.010 and the term "dangerous weapon" has the meaning defined in RCW 9.41.250 and 9.41.280(1) (c) through (e).

       (11) Except as specifically provided in subsections (2), (3), (4), and (6) of this section, nothing in this section extends or otherwise affects the powers of arrest prescribed in Title 46 RCW.

       (12) No police officer may be held criminally or civilly liable for making an arrest pursuant to RCW 10.31.100 (2) or (8) if the police officer acts in good faith and without malice.

       Sec. 5. RCW 10.99.020 and 1997 c 338 s 53 are each amended to read as follows:

       Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

       (1) "Family or household members" means spouses, former spouses, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.

       (2) "Dating relationship" has the same meaning as in RCW 26.50.010.

       (3) "Domestic violence" includes but is not limited to any of the following crimes when committed by one family or household member against another:

       (a) Assault in the first degree (RCW 9A.36.011);

       (b) Assault in the second degree (RCW 9A.36.021);

       (c) Assault in the third degree (RCW 9A.36.031);

       (d) Assault in the fourth degree (RCW 9A.36.041);

       (e) Drive-by shooting (RCW 9A.36.045);

       (f) Reckless endangerment (RCW 9A.36.050);

       (g) Coercion (RCW 9A.36.070);

       (h) Burglary in the first degree (RCW 9A.52.020);

       (i) Burglary in the second degree (RCW 9A.52.030);

       (j) Criminal trespass in the first degree (RCW 9A.52.070);

       (k) Criminal trespass in the second degree (RCW 9A.52.080);

       (l) Malicious mischief in the first degree (RCW 9A.48.070);

       (m) Malicious mischief in the second degree (RCW 9A.48.080);

       (n) Malicious mischief in the third degree (RCW 9A.48.090);

       (o) Kidnapping in the first degree (RCW 9A.40.020);

       (p) Kidnapping in the second degree (RCW 9A.40.030);

       (q) Unlawful imprisonment (RCW 9A.40.040);

       (r) Violation of the provisions of a restraining order, no-contact order, or protection order restraining or enjoining the person or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, ((or)) 26.26.138, 26.44.063, 26.44.150, 26.50.060, 26.50.070, 26.50.130, 26.52.070, or section 2 of this act);

       (s) ((Violation of the provisions of a protection order or no-contact order restraining the person or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care (RCW 26.50.060, 26.50.070, 26.50.130, 10.99.040, or 10.99.050);

       (t))) Rape in the first degree (RCW 9A.44.040);

       (((u))) (t) Rape in the second degree (RCW 9A.44.050);

       (((v))) (u) Residential burglary (RCW 9A.52.025);

       (((w))) (v) Stalking (RCW 9A.46.110); and

       (((x))) (w) Interference with the reporting of domestic violence (RCW 9A.36.150).

       (4) "Victim" means a family or household member who has been subjected to domestic violence.

       Sec. 6. RCW 26.09.050 and 1995 c 93 s 2 are each amended to read as follows:

       (1) In entering a decree of dissolution of marriage, legal separation, or declaration of invalidity, the court shall determine the marital status of the parties, make provision for a parenting plan for any minor child of the marriage, make provision for the support of any child of the marriage entitled to support, consider or approve provision for the maintenance of either spouse, make provision for the disposition of property and liabilities of the parties, make provision for the allocation of the children as federal tax exemptions, make provision for any necessary continuing restraining orders including the provisions contained in RCW 9.41.800, make provision for the issuance within this action of the restraint provisions of a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW, and make provision for the change of name of any party.

       (2) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER ((26.09)) 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

       (3) The court shall order that any restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section, in addition to the law enforcement information sheet or proof of service of the order, be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall ((forthwith)) enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.

       (4) If a restraining order issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system.

       Sec. 7. RCW 26.09.060 and 1995 c 246 s 26 are each amended to read as follows:

       (1) In a proceeding for:

       (a) Dissolution of marriage, legal separation, or a declaration of invalidity; or

       (b) Disposition of property or liabilities, maintenance, or support following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse; either party may move for temporary maintenance or for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.

       (2) As a part of a motion for temporary maintenance or support or by independent motion accompanied by affidavit, either party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any person from:

       (a) Transferring, removing, encumbering, concealing, or in any way disposing of any property except in the usual course of business or for the necessities of life, and, if so restrained or enjoined, requiring him or her to notify the moving party of any proposed extraordinary expenditures made after the order is issued;

       (b) Molesting or disturbing the peace of the other party or of any child;

       (c) Going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child upon a showing of the necessity therefor;

       (d) Knowingly coming within, or knowingly remaining within, a specified distance from a specified location; and

       (e) Removing a child from the jurisdiction of the court.

       (3) Either party may request a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW on a temporary basis. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080. Ex parte orders issued under this subsection shall be effective for a fixed period not to exceed fourteen days, or upon court order, not to exceed twenty-four days if necessary to ensure that all temporary motions in the case can be heard at the same time.

       (4) In issuing the order, the court shall consider the provisions of RCW 9.41.800.

       (5) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.

       (6) The court may issue a temporary restraining order or preliminary injunction and an order for temporary maintenance or support in such amounts and on such terms as are just and proper in the circumstances. The court may in its discretion waive the filing of the bond or the posting of security.

       (7) Restraining orders issued under this section restraining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER ((26.09)) 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

       (8) The court shall order that any temporary restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall ((forthwith)) enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the ((law enforcement)) computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.

       (9) If a restraining order issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system.

       (10) A temporary order, temporary restraining order, or preliminary injunction:

       (a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;

       (b) May be revoked or modified;

       (c) Terminates when the final decree is entered, except as provided under subsection (((10))) (11) of this section, or when the petition for dissolution, legal separation, or declaration of invalidity is dismissed;

       (d) May be entered in a proceeding for the modification of an existing decree.

       (((10))) (11) Delinquent support payments accrued under an order for temporary support remain collectible and are not extinguished when a final decree is entered unless the decree contains specific language to the contrary. A support debt under a temporary order owed to the state for public assistance expenditures shall not be extinguished by the final decree if:

       (a) The obligor was given notice of the state's interest under chapter 74.20A RCW; or

       (b) The temporary order directs the obligor to make support payments to the office of support enforcement or the Washington state support registry.

       Sec. 8. RCW 26.10.040 and 1995 c 93 s 3 are each amended to read as follows:

       (1) In entering an order under this chapter, the court shall consider, approve, or make provision for:

       (((1))) (a) Child custody, visitation, and the support of any child entitled to support;

       (((2))) (b) The allocation of the children as a federal tax exemption;

       (((3))) (c) Any necessary continuing restraining orders, including the provisions contained in RCW 9.41.800;

       (((4))) (d) A domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080;

       (((5))) (e) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER ((26.10)) 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST((;)).

       (((6))) (2) The court shall order that any restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section, in addition to the law enforcement information sheet or proof of service of the order, be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall ((forthwith)) enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.

       (3) If a restraining order issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system.

       Sec. 9. RCW 26.10.115 and 1995 c 246 s 29 are each amended to read as follows:

       (1) In a proceeding under this chapter either party may file a motion for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amount requested.

       (2) In a proceeding under this chapter either party may file a motion for a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any person from:

       (a) Molesting or disturbing the peace of the other party or of any child;

       (b) Entering the family home or the home of the other party upon a showing of the necessity therefor;

       (c) Knowingly coming within, or knowingly remaining within, a specified distance from a specified location; and

       (d) Removing a child from the jurisdiction of the court.

       (3) Either party may request a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW on a temporary basis. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080. Ex parte orders issued under this subsection shall be effective for a fixed period not to exceed fourteen days, or upon court order, not to exceed twenty-four days if necessary to ensure that all temporary motions in the case can be heard at the same time.

       (4) In issuing the order, the court shall consider the provisions of RCW 9.41.800.

       (5) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.

       (6) The court may issue a temporary restraining order or preliminary injunction and an order for temporary support in such amounts and on such terms as are just and proper in the circumstances.

       (7) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER ((26.10)) 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

       (8) The court shall order that any temporary restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall ((forthwith)) enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the ((law enforcement)) computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.

       (9) If a restraining order issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system.

       (10) A temporary order, temporary restraining order, or preliminary injunction:

       (a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;

       (b) May be revoked or modified;

       (c) Terminates when the final order is entered or when the motion is dismissed;

       (d) May be entered in a proceeding for the modification of an existing order.

       (((10))) (11) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding.

       Sec. 10. RCW 26.26.130 and 1997 c 58 s 947 are each amended to read as follows:

       (1) The judgment and order of the court determining the existence or nonexistence of the parent and child relationship shall be determinative for all purposes.

       (2) If the judgment and order of the court is at variance with the child's birth certificate, the court shall order that an amended birth certificate be issued.

       (3) The judgment and order shall contain other appropriate provisions directed to the appropriate parties to the proceeding, concerning the duty of current and future support, the extent of any liability for past support furnished to the child if that issue is before the court, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. The judgment and order may direct the father to pay the reasonable expenses of the mother's pregnancy and confinement. The judgment and order may include a continuing restraining order or injunction. In issuing the order, the court shall consider the provisions of RCW 9.41.800.

       (4) The judgment and order shall contain the social security numbers of all parties to the order.

       (5) Support judgment and orders shall be for periodic payments which may vary in amount. The court may limit the father's liability for the past support to the child to the proportion of the expenses already incurred as the court deems just. The court shall not limit or affect in any manner the right of nonparties including the state of Washington to seek reimbursement for support and other services previously furnished to the child.

       (6) After considering all relevant factors, the court shall order either or both parents to pay an amount determined pursuant to the schedule and standards contained in chapter 26.19 RCW.

       (7) On the same basis as provided in chapter 26.09 RCW, the court shall make residential provisions with regard to minor children of the parties, except that a parenting plan shall not be required unless requested by a party.

       (8) In any dispute between the natural parents of a child and a person or persons who have (a) commenced adoption proceedings or who have been granted an order of adoption, and (b) pursuant to a court order, or placement by the department of social and health services or by a licensed agency, have had actual custody of the child for a period of one year or more before court action is commenced by the natural parent or parents, the court shall consider the best welfare and interests of the child, including the child's need for situation stability, in determining the matter of custody, and the parent or person who is more fit shall have the superior right to custody.

       (9) In entering an order under this chapter, the court may issue any necessary continuing restraining orders, including the restraint provisions of domestic violence protection orders under chapter 26.50 RCW or antiharassment protection orders under chapter 10.14 RCW.

       (10) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing another party ((or)), from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER ((26.26)) 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

       (11) The court shall order that any restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.

       (12) If a restraining order issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system.

       Sec. 11. RCW 26.26.137 and 1995 c 246 s 32 are each amended to read as follows:

       (1) If the court has made a finding as to the paternity of a child, or if a party's acknowledgment of paternity has been filed with the court, or a party alleges he is the father of the child, any party may move for temporary support for the child prior to the date of entry of the final order. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.

       (2) Any party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any party from:

       (a) Molesting or disturbing the peace of another party;

       (b) Going onto the grounds of or entering the home, workplace, or school of another party or the day care or school of any child; ((or))

       (c) Knowingly coming within, or knowingly remaining within, a specified distance from a specified location; and

       (d) Removing a child from the jurisdiction of the court.

       (3) Either party may request a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW on a temporary basis. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080. Ex parte orders issued under this subsection shall be effective for a fixed period not to exceed fourteen days, or upon court order, not to exceed twenty-four days if necessary to ensure that all temporary motions in the case can be heard at the same time.

       (4) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER ((26.26)) 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

       (5) The court shall order that any temporary restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall ((forthwith)) enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.

       (6) If a restraining order issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system.

       (7) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.

       (((7))) (8) The court may issue a temporary restraining order or preliminary injunction and an order for temporary support in such amounts and on such terms as are just and proper in the circumstances. In issuing the order, the court shall consider the provisions of RCW 9.41.800.

       (((8))) (9) A temporary order, temporary restraining order, or preliminary injunction:

       (a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;

       (b) May be revoked or modified;

       (c) Terminates when the final order is entered or when the petition is dismissed; and

       (d) May be entered in a proceeding for the modification of an existing order.

       (((9))) (10) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding.

       Sec. 12. RCW 26.44.063 and 1993 c 412 s 15 are each amended to read as follows:

       (1) It is the intent of the legislature to minimize trauma to a child involved in an allegation of sexual or physical abuse. The legislature declares that removing the child from the home often has the effect of further traumatizing the child. It is, therefore, the legislature's intent that the alleged offender, rather than the child, shall be removed from the home and that this should be done at the earliest possible point of intervention in accordance with RCW 10.31.100, 13.34.130, this section, and RCW 26.44.130.

       (2) In any judicial proceeding in which it is alleged that a child has been subjected to sexual or physical abuse, if the court finds reasonable grounds to believe that an incident of sexual or physical abuse has occurred, the court may, on its own motion, or the motion of the guardian ad litem or other parties, issue a temporary restraining order or preliminary injunction restraining or enjoining the person accused of committing the abuse from:

       (a) Molesting or disturbing the peace of the alleged victim;

       (b) Entering the family home of the alleged victim except as specifically authorized by the court; ((or))

       (c) Having any contact with the alleged victim, except as specifically authorized by the court;

       (d) Knowingly coming within, or knowingly remaining within, a specified distance of a specified location.

       (3) In issuing a temporary restraining order or preliminary injunction, the court may impose any additional restrictions that the court in its discretion determines are necessary to protect the child from further abuse or emotional trauma pending final resolution of the abuse allegations.

       (4) The court shall issue a temporary restraining order prohibiting a person from entering the family home if the court finds that the order would eliminate the need for an out-of-home placement to protect the child's right to nurturance, health, and safety and is sufficient to protect the child from further sexual or physical abuse or coercion.

       (5) The court may issue a temporary restraining order without requiring notice to the party to be restrained or other parties only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.

       (6) A temporary restraining order or preliminary injunction:

       (a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding; and

       (b) May be revoked or modified.

       (7) The person having physical custody of the child shall have an affirmative duty to assist in the enforcement of the restraining order including but not limited to a duty to notify the court as soon as practicable of any violation of the order, a duty to request the assistance of law enforcement officers to enforce the order, and a duty to notify the department of social and health services of any violation of the order as soon as practicable if the department is a party to the action. Failure by the custodial party to discharge these affirmative duties shall be subject to contempt proceedings.

       (8) Willful violation of a court order entered under this section is a misdemeanor. A written order shall contain the court's directive and shall bear the legend: "Violation of this order with actual notice of its terms is a criminal offense under chapter 26.44 RCW, is also subject to contempt proceedings, and will subject a violator to arrest."

       (9) If a restraining order issued under this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system.

       Sec. 13. RCW 26.44.067 and 1993 c 412 s 16 are each amended to read as follows:

       (1) Any person having had actual notice of the existence of a restraining order issued by a court of competent jurisdiction pursuant to RCW 26.44.063 who refuses to comply with the provisions of such order shall be guilty of a misdemeanor.

       (2) The notice requirements of subsection (1) of this section may be satisfied by the peace officer giving oral or written evidence to the person subject to the order by reading from or handing to that person a copy certified by a notary public or the clerk of the court to be an accurate copy of the original court order which is on file. The copy may be supplied by the court or any party.

       (3) The remedies provided in this section shall not apply unless restraining orders subject to this section ((shall)) bear this legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.44 RCW AND IS ALSO SUBJECT TO CONTEMPT PROCEEDINGS.

       (4) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule. No right of action shall accrue against any peace officer acting upon a properly certified copy of a court order lawful on its face if such officer employs otherwise lawful means to effect the arrest.

       Sec. 14. RCW 26.50.035 and 1995 c 246 s 4 are each amended to read as follows:

       (1) ((By July 1, 1994,)) The administrator for the courts shall develop and prepare instructions and informational brochures required under RCW 26.50.030(4), standard petition and order for protection forms, and a court staff handbook on domestic violence and the protection order process. The standard petition and order for protection forms must be used after September 1, 1994, for all petitions filed and orders issued under this chapter. The instructions, brochures, forms, and handbook shall be prepared in consultation with interested persons, including a representative of the state domestic violence coalition, judges, and law enforcement personnel.

       (a) The instructions shall be designed to assist petitioners in completing the petition, and shall include a sample of standard petition and order for protection forms.

       (b) The informational brochure shall describe the use of and the process for obtaining ((a)), modifying, and terminating a domestic violence protection order as provided under this chapter, ((a)) an anti-harassment no-contact order as provided ((by RCW 10.99.040)) under chapter 9A.46 RCW, a domestic violence no-contact order as provided under chapter 10.99 RCW, a restraining order as provided ((by RCW 26.09.060)) under chapter 26.09, 26.10, 26.26, and 26.44 RCW, ((and)) an antiharassment protection order as provided by chapter 10.14 RCW, and a foreign protection order as defined in chapter 26.52 RCW.

       (c) The order for protection form shall include, in a conspicuous location, notice of criminal penalties resulting from violation of the order, and the following statement: "You can be arrested even if the person or persons who obtained the order invite or allow you to violate the order's prohibitions. The respondent has the sole responsibility to avoid or refrain from violating the order's provisions. Only the court can change the order upon written application."

       (d) The court staff handbook shall allow for the addition of a community resource list by the court clerk.

       (2) All court clerks shall obtain a community resource list from a domestic violence program, defined in RCW 70.123.020, serving the county in which the court is located. The community resource list shall include the names and telephone numbers of domestic violence programs serving the community in which the court is located, including law enforcement agencies, domestic violence agencies, sexual assault agencies, legal assistance programs, interpreters, multicultural programs, and batterers' treatment programs. The court shall make the community resource list available as part of or in addition to the informational brochures described in subsection (1) of this section.

       (3) The administrator for the courts shall distribute a master copy of the petition and order forms, instructions, and informational brochures to all court clerks and shall distribute a master copy of the petition and order forms to all superior, district, and municipal courts.

       (4) For purposes of this section, "court clerks" means court administrators in courts of limited jurisdiction and elected court clerks.

       (5) The administrator for the courts shall determine the significant non-English-speaking or limited English-speaking populations in the state. The administrator shall then arrange for translation of the instructions and informational brochures required by this section, which shall contain a sample of the standard petition and order for protection forms, into the languages spoken by those significant non-English-speaking populations and shall distribute a master copy of the translated instructions and informational brochures to all court clerks by January 1, 1997.

       (6) The administrator for the courts shall update the instructions, brochures, standard petition and order for protection forms, and court staff handbook when changes in the law make an update necessary.

       Sec. 15. RCW 26.50.060 and 1999 c 147 s 2 are each amended to read as follows:

       (1) Upon notice and after hearing, the court may provide relief as follows:

       (a) Restrain the respondent from committing acts of domestic violence;

       (b) Exclude the respondent from the dwelling ((which)) that the parties share, from the residence, workplace, or school of the petitioner, or from the day care or school of a child;

       (c) Prohibit the respondent from knowingly coming within, or knowingly remaining within, a specified distance from a specified location;

       (d) On the same basis as is provided in chapter 26.09 RCW, the court shall make residential provision with regard to minor children of the parties. However, parenting plans as specified in chapter 26.09 RCW shall not be required under this chapter;

       (((d))) (e) Order the respondent to participate in a domestic violence perpetrator treatment program approved under RCW 26.50.150;

       (((e))) (f) Order other relief as it deems necessary for the protection of the petitioner and other family or household members sought to be protected, including orders or directives to a peace officer, as allowed under this chapter;

       (((f))) (g) Require the respondent to pay the administrative court costs and service fees, as established by the county or municipality incurring the expense and to reimburse the petitioner for costs incurred in bringing the action, including ((a)) reasonable ((attorney's fee)) attorneys' fees;

       (((g))) (h) Restrain the respondent from having any contact with the victim of domestic violence or the victim's children or members of the victim's household;

       (((h))) (i) Require the respondent to submit to electronic monitoring. The order shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The order also may include a requirement that the respondent pay the costs of the monitoring. The court shall consider the ability of the respondent to pay for electronic monitoring;

       (((i))) (j) Consider the provisions of RCW 9.41.800;

       (((j))) (k) Order possession and use of essential personal effects. The court shall list the essential personal effects with sufficient specificity to make it clear which property is included; and

       (((k))) (l) Order use of a vehicle.

       (2) If a ((restraining)) protection order restrains the respondent from contacting the respondent's minor children the restraint shall be for a fixed period not to exceed one year. This limitation is not applicable to orders for protection issued under chapter 26.09, 26.10, or 26.26 RCW. With regard to other relief, if the petitioner has petitioned for relief on his or her own behalf or on behalf of the petitioner's family or household members or minor children, and the court finds that the respondent is likely to resume acts of domestic violence against the petitioner or the petitioner's family or household members or minor children when the order expires, the court may either grant relief for a fixed period or enter a permanent order of protection.

       If the petitioner has petitioned for relief on behalf of the respondent's minor children, the court shall advise the petitioner that if the petitioner wants to continue protection for a period beyond one year the petitioner may either petition for renewal pursuant to the provisions of this chapter or may seek relief pursuant to the provisions of chapter 26.09 or 26.26 RCW.

       (3) If the court grants an order for a fixed time period, the petitioner may apply for renewal of the order by filing a petition for renewal at any time within the three months before the order expires. The petition for renewal shall state the reasons why the petitioner seeks to renew the protection order. Upon receipt of the petition for renewal the court shall order a hearing which shall be not later than fourteen days from the date of the order. Except as provided in RCW 26.50.085, personal service shall be made on the respondent not less than five days before the hearing. If timely service cannot be made the court shall set a new hearing date and shall either require additional attempts at obtaining personal service or permit service by publication as provided in RCW 26.50.085 or by mail as provided in RCW 26.50.123. If the court permits service by publication or mail, the court shall set the new hearing date not later than twenty-four days from the date of the order. If the order expires because timely service cannot be made the court shall grant an ex parte order of protection as provided in RCW 26.50.070. The court shall grant the petition for renewal unless the respondent proves by a preponderance of the evidence that the respondent will not resume acts of domestic violence against the petitioner or the petitioner's children or family or household members when the order expires. The court may renew the protection order for another fixed time period or may enter a permanent order as provided in this section. The court may award court costs, service fees, and reasonable attorneys' fees as provided in subsection (1)(f) of this section.

       (4) In providing relief under this chapter, the court may realign the designation of the parties as "petitioner" and "respondent" where the court finds that the original petitioner is the abuser and the original respondent is the victim of domestic violence and may issue an ex parte temporary order for protection in accordance with RCW 26.50.070 on behalf of the victim until the victim is able to prepare a petition for an order for protection in accordance with RCW 26.50.030.

       (5) Except as provided in subsection (4) of this section, no order for protection shall grant relief to any party except upon notice to the respondent and hearing pursuant to a petition or counter-petition filed and served by the party seeking relief in accordance with RCW 26.50.050.

       (6) The court order shall specify the date the order expires if any. The court order shall also state whether the court issued the protection order following personal service, service by publication, or service by mail and whether the court has approved service by publication or mail of an order issued under this section.

       (7) If the court declines to issue an order for protection or declines to renew an order for protection, the court shall state in writing on the order the particular reasons for the court's denial.

       Sec. 16. RCW 26.50.070 and 1996 c 248 s 14 are each amended to read as follows:

       (1) Where an application under this section alleges that irreparable injury could result from domestic violence if an order is not issued immediately without prior notice to the respondent, the court may grant an ex parte temporary order for protection, pending a full hearing, and grant relief as the court deems proper, including an order:

       (a) Restraining any party from committing acts of domestic violence;

       (b) Restraining any party from going onto the grounds of or entering the dwelling that the parties share, from the residence, workplace, or school of the other, or from the day care or school of a child until further order of the court;

       (c) Prohibiting any party from knowingly coming within, or knowingly remaining within, a specified distance from a specified location;

       (d) Restraining any party from interfering with the other's custody of the minor children or from removing the children from the jurisdiction of the court;

       (((d))) (e) Restraining any party from having any contact with the victim of domestic violence or the victim's children or members of the victim's household; and

       (((e))) (f) Considering the provisions of RCW 9.41.800.

       (2) Irreparable injury under this section includes but is not limited to situations in which the respondent has recently threatened petitioner with bodily injury or has engaged in acts of domestic violence against the petitioner.

       (3) The court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day.

       (4) An ex parte temporary order for protection shall be effective for a fixed period not to exceed fourteen days or twenty-four days if the court has permitted service by publication under RCW 26.50.085 or by mail under RCW 26.50.123. The ex parte order may be reissued. A full hearing, as provided in this chapter, shall be set for not later than fourteen days from the issuance of the temporary order or not later than twenty-four days if service by publication or by mail is permitted. Except as provided in RCW 26.50.050, 26.50.085, and 26.50.123, the respondent shall be personally served with a copy of the ex parte order along with a copy of the petition and notice of the date set for the hearing.

       (5) Any order issued under this section shall contain the date and time of issuance and the expiration date and shall be entered into a state-wide judicial information system by the clerk of the court within one judicial day after issuance.

       (6) If the court declines to issue an ex parte temporary order for protection the court shall state the particular reasons for the court's denial. The court's denial of a motion for an ex parte order of protection shall be filed with the court.

       Sec. 17. 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 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))

                              Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or section 2 of this act)

                              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)

                              Stalking (RCW 9A.46.110)

 

   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))

                              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)

       Sec. 18. RCW 10.99.040 and 1997 c 338 s 54 are each amended to read as follows:

       (1) Because of the serious nature of domestic violence, the court in domestic violence actions:

       (a) Shall not dismiss any charge or delay disposition because of concurrent dissolution or other civil proceedings;

       (b) Shall not require proof that either party is seeking a dissolution of marriage prior to instigation of criminal proceedings;

       (c) Shall waive any requirement that the victim's location be disclosed to any person, other than the attorney of a criminal defendant, upon a showing that there is a possibility of further violence: PROVIDED, That the court may order a criminal defense attorney not to disclose to his or her client the victim's location; and

       (d) Shall identify by any reasonable means on docket sheets those criminal actions arising from acts of domestic violence.

       (2)(a) Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any person charged with or arrested for a crime involving domestic violence is released from custody before arraignment or trial on bail or personal recognizance, the court authorizing the release may prohibit that person from having any contact with the victim. The jurisdiction authorizing the release shall determine whether that person should be prohibited from having any contact with the victim. If there is no outstanding restraining or protective order prohibiting that person from having contact with the victim, the court authorizing release may issue, by telephone, a no-contact order prohibiting the person charged or arrested from having contact with the victim or from knowingly coming within, or knowingly remaining within, a specified distance of a location.

       (b) In issuing the order, the court shall consider the provisions of RCW 9.41.800.

       (c) The no-contact order shall also be issued in writing as soon as possible.

       (3) At the time of arraignment the court shall determine whether a no-contact order shall be issued or extended. The no-contact order shall terminate if the defendant is acquitted or the charges are dismissed. If a no-contact order is issued or extended, the court may also include in the conditions of release a requirement that the defendant submit to electronic monitoring. If electronic monitoring is ordered, the court shall specify who shall provide the monitoring services, and the terms under which the monitoring shall be performed. Upon conviction, the court may require as a condition of the sentence that the defendant reimburse the providing agency for the costs of the electronic monitoring.

       (4)(a) Willful violation of a court order issued under subsection (2) or (3) of this section is ((a gross misdemeanor except as provided in (b) and (c) of this subsection (4). Upon conviction and in addition to other penalties provided by law, the court may require that the defendant submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The court also may include a requirement that the defendant pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring.

       (b) Any assault that is a violation of an order issued under this section and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony punishable under chapter 9A.20 RCW, and any conduct in violation of a protective order issued under this section that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony punishable under chapter 9A.20 RCW.

       (c) A willful violation of a court order issued under this section is a class C felony if the offender has at least two previous convictions for violating the provisions of a no-contact order issued under this chapter, a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order issued under Washington law. The previous convictions may involve the same victim or other victims specifically protected by the no-contact orders or protection orders the offender violated)) punishable under RCW 26.50.110.

       (((d))) (b) The written order releasing the person charged or arrested shall contain the court's directives and shall bear the legend: "Violation of this order is a criminal offense under chapter ((10.99)) 26.50 RCW and will subject a violator to arrest; any assault, drive-by shooting, or reckless endangerment that is a violation of this order is a felony. You can be arrested even if any person protected by the order invites or allows you to violate the order's prohibitions. You have the sole responsibility to avoid or refrain from violating the order's provisions. Only the court can change the order."

       (c) A certified copy of the order shall be provided to the victim.

       (5) If a no-contact order has been issued prior to charging, that order shall expire at arraignment or within seventy-two hours if charges are not filed. Such orders need not be entered into the computer-based criminal intelligence information system in this state which is used by law enforcement agencies to list outstanding warrants.

       (((5))) (6) Whenever ((an)) a no-contact order ((prohibiting contact)) is issued, modified, or terminated under subsection (2) or (3) of this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall ((forthwith)) enter the order for one year or until the expiration date specified on the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the ((law enforcement)) computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state. Upon receipt of notice that an order has been terminated under subsection (3) of this section, the law enforcement agency shall remove the order from the computer-based criminal intelligence information system.

       Sec. 19. RCW 10.99.045 and 1998 c 55 s 2 are each amended to read as follows:

       (1) A defendant arrested for an offense involving domestic violence as defined by RCW 10.99.020 shall be required to appear in person before a magistrate within one judicial day after the arrest.

       (2) A defendant who is charged by citation, complaint, or information with an offense involving domestic violence as defined by RCW 10.99.020 and not arrested shall appear in court for arraignment in person as soon as practicable, but in no event later than fourteen days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information.

       (3) At the time of the appearances provided in subsection (1) or (2) of this section, the court shall determine the necessity of imposing a no-contact order or other conditions of pretrial release according to the procedures established by court rule for a preliminary appearance or an arraignment. The court may include in the order any conditions authorized under RCW 9.41.800 and 10.99.040.

       (4) Appearances required pursuant to this section are mandatory and cannot be waived.

       (5) The no-contact order shall be issued and entered with the appropriate law enforcement agency pursuant to the procedures outlined in RCW 10.99.040 (2) and (4).

       Sec. 20. RCW 10.99.050 and 1997 c 338 s 55 are each amended to read as follows:

       (1) When a defendant is found guilty of a crime and a condition of the sentence restricts the defendant's ability to have contact with the victim, such condition shall be recorded and a written certified copy of that order shall be provided to the victim.

       (2)(a) Willful violation of a court order issued under this section is ((a gross misdemeanor. Any assault that is a violation of an order issued under this section and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony, and any conduct in violation of a protective order issued under this section that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony. A willful violation of a court order issued under this section is also a class C felony if the offender has at least two previous convictions for violating the provisions of a no-contact order issued under this chapter, or a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order that is issued under Washington law. The previous convictions may involve the same victim or other victims specifically protected by the no-contact orders or protection orders the offender violated)) punishable under RCW 26.50.110.

       (b) The written order shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter ((10.99)) 26.50 RCW and will subject a violator to arrest; any assault, drive-by shooting, or reckless endangerment that is a violation of this order is a felony.

       (3) Whenever an order prohibiting contact is issued pursuant to this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall ((forthwith)) enter the order for one year or until the expiration date specified on the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the ((law enforcement)) computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state.

       (4) If an order prohibiting contact issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system.

       Sec. 21. RCW 26.09.300 and 1996 c 248 s 9 are each amended to read as follows:

       (1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, is ((a misdemeanor)) punishable under RCW 26.50.110.

       (2) A person is deemed to have notice of a restraining order if:

       (a) The person to be restrained or the person's attorney signed the order;

       (b) The order recites that the person to be restrained or the person's attorney appeared in person before the court;

       (c) The order was served upon the person to be restrained; or

       (d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

       (3) A peace officer shall verify the existence of a restraining order by:

       (a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or

       (b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

       (4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

       (a) A restraining order has been issued under this chapter;

       (b) The respondent or person to be restrained knows of the order; and

       (c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location.

       (5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule.

       (6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice.

       Sec. 22. RCW 26.10.220 and 1999 c 184 s 11 are each amended to read as follows:

       (1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, is ((a gross misdemeanor)) punishable under RCW 26.50.110.

       (2) A person is deemed to have notice of a restraining order if:

       (a) The person to be restrained or the person's attorney signed the order;

       (b) The order recites that the person to be restrained or the person's attorney appeared in person before the court;

       (c) The order was served upon the person to be restrained; or

       (d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

       (3) A peace officer shall verify the existence of a restraining order by:

       (a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or

       (b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

       (4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

       (a) A restraining order has been issued under this chapter;

       (b) The respondent or person to be restrained knows of the order; and

       (c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location.

       (5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule.

       (6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice.

       Sec. 23. RCW 26.26.138 and 1999 c 184 s 12 are each amended to read as follows:

       (1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, is ((a gross misdemeanor)) punishable under RCW 26.50.110.

       (2) A person is deemed to have notice of a restraining order if:

       (a) The person to be restrained or the person's attorney signed the order;

       (b) The order recites that the person to be restrained or the person's attorney appeared in person before the court;

       (c) The order was served upon the person to be restrained; or

       (d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

       (3) A peace officer shall verify the existence of a restraining order by:

       (a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or

       (b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

       (4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

       (a) A restraining order has been issued under this chapter;

       (b) The respondent or person to be restrained knows of the order; and

       (c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location.

       (5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule.

       (6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice.

       Sec. 24. RCW 26.50.110 and 1996 c 248 s 16 are each amended to read as follows:

       (1) Whenever an order ((for protection)) is granted under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or there is a valid foreign protection order as defined in RCW 26.52.020, and the respondent or person to be restrained knows of the order, a violation of the restraint provisions, or of a provision excluding the person from a residence, workplace, school, or day care, or of a provision prohibiting a person from knowingly coming within, or knowingly remaining within, a specified distance of a location, or of a provision of a foreign protection order specifically indicating that a violation will be a crime, for which an arrest is required under RCW 10.31.100(2) (a) or (b), is a gross misdemeanor except as provided in subsections (4) and (5) of this section. Upon conviction, and in addition to any other penalties provided by law, the court may require that the respondent submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services, and the terms under which the monitoring shall be performed. The order also may include a requirement that the respondent pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring.

       (2) A peace officer shall arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order issued under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection order as defined in RCW 26.52.020, that restrains the person or excludes the person from a residence, workplace, school, or day care, or prohibits the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, if the person restrained knows of the order. Presence of the order in the law enforcement computer-based criminal intelligence information system is not the only means of establishing knowledge of the order.

       (3) A violation of an order ((for protection)) issued under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a valid foreign protection order as defined in RCW 26.52.020, shall also constitute contempt of court, and is subject to the penalties prescribed by law.

       (4) Any assault that is a violation of an order issued under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a valid foreign protection order as defined in RCW 26.52.020, and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony, and any conduct in violation of ((a protective)) such an order ((issued under this chapter)) that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony.

       (5) A violation of a court order issued under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a valid foreign protection order as defined in RCW 26.52.020, is a class C felony if the offender has at least two previous convictions for violating the provisions of ((a no-contact)) an order issued under this chapter, chapter 10.99 ((RCW, a domestic violence protection order issued under chapter 26.09, 26.10, or 26.26 RCW or this chapter, or any federal or out-of-state order that is comparable to a no-contact or protection order issued under Washington law)), 26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection order as defined in RCW 26.52.020. The previous convictions may involve the same victim or other victims specifically protected by the ((no-contact orders or protection)) orders the offender violated.

       (6) Upon the filing of an affidavit by the petitioner or any peace officer alleging that the respondent has violated an order ((for protection)) granted under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection order as defined in RCW 26.52.020, the court may issue an order to the respondent, requiring the respondent to appear and show cause within fourteen days why the respondent should not be found in contempt of court and punished accordingly. The hearing may be held in the court of any county or municipality in which the petitioner or respondent temporarily or permanently resides at the time of the alleged violation.

       Sec. 25. RCW 26.50.160 and 1995 c 246 s 18 are each amended to read as follows:

       To prevent the issuance of competing protection orders in different courts and to give courts needed information for issuance of orders, the judicial information system shall be available in each district, municipal, and superior court by July 1, 1997, and shall include a data base containing the following information:

       (1) The names of the parties and the cause number for every order of protection issued under this title, every criminal no-contact order issued under chapters 9A.46 and 10.99 RCW, every antiharassment order issued under chapter 10.14 RCW, every dissolution action under chapter 26.09 RCW, every third-party custody action under chapter 26.10 RCW, ((and)) every parentage action under chapter ((26.10)) 26.26 RCW, every restraining order issued on behalf of an abused child or adult dependent person under chapter 26.44 RCW, every foreign protection order filed under chapter 26.52 RCW, and every order for protection of a vulnerable adult under chapter 74.34 RCW. When a guardian or the department of social and health services has petitioned for relief on behalf of an abused child, adult dependent person, or vulnerable adult, the name of the person on whose behalf relief was sought shall be included in the data base as a party rather than the guardian or department;

       (2) A criminal history of the parties; and

       (3) Other relevant information necessary to assist courts in issuing orders under this chapter as determined by the judicial information system committee.

       Sec. 26. RCW 26.52.070 and 1999 c 184 s 9 are each amended to read as follows:

       (1) Whenever a foreign protection order is granted to a person entitled to protection and the person under restraint knows of the foreign protection order, a violation of a provision prohibiting the person under restraint from contacting or communicating with another person, or of a provision excluding the person under restraint from a residence, workplace, school, or day care, or of a provision prohibiting a person from knowingly coming within, or knowingly remaining within, a specified distance of a location, or a violation of any provision for which the foreign protection order specifically indicates that a violation will be a crime, is ((a gross misdemeanor except as provided in subsections (3) and (4) of this section. Upon conviction, and in addition to any other penalties provided by law, the court may require the person under restraint to submit to electronic monitoring. The court shall specify who will provide the electronic monitoring services, and the terms under which the monitoring will be performed. The order also may include a requirement that the person under restraint pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring)) punishable under RCW 26.50.110.

       (2) A peace officer shall arrest without a warrant and take into custody a person when the peace officer has probable cause to believe that a foreign protection order has been issued of which the person under restraint has knowledge and the person under restraint has violated a provision of the foreign protection order that prohibits the person under restraint from contacting or communicating with another person, or a provision that excludes the person under restraint from a residence, workplace, school, or day care, or of a provision prohibiting a person from knowingly coming within, or knowingly remaining within, a specified distance of a location, or a violation of any provision for which the foreign protection order specifically indicates that a violation will be a crime. Presence of the order in the law enforcement computer-based criminal intelligence information system is not the only means of establishing knowledge of the order.

       (((3) An assault that is a violation of a valid foreign protection order that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony, and conduct in violation of a valid foreign protection order issued under this chapter that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony.

       (4) A violation of a valid foreign protection order is a class C felony if the offender has at least two previous convictions for violating the provisions of a no-contact order issued under chapter 10.99 RCW, a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, or a federal or out-of-state order that is comparable to a no-contact or protection order issued under Washington law. The previous convictions may involve the same person entitled to protection or other person entitled to protection specifically protected by the no-contact orders or protection orders the offender violated.))

       Sec. 27. RCW 74.34.130 and 1999 c 176 s 13 are each amended to read as follows:

       The court may order relief as it deems necessary for the protection of the petitioner, including, but not limited to the following:

       (1) Restraining respondent from committing acts of abandonment, abuse, neglect, or financial exploitation;

       (2) Excluding the respondent from petitioner's residence for a specified period or until further order of the court;

       (3) Prohibiting contact by respondent for a specified period or until further order of the court;

       (4) Prohibiting the respondent from knowingly coming within, or knowingly remaining within, a specified distance from a specified location;

       (5) Requiring an accounting by respondent of the disposition of petitioner's income or other resources;

       (((5))) (6) Restraining the transfer of property for a specified period not exceeding ninety days; and

       (((6))) (7) Requiring the respondent to pay the filing fee and court costs, including service fees, and to reimburse the petitioner for costs incurred in bringing the action, including a reasonable attorney's fee.

       Any relief granted by an order for protection, other than a judgment for costs, shall be for a fixed period not to exceed one year.

       Sec. 28. RCW 9.94A.440 and 1999 c 322 s 6 and 1999 c 196 s 11 are each reenacted and amended to read as follows:

       (1) Decision not to prosecute.

       STANDARD: A prosecuting attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where prosecution would serve no public purpose, would defeat the underlying purpose of the law in question or would result in decreased respect for the law.

       GUIDELINE/COMMENTARY:

       Examples

       The following are examples of reasons not to prosecute which could satisfy the standard.

       (a) Contrary to Legislative Intent - It may be proper to decline to charge where the application of criminal sanctions would be clearly contrary to the intent of the legislature in enacting the particular statute.

       (b) Antiquated Statute - It may be proper to decline to charge where the statute in question is antiquated in that:

       (i) It has not been enforced for many years; and

       (ii) Most members of society act as if it were no longer in existence; and

       (iii) It serves no deterrent or protective purpose in today's society; and

       (iv) The statute has not been recently reconsidered by the legislature.

       This reason is not to be construed as the basis for declining cases because the law in question is unpopular or because it is difficult to enforce.

       (c) De Minimus Violation - It may be proper to decline to charge where the violation of law is only technical or insubstantial and where no public interest or deterrent purpose would be served by prosecution.

       (d) Confinement on Other Charges - It may be proper to decline to charge because the accused has been sentenced on another charge to a lengthy period of confinement; and

       (i) Conviction of the new offense would not merit any additional direct or collateral punishment;

       (ii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and

       (iii) Conviction of the new offense would not serve any significant deterrent purpose.

       (e) Pending Conviction on Another Charge - It may be proper to decline to charge because the accused is facing a pending prosecution in the same or another county; and

       (i) Conviction of the new offense would not merit any additional direct or collateral punishment;

       (ii) Conviction in the pending prosecution is imminent;

       (iii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and

       (iv) Conviction of the new offense would not serve any significant deterrent purpose.

       (f) High Disproportionate Cost of Prosecution - It may be proper to decline to charge where the cost of locating or transporting, or the burden on, prosecution witnesses is highly disproportionate to the importance of prosecuting the offense in question. This reason should be limited to minor cases and should not be relied upon in serious cases.

       (g) Improper Motives of Complainant - It may be proper to decline charges because the motives of the complainant are improper and prosecution would serve no public purpose, would defeat the underlying purpose of the law in question or would result in decreased respect for the law.

       (h) Immunity - It may be proper to decline to charge where immunity is to be given to an accused in order to prosecute another where the accused's information or testimony will reasonably lead to the conviction of others who are responsible for more serious criminal conduct or who represent a greater danger to the public interest.

       (i) Victim Request - It may be proper to decline to charge because the victim requests that no criminal charges be filed and the case involves the following crimes or situations:

       (i) Assault cases where the victim has suffered little or no injury;

       (ii) Crimes against property, not involving violence, where no major loss was suffered;

       (iii) Where doing so would not jeopardize the safety of society.

       Care should be taken to insure that the victim's request is freely made and is not the product of threats or pressure by the accused.

       The presence of these factors may also justify the decision to dismiss a prosecution which has been commenced.

       Notification

       The prosecutor is encouraged to notify the victim, when practical, and the law enforcement personnel, of the decision not to prosecute.

       (2) Decision to prosecute.

       (a) STANDARD:

       Crimes against persons will be filed if sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify conviction by a reasonable and objective fact-finder. With regard to offenses prohibited by RCW 9A.44.040, 9A.44.050, 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, 9A.44.089, and 9A.64.020 the prosecutor should avoid prefiling agreements or diversions intended to place the accused in a program of treatment or counseling, so that treatment, if determined to be beneficial, can be provided pursuant to RCW 9.94A.120(8).

       Crimes against property/other crimes will be filed if the admissible evidence is of such convincing force as to make it probable that a reasonable and objective fact-finder would convict after hearing all the admissible evidence and the most plausible defense that could be raised.

       See table below for the crimes within these categories.


CATEGORIZATION OF CRIMES FOR PROSECUTING STANDARDS


       CRIMES AGAINST PERSONS

       Aggravated Murder

       1st Degree Murder

       2nd Degree Murder

       1st Degree Kidnaping

       1st Degree Assault

       1st Degree Assault of a Child

       1st Degree Rape

       1st Degree Robbery

       1st Degree Rape of a Child

       1st Degree Arson

       2nd Degree Kidnaping

       2nd Degree Assault

       2nd Degree Assault of a Child

       2nd Degree Rape

       2nd Degree Robbery

       1st Degree Burglary

       1st Degree Manslaughter

       2nd Degree Manslaughter

       1st Degree Extortion

       Indecent Liberties

       Incest

       2nd Degree Rape of a Child

       Vehicular Homicide

       Vehicular Assault

       3rd Degree Rape

       3rd Degree Rape of a Child

       1st Degree Child Molestation

       2nd Degree Child Molestation

       3rd Degree Child Molestation

       2nd Degree Extortion

       1st Degree Promoting Prostitution

       Intimidating a Juror

       Communication with a Minor

       Intimidating a Witness

       Intimidating a Public Servant

       Bomb Threat (if against person)

       3rd Degree Assault

       3rd Degree Assault of a Child

       Unlawful Imprisonment

       Promoting a Suicide Attempt

       Riot (if against person)

       Stalking

       Custodial Assault

       ((No-Contact Order-Domestic Violence Pretrial (RCW 10.99.040(4) (b) and (c))

       No-Contact Order-Domestic Violence Sentence (RCW 10.99.050(2))

       Protection Order-Domestic Violence Civil (RCW 26.50.110 (4) and (5)))) Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or section 2 of this act)

       Counterfeiting (if a violation of RCW 9.16.035(4))


       CRIMES AGAINST PROPERTY/OTHER CRIMES

       2nd Degree Arson

       1st Degree Escape

       2nd Degree Burglary

       1st Degree Theft

       1st Degree Perjury

       1st Degree Introducing Contraband

       1st Degree Possession of Stolen Property

       Bribery

       Bribing a Witness

       Bribe received by a Witness

       Bomb Threat (if against property)

       1st Degree Malicious Mischief

       2nd Degree Theft

       2nd Degree Escape

       2nd Degree Introducing Contraband

       2nd Degree Possession of Stolen Property

       2nd Degree Malicious Mischief

       1st Degree Reckless Burning

       Taking a Motor Vehicle without Authorization

       Forgery

       2nd Degree Perjury

       2nd Degree Promoting Prostitution

       Tampering with a Witness

       Trading in Public Office

       Trading in Special Influence

       Receiving/Granting Unlawful Compensation

       Bigamy

       Eluding a Pursuing Police Vehicle

       Willful Failure to Return from Furlough

       Escape from Community Custody

       Riot (if against property)

       Thefts of Livestock


       ALL OTHER UNCLASSIFIED FELONIES

       Selection of Charges/Degree of Charge

       (i) The prosecutor should file charges which adequately describe the nature of defendant's conduct. Other offenses may be charged only if they are necessary to ensure that the charges:

       (A) Will significantly enhance the strength of the state's case at trial; or

       (B) Will result in restitution to all victims.

       (ii) The prosecutor should not overcharge to obtain a guilty plea. Overcharging includes:

       (A) Charging a higher degree;

       (B) Charging additional counts.

       This standard is intended to direct prosecutors to charge those crimes which demonstrate the nature and seriousness of a defendant's criminal conduct, but to decline to charge crimes which are not necessary to such an indication. Crimes which do not merge as a matter of law, but which arise from the same course of conduct, do not all have to be charged.


       (b) GUIDELINES/COMMENTARY:

       (i) Police Investigation

       A prosecuting attorney is dependent upon law enforcement agencies to conduct the necessary factual investigation which must precede the decision to prosecute. The prosecuting attorney shall ensure that a thorough factual investigation has been conducted before a decision to prosecute is made. In ordinary circumstances the investigation should include the following:

       (A) The interviewing of all material witnesses, together with the obtaining of written statements whenever possible;

       (B) The completion of necessary laboratory tests; and

       (C) The obtaining, in accordance with constitutional requirements, of the suspect's version of the events.

       If the initial investigation is incomplete, a prosecuting attorney should insist upon further investigation before a decision to prosecute is made, and specify what the investigation needs to include.

       (ii) Exceptions

       In certain situations, a prosecuting attorney may authorize filing of a criminal complaint before the investigation is complete if:

       (A) Probable cause exists to believe the suspect is guilty; and

       (B) The suspect presents a danger to the community or is likely to flee if not apprehended; or

       (C) The arrest of the suspect is necessary to complete the investigation of the crime.

       In the event that the exception to the standard is applied, the prosecuting attorney shall obtain a commitment from the law enforcement agency involved to complete the investigation in a timely manner. If the subsequent investigation does not produce sufficient evidence to meet the normal charging standard, the complaint should be dismissed.

       (iii) Investigation Techniques

       The prosecutor should be fully advised of the investigatory techniques that were used in the case investigation including:

       (A) Polygraph testing;

       (B) Hypnosis;

       (C) Electronic surveillance;

       (D) Use of informants.

       (iv) Pre-Filing Discussions with Defendant

       Discussions with the defendant or his/her representative regarding the selection or disposition of charges may occur prior to the filing of charges, and potential agreements can be reached.

       (v) Pre-Filing Discussions with Victim(s)

       Discussions with the victim(s) or victims' representatives regarding the selection or disposition of charges may occur before the filing of charges. The discussions may be considered by the prosecutor in charging and disposition decisions, and should be considered before reaching any agreement with the defendant regarding these decisions.

       NEW SECTION. Sec. 29. 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. 30. Section 17 of this act takes effect July 1, 2000.

       NEW SECTION. Sec. 31. The penalties prescribed in this act apply to violations of court orders which occur on or after July 1, 2000, regardless of the date the court issued the order."

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

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk


MOTION


      Senator Costa moved that the Senate concur in the House amendment to Engrossed Second Substitute Senate Bill No. 6400.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the motion by Senator Costa that the Senate concur in the House amendment to Engrossed Second Substitute Senate Bill No. 6400.

      The motion by Senator Costa carried and the Senate concurred in the House amendment to Engrossed Second Substitute Senate Bill No. 6400.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 6400, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6400, 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 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, Winsley, Wojahn and Zarelli - 46.

     Excused: Senators Bauer, Sellar and West - 3.

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6400, 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 5, 2000


MR. PRESIDENT:

      The House refuses to concur in the Senate amendment(s) to HOUSE BILL NO. 2510 and asks the Senate to recede therefrom, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk


MOTION


      On motion of Senator Thibaudeau, the Senate receded from its amendment(s) to House Bill No. 2510.


MOTIONS


      On motion of Senator Thibaudeau, the rules were suspended, House Bill No. 2510 was returned to second reading and read the second time.

      On motion of Senator Thibaudeau, the following striking amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 70.127.010 and 1999 c 190 s 1 are each amended to read as follows:

       Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

       (1) "Administrator" means an individual responsible for managing the operation of an agency.

       (2) "Department" means the department of health.

       (((2))) (3) "Director of clinical services" means an individual responsible for nursing, therapy, nutritional, social, and related services that support the plan of care provided in home health and hospice agencies.

       (4) "Family" means individuals who are important to, and designated by, the patient or client and who need not be relatives.

       (5) "Home care agency" means a ((private or public agency or organization that administers or provides)) person administering or providing home care services directly or through a contract arrangement to ((ill, disabled, or infirm persons)) individuals in places of temporary or permanent residence.

       (((3))) (6) "Home care services" means ((personal care services, homemaker services, respite care services, or any other)) nonmedical services and assistance provided to ill, disabled, ((or)) infirm ((persons which services enable these persons to remain in their own residences consistent with their desires, abilities, and safety)), or vulnerable individuals that enable them to remain in their residences. Home care services include, but are not limited to: Personal care such as assistance with dressing, feeding, and personal hygiene to facilitate self-care; homemaker assistance with household tasks, such as housekeeping, shopping, meal planning and preparation, and transportation; respite care assistance and support provided to the family; or other nonmedical services.

       (((4))) (7) "Home health agency" means a ((private or public agency or organization that administers or provides home health aide services or)) person administering or providing two or more home health services directly or through a contract arrangement to ((ill, disabled, or infirm persons)) individuals in places of temporary or permanent residence. ((A private or public agency or organization that administers or provides)) A person administering or providing nursing services only may elect to be designated a home health agency for purposes of licensure.

       (((5))) (8) "Home health services" means ((health or medical)) services provided to ill, disabled, ((or)) infirm ((persons)), or vulnerable individuals. These services ((may be of an acute or maintenance care nature, and)) include but are not limited to nursing services, home health aide services, physical therapy services, occupational therapy services, speech therapy services, respiratory therapy services, nutritional services, medical social services, and home medical supplies or equipment services.

       (((6))) (9) "Home health aide services" means services provided by a home health agency or a hospice agency under the supervision of a registered nurse, physical therapist, occupational therapist, or speech therapist who is employed by or under contract to a home health or hospice agency. Such care includes ambulation and exercise, assistance with self-administered medications, reporting changes in patients' conditions and needs, completing appropriate records, and personal care or homemaker services.

       (((7) "Homemaker services" means services that assist ill, disabled, or infirm persons with household tasks essential to achieving adequate household and family management.

       (8))) (10) "Home medical supplies" or "equipment services" means diagnostic, treatment, and monitoring equipment and supplies provided for the direct care of individuals within a plan of care.

       (11) "Hospice agency" means a ((private or public agency or organization)) person administering or providing hospice ((care)) services directly or through a contract arrangement to ((terminally ill persons)) individuals in places of temporary or permanent residence ((by using)) under the direction of an interdisciplinary team composed of at least ((nursing)) a nurse, social ((work)) worker, physician, ((and pastoral or)) spiritual ((counseling)) counselor, and a volunteer.

       (((9))) (12) "Hospice care center" means a homelike, noninstitutional facility where hospice services are provided, and that meets the requirements for operation under section 21 of this act.

       (13) "Hospice ((care)) services" means((: (a) Palliative care)) symptom and pain management provided to a terminally ill ((person)) individual, and emotional, spiritual, and bereavement support for the individual and family in a place of temporary or permanent residence ((that alleviates physical symptoms, including pain, as well as alleviates the emotional and spiritual discomfort associated with dying; and (b) bereavement care provided to the family of a terminally ill person that alleviates the emotional and spiritual discomfort associated with the death of a family member. Hospice care)), and may include the provision of home health and ((medical services and personal care, respite, or homemaker services. Family means individuals who are important to and designated by the patient, and who need not be relatives.

       (10) "Ill, disabled, or infirm persons" means persons who need home health, hospice, or home care services in order to maintain themselves in their places of temporary or permanent residence.

       (11) "Personal care services" means services that assist ill, disabled, or infirm persons with dressing, feeding, and personal hygiene to facilitate self-care.

       (12) "Public or private agency or organization" means an entity that employs or contracts with two or more persons who provide care in the home.

       (13) "Respite care services" means services that assist or support the primary care giver on a scheduled basis)) home care services for the terminally ill individual.

       (14) "In-home services agency" means a person licensed to administer or provide home health, home care, hospice services, or hospice care center services directly or through a contract arrangement to individuals in a place of temporary or permanent residence.

       (15) "Person" means any individual, business, firm, partnership, corporation, company, association, joint stock association, public or private agency or organization, or the legal successor thereof that employs or contracts with two or more individuals.

       (16) "Plan of care" means a written document based on assessment of individual needs that identifies services to meet these needs.

       (17) "Quality improvement" means reviewing and evaluating appropriateness and effectiveness of services provided under this chapter.

       (18) "Service area" means the geographic area in which the department has given prior approval to a licensee to provide home health, hospice, or home care services.

       (19) "Survey" means an inspection conducted by the department to evaluate and monitor an agency's compliance with this chapter.

       Sec. 2. RCW 70.127.020 and 1988 c 245 s 3 are each amended to read as follows:

       (1) After July 1, 1990, ((no private or public agency or organization may)) a license is required for a person to advertise, operate, manage, conduct, open, or maintain ((a home health agency without first obtaining a home health agency license from the department)) an in-home services agency.

       (2) ((After July 1, 1990, no private or public agency or organization may advertise, operate, manage, conduct, open, or maintain a hospice agency without first obtaining a hospice agency license from the department.

       (3) After July 1, 1990, no public or private agency or organization may advertise, operate, manage, conduct, open, or maintain a home care agency without first obtaining a home care agency license from the department.)) An in-home services agency license is required for a nursing home, hospital, or other person that functions as a home health, hospice, hospice care center, or home care agency.

       Sec. 3. RCW 70.127.030 and 1988 c 245 s 4 are each amended to read as follows:

       It is unlawful for any person to use the words:

       (1) ((No person may use the words)) "Home health agency," "home health care services," ((or)) "visiting nurse services," "home health," or "home health services" in its corporate or business name, or advertise using such words unless licensed ((as a home health agency)) to provide those services under this chapter((.));

       (2) ((No person may use the words)) "Hospice agency," ((or)) "hospice," "hospice services," "hospice care," or "hospice care center" in its corporate or business name, or advertise using such words unless licensed ((as a hospice agency)) to provide those services under this chapter((.));

       (3) ((No person may use the words)) "Home care agency," ((or)) "home care services," or "home care" in its corporate or business name, or advertise using such words unless licensed ((as a home care agency)) to provide those services under this chapter((.)); or

       (4) "In-home services agency," "in-home services," or any similar term to indicate that a person is a home health, home care, hospice care center, or hospice agency in its corporate or business name, or advertise using such words unless licensed to provide those services under this chapter.

       Sec. 4. RCW 70.127.040 and 1993 c 42 s 2 are each amended to read as follows:

       The following are not subject to regulation for the purposes of this chapter:

       (1) A family member providing home health, hospice, or home care services;

       (2) ((An organization that)) A person who provides only meal services in ((a person's)) an individual's permanent or temporary residence;

       (3) ((Entities)) An individual providing home care through a direct agreement with a recipient of care in an individual's permanent or temporary residence;

       (4) A person furnishing ((durable)) or delivering home medical supplies or equipment that does not involve the ((delivery)) provision of ((professional)) services beyond those necessary to deliver, set up, and monitor the proper functioning of the equipment and educate the user on its proper use;

       (((4))) (5) A person who provides services through a contract with a licensed agency;

       (((5))) (6) An employee or volunteer of a licensed agency who provides services only as an employee or volunteer;

       (((6))) (7) Facilities and institutions, including but not limited to nursing homes under chapter 18.51 RCW, hospitals under chapter 70.41 RCW, adult family homes under chapter 70.128 RCW, boarding homes under chapter 18.20 RCW, developmental disability residential programs under chapter 71.12 RCW, other entities licensed under chapter 71.12 RCW, or other licensed facilities and institutions, only when providing services to persons residing within the facility or institution ((if the delivery of the services is regulated by the state;

       (7) Persons));

       (8) Local and combined city-county health departments providing services under chapters 70.05 and 70.08 RCW;

       (9) An individual providing care to ill, disabled ((persons)), infirm, or vulnerable individuals through a contract with the department of social and health services;

       (((8))) (10) Nursing homes, hospitals, or other institutions, agencies, organizations, or persons that contract with licensed home health, hospice, or home care agencies for the delivery of services;

       (((9))) (11) In-home assessments of an ill, disabled, vulnerable, or infirm ((person's ability to adapt to the home environment)) individual that does not result in regular ongoing care at home;

       (((10))) (12) Services conducted by and for the adherents of a church or religious denomination that rely upon spiritual means alone through prayer for healing in accordance with the tenets and practices of such church or religious denomination and the bona fide religious beliefs genuinely held by such adherents;

       (((11))) (13) A medicare-approved dialysis center operating a medicare-approved home dialysis program;

       (((12))) (14) A person providing case management services ((which do not include the direct delivery of home health, hospice, or home care services)). For the purposes of this subsection, "case management" means the assessment, coordination, authorization, planning, training, and monitoring of home health, hospice, and home care, and does not include the direct provision of care to an individual;

       (((13))) (15) Pharmacies licensed under RCW 18.64.043 that deliver prescription drugs and durable medical equipment that does not involve the use of professional services beyond those authorized to be performed by licensed pharmacists pursuant to chapter 18.64 RCW and those necessary to set up and monitor the proper functioning of the equipment and educate the person on its proper use;

       (16) A volunteer hospice complying with the requirements of RCW 70.127.050; and

       (17) A person who provides home care services without compensation.

       Sec. 5. RCW 70.127.050 and 1993 c 42 s 3 are each amended to read as follows:

       (1) An entity that provides hospice care without receiving compensation for delivery of any of its services is exempt from licensure pursuant to RCW 70.127.020(((2))) (1) if it notifies the department, on forms provided by the department, of its name, address, name of owner, and a statement affirming that it provides hospice care without receiving compensation for delivery of any of its services. This form must be filed with the department ((within sixty days after June 30, 1993, or)) within sixty days after being informed in writing by the department of this requirement for obtaining exemption from licensure under this chapter.

       (2) For the purposes of this section, it is not relevant if the entity compensates its staff. For the purposes of this section, the word "compensation" does not include donations.

       (3) Notwithstanding the provisions of RCW 70.127.030(2), an entity that provides hospice care without receiving compensation for delivery of any of its services is allowed to use the phrase "volunteer hospice."

       (4) Nothing in this chapter precludes an entity providing hospice care without receiving compensation for delivery of any of its services from obtaining a hospice license if it so chooses, but that entity would be exempt from the requirements set forth in RCW 70.127.080(1)(d) ((and (e))).

       Sec. 6. RCW 70.127.080 and 1999 c 190 s 2 are each amended to read as follows:

       (1) An applicant for ((a home health, hospice, or home care)) an in-home services agency license shall:

       (a) File a written application on a form provided by the department;

       (b) Demonstrate ability to comply with this chapter and the rules adopted under this chapter;

       (c) Cooperate with on-site ((review)) survey conducted by the department ((prior to licensure or renewal)) except as provided in RCW 70.127.085;

       (d) Provide evidence of and maintain professional liability, public liability, and property damage insurance ((in the amount of one hundred thousand dollars per occurrence or adequate self-insurance as approved by the department)) in an amount established by the department, based on industry standards. This subsection shall not apply to hospice agency applicants that provide hospice care without receiving compensation for delivery of services;

       (e) ((Provide evidence of and maintain public liability and property damage insurance coverage in the sum of fifty thousand dollars for injury or damage to property per occurrence and fifty thousand dollars for injury or damage, including death, to any one person and one hundred thousand dollars for injury or damage, including death, to more than one person, or evidence of adequate self-insurance for public liability and property damage as approved by the department. This subsection shall not apply to hospice agency applicants that provide hospice care without receiving compensation for delivery of services;

       (f))) Provide ((such proof as the department may require concerning)) documentation of an organizational structure, and the identity of the applicant, officers, administrator, directors of clinical services, partners, managing employees, or owners of ten percent or more of the applicant's assets;

       (((g))) (f) File with the department for approval a description of the service area in which the applicant will operate and a description of how the applicant intends to provide management and supervision of services throughout the service area. The department shall adopt rules necessary to establish criteria for approval that are related to appropriate management and supervision of services throughout the service area. In developing the rules, the department may not establish criteria that:

       (i) Limit the number or type of agencies in any service area; or

       (ii) Limit the number of persons any agency may serve within its service area unless the criteria are related to the need for trained and available staff to provide services within the service area;

       (((h))) (g) File with the department a list of the home health, hospice, and home care services ((offered)) provided directly and under contract;

       (((i))) (h) Pay to the department a license fee as provided in RCW 70.127.090; ((and

       (j))) (i) Comply with RCW 43.43.830 through 43.43.842 for criminal background checks; and

       (j) Provide any other information that the department may reasonably require.

       (2) A certificate of need under chapter 70.38 RCW is not required for licensure except for the operation of a hospice care center.

       (((3) A license or renewal shall not be granted pursuant to this chapter if the applicant, officers, directors, partners, managing employees, or owners of ten percent or more of the applicant's assets, within the last five years have been found in a civil or criminal proceeding to have committed any act which reasonably relates to the person's fitness to establish, maintain, or administer an agency or to provide care in the home of another.))

       Sec. 7. RCW 70.127.085 and 1993 c 42 s 11 are each amended to read as follows:

       (1) Notwithstanding the provisions of RCW 70.127.080(1)(c), ((a home health or hospice agency)) an in-home services agency that is certified by the federal medicare program, or accredited by the community health accreditation program, or the joint commission on accreditation of health care organizations as a home health or hospice agency ((shall be granted the applicable renewal license, without necessity of)) is not subject to a state licensure ((on-site)) survey if:

       (a) The department determines that the applicable survey standards of the certification or accreditation program are substantially equivalent to those required by this chapter;

       (b) An on-site survey has been conducted for the purposes of certification or accreditation during the previous twenty-four months; and

       (c) The department receives directly from the certifying or accrediting entity or from the licensee applicant copies of the initial and subsequent survey reports and other relevant reports or findings that indicate compliance with licensure requirements.

       (2) Notwithstanding the provisions of RCW 70.127.080(1)(c), ((a home care agency)) an in-home services agency providing services under contract with the department of social and health services or area agency on aging to provide home care services and that is monitored by the department of social and health services or area agency on aging ((shall be granted a renewal license, without necessity of an on-site)) is not subject to a state licensure survey by the department of health if:

       (a) The department determines that the department of social and health services or an area agency on aging monitoring standards are substantially equivalent to those required by this chapter;

       (b) An on-site monitoring has been conducted by the department of social and health services or an area agency on aging during the previous twenty-four months;

       (c) The department of social and health services or an area agency on aging includes in its monitoring a sample of private pay clients, if applicable; and

       (d) The department receives directly from the department of social and health services copies of monitoring reports and other relevant reports or findings that indicate compliance with licensure requirements.

       (3) The department retains authority to survey those services areas not addressed by the national accrediting body, department of social and health services, or an area agency on aging.

       (4) In reviewing the federal, the joint commission on accreditation of health care organizations, the community health accreditation program, or the department of social and health services survey standards for substantial equivalency to those set forth in this chapter, the department is directed to provide the most liberal interpretation consistent with the intent of this chapter. In the event the department determines at any time that the survey standards are not substantially equivalent to those required by this chapter, the department is directed to notify the affected licensees. The notification shall contain a detailed description of the deficiencies in the alternative survey process, as well as an explanation concerning the risk to the consumer. The determination of substantial equivalency for alternative survey process and lack of substantial equivalency are agency actions and subject to RCW 34.05.210 through 34.05.395 and 34.05.510 through ((34.05.680)) 34.05.675.

       (((4) Agencies receiving a license without necessity of an on-site survey by the department under this chapter shall pay the same licensure or transfer fee as other agencies in their licensure category. It is the intent of this section that the licensure fees for all agencies will be lowered by the elimination of the duplication that currently exists.))

       (5) ((In order to avoid unnecessary costs,)) The department is ((not)) authorized to perform a validation survey ((if it is also the agency performing the certification or accreditation survey. Where this is not the case,)) on in-home services agencies who previously received a survey through accreditation or contracts with the department of social and health services or an area agency on aging under subsection (2) of this section. The department is authorized to perform a validation survey on no greater than ((five)) ten percent of each type of certification or accreditation survey.

       (6) This section does not affect the department's enforcement authority for licensed agencies.

       Sec. 8. RCW 70.127.090 and 1999 c 190 s 3 are each amended to read as follows:

       (1) Application and renewal fee: An application for a license or any renewal shall be accompanied by a fee as established by the department under RCW 43.70.250. The department shall adopt by rule licensure fees based on a sliding scale using such factors as the number of agency full-time equivalents, geographic area served, number of locations, or type and volume of services provided. For agencies receiving a licensure survey that requires more than two on-site ((reviews)) surveys by the department per licensure period, an additional fee as determined by the department by rule shall be charged for each additional on-site ((review)) survey. ((The department shall charge a reasonable fee for processing changes in ownership.)) The department may set different licensure fees for each licensure category. Agencies receiving a license without necessity of an on-site survey by the department under this chapter shall pay the same licensure or transfer fee as other agencies in their licensure category.

       (2) Change of ownership fee: The department shall charge a reasonable fee for processing changes in ownership. The fee for transfer of ownership may not exceed fifty percent of the base licensure fee.

       (3) Late fee: The department may establish a late fee for failure to apply for licensure or renewal as required by this chapter.

       Sec. 9. RCW 70.127.100 and 1993 c 42 s 6 are each amended to read as follows:

       Upon receipt of an application under RCW 70.127.080 for a license and the license fee, the department shall issue a license if the applicant meets the requirements established under this chapter. A license issued under this chapter shall not be transferred or assigned without thirty days prior notice to the department and the department's approval. A license, unless suspended or revoked, is effective for a period of two years, however an initial license is only effective for twelve months. The department shall conduct ((an on-site review)) a survey within each licensure period((. The department)) and may conduct a licensure survey after ownership transfer. ((The fee for this survey may not exceed fifty percent of the base licensure fee. The department may establish penalty fees for failure to apply for licensure or renewal as required by this chapter.))

       Sec. 10. RCW 70.127.120 and 1993 c 42 s 8 are each amended to read as follows:

       The department shall adopt rules consistent with RCW 70.127.005 necessary to implement this chapter under chapter 34.05 RCW. In order to ensure safe and adequate care, the rules shall address at a minimum the following:

       (1) Maintenance and preservation of all records relating directly to the care and treatment of ((persons)) individuals by licensees;

       (2) Establishment and implementation of a procedure for the receipt, investigation, and disposition of complaints ((by the department)) regarding services provided ((by licensees));

       (3) Establishment and implementation of a plan for ((on-going)) ongoing care of ((persons)) individuals and preservation of records if the licensee ceases operations;

       (4) Supervision of services;

       (5) ((Maintenance)) Establishment and implementation of written policies regarding response to referrals and access to services ((at all times));

       (6) ((Maintenance)) Establishment and implementation of written personnel policies ((and)), procedures and personnel records for paid staff that provide for ((rehire)) prehire screening, minimum qualifications, regular performance evaluations, including observation in the home, participation in orientation and in-service training, and involvement in quality ((assurance)) improvement activities. The department may not establish experience or other qualifications for agency personnel or contractors beyond that required by state law;

       (7) ((Maintenance)) Establishment and implementation of written policies and procedures for volunteers ((that)) who have direct patient/client contact and that provide for background and health screening, orientation, and supervision; ((and))

       (8) ((Maintenance)) Establishment and implementation of written policies ((on)) for obtaining regular reports on patient satisfaction;

       (9) Establishment and implementation of a quality improvement process; and

       (10) Establishment and implementation of policies related to the delivery of care including:

       (a) Plan of care for each individual served;

       (b) Periodic review of the plan of care;

       (c) Supervision of care and clinical consultation as necessary;

       (d) Care consistent with the plan;

       (e) Admission, transfer, and discharge from care; and

       (f) For hospice services:

       (i) Availability of twenty-four hour seven days a week hospice registered nurse consultation and in-home services as appropriate;

       (ii) Interdisciplinary team communication as appropriate and necessary; and

       (iii) The use and availability of volunteers to provide family support and respite care.

       Sec. 11. RCW 70.127.125 and 1993 c 42 s 7 are each amended to read as follows:

       The department is directed to continue to develop, with opportunity for comment from licensees, interpretive guidelines that are specific to each type of ((license)) service and consistent with legislative intent.

       Sec. 12. RCW 70.127.140 and 1988 c 245 s 15 are each amended to read as follows:

       (1) ((A licensee)) An in-home services agency shall provide each ((person)) individual or designated representative with a written bill of rights affirming each ((person's)) individual's right to:

       (a) A listing of the in-home services offered by the in-home services agency and those being provided;

       (b) The name of the ((person)) individual supervising the care and the manner in which that ((person)) individual may be contacted;

       (c) A description of the process for submitting and addressing complaints;

       (d) Submit complaints without retaliation and to have the complaint addressed by the agency;

       (e) Be informed of the state complaint hotline number;

       (f) A statement advising the ((person)) individual or representative of the right to ((participate)) ongoing participation in the development of the plan of care;

       (((e))) (g) A statement providing that the ((person)) individual or representative is entitled to information regarding access to the department's ((registry)) listing of providers and to select any licensee to provide care, subject to the ((patient's)) individual's reimbursement mechanism or other relevant contractual obligations;

       (((f))) (h) Be treated with courtesy, respect, privacy, and freedom from abuse and discrimination;

       (((g))) (i) Refuse treatment or services;

       (((h) Have patient records be confidential; and

       (i) Have)) (j) Have property treated with respect;

       (k) Privacy of personal information and confidentiality of health care records;

       (l) Be cared for by properly trained staff ((and)) with coordination of services;

       (m) A fully itemized billing statement upon request, including the date of each service and the charge. Licensees providing services through a managed care plan shall not be required to provide itemized billing statements; and

       (n) Be informed about advanced directives and the agency's responsibility to implement them.

       (2) ((Upon request, a licensee shall provide each person or designated representative with a fully itemized billing statement at least monthly, including the date of each service and the charge. Licensees providing services through a managed care plan shall not be required to provide itemized billing statements.)) An in-home services agency shall ensure rights under this section are implemented and updated as appropriate.

       Sec. 13. RCW 70.127.150 and 1988 c 245 s 16 are each amended to read as follows:

       No licensee, contractee, or employee may hold a durable power of attorney on behalf of any ((person)) individual who is receiving care from the licensee.

       Sec. 14. RCW 70.127.170 and 1988 c 245 s 18 are each amended to read as follows:

       Pursuant to chapter 34.05 RCW and RCW 70.127.180(3), the department may deny, restrict, condition, modify, suspend, or revoke a license under this chapter or, in lieu thereof or in addition thereto, assess monetary penalties of a civil nature not to exceed one thousand dollars per violation, or require a refund of any amounts billed to, and collected from, the consumer or third-party payor in any case in which it finds that the licensee, or any applicant, officer, director, partner, managing employee, or owner of ten percent or more of the applicant's or licensee's assets:

       (1) Failed or refused to comply with the requirements of this chapter or the standards or rules adopted under this chapter;

       (2) Was the holder of a license issued pursuant to this chapter that was revoked for cause and never reissued by the department, or that was suspended for cause and the terms of the suspension have not been fulfilled and the licensee has continued to operate;

       (3) Has knowingly or with reason to know made a misrepresentation of, false statement of, or failed to disclose, a material fact to the department in ((the)) an application for the license or any data attached thereto or in any record required by this chapter or matter under investigation by the department, or during a survey, or concerning information requested by the department;

       (4) Refused to allow representatives of the department to inspect any book, record, or file required by this chapter to be maintained or any portion of the licensee's premises;

       (5) Willfully prevented, interfered with, or attempted to impede in any way the work of any representative of the department and the lawful enforcement of any provision of this chapter. This includes but is not limited to: Willful misrepresentation of facts during a survey, investigation, or administrative proceeding or any other legal action; or use of threats or harassment against any patient, client, or witness, or use of financial inducements to any patient, client, or witness to prevent or attempt to prevent him or her from providing evidence during a survey or investigation, in an administrative proceeding, or any other legal action involving the department;

       (6) Willfully prevented or interfered with any representative of the department in the preservation of evidence of any violation of this chapter or the rules adopted under this chapter;

       (7) Failed to pay any civil monetary penalty assessed by the department pursuant to this chapter within ten days after the assessment becomes final;

       (8) Used advertising that is false, fraudulent, or misleading;

       (9) Has repeated incidents of personnel performing services beyond their authorized scope of practice; ((or))

       (10) Misrepresented or was fraudulent in any aspect of the conduct of the licensee's business;

       (11) Within the last five years, has been found in a civil or criminal proceeding to have committed any act that reasonably relates to the person's fitness to establish, maintain, or administer an agency or to provide care in the home of another;

       (12) Was the holder of a license to provide care or treatment to ill, disabled, infirm, or vulnerable individuals that was denied, restricted, not renewed, surrendered, suspended, or revoked by a competent authority in any state, federal, or foreign jurisdiction. A certified copy of the order, stipulation, or agreement is conclusive evidence of the denial, restriction, nonrenewal, surrender, suspension, or revocation;

       (13) Violated any state or federal statute, or administrative rule regulating the operation of the agency;

       (14) Failed to comply with an order issued by the secretary or designee;

       (15) Aided or abetted the unlicensed operation of an in-home services agency;

       (16) Operated beyond the scope of the in-home services agency license;

       (17) Failed to adequately supervise staff to the extent that the health or safety of a patient or client was at risk;

       (18) Compromised the health or safety of a patient or client, including, but not limited to, the individual performing services beyond their authorized scope of practice;

       (19) Continued to operate after license revocation, suspension, or expiration, or operating outside the parameters of a modified, conditioned, or restricted license;

       (20) Failed or refused to comply with chapter 70.02 RCW;

       (21) Abused, neglected, abandoned, or financially exploited a patient or client as these terms are defined in RCW 74.34.020;

       (22) Misappropriated the property of an individual;

       (23) Is unqualified or unable to operate or direct the operation of the agency according to this chapter and the rules adopted under this chapter;

       (24) Obtained or attempted to obtain a license by fraudulent means or misrepresentation; or

       (25) Failed to report abuse or neglect of a patient or client in violation of chapter 74.34 RCW.

       Sec. 15. RCW 70.127.180 and 1988 c 245 s 19 are each amended to read as follows:

       (1) The department may at any time conduct ((an on-site review)) a survey of all records and operations of a licensee ((or conduct in-home visits)) in order to determine compliance with this chapter. The department may ((also examine and audit records necessary to determine compliance with this chapter)) conduct in-home visits to observe patient/client care and services. The right to conduct ((an on-site review and audit and examination of records)) a survey shall extend to any premises and records of persons whom the department has reason to believe are providing home health, hospice, or home care services without a license.

       (2) Following ((an on-site review, in-home visit, or audit)) a survey, the department shall give written notice of any violation of this chapter or the rules adopted under this chapter. The notice shall describe the reasons for noncompliance ((and inform the licensee that it must comply within a specified reasonable time, not to exceed sixty days. If the licensee fails to comply, the licensee is subject to disciplinary action under RCW 70.127.170)).

       (3) The licensee may be subject to formal enforcement action under RCW 70.127.170 if the department determines: (a) The licensee has previously been subject to a formal enforcement action for the same or similar type of violation of the same statute or rule, or has been given previous notice of the same or similar type of violation of the same statute or rule; (b) the licensee failed to achieve compliance with a statute, rule, or order by the date established in a previously issued notice or order; (c) the violation resulted in actual serious physical or emotional harm or immediate threat to the health, safety, welfare, or rights of one or more individuals; or (d) the violation has a potential for serious physical or emotional harm or immediate threat to the health, safety, welfare, or rights of one or more individuals.

       Sec. 16. RCW 70.127.190 and 1988 c 245 s 20 are each amended to read as follows:

       All information received by the department through filed reports, ((audits, on-site reviews,)) surveys, and in-home visits((, or as otherwise authorized)) conducted under this chapter shall not be disclosed publicly in any manner that would identify ((persons)) individuals receiving care under this chapter.

       Sec. 17. RCW 70.127.200 and 1988 c 245 s 21 are each amended to read as follows:

       (1) Notwithstanding the existence or use of any other remedy, the department may, in the manner provided by law and upon the advice of the attorney general, who shall represent the department in the proceedings, maintain an action in the name of the state for an injunction or other process against any person to restrain or prevent the advertising, operating, maintaining, managing, or opening of a home health, hospice, hospice care center, or home care agency without ((a)) an in-home services agency license under this chapter.

       (2) The injunction shall not relieve the person operating an in-home services agency without a license from criminal prosecution, or the imposition of a civil fine under section 19(2) of this act, but the remedy by injunction shall be in addition to any criminal liability or civil fine. A person that violates an injunction issued under this chapter shall pay a civil penalty, as determined by the court, of not more than twenty-five thousand dollars, which shall be deposited in the department's local fee account. For the purpose of this section, the superior court issuing any injunction shall retain jurisdiction and the cause shall be continued, and in such cases the attorney general acting in the name of the state may petition for the recovery of civil penalties. All fines, forfeitures, and penalties collected or assessed by a court because of a violation of RCW 70.127.020 shall be deposited in the department's local fee account.

       Sec. 18. RCW 70.127.210 and 1988 c 245 s 22 are each amended to read as follows:

       (1) Any person violating RCW 70.127.020 is guilty of a misdemeanor. Each day of a continuing violation is a separate violation.

       (2) If any corporation conducts any activity for which a license is required by this chapter without the required license, it may be punished by forfeiture of its corporate charter. All fines, forfeitures, and penalties collected or assessed by a court because of a violation of RCW 70.127.020 shall be deposited in the department's local fee account.

       NEW SECTION. Sec. 19. A new section is added to chapter 70.127 RCW to read as follows:

       (1) The department may issue a notice of intention to issue a cease and desist order to any person whom the department has reason to believe is engaged in the unlicensed operation of an in-home services agency. The person to whom the notice of intent is issued may request an adjudicative proceeding to contest the charges. The request for hearing must be filed within twenty days after service of the notice of intent to issue a cease and desist order. The failure to request a hearing constitutes a default, whereupon the department may enter a permanent cease and desist order, which may include a civil fine. All proceedings shall be conducted in accordance with chapter 34.05 RCW.

       (2) If the department makes a final determination that a person has engaged or is engaging in unlicensed operation of an in-home services agency, the department may issue a cease and desist order. In addition, the department may impose a civil fine in an amount not exceeding one thousand dollars for each day upon which the person engaged in unlicensed operation of an in-home services agency. The proceeds of such fines shall be deposited in the department's local fee account.

       (3) If the department makes a written finding of fact that the public interest will be irreparably harmed by delay in issuing an order, the department may issue a temporary cease and desist order. The person receiving a temporary cease and desist order shall be provided an opportunity for a prompt hearing. The temporary cease and desist order shall remain in effect until further order of the department. The failure to request a prompt or regularly scheduled hearing constitutes a default, whereupon the department may enter a permanent cease and desist order, which may include a civil fine.

       (4) Neither the issuance of a cease and desist order nor payment of a civil fine shall relieve the person so operating an in-home services agency without a license from criminal prosecution, but the remedy of a cease and desist order or civil fine shall be in addition to any criminal liability. The cease and desist order is conclusive proof of unlicensed operation and may be enforced under RCW 7.21.060. This method of enforcement of the cease and desist order or civil fine may be used in addition to, or as an alternative to, any provisions for enforcement of agency orders set out in chapter 34.05 RCW.

       NEW SECTION. Sec. 20. A new section is added to chapter 70.127 RCW to read as follows:

       The legislature finds that the operation of an in-home services agency without a license in violation of this chapter is a matter vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Operation of an in-home services agency without a license in violation of this chapter is not reasonable in relation to the development and preservation of business. Such a violation is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.

       NEW SECTION. Sec. 21. A new section is added to chapter 70.127 RCW to read as follows:

       (1) Applicants desiring to operate a hospice care center are subject to the following:

       (a) The application may only be made by a licensed hospice agency. The agency shall list which of the following service categories will be provided:

       (i) General inpatient care;

       (ii) Continuous home care;

       (iii) Routine home care; or

       (iv) Inpatient respite care;

       (b) A certificate of need is required under chapter 70.38 RCW;

       (c) A hospice agency may operate more than one hospice care center in its service area;

       (d) For hospice agencies that operate a hospice care center, no more than forty-nine percent of patient care days, in the aggregate on a biennial basis, may be provided in the hospice care center;

       (e) The maximum number of beds in a hospice care center is twenty;

       (f) The maximum number of individuals per room is one, unless the individual requests a roommate;

       (g) A hospice care center may either be owned or leased by a hospice agency. If the agency leases space, all delivery of interdisciplinary services, to include staffing and management, shall be done by the hospice agency; and

       (h) A hospice care center may either be freestanding or a separate portion of another building.

       (2) The department is authorized to develop rules to implement this section. The rules shall be specific to each hospice care center service category provided. The rules shall at least specifically address the following:

       (a) Adequate space for family members to visit, meet, cook, share meals, and stay overnight with patients or clients;

       (b) A separate external entrance, clearly identifiable to the public when part of an existing structure;

       (c) Construction, maintenance, and operation of a hospice care center;

       (d) Means to inform the public which hospice care center service categories are provided; and

       (e) A registered nurse present twenty-four hours a day, seven days a week for hospice care centers delivering general inpatient services.

       (3) Hospice agencies which as of January 1, 2000, operate the functional equivalent of a hospice care center through licensure as a hospital, under chapter 70.41 RCW, shall be exempt from the certificate of need requirement for hospice care centers if they apply for and receive a license as an in-home services agency to operate a hospice home care center by July 1, 2002.

       Sec. 22. RCW 70.38.025 and 1997 c 210 s 2 are each amended to read as follows:

       When used in this chapter, the terms defined in this section shall have the meanings indicated.

       (1) "Board of health" means the state board of health created pursuant to chapter 43.20 RCW.

       (2) "Capital expenditure" is an expenditure, including a force account expenditure (i.e., an expenditure for a construction project undertaken by a nursing home facility as its own contractor) which, under generally accepted accounting principles, is not properly chargeable as an expense of operation or maintenance. Where a person makes an acquisition under lease or comparable arrangement, or through donation, which would have required review if the acquisition had been made by purchase, such expenditure shall be deemed a capital expenditure. Capital expenditures include donations of equipment or facilities to a nursing home facility which if acquired directly by such facility would be subject to certificate of need review under the provisions of this chapter and transfer of equipment or facilities for less than fair market value if a transfer of the equipment or facilities at fair market value would be subject to such review. The cost of any studies, surveys, designs, plans, working drawings, specifications, and other activities essential to the acquisition, improvement, expansion, or replacement of any plant or equipment with respect to which such expenditure is made shall be included in determining the amount of the expenditure.

       (3) "Continuing care retirement community" means an entity which provides shelter and services under continuing care contracts with its members and which sponsors or includes a health care facility or a health service. A "continuing care contract" means a contract to provide a person, for the duration of that person's life or for a term in excess of one year, shelter along with nursing, medical, health-related, or personal care services, which is conditioned upon the transfer of property, the payment of an entrance fee to the provider of such services, or the payment of periodic charges for the care and services involved. A continuing care contract is not excluded from this definition because the contract is mutually terminable or because shelter and services are not provided at the same location.

       (4) "Department" means the department of health.

       (5) "Expenditure minimum" means, for the purposes of the certificate of need program, one million dollars adjusted by the department by rule to reflect changes in the United States department of commerce composite construction cost index; or a lesser amount required by federal law and established by the department by rule.

       (6) "Health care facility" means hospices, hospice care centers, hospitals, psychiatric hospitals, nursing homes, kidney disease treatment centers, ambulatory surgical facilities, and home health agencies, and includes such facilities when owned and operated by a political subdivision or instrumentality of the state and such other facilities as required by federal law and implementing regulations, but does not include any health facility or institution conducted by and for those who rely exclusively upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well-recognized church or religious denomination, or any health facility or institution operated for the exclusive care of members of a convent as defined in RCW 84.36.800 or rectory, monastery, or other institution operated for the care of members of the clergy. In addition, the term does not include any nonprofit hospital: (a) Which is operated exclusively to provide health care services for children; (b) which does not charge fees for such services; and (c) if not contrary to federal law as necessary to the receipt of federal funds by the state.

       (7) "Health maintenance organization" means a public or private organization, organized under the laws of the state, which:

       (a) Is a qualified health maintenance organization under Title XIII, section 1310(d) of the Public Health Services Act; or

       (b)(i) Provides or otherwise makes available to enrolled participants health care services, including at least the following basic health care services: Usual physician services, hospitalization, laboratory, x-ray, emergency, and preventive services, and out-of-area coverage; (ii) is compensated (except for copayments) for the provision of the basic health care services listed in (b)(i) to enrolled participants by a payment which is paid on a periodic basis without regard to the date the health care services are provided and which is fixed without regard to the frequency, extent, or kind of health service actually provided; and (iii) provides physicians' services primarily (A) directly through physicians who are either employees or partners of such organization, or (B) through arrangements with individual physicians or one or more groups of physicians (organized on a group practice or individual practice basis).

       (8) "Health services" means clinically related (i.e., preventive, diagnostic, curative, rehabilitative, or palliative) services and includes alcoholism, drug abuse, and mental health services and as defined in federal law.

       (9) "Health service area" means a geographic region appropriate for effective health planning which includes a broad range of health services.

       (10) "Person" means an individual, a trust or estate, a partnership, a corporation (including associations, joint stock companies, and insurance companies), the state, or a political subdivision or instrumentality of the state, including a municipal corporation or a hospital district.

       (11) "Provider" generally means a health care professional or an organization, institution, or other entity providing health care but the precise definition for this term shall be established by rule of the department, consistent with federal law.

       (12) "Public health" means the level of well-being of the general population; those actions in a community necessary to preserve, protect, and promote the health of the people for which government is responsible; and the governmental system developed to guarantee the preservation of the health of the people.

       (13) "Secretary" means the secretary of health or the secretary's designee.

       (14) "Tertiary health service" means a specialized service that meets complicated medical needs of people and requires sufficient patient volume to optimize provider effectiveness, quality of service, and improved outcomes of care.

       (15) "Hospital" means any health care institution which is required to qualify for a license under RCW 70.41.020(2); or as a psychiatric hospital under chapter 71.12 RCW.

       NEW SECTION. Sec. 23. A new section is added to chapter 70.38 RCW to read as follows:

       All certificate of need applications submitted by hospice agencies for the construction, development, or other establishment of a facility to be licensed as either a hospital under chapter 70.41 RCW or as a nursing home under chapter 18.51 RCW, for the purpose of operating the functional equivalent of a hospice care center shall not require a separate certificate of need for a hospice care center provided the certificate of need application was declared complete prior to July 1, 2001, the applicant has been issued a certificate of need, and has applied for and received an in-home services agency license by July 1, 2002.

       NEW SECTION. Sec. 24. This act takes effect January 1, 2002.

       NEW SECTION. Sec. 25. The following acts or parts of acts are each repealed:

       (1) RCW 70.127.060 (Nursing homes--Application of chapter) and 1988 c 245 s 7;

       (2) RCW 70.127.070 (Hospitals--Application of chapter) and 1988 c 245 s 8;

       (3) RCW 70.127.110 (Licenses--Combination--Rules--Fees) and 1999 c 190 s 4 & 1988 c 245 s 12;

       (4) RCW 70.127.220 (Agency registry) and 1988 c 245 s 23;

       (5) RCW 70.127.230 (Hospice agencies--Exemption for certain activities) and 1988 c 245 s 24;

       (6) RCW 70.127.240 (Home health or hospice agencies--Exemption for certain activities) and 1988 c 245 s 27;

       (7) RCW 70.127.250 (Home health agencies--Patient care and treatment--Rules--Definitions) and 1994 sp.s. c 9 s 745, 1993 c 42 s 10, & 1988 c 245 s 25;

       (8) RCW 70.127.260 (Hospice agencies--Rules) and 1988 c 245 s 26; and

       (9) RCW 70.127.270 (Home care agencies--Rules) and 1988 c 245 s 28."



MOTIONS


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

       On page 1, line 1 of the title, after "services;" strike the remainder of the title and insert "amending RCW 70.127.010, 70.127.020, 70.127.030, 70.127.040, 70.127.050, 70.127.080, 70.127.085, 70.127.090, 70.127.100, 70.127.120, 70.127.125, 70.127.140, 70.127.150, 70.127.170, 70.127.180, 70.127.190, 70.127.200, 70.127.210, and 70.38.025; adding new sections to chapter 70.127 RCW; adding a new section to chapter 70.38 RCW; repealing RCW 70.127.060, 70.127.070, 70.127.110, 70.127.220, 70.127.230, 70.127.240, 70.127.250, 70.127.260, and 70.127.270; prescribing penalties; and providing an effective date."

      On motion of Senator Thibaudeau, the rules were suspended, House Bill 2510, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 2510, as amended by the Senate under suspension of the rules.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2510, as amended by the Senate under suspension of the rules, and the bill passed Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     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, Winsley, Wojahn and Zarelli - 47.

     Excused: Senators Sellar and West - 2.

      HOUSE BILL NO. 2510, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


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


MOTION


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


SENATE RESOLUTION 2000-8762


By Senators Bauer, Winsley, Wojahn, McAuliffe, Fraser, Rasmussen and Franklin


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

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

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

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

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

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

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

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

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

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


      Senators Bauer, Winsley, Jacobsen, Franklin, Rasmussen, McCaslin, and Betti Sheldon spoke to Senate Resolution 2000-8762.


INTRODUCTION OF SPECIAL GUESTS


      The President Pro Tempore welcomed and introduced Fred T. Haley and his family and friends, who were seated in the gallery.


MOTION


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


MOTION


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


MOTION


      On motion of Senator Sheahan, Senator Honeyford was excused.


MESSAGE FROM THE HOUSE


March 5, 2000

MR. PRESIDENT:

      The House refuses to concur in the Senate amendment(s) to House Bill No. 2595 and asks the Senate to recede therefrom, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk


MOTION


      On motion of Senator Heavey, the Senate receded from the Senate amendment(s) to House Bill No. 2595.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 2595, without the Senate amendment(s).


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2595, without the Senate amendment(s), and the bill passed Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

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

     Excused: Senators Bauer, Eide, Honeyford, Patterson and Sellar - 5.

      HOUSE BILL NO. 2595, without the Senate amendment(s), 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. 6431 with the following amendment(s):

       On page 1, line 10, after "chapter." strike all material to the end of the section and insert "Dissemination or use of nonconviction data for purposes other than that authorized in this section is prohibited."

       On page 1, after line 12, insert the following:

       NEW SECTION. Sec. 2. This act expires June 30, 2003.”, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk


MOTION


       Senator Heavey moved that the Senate concur in the House amendments to Senate Bill No. 6431.


POINT OF INQUIRY


      Senator Hargrove: “Senator Heavey, what are we talking about with nonconviction data? Maybe you could explain that to me.”

      Senator Heavey: “Thank you, Senator Hargrove. What we are talking about and what I know specifically as a horse racing commissioner. We have had cases where we have had jockeys that have been accused in other states of rigging races. The information and the complaints were made and it may be a criminal complaint pending, but no conviction. Or it may be just an instance that we should know about or maybe ten instances of charges of fixing a race that we should know about before the jockey is licensed to ride horses in the state of Washington. Very key individuals--as are owners and trainers on keeping this board honest and straight forward and keeping the public support of it.”

      Senator Hargrove: “Well, I have one more question. Would it not also include people that have been charged and not convicted ? Would it not also include the investigation into those charges, even if they were exonerated?”

      Senator Heavey: “I do not know.”

      Further debate ensued.

      The President Pro Tempore declared the question before the Senate to be the motion by Senator Heavey to concur in the House amendments to Senate Bill No. 6431.

      The motion by Senator Heavey carried and the Senate concurred in the House amendments to Senate Bill No. 6431.

      The President Pro Tempore declared the question before the Senate to be roll call on the final passage of Senate Bill No. 6431, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6431, as amended by the House, and the bill passed Senate by the following vote: Yeas, 38; Nays, 8; Absent, 0; Excused, 3.

     Voting yea: Senators Brown, Costa, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Thibaudeau, West, Winsley and Wojahn - 38.

     Voting nay: Senators Benton, Hargrove, Hochstatter, Johnson, Snyder, Stevens, Swecker and Zarelli - 8.

     Excused: Senators Bauer, Eide and Sellar - 3.

      SENATE BILL NO. 6431, 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 Costa, Senator Goings was excused.


MESSAGE FROM THE HOUSE

March 2, 2000


MR. PRESIDENT:

      The House has passed SUBSTITUTE SENATE BILL NO. 6454 with the following amendment(s):

      On page 1, line 15, after “account”, insert “--recreation”, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk


MOTION


       On motion of Senator Jacobsen, the Senate concurred in the House amendment to Substitute Senate Bill No. 6454.

      The President declared the question before the Senate to be roll call on the final passage of Substitute Senate Bill No. 6454, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6454, as amended by the House, and the bill passed Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, 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 - 46.

     Absent: Senator Deccio - 1.

     Excused: Senators Goings and Sellar - 2.

      SUBSTITUTE SENATE BILL NO. 6454, 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.

DS

MOTION


      On motion of Senator Franklin, Senator Brown was excused.


MOTION


      On motion of Senator Honeyford, Senator Deccio was excused.


MESSAGE FROM THE HOUSE

March 3, 2000


MR. PRESIDENT:

      The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6455 with the following amendment(s):

       On page 7, at the beginning of line 16, strike "four" and insert "five"

       On page 7, line 21, after "that" strike "up to"

       On page 8, at the beginning of line 4, strike "four" and insert "five"

       On page 8, line 9, after "that" strike "up to"

       On page 9, line 26, after "minimum of" strike "four" and insert "five"

       On page 9, line 35, after "minimum" strike "four" and insert "of five"

       On page 17, beginning on line 14, after "the" strike all material through "geologists" on line 15 and insert "state department of licensing be authorized to levy fees on geologists sufficient to pay for their licensure", and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk


MOTION


      Senator Gardner moved that the Senate concur in the House amendments to Engrossed Substitute Senate Bill No. No. 6455.

      Debate ensued.


POINT OF INQUIRY


      Senator Franklin: “Senator Gardner, under Engrossed Substitute Senate Bill No. 6455, I notice in reading that we do have a fee and we do have 695. I have some questions; can you give some clarity on that?”

      Senator Gardner: “The information that we have is that this will have to go on the ballot and be approved by the voters.”

      Further debate ensued.


PARLIAMENTARY INQUIRY


      Senator Benton: “A parliamentary inquiry, Mr. President. The good Senator from Blaine has said the information she has received says that this would need to go on the ballot, if I heard her correctly. Is that right? So, my question to you, Mr. President, does the measure include a referendum clause and if not, should one be included and if it is not included, is the measure properly before the Senate?”


REPLY BY THE PRESIDENT


      President Owen: “Senator Benton, normally an inquiry as to what is in a bill is not appropriate for the President, but in this case, the President is sure that there is a referendum clause in the bill.”

      Further debate ensued.

      The President declared the question before the Senate to be the motion by Senator Gardner that the Senate concur in the House amendments to Engrossed Substitute Senate Bill No. 6455.

      The motion by Senator Gardner carried and the Senate concurred in the House amendments to Engrossed Substitute Senate Bill No. 6455.

      The President declared the question before the Senate to be roll call on the final passage of Engrossed Substitute Senate Bill No. 6455, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6455, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 33; Nays, 12; Absent, 0; Excused, 4.

     Voting yea: Senators Bauer, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Haugen, Heavey, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Patterson, Prentice, Rasmussen, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Wojahn - 33.

     Voting nay: Senators Benton, Finkbeiner, Hargrove, Hochstatter, Honeyford, Johnson, McCaslin, Morton, Oke, Roach, Stevens and Zarelli - 12.

     Excused: Senators Brown, Deccio, Goings and Sellar - 4.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6455, 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 eighth order of business.


MOTION


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


SENATE RESOLUTION 2000-8761


By Senators Heavey, Bauer, Fraser and Snyder


      WHEREAS, R. R. “Bob” Grieve was originally trained as a commercial artist at Cornish Art School in Seattle; and

      WHEREAS, Bob Grieve received his law degree from the University of Miami in Florida and a Ph.D in Government from Claremont Graduate School; and

      WHEREAS, Bob Grieve was elected to the State Senate in 1947 from the Thirty-fourth District in West Seattle and continued to serve as State Senator until 1975; and

      WHEREAS, Senator Bob Grieve was elected Majority Leader of the State Senate for eighteen of the twenty-eight years he served; and

      WHEREAS, Senator Bob Grieve had an ability to work with legislators on both sides of the aisle and was widely recognized for his leadership ability; and

      WHEREAS, Senator Bob Grieve was recognized as a premier parliamentarian who memorized the Senate Rules, Joint Rules, and most of Reeds Rules; and

      WHEREAS, Former Senator Ray Moore remarked in his oral history that Bob Grieve “had as many moves as Michael Jordan”; and

      WHEREAS, In the late 50's and throughout the 60's and 70's, Bob Grieve was known as “Mr. Redistricting”; and

      WHEREAS, After an intense day of legislative work, Bob Grieve loved to dance well into the night and was widely known for his dancing abilities; and

      WHEREAS, Bob Grieve went on to ably serve the citizens of King County as King County Councilman for twelve years following his service in the Senate; and

      WHEREAS, Bob Grieve continues to practice law today in West Seattle;

      NOW, THEREFORE, BE IT RESOLVED, that the Washington State Senate honor Bob Grieve’s many years of service, his great contributions to the citizens of the Puget Sound region and citizens throughout the state, and his commitment and integrity in furthering the legislative process; and

      BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to R.R. Bob Grieve and his children: Thomas Grieve, Raymond Grieve, James Grieve, Bernadette Lucas, Kathleen Deakins, and Mary Long.


      Senators Heavey, Snyder, Prentice, Fraser and Deccio spoke to Senate Resolution 2000-8761.


INTRODUCTION OF SPECIAL GUEST


      The President welcomed and introduced former Senator Bob Grieve, who was seated on the rostrum.

      With permission of the Senate, business was suspended to permit former Senator Grieve to address the Senate.



INTRODUCTION OF SPECIAL GUESTS

 

      The President welcomed and introduced the family of Senator Grieve, who were seated in the gallery.


MOTION


      On motion of Senator Betti Sheldon, Rule 15 was suspended for the day.


      EDITOR’S NOTE: Rule 15 states: ‘The senate shall recess ninety minutes for lunch each working day. When reconvening on the same day the senate shall recess ninety minutes for dinner.’


MOTION


      At 12:00 noon, on motion of Senator Betti Sheldon, the Senate recessed until 1:00 p.m.


      The Senate was called to order at 1:07 p.m. by President Owen.


MOTION


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





SENATE RESOLUTION 2000-8768


By Senator Heavey


      WHEREAS, The people of Washington have lost Kay Douglas, a wonderful daughter and sister, a faithful and loving wife, a proud and devoted mother and grandmother, a true friend, a respected colleague, and an outstanding teacher; and

      WHEREAS, Kay Douglas graduated from Mills College where she majored in Art History. She earned a Teaching Certificate, Special Education credentials, and a Master of Education degree; and

      WHEREAS, Kay Douglas worked at the Oregon Women’s Penitentiary, the Seattle Juvenile Center, Madison Middle School, and Sealth High School where she was the Head of the Department of Special Education; and

      WHEREAS, Kay Douglas gave twenty-eight years of her life serving her community as a teacher and role model for all who knew her; and

      WHEREAS, Kay Douglas continually focused on her vision for students with disabilities to succeed to the best of their abilities; and

      WHEREAS, Kay Douglas was gifted with her ability to instruct and relate effectively as a positive role model to students with significant behavioral deficits, and was effective in maximizing their success, enabling them to achieve their potential; and

      WHEREAS, Kay Douglas has been instrumental in program development, demanding high expectations of herself, her co-workers, and her students while recognizing and valuing the unique qualities of each; and

      WHEREAS, Kay Douglas was a master of creative teaching techniques and was able to develop an individualized program for every student and then give them individual attention, creating the best opportunities for her students; and

      WHEREAS, Kay Douglas tirelessly served as an advocate for her students as she helped school administration and staff to understand them and build support systems for them at school and in the community, and by going beyond the classroom for her students, she pioneered efforts to connect young adults with disabilities with the community and adult service agencies; and

      WHEREAS, Kay Douglas successfully recognized the potential in people and pulled the best from all of us, often helping lift our sights to see that our best was more than we believed it was as she encouraged and supported us in achieving our goals and celebrated with us; and

      WHEREAS, Kay Douglas has been successful in raising the expectations and opportunities of students with disabilities beyond those that society and community would otherwise have offered; and

      WHEREAS, the contributions of Kay Douglas will be on going; and

      WHEREAS, Kay Douglas was an inspiration to all in her courage during her last eighteen months, showing determination, grace, and dignity;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate hereby recognizes the life accomplishments of Kay Douglas and her contribution to the countless number of people who came in contact with her and have changed for the better; and

      BE IT FURTHER RESOLVED, That the Secretary of the Senate immediately transmit a copy of this resolution to the family of Kay Douglas.


SIGNED BY THE PRESIDENT


      The President signed:

      SUBSTITUTE SENATE BILL NO. 5518,

      SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5610,

      SENATE BILL NO. 6010,

      SUBSTITUTE SENATE BILL NO. 6071,

      SENATE BILL NO. 6154,

      SENATE BILL NO. 6190,

      SECOND SUBSTITUTE SENATE BILL NO. 6199,

      SUBSTITUTE SENATE BILL NO. 6210,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6217,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6218,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6220,

      ENGROSSED SENATE BILL NO. 6236,

      SUBSTITUTE SENATE BILL NO. 6244,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6264,

      SUBSTITUTE SENATE BILL NO. 6450,

      SUBSTITUTE SENATE BILL NO. 6459,

      SUBSTITUTE SENATE BILL NO. 6467,

      SUBSTITUTE SENATE BILL NO. 6502, 

      SUBSTITUTE SENATE BILL NO. 6720.


MOTION


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


SENATE RESOLUTION 2000-8760

By Senators Costa and Shin


      WHEREAS, It has been the policy of the Washington State Senate to recognize and honor citizens who have made significant contributions to their fellow citizens and the state of Washington; and

      WHEREAS, Hazel Clark was one who took on the role of promoting literacy and preserving the history of the great Northwest, with passion and dedication, both in her paid and volunteer careers; and

      WHEREAS, Born in 1906, the Seattle native graduated from the University of Washington with a degree in education and returned later to complete a library degree; and

      WHEREAS, This marked the beginning of a forty-year career at the Everett Public Library; and

      WHEREAS, Hazel Clark later turned her passion for other people’s books toward writing several local history books of her own, including the “History of the Everett Public Library,” “Lowell Remembered,” and “A History of Sunnydale”; and

      WHEREAS, She also possessed impressive artistic talents, demonstrated by her illustration of a children’s book recollecting the naughty bears escape from Forest Park, and her travel memoirs throughout the Northwest United States and British Columbia; and

      WHEREAS, Even after her retirement, Hazel Clark continued on as a library volunteer until 1999; and

      WHEREAS, she was responsible for indexing the Everett Herald the “old fashioned” way until it went on electronic catalog in 1992; and

      WHEREAS, Hazel Clark’s recognition of the importance of education greatly influenced many, including her granddaughter, who is now pursuing a master’s degree at Oxford, England; and

      WHEREAS, In addition to her many other activities, she served as the self-taught church organist at the Lowell Community Church for nearly half a century; and

       WHEREAS, She also devoted many more volunteer hours as a member of the Snohomish County Museum, the UW Alumni Association, the Bethany Home, and the Public Employees Retirement Association; and

      WHEREAS, On February 14, 2000, Hazel Clark died in Everett, at age ninety-three, after living an incredibly rich and full life devoted to others;

      NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate do hereby recognize and honor Hazel Clark and her life-long devotion to books, libraries, and learning, and for preserving and passing on Northwest history to future generations; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Hazel Clark’s daughter, Roxanne Hunter of Everett, her granddaughter, Tracy Lynne Stover, and Margaret Riddle, a history specialist at the Everett Public Library.


      Senators Costa and Shin spoke to Senate Resolution 2000-8760.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced Roxanne Hunter, the daughter of Hazel Clark, who was seated in the gallery.


MOTION


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


SENATE RESOLUTION 2000-8754


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


      WHEREAS, In 1839, fifty-three Africans from modern-day Sierra Leone were kidnapped and illegally sold into the Spanish slave trade; and

      WHEREAS, After enduring an horrific voyage to Cuba, the Africans mutinied and took over the ship known as Amistad; and

      WHEREAS, Amistad then set sail for Africa, but ended up off the coast of New England; and

      WHEREAS, A group of abolitionists took up the Africans’ cause and there ensued a lengthy court battle for the Africans’ freedom; and

      WHEREAS, The case was ultimately argued before the United States Supreme Court; and

      WHEREAS, The Supreme Court agreed with the plaintiffs, the Africans won their case in 1841, and were remanded their freedom; and

      WHEREAS, The Amistad affair unified the abolitionists and advanced their cause, and civil libertarians increasingly used the judicial system to press their case, laying the groundwork for the abolition of slavery and the subsequent modern Civil Rights movement; and

      WHEREAS, A nonprofit educational foundation, Amistad America, is dedicated to maintaining the legacy of the Amistad incident and teaching the lessons of history, leadership, and cooperation through the building and sailing of a replica of Amistad; and

      WHEREAS, Timber from the Pacific Northwest was essential for the completion of the new Amistad’s masts; and

      WHEREAS, Commissioner of Public Lands Jennifer Belcher and the Department of Natural Resources Diversity Committee took it upon themselves to help the new Amistad’s builders locate the appropriate timber on the Olympic Peninsula near Quilcene; and

      WHEREAS, The DNR Diversity Committee also raised more than $1,000 in donations to help pay for construction of the Amistad replica; and

      WHEREAS, Many more donations to the Amistad project totaling more than $500 came from people in Tacoma; and

      WHEREAS, The new freedom schooner Amistad is scheduled to be christened and launched on March 25, 2000, at Mystic Seaport, Connecticut; and

      WHEREAS, Launch ceremonies will be led by ship sponsors Ruby Dee and her husband, Ossie Davis, the renowned couple of the theater and arts; and

      WHEREAS, Amistad will sail as an educational ambassador, teaching lessons of history, cooperation, and leadership to Americans of all ages, interests, and cultural backgrounds in the many ports she will visit;

      NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate do hereby commend all those who have worked to build the freedom schooner Amistad, and honor the goals they share of teaching all Americans that justice must precede any true freedom; and

      BE IT FURTHER RESOLVED, That the Secretary of the Senate do hereby immediately transmit copies of this resolution to Public Lands Commissioner Jennifer Belcher, the Diversity Committee at the Department of Natural Resources, and to the Amistad America organization.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced Jennifer Belcher, Commission of Public Lands, and members of the Diversity Committee, who were seated in the gallery.


MOTION


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


SENATE RESOLUTION 2000-8767


By Senators Spanel, Haugen, Fraser and Snyder


      WHEREAS, Meritorious service and excellence in all fields of endeavor on the part of Washingtonians are worthy of recognition by the Washington State Senate; and

      WHEREAS, The fifth and sixth grade students of Lincoln Elementary School in Mount Vernon embarked upon an ambitious environmental research project, studying and documenting damage the noxious weed, Spartina, has done to the Padilla Bay estuary northwest of Mount Vernon; and

      WHEREAS, The project, one of thousands judged in a national contest, won the Time For Kids Environmental Challenge; and

      WHEREAS, The students with their student leaders Anna Hansen, Michael Marsh, Michael Bazan, Kayla King, Seth Morris, Kyle Brown, Allison Hamburg, and Eboni Washington, and their teachers, Michael Guelker-Cone and Teresa Vaughn, will be recognized for their hard work in the special April “Kid Heroes for the Planet” issue of Time For Kids magazine;

      NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate, on behalf of the people of our state, do hereby recognize and acknowledge the outstanding leadership and commitment to improving the environment demonstrated by the fifth and sixth graders at Lincoln Elementary School; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Lincoln Elementary School.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced the fifth and sixth grade students and their teachers from Lincoln Elementary School in Mount Vernon, who were seated in the gallery.


MOTION


      At 1:33 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.


      The Senate was called to order at 2:26 p.m. by President Owen.

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


MOTION


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


MESSAGE FROM HOUSE


March 1, 2000


MR. PRESIDENT:

      The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6487 with the following amendment(s):

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. It is the intent of the legislature to enhance and facilitate the ability of the department of corrections to carry out its responsibility of planning and ensuring community protection with respect to persons subject to sentencing under chapter 9.94A RCW by authorizing access to, and release or disclosure of, necessary information related to mental health services. This includes accessing and releasing or disclosing information of persons who received mental health services as a minor. The legislature does not intend this act to readdress access to information and records regarding continuity of care.

       The legislature recognizes that persons with mental illness have a right to the confidentiality of information related to mental health services, including the fact of their receiving such services, unless there is a state interest that supersedes this right. It is the intent of the legislature to balance that right of the individual with the state interest to enhance public safety.

       NEW SECTION. Sec. 2. A new section is added to chapter 71.34 RCW to read as follows:

       (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

       (a) "Information related to mental health services" means all information and records compiled, obtained, or maintained in the course of providing services to either voluntary or involuntary recipients of services by a mental health service provider. This may include documents of legal proceedings under this chapter or chapter 71.05 or 10.77 RCW, or somatic health care information.

       (b) "Mental health service provider" means a public or private agency that provides services to persons with mental disorders as defined under RCW 71.34.020 and receives funding from public sources. This includes evaluation and treatment facilities as defined in RCW 71.34.020, community mental health service delivery systems, or community mental health programs, as defined in RCW 71.24.025, and facilities conducting competency evaluations and restoration under chapter 10.77 RCW.

       (2) Information related to mental health services delivered to a person subject to chapter 9.94A RCW shall be released, upon request, by a mental health service provider to department of corrections personnel for whom the information is necessary to carry out the responsibilities of their office. The information must be provided only for the purpose of completing presentence investigations, supervision of an incarcerated person, planning for and provision of supervision of a person, or assessment of a person's risk to the community. The request shall be in writing and shall not require the consent of the subject of the records.

       (3) The information to be released to the department of corrections shall include all relevant records and reports, as defined by rule, necessary for the department of corrections to carry out its duties, including those records and reports identified in subsection (2) of this section.

       (4) The department and the department of corrections, in consultation with regional support networks, mental health service providers as defined in subsection (1) of this section, mental health consumers, and advocates for persons with mental illness, shall adopt rules to implement the provisions of this section related to the type and scope of information to be released. These rules shall:

       (a) Enhance and facilitate the ability of the department of corrections to carry out its responsibility of planning and ensuring community protection with respect to persons subject to sentencing under chapter 9.94A RCW, including accessing and releasing or disclosing information of persons who received mental health services as a minor; and

       (b) Establish requirements for the notification of persons under the supervision of the department of corrections regarding the provisions of this section.

       (5) The information received by the department of corrections under this section shall remain confidential and subject to the limitations on disclosure outlined in RCW 71.34.200, except as provided in section 4 of this act.

       (6) No mental health service provider or individual employed by a mental health service provider shall be held responsible for information released to or used by the department of corrections under the provisions of this section or rules adopted under this section.

       (7) Whenever federal law or federal regulations restrict the release of information contained in the treatment records of any patient who receives treatment for alcoholism or drug dependency, the release of the information may be restricted as necessary to comply with federal law and regulations.

       (8) This section does not modify the terms and conditions of disclosure of information related to sexually transmitted diseases under chapter 70.24 RCW.

       NEW SECTION. Sec. 3. A new section is added to chapter 71.05 RCW to read as follows:

       (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

       (a) "Information related to mental health services" means all information and records compiled, obtained, or maintained in the course of providing services to either voluntary or involuntary recipients of services by a mental health service provider. This may include documents of legal proceedings under this chapter or chapter 71.34 or 10.77 RCW, or somatic health care information.

       (b) "Mental health service provider" means a public or private agency that provides services to persons with mental disorders as defined under RCW 71.05.020 and receives funding from public sources. This includes evaluation and treatment facilities as defined in RCW 71.05.020, community mental health service delivery systems, or community mental health programs as defined in RCW 71.24.025, and facilities conducting competency evaluations and restoration under chapter 10.77 RCW.

       (2) Information related to mental health services delivered to a person subject to chapter 9.94A RCW shall be released, upon request, by a mental health service provider to department of corrections personnel for whom the information is necessary to carry out the responsibilities of their office. The information must be provided only for the purpose of completing presentence investigations, supervision of an incarcerated person, planning for and provision of supervision of a person, or assessment of a person's risk to the community. The request shall be in writing and shall not require the consent of the subject of the records.

       (3) The information to be released to the department of corrections shall include all relevant records and reports, as defined by rule, necessary for the department of corrections to carry out its duties, including those records and reports identified in subsection (2) of this section.

       (4) The department and the department of corrections, in consultation with regional support networks, mental health service providers as defined in subsection (1) of this section, mental health consumers, and advocates for persons with mental illness, shall adopt rules to implement the provisions of this section related to the type and scope of information to be released. These rules shall:

       (a) Enhance and facilitate the ability of the department of corrections to carry out its responsibility of planning and ensuring community protection with respect to persons subject to sentencing under chapter 9.94A RCW, including accessing and releasing or disclosing information of persons who received mental health services as a minor; and

       (b) Establish requirements for the notification of persons under the supervision of the department of corrections regarding the provisions of this section.

       (5) The information received by the department of corrections under this section shall remain confidential and subject to the limitations on disclosure outlined in chapter 71.05 RCW, except as provided in section 4 of this act.

       (6) No mental health service provider or individual employed by a mental health service provider shall be held responsible for information released to or used by the department of corrections under the provisions of this section or rules adopted under this section except under RCW 71.05.670 and 71.05.440.

       (7) Whenever federal law or federal regulations restrict the release of information contained in the treatment records of any patient who receives treatment for alcoholism or drug dependency, the release of the information may be restricted as necessary to comply with federal law and regulations.

       (8) This section does not modify the terms and conditions of disclosure of information related to sexually transmitted diseases under chapter 70.24 RCW.

       NEW SECTION. Sec. 4. A new section is added to chapter 72.09 RCW to read as follows:

       (1) The information received by the department under section 2 or 3 of this act may be released to the indeterminate sentence review board as relevant to carry out its responsibility of planning and ensuring community protection with respect to persons under its jurisdiction. Further disclosure by the indeterminate sentence review board is subject to the limitations set forth in subsections (3) and (4) of this section and must be consistent with the written policy of the indeterminate sentence review board. The decision to disclose or not shall not result in civil liability for the indeterminate sentence review board or its employees provided that the decision was reached in good faith and without gross negligence.

       (2) The information received by the department under section 2 or 3 of this act may be used to meet the statutory duties of the department to provide evidence or report to the court. Disclosure to the public of information provided to the court by the department related to mental health services shall be limited in accordance with RCW 9.94A.110 or this section.

       (3) The information received by the department under section 2 or 3 of this act may be disclosed by the department to other state and local agencies as relevant to plan for and provide offenders transition, treatment, and supervision services, or as relevant and necessary to protect the public and counteract the danger created by a particular offender, and in a manner consistent with the written policy established by the secretary. The decision to disclose or not shall not result in civil liability for the department or its employees so long as the decision was reached in good faith and without gross negligence. The information received by a state or local agency from the department shall remain confidential and subject to the limitations on disclosure set forth in chapters 70.02, 71.05, and 71.34 RCW and, subject to these limitations, may be released only as relevant and necessary to counteract the danger created by a particular offender.

       (4) The information received by the department under section 2 or 3 of this act may be disclosed by the department to individuals only with respect to offenders who have been determined by the department to have a high risk of reoffending by a risk assessment, as defined in RCW 9.94A.030, only as relevant and necessary for those individuals to take reasonable steps for the purpose of self-protection, or as provided in RCW 72.09.370(2). The information may not be disclosed for the purpose of engaging the public in a system of supervision, monitoring, and reporting offender behavior to the department. The department must limit the disclosure of information related to mental health services to the public to descriptions of an offender's behavior, risk he or she may present to the community, and need for mental health treatment, including medications, and shall not disclose or release to the public copies of treatment documents or records, except as otherwise provided by law. All disclosure of information to the public must be done in a manner consistent with the written policy established by the secretary. The decision to disclose or not shall not result in civil liability for the department or its employees so long as the decision was reached in good faith and without gross negligence. Nothing in this subsection prevents any person from reporting to law enforcement or the department behavior that he or she believes creates a public safety risk.

       Sec. 5. RCW 71.05.630 and 1989 c 205 s 13 are each amended to read as follows:

       (1) Except as otherwise provided by law, all treatment records shall remain confidential. Treatment records may be released only to the persons designated in this section, or to other persons designated in an informed written consent of the patient.

       (2) Treatment records of an individual may be released without informed written consent in the following circumstances:

       (a) To an individual, organization, or agency as necessary for management or financial audits, or program monitoring and evaluation. Information obtained under this subsection shall remain confidential and may not be used in a manner that discloses the name or other identifying information about the individual whose records are being released.

       (b) To the department, the director of regional support networks, or a qualified staff member designated by the director only when necessary to be used for billing or collection purposes. The information shall remain confidential.

       (c) For purposes of research as permitted in chapter 42.48 RCW.

       (d) Pursuant to lawful order of a court.

       (e) To qualified staff members of the department, to the director of regional support networks, to resource management services responsible for serving a patient, or to service providers designated by resource management services as necessary to determine the progress and adequacy of treatment and to determine whether the person should be transferred to a less restrictive or more appropriate treatment modality or facility. The information shall remain confidential.

       (f) Within the treatment facility where the patient is receiving treatment, confidential information may be disclosed to individuals employed, serving in bona fide training programs, or participating in supervised volunteer programs, at the facility when it is necessary to perform their duties.

       (g) Within the department as necessary to coordinate treatment for mental illness, developmental disabilities, alcoholism, or drug abuse of individuals who are under the supervision of the department.

       (h) To a licensed physician who has determined that the life or health of the individual is in danger and that treatment without the information contained in the treatment records could be injurious to the patient's health. Disclosure shall be limited to the portions of the records necessary to meet the medical emergency.

       (i) To a facility that is to receive an individual who is involuntarily committed under chapter 71.05 RCW, or upon transfer of the individual from one treatment facility to another. The release of records under this subsection shall be limited to the treatment records required by law, a record or summary of all somatic treatments, and a discharge summary. The discharge summary may include a statement of the patient's problem, the treatment goals, the type of treatment which has been provided, and recommendation for future treatment, but may not include the patient's complete treatment record.

       (j) Notwithstanding the provisions of RCW 71.05.390(7), to a correctional facility or a corrections officer who is responsible for the supervision of an individual who is receiving inpatient or outpatient evaluation or treatment. ((Every person who is under the supervision of the department of corrections who receives evaluation or treatment under chapter 9.94A RCW shall be notified of the provisions of this section by the individual's corrections officer.)) Except as provided in sections 2 and 3 of this act, release of records under this section is limited to:

       (i) An evaluation report provided pursuant to a written supervision plan.

       (ii) The discharge summary, including a record or summary of all somatic treatments, at the termination of any treatment provided as part of the supervision plan.

       (iii) When an individual is returned from a treatment facility to a correctional facility, the information provided under (j)(iv) of this subsection.

       (iv) Any information necessary to establish or implement changes in the individual's treatment plan or the level or kind of supervision as determined by resource management services. In cases involving a person transferred back to a correctional facility, disclosure shall be made to clinical staff only. ((In cases involving a person under supervision of the department of corrections, disclosure shall be made to the supervising corrections officer only.))

       (k) To the individual's counsel or guardian ad litem, without modification, at any time in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals, or other actions relating to detention, admission, commitment, or patient's rights under chapter 71.05 RCW.

       (l) ((To a corrections officer of the department who has custody of or is responsible for the supervision of an individual who is transferred or discharged from a treatment facility.

       (m))) To staff members of the protection and advocacy agency or to staff members of a private, nonprofit corporation for the purpose of protecting and advocating the rights of persons with mental illness or developmental disabilities. Resource management services may limit the release of information to the name, birthdate, and county of residence of the patient, information regarding whether the patient was voluntarily admitted, or involuntarily committed, the date and place of admission, placement, or commitment, the name and address of a guardian of the patient, and the date and place of the guardian's appointment. Any staff member who wishes to obtain additional information shall notify the patient's resource management services in writing of the request and of the resource management services' right to object. The staff member shall send the notice by mail to the guardian's address. If the guardian does not object in writing within fifteen days after the notice is mailed, the staff member may obtain the additional information. If the guardian objects in writing within fifteen days after the notice is mailed, the staff member may not obtain the additional information.

       (3) Whenever federal law or federal regulations restrict the release of information contained in the treatment records of any patient who receives treatment for alcoholism or drug dependency, the department may restrict the release of the information as necessary to comply with federal law and regulations.

       Sec. 6. RCW 71.05.390 and 1999 c 12 s 1 are each amended to read as follows:

       Except as provided in this section, the fact of admission and all information and records compiled, obtained, or maintained in the course of providing services to either voluntary or involuntary recipients of services at public or private agencies shall be confidential.

       Information and records may be disclosed only:

       (1) In communications between qualified professional persons to meet the requirements of this chapter, in the provision of services or appropriate referrals, or in the course of guardianship proceedings. The consent of the patient, or his or her guardian, shall be obtained before information or records may be disclosed by a professional person employed by a facility unless provided to a professional person: (a) Employed by the facility; (b) who has medical responsibility for the patient's care; (c) who is a county designated mental health professional; (d) who is providing services under chapter 71.24 RCW; (e) who is employed by a state or local correctional facility where the person is confined; or (f) who is providing evaluation, treatment, or follow-up services under chapter 10.77 RCW.

       (2) When the communications regard the special needs of a patient and the necessary circumstances giving rise to such needs and the disclosure is made by a facility providing outpatient services to the operator of a care facility in which the patient resides.

       (3) When the person receiving services, or his or her guardian, designates persons to whom information or records may be released, or if the person is a minor, when his or her parents make such designation.

       (4) To the extent necessary for a recipient to make a claim, or for a claim to be made on behalf of a recipient for aid, insurance, or medical assistance to which he or she may be entitled.

       (5) For either program evaluation or research, or both: PROVIDED, That the secretary adopts rules for the conduct of the evaluation or research, or both. Such rules shall include, but need not be limited to, the requirement that all evaluators and researchers must sign an oath of confidentiality substantially as follows:

       "As a condition of conducting evaluation or research concerning persons who have received services from (fill in the facility, agency, or person) I, . . . . . . . . ., agree not to divulge, publish, or otherwise make known to unauthorized persons or the public any information obtained in the course of such evaluation or research regarding persons who have received services such that the person who received such services is identifiable.

       I recognize that unauthorized release of confidential information may subject me to civil liability under the provisions of state law.


                                                                                                 /s/. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ."


       (6) To the courts as necessary to the administration of this chapter.

       (7) To law enforcement officers, public health officers, or personnel of the department of corrections or the indeterminate sentence review board for persons who are the subject of the records and who are committed to the custody of the department of corrections or indeterminate sentence review board which information or records are necessary to carry out the responsibilities of their office. Except for dissemination of information released pursuant to RCW 71.05.425 and 4.24.550, regarding persons committed under this chapter under RCW 71.05.280(3) and 71.05.320(2)(c) after dismissal of a sex offense as defined in RCW 9.94A.030, the extent of information that may be released is limited as follows:

       (a) Only the fact, place, and date of involuntary admission, the fact and date of discharge, and the last known address shall be disclosed upon request; and

       (b) The law enforcement and public health officers or personnel of the department of corrections or indeterminate sentence review board shall be obligated to keep such information confidential in accordance with this chapter; and

       (c) Additional information shall be disclosed only after giving notice to said person and his or her counsel and upon a showing of clear, cogent, and convincing evidence that such information is necessary and that appropriate safeguards for strict confidentiality are and will be maintained. However, in the event the said person has escaped from custody, said notice prior to disclosure is not necessary and that the facility from which the person escaped shall include an evaluation as to whether the person is of danger to persons or property and has a propensity toward violence.

       (8) To the attorney of the detained person.

       (9) To the prosecuting attorney as necessary to carry out the responsibilities of the office under RCW 71.05.330(2) and 71.05.340(1)(b) and 71.05.335. The prosecutor shall be provided access to records regarding the committed person's treatment and prognosis, medication, behavior problems, and other records relevant to the issue of whether treatment less restrictive than inpatient treatment is in the best interest of the committed person or others. Information shall be disclosed only after giving notice to the committed person and the person's counsel.

       (10) To appropriate law enforcement agencies and to a person, when the identity of the person is known to the public or private agency, whose health and safety has been threatened, or who is known to have been repeatedly harassed, by the patient. The person may designate a representative to receive the disclosure. The disclosure shall be made by the professional person in charge of the public or private agency or his or her designee and shall include the dates of admission, discharge, authorized or unauthorized absence from the agency's facility, and only such other information that is pertinent to the threat or harassment. The decision to disclose or not shall not result in civil liability for the agency or its employees so long as the decision was reached in good faith and without gross negligence.

       (11) To appropriate law enforcement agencies, upon request, all necessary and relevant information in the event of a crisis or emergent situation that poses a significant and imminent risk to the public. The decision to disclose or not shall not result in civil liability for the mental health service provider or its employees so long as the decision was reached in good faith and without gross negligence.

       (12) To the persons designated in RCW 71.05.425 for the purposes described in that section.

       (((12))) (13) Civil liability and immunity for the release of information about a particular person who is committed to the department under RCW 71.05.280(3) and 71.05.320(2)(c) after dismissal of a sex offense as defined in RCW 9.94A.030, is governed by RCW 4.24.550.

       (((13))) (14) To a patient's next of kin, guardian, or conservator, if any, in the event of death, as provided in RCW 71.05.400.

       (((14))) (15) To the department of health ((of)) for the purposes of determining compliance with state or federal licensure, certification, or registration rules or laws. However, the information and records obtained under this subsection are exempt from public inspection and copying pursuant to chapter 42.17 RCW.

       The fact of admission, as well as all records, files, evidence, findings, or orders made, prepared, collected, or maintained pursuant to this chapter shall not be admissible as evidence in any legal proceeding outside this chapter without the written consent of the person who was the subject of the proceeding except in a subsequent criminal prosecution of a person committed pursuant to RCW 71.05.280(3) or 71.05.320(2)(c) on charges that were dismissed pursuant to chapter 10.77 RCW due to incompetency to stand trial or in a civil commitment proceeding pursuant to chapter 71.09 RCW. The records and files maintained in any court proceeding pursuant to this chapter shall be confidential and available subsequent to such proceedings only to the person who was the subject of the proceeding or his or her attorney. In addition, the court may order the subsequent release or use of such records or files only upon good cause shown if the court finds that appropriate safeguards for strict confidentiality are and will be maintained.

       Sec. 7. RCW 71.34.200 and 1985 c 354 s 18 are each amended to read as follows:

       The fact of admission and all information obtained through treatment under this chapter is confidential. Confidential information may be disclosed only:

       (1) In communications between mental health professionals to meet the requirements of this chapter, in the provision of services to the minor, or in making appropriate referrals;

       (2) In the course of guardianship or dependency proceedings;

       (3) To persons with medical responsibility for the minor's care;

       (4) To the minor, the minor's parent, and the minor's attorney, subject to RCW 13.50.100;

       (5) When the minor or the minor's parent ((designate[s])) designates in writing the persons to whom information or records may be released;

       (6) To the extent necessary to make a claim for financial aid, insurance, or medical assistance to which the minor may be entitled or for the collection of fees or costs due to providers for services rendered under this chapter;

       (7) To the courts as necessary to the administration of this chapter;

       (8) To law enforcement officers or public health officers as necessary to carry out the responsibilities of their office. However, only the fact and date of admission, and the date of discharge, the name and address of the treatment provider, if any, and the last known address shall be disclosed upon request;

       (9) To law enforcement officers, public health officers, relatives, and other governmental law enforcement agencies, if a minor has escaped from custody, disappeared from an evaluation and treatment facility, violated conditions of a less restrictive treatment order, or failed to return from an authorized leave, and then only such information as may be necessary to provide for public safety or to assist in the apprehension of the minor. The officers are obligated to keep the information confidential in accordance with this chapter;

       (10) To the secretary for assistance in data collection and program evaluation or research, provided that the secretary adopts rules for the conduct of such evaluation and research. The rules shall include, but need not be limited to, the requirement that all evaluators and researchers sign an oath of confidentiality substantially as follows:

       "As a condition of conducting evaluation or research concerning persons who have received services from (fill in the facility, agency, or person) I, . . . . . ., agree not to divulge, publish, or otherwise make known to unauthorized persons or the public any information obtained in the course of such evaluation or research regarding minors who have received services in a manner such that the minor is identifiable.

       I recognize that unauthorized release of confidential information may subject me to civil liability under state law.


                                                                                                 /s/. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ."


       (11) To appropriate law enforcement agencies, upon request, all necessary and relevant information in the event of a crisis or emergent situation that poses a significant and imminent risk to the public. The decision to disclose or not shall not result in civil liability for the mental health service provider or its employees so long as the decision was reached in good faith and without gross negligence;

       (12) To appropriate law enforcement agencies and to a person, when the identity of the person is known to the public or private agency, whose health and safety has been threatened, or who is known to have been repeatedly harassed, by the patient. The person may designate a representative to receive the disclosure. The disclosure shall be made by the professional person in charge of the public or private agency or his or her designee and shall include the dates of admission, discharge, authorized or unauthorized absence from the agency's facility, and only such other information that is pertinent to the threat or harassment. The decision to disclose or not shall not result in civil liability for the agency or its employees so long as the decision was reached in good faith and without gross negligence;

       (((12))) (13) To a minor's next of kin, attorney, guardian, or conservator, if any, the information that the minor is presently in the facility or that the minor is seriously physically ill and a statement evaluating the mental and physical condition of the minor as well as a statement of the probable duration of the minor's confinement;

       (((13))) (14) Upon the death of a minor, to the minor's next of kin;

       (((14))) (15) To a facility in which the minor resides or will reside.

       This section shall not be construed to prohibit the compilation and publication of statistical data for use by government or researchers under standards, including standards to assure maintenance of confidentiality, set forth by the secretary. The fact of admission and all information obtained pursuant to this chapter are not admissible as evidence in any legal proceeding outside this chapter, except guardianship or dependency, without the written consent of the minor or the minor's parent.

       Sec. 8. RCW 9.94A.110 and 1999 c 197 s 3 and 1999 c 196 s 4 are each reenacted and amended to read as follows:

       (1) Before imposing a sentence upon a defendant, the court shall conduct a sentencing hearing. The sentencing hearing shall be held within forty court days following conviction. Upon the motion of either party for good cause shown, or on its own motion, the court may extend the time period for conducting the sentencing hearing.

       Except in cases where the defendant shall be sentenced to a term of total confinement for life without the possibility of release or, when authorized by RCW 10.95.030 for the crime of aggravated murder in the first degree, sentenced to death, the court may order the department to complete a risk assessment report. If available before sentencing, the report shall be provided to the court.

       Unless specifically waived by the court, the court shall order the department to complete a chemical dependency screening report before imposing a sentence upon a defendant who has been convicted of 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 where the court finds that the offender has a chemical dependency that has contributed to his or her offense. In addition, the court shall, at the time of plea or conviction, order the department to complete a presentence report before imposing a sentence upon a defendant who has been convicted of a felony sexual offense. The department of corrections shall give priority to presentence investigations for sexual offenders. If the court determines that the defendant may be a mentally ill person as defined in RCW 71.24.025, although the defendant has not established that at the time of the crime he or she lacked the capacity to commit the crime, was incompetent to commit the crime, or was insane at the time of the crime, the court shall order the department to complete a presentence report before imposing a sentence.

       The court shall consider the risk assessment report and presentence reports, if any, including any victim impact statement and criminal history, and allow arguments from the prosecutor, the defense counsel, the offender, the victim, the survivor of the victim, or a representative of the victim or survivor, and an investigative law enforcement officer as to the sentence to be imposed.

       If the court is satisfied by a preponderance of the evidence that the defendant has a criminal history, the court shall specify the convictions it has found to exist. All of this information shall be part of the record. Copies of all risk assessment reports and presentence reports presented to the sentencing court and all written findings of facts and conclusions of law as to sentencing entered by the court shall be sent to the department by the clerk of the court at the conclusion of the sentencing and shall accompany the offender if the offender is committed to the custody of the department. Court clerks shall provide, without charge, certified copies of documents relating to criminal convictions requested by prosecuting attorneys.

       (2) To prevent wrongful disclosure of information related to mental health services, as defined in sections 2 and 3 of this act, a court may take only those steps necessary during a sentencing hearing or any hearing in which the department presents information related to mental health services to the court. The steps may be taken on motion of the defendant, the prosecuting attorney, or on the court's own motion. The court may seal the portion of the record relating to information relating to mental health services, exclude the public from the hearing during presentation or discussion of information relating to mental health services, or grant other relief to achieve the result intended by this subsection, but nothing in this subsection shall be construed to prevent the subsequent release of information related to mental health services as authorized by sections 2 through 4 of this act. Any person who otherwise is permitted to attend any hearing pursuant to chapter 7.69 or 7.69A RCW shall not be excluded from the hearing solely because the department intends to disclose or discloses information related to mental health services."

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

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk


MOTION


      Senator Costa moved that the Senate concur in the House amendment to Engrossed Substitute Senate Bill No. 6487.

      Debate ensued.

      The President declared the question before the Senate to be the motion by Senator Costa that the Senate concur in the House amendment to Engrossed Substitute Senate Bill No. 6487.

      The motion by Senator Costa carried and the Senate concurred in the House amendment to Engrossed Substitute Senate Bill No. 6487.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6487, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6487, as amended by the House, and the bill passed Senate by the following vote: Yeas, 39; Nays, 4; Absent, 1; Excused, 5.

     Voting yea: Senators Benton, Costa, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 39.

     Voting nay: Senators Brown, Heavey, Kohl-Welles and Thibaudeau - 4.

     Absent: Senator Bauer - 1.

     Excused: Senators Deccio, Fairley, Loveland, Patterson and Sellar - 5.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6487, 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 Franklin, Senator Bauer was excused.


MESSAGE FROM HOUSE


February 29, 2000

MR. PRESIDENT:

      The House has passed SUBSTITUTE SENATE BILL NO. 6557 with the following amendment(s):

       On page 2, line 32, after "law." insert "All revenue less prizes and expenses received from raffles conducted by credit unions must be devoted to purposes authorized under this section for charitable and nonprofit organizations.", and the same are herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk


MOTION


      On motion of Senator Prentice, the Senate concurred in the House amendment to Substitute Senate Bill No. 6557.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6557, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6557, as amended by the House, and the bill passed Senate by the following vote: Yeas, 32; Nays, 13; Absent, 0; Excused, 4.

     Voting yea: Senators Benton, Brown, Costa, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Heavey, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, McAuliffe, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, West, Winsley and Zarelli - 32.

     Voting nay: Senators Deccio, Eide, Hargrove, Haugen, Hochstatter, Long, McCaslin, McDonald, Morton, Oke, Stevens, Swecker and Wojahn - 13.

     Excused: Senators Bauer, Fairley, Loveland and Sellar - 4.



       SUBSTITUTE SENATE BILL NO. 6557, 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 HOUSE

March 1, 2000


MR. PRESIDENT:

      The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6559 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 28A.320 RCW to read as follows:

       (1) Beginning with the 2000-01 school year, the superintendent of public instruction shall notify senior high schools and any other public school that includes ninth grade of the names and contact information of public and private entities offering programs leading to college credit, including information about online advanced placement classes, if the superintendent has knowledge of such entities and if the cost of reporting these entities is minimal.

       (2) Beginning with the 2000-01 school year, each senior high school and any other public school that includes ninth grade shall publish annually and deliver to each parent with children enrolled in ninth through twelfth grades, information concerning the entrance requirements and the availability of programs in the local area that lead to college credit, including classes such as advanced placement, running start, tech-prep, skill centers, college in the high school, and international baccalaureate programs. The information may be included with other information the school regularly mails to parents. In addition, each senior high school and any other public school that includes ninth grade shall enclose information of the names and contact information of other public or private entities offering such programs, including online advanced placement programs, to its ninth through twelfth grade students if the school has knowledge of such entities."

       Correct the title., 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 concur in the House amendment to Engrossed Substitute Senate Bill No. 6559.

      Debate ensued.

      The President declared the question before the Senate to be the motion by Senator Kohl-Welles that the Senate concur in the House amendment to Engrossed Substitute Senate Bill No. 6559.

      The motion by Senator Kohl-Welles carried and the Senate concurred in the House amendment to Engrossed Substitute Senate Bill No. 6559.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6559, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6559, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators 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 - 47.

     Excused: Senators Bauer and Sellar - 2.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6559, 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 HOUSE


February 29, 2000

MR. PRESIDENT:

      The House has passed SENATE BILL NO. 6570 with the following amendment(s):

       On page 2, line 20, after “alcohol” insert “and adhere to the recommendations of the drug assessment at no expense to the school, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk


MOTION


      On motion of Senator Costa, the Senate concurred in the House amendment to Senate Bill No. 6570.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6570, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6570, as amended by the House, and the bill passed Senate by the following vote: Yeas, 43; Nays, 1; Absent, 1; Excused, 4.

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

     Voting nay: Senator Swecker - 1.



     Absent: Senator Deccio - 1.

     Excused: Senators Bauer, Loveland, Sellar and Spanel - 4.

       SENATE BILL NO. 6570, 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 sixth order of business.


      There being no objection, the Senate resumed consideration of Second Substitute Senate Bill No. 5243, deferred on second reading March 6, 2000.


RULING BY THE PRESIDENT


      President Owen: “In ruling upon the point of order by Senator Goings concerning whether consideration of Second Substitute Senate Bill No. 5243 is in order, the President notes that the Senate is beyond the cutoff date established in Senate Concurrent Resolution No. 8421 to consider Senate Bills. The issue is therefore whether Second Substitute Senate Bill No.5243 is ‘necessary to implement’ the budget and exempt from the cutoff. The President notes that the exemption does not apply to a measure solely because it might be ‘referenced in the budget.’ The President has to assume that ‘necessary’ means ‘necessary.’

      “The President finds that the appropriation to the state treasurer in the Senate budget remains the same regardless of the passage of Second Substitute Senate Bill No. 5243. Therefore, the President rules that the measure is not necessary to implement the budget and may not properly be considered under Senate Concurrent Resolution No. 8421.”


      The President ruled that Second Substitute Senate Bill No. 5243 is not properly before the Senate.


MOTION


      Senator Betti Sheldon moved that further consideration of Second Substitute Senate Bill No 5243 be deferred and that the bill hold its place on the second reading calendar.


POINT OF ORDER


      Senator Johnson: “A point of order, Mr. President. I would like a ruling from the President. I think this bill ought to be referred to the Committee on Rules. It has twice been ruled by the President that it is not properly before the Senate. The Second Reading Calendar is before the Senate. This should be referred to the Rules Committee.”


REPLY BY THE PRESIDENT


      President Owen: “Senator Johnson, it has been the practice to refer a bill to Rules under such circumstances, but there is no rule that requires that to happen. Therefore, where the bill languishes is up to the body and so Senator Sheldon’s motion would be in order.”

      Senator Johnson: “I think if there is an objection, there will be a vote on that motion.”

      President Owen: “That would be absolutely correct.”

      The President declared the question before the Senate to be the motion by Senator Betti Sheldon to defer consideration of Second Substitute Senate Bill No. 5243 and to have the bill hold its place on the second reading calendar.

      The motion by Senator Betti Sheldon carried and further consideration of Second Substitute Senate Bill No. 5243 was deferred and the bill will hold its place on the second reading calendar.


MOTION


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


MOTION


      On motion of Senator Eide, Senator Spanel was excused.


MESSAGE FROM HOUSE


March 3, 2000

MR. PRESIDENT:

      The House has passed SUBSTITUTE SENATE BILL NO. 6663 with the following amendments(s):

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 59.28.020 and 1989 c 188 s 2 are each amended to read as follows:

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

       (1) "Federally assisted housing" means any multifamily housing that is insured, financed, assisted, or held by the secretary of housing and urban development or the secretary of agriculture under:

       (a) Section 8 of the United States housing act of 1937, as amended (42 U.S.C. Sec. 1437f);

       (b) Section 101 of the housing and urban development act of 1965, as amended (12 U.S.C. Sec. 1701s);

       (c) The following sections of the national housing act:

       (i) Section 202 (12 U.S.C. Sec. 1701q);

       (ii) Section 213 (12 U.S.C. Sec. 1715e);

       (iii) Section 221(d) (3) and (4) (12 U.S.C. Sec. 17151(d) (3) and (4));

       (iv) Section 223(f) (12 U.S.C. Sec. 1715n(f));

       (v) Section 231 (12 U.S.C. Sec. 1715v); or

       (vi) Section 236 (12 U.S.C. Sec. 1715z-1); and

       (d) The following sections of the housing act of 1949, as amended:

       (i) Section 514 (42 U.S.C. Sec. 1484);

       (ii) Section 515 (42 U.S.C. Sec. 1485);

       (iii) Section 516 (42 U.S.C. Sec. 1486);

       (iv) Section 521(a)(1)(B) (42 U.S.C. Sec. 1490a(a)(1)); or

       (v) Section 521(a)(2) (42 U.S.C. Sec. 1490a(a)(2)).

       (2) "Rental agreement" means any agreement that establishes or modifies the terms, conditions, rules, regulations, or any other provision concerning the use and occupancy of a federally assisted housing unit.

       (3) "Owner" means the current or subsequent owner or owners of federally assisted housing.

       (4) "Low-income use restrictions" means any federal, state, or local statute, rule, regulation, ordinance, or contract which, as a condition of receipt of any federal, state, or local financial assistance, establishes maximum limitations on tenant income as a condition of eligibility for occupancy of the units within a development, imposes any restrictions on the maximum rents that could be charged for any of the units within a development, or requires that rent for any of the units within a development be reviewed by any governmental body or agency before the rents are implemented.

       (5) "Prepayment" means the payment in full or refinancing of the federally insured or federally held mortgage or loan prior to its original maturity date, or the voluntary cancellation of mortgage insurance, if that would have the effect of terminating any low-income use restrictions.

       (6) "Public housing agency" means any state or local agency or nonprofit entity that is authorized to administer tenant-based rental assistance under federal, state, or local law.

       Sec. 2. RCW 59.28.030 and 1989 c 188 s 3 are each amended to read as follows:

       (1) This chapter shall not apply to the expiration or termination of a housing assistance contract between a public housing agency and an owner of existing housing participating in either the section 8 certificate or voucher program (42 U.S.C. Sec. 1437f).

       (2) An owner of federally assisted housing shall not be required to give notice of a prepayment under this chapter, if the owner has: (a) Entered into an agreement with a federal, state, or local agency continuing existing, or imposing new, low-income use restrictions for at least twenty years that ensure that the tenants residing in the development at the time of prepayment are not involuntarily displaced except for good cause and that the housing will continue to serve very low and low-income families and persons in need of affordable housing; and (b) served notice of the agreement on the clerk of the city, or county if in an unincorporated area, in which the property is located, on any public housing agency that would be responsible for administering tenant-based rental assistance to persons who would otherwise be displaced from this housing, and on the department of community, trade, and economic development by regular and certified mail and posted a copy of the agreement in a conspicuous place at the development where it is likely to be seen by the tenants. The posted agreement shall be maintained intact and in legible form for the life of the agreement.

       (3) An owner of federally assisted housing is not required to give notice that a rental assistance contract is expiring if: (a) The owner has entered into an agreement with the United States department of housing and urban development or other federal, state, or local agency to renew the rental assistance contract for a minimum of five years subject to the availability of adequate appropriations; (b) the agreement itself does not expire in less than twelve months; and (c) the owner has served written notice of the agreement on the clerk of the city, or county if in an unincorporated area, in which the property is located, on any public housing agency that would be responsible for administering tenant-based rental assistance to persons who would otherwise be displaced from this housing, and on the department of community, trade, and economic development, by regular and certified mail and posted these notices in a conspicuous place at the development where they are likely to be seen by the tenants. The posted notices shall be maintained intact and in legible form for the life of the agreement to renew the rental assistance contract.

       Sec. 3. RCW 59.28.040 and 1995 c 399 s 160 are each amended to read as follows:

       Except as provided in RCW 59.28.030, all owners of federally assisted housing shall, at least twelve months before the expiration of the rental assistance contract or prepayment of a mortgage or loan, serve a written notice of the anticipated expiration or prepayment date on each tenant household residing in the housing, on the clerk of the city, or county if in an unincorporated area, in which the property is located, on any public housing agency that would be responsible for administering tenant-based rental assistance to persons who would otherwise be displaced from this housing, and on the department of community, trade, and economic development, by regular and certified mail. All owners of federally assisted housing shall also serve written notice of the anticipated expiration or prepayment date on each tenant household that moves into the housing after the initial notice has been given, but before the expiration of the rental assistance contract or prepayment of the mortgage or loan. This notice shall be given before a new tenant is asked to execute a rental agreement or required to pay any deposits.

       Sec. 4. RCW 59.28.060 and 1995 c 399 s 162 are each amended to read as follows:

       (1) The notice to tenants required by RCW 59.28.040 shall state ((the date of expiration or prepayment and the effect, if any, that the expiration or prepayment will have upon the tenants' rent and other terms of their rental agreement.)):

       (a) Whether the owner (i) intends to prepay the mortgage or loan or allow the rental assistance contract to expire in order to operate the housing without any low-income use restrictions, (ii) plans on renewing the rental assistance contract subject to the availability of adequate appropriations, or (iii) is seeking additional financial incentives or higher rents as a condition of remaining in the federal program; (b) the reason the owner plans on taking this action; (c) the owner's plans for the project, including any timetables or deadlines for actions to be taken by the owner and any specific federal, state, or local agency approvals that the owner is required to obtain; (d) the anticipated date of the prepayment of the mortgage or loan or expiration of the rental assistance contract; (e) the effect, if any, that prepayment of the mortgage or loan or expiration of the rental assistance contract will have upon the tenants' rent and other terms of their rental agreement; and (f) that additional information will be served on the city or county, on the local public housing agency, and on the department of community, trade, and economic development and will be posted at the development. The owner shall also include with the notice written information, prepared by the department of community, trade, and economic development under section 7(1) of this act, concerning the legal rights, responsibilities, and options of owners and tenants when an owner intends to prepay a mortgage or loan or terminate a rental assistance contract.

       (2) The notice to the city or county clerk and to the department of community, trade, and economic development required by RCW 59.28.040 shall state: (((1))) (a) The name, location, and project number of the federally assisted housing and the type of assistance received from the federal government; (((2))) (b) the number and size of units; (((3))) (c) the age, race, family size, and estimated incomes of the tenants who will be affected by the prepayment of the loan or mortgage or expiration of the federal assistance contract; (((4) the)) (d) the current rents and projected rent increases for each affected tenant((; and (5) the anticipated date of prepayment of the loan or mortgage or expiration of the federal assistance contract.)) after the prepayment of the mortgage or loan or expiration of the rental assistance contract without disclosing the identities of the affected tenants; (e) the availability and type, if any, of rental assistance after the prepayment of the mortgage or loan or expiration of the rental assistance contract; and (f) the age, race, family size, and estimated incomes of any applicants on the project's waiting list without disclosing the identities of the applicants. The owner shall attach to this notice a copy of the notice the owner sends to the tenants under this chapter.

       (3) All owners of federally assisted housing shall immediately post a copy of any notices they send the city or county clerk, any public housing agency, and the department of community, trade, and economic development, under RCW 59.28.040, in a conspicuous place at the development where they are likely to be seen by current and prospective tenants. The notices shall be maintained intact and in legible form for twelve months from the date they are posted.

       All owners of federally assisted housing shall, upon request of any state or local agency, provide the agency with a copy of any rent comparability study, market analysis, or projected budget that they submit to the United States department of housing and urban development or other federal agency in conjunction with the prepayment of their mortgage or loan or in anticipation of the expiration of their rental assistance contract, together with any physical inspection reports or capital needs assessments completed by the owner or federal agency within the last three years.

       Sec. 5. RCW 59.28.080 and 1989 c 188 s 8 are each amended to read as follows:

       From the date of service of the notice under RCW 59.28.040 until either twelve months have elapsed or expiration or prepayment of the rental assistance contract, mortgage, or loan, whichever is later, no owner of federally assisted housing may increase the rent of a federally assisted housing unit, or the share of the rent paid by the tenant, above the amount authorized by the federal assistance program applicable to the project prior to expiration or prepayment of the rental assistance contract or mortgage or loan.

       Sec. 6. RCW 59.28.100 and 1989 c 188 s 10 are each amended to read as follows:

       Any party who is entitled to receive notice under this chapter may bring a civil action to enjoin or recover actual damages for any violation of this chapter, together with the costs of the suit including reasonable attorneys' fees. Any tenant who is entitled to receive notice under this chapter shall also recover statutory damages of fifty dollars.

       NEW SECTION. Sec. 7. A new section is added to chapter 59.28 RCW to read as follows:

       The department of community, trade, and economic development shall within ninety days after the effective date of this act, consult with all interested stakeholders and develop and provide to owners and tenants of federally assisted housing, state and local agencies, and other interested persons all of the following:

       (1) Written information concerning the legal rights, responsibilities, and options of owners and tenants when an owner intends to prepay a mortgage or loan or terminate a rental assistance contract. This information shall include the name and telephone number of any qualified legal aid program that provides civil legal services to indigent persons and of any other state, regional, or local organization that can be contacted to request additional information about an owner's responsibilities and the rights and options of an affected tenant;

       (2) Written information sufficient to enable an owner of federally assisted housing to comply with the notification requirements of this chapter, including the name and address of any public housing agency that would be responsible for administering tenant-based rental assistance to persons who would otherwise be displaced from federally assisted housing; and

       (3) Any other information or technical assistance the department determines will further the purposes of this chapter.

       NEW SECTION. Sec. 8. A new section is added to chapter 59.28 RCW to read as follows:

       An owner of federally assisted housing who prepays the mortgage or loan or whose rental assistance contract expires and who continues to operate the property as residential housing within the scope of this chapter shall not evict a tenant residing in the dwelling unit when the mortgage or loan is prepaid or the rental assistance contract expires, except as authorized by the federal assistance program applicable to the project prior to prepayment of the mortgage or loan, or expiration of the rental assistance contract.

       Sec. 9. RCW 43.185A.010 and 1995 c 399 s 102 are each amended to read as follows:

       Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

       (1) "Affordable housing" means residential housing for rental ((or private individual ownership)) occupancy which, as long as the same is occupied by low-income households, requires payment of monthly housing costs, including utilities other than telephone, of no more than thirty percent of the family's income. The department shall adopt policies for residential homeownership housing, occupied by low-income households, which specify the percentage of family income that may be spent on monthly housing costs, including utilities other than telephone, to qualify as affordable housing.

       (2) "Department" means the department of community, trade, and economic development.

       (3) "Director" means the director of the department of community, trade, and economic development.

       (4) "First-time home buyer" means an individual or his or her spouse who have not owned a home during the three-year period prior to purchase of a home.

       (5) "Low-income household" means a single person, family or unrelated persons living together whose adjusted income is less than eighty percent of the median family income, adjusted for household size, for the county where the project is located.

       NEW SECTION. Sec. 10. 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. 11. 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


      On motion of Senator Prentice, the Senate concurred in the House amendment to Substitute Senate Bill No. 6663.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6663, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6663, as amended by the House, and the bill passed Senate by the following vote: Yeas, 32; Nays, 14; Absent, 0; Excused, 3.

     Voting yea: Senators Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Oke, Patterson, Prentice, Rasmussen, Sheahan, Sheldon, B., Shin, Snyder, Swecker, Thibaudeau, Winsley and Wojahn - 32.

     Voting nay: Senators Benton, Deccio, Finkbeiner, Hochstatter, Honeyford, Johnson, McDonald, Morton, Roach, Rossi, Sheldon, T., Stevens, West and Zarelli - 14.

     Excused: Senators Bauer, Sellar and Spanel - 3.

      SUBSTITUTE SENATE BILL NO. 6663, 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 HOUSE


March 2, 2000

MR. PRESIDENT:

      The House has passed SENATE BILL NO. 6775 with the following amendment(s):

       On page 2, line 27, beginning with "for at" strike all the matter through "commission" on line 33, and insert "((for at least two consecutive hours Monday through Friday, excluding legal holidays, between 8:00 a.m. and 8:00 p.m., as specified in the committee's statement of organization filed pursuant to RCW 42.17.040, at the principal campaign headquarters or, if there is no campaign headquarters, at the address of the campaign treasurer or such other place as may be authorized by the commission)) in the same manner as provided for candidates and other political committees in RCW 42.17.080(5)"

       On page 4, line 33, beginning with "on" strike all the matter through "42.17.040" on line 36, and insert "between 8:00 a.m. and 8:00 p.m. on the eighth day immediately before the election, ((between 8:00 a.m. and 8:00 p.m., as specified in the committee's statement of organization filed pursuant to RCW 42.17.040)) except when it is a legal holiday, in which case on the seventh day immediately before the election"

       On page 6, beginning on line 13, strike all of section 4 and insert the following:

       "Sec. 4. RCW 42.17.3691 and 1999 c 401 s 12 are each amended to read as follows:

        (1) Beginning January 1, ((2001)) 2002, each ((continuing)) candidate or political committee((,)) that expended ((ten)) twenty-five thousand dollars or more in the preceding year or expects to expend ((ten)) twenty-five thousand dollars or more ((in expenditures)) in the current year((,)) shall file all contribution reports and expenditure reports required by this chapter ((electronically by diskette or via modem, satellite, or the Internet)) by the electronic alternative provided by the commission under RCW 42.17.369. HOWEVER, the commission may make exceptions on a case-by-case basis for candidates whose authorized committees lack the technological ability to file reports using the electronic alternative provided by the commission.

       (2) Beginning January 1, 2004, each candidate or political committee that expended ten thousand dollars or more in the preceding year or expects to expend ten thousand dollars or more in the current year shall file all contribution reports and expenditure reports required by this chapter by the electronic alternative provided by the commission under RCW 42.17.369. HOWEVER, the commission may make exceptions on a case-by-case basis for candidates whose authorized committees lack the technological ability to file reports using the electronic alternative provided by the commission.

       (3) Failure by a ((continuing)) candidate or political committee to comply with this section is a violation of this chapter."

       On page 8, after line 13, insert the following:

       Sec. 7. RCW 42.52.180 and 1995 c 397 s 30 are each amended to read as follows:

       (1) No state officer or state employee may use or authorize the use of facilities of an agency, directly or indirectly, for the purpose of assisting a campaign for election of a person to an office or for the promotion of or opposition to a ballot proposition. Knowing acquiescence by a person with authority to direct, control, or influence the actions of the state officer or state employee using public resources in violation of this section constitutes a violation of this section. Facilities of an agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of state employees of the agency during working hours, vehicles, office space, publications of the agency, and clientele lists of persons served by the agency.

       (2) This section shall not apply to the following activities:

       (a) Action taken at an open public meeting by members of an elected legislative body to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition as long as (i) required notice of the meeting includes the title and number of the ballot proposition, and (ii) members of the legislative body or members of the public are afforded an approximately equal opportunity for the expression of an opposing view;

       (b) A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry. For the purposes of this subsection, it is not a violation of this section for an elected official to respond to an inquiry regarding a ballot proposition, to make incidental remarks concerning a ballot proposition in an official communication, or otherwise comment on a ballot proposition without an actual, measurable expenditure of public funds. The ethics boards shall adopt by rule a definition of measurable expenditure;

       (c) Activities that are part of the normal and regular conduct of the office or agency; ((and))

       (d) Creation of an electronic link from a web site operated by a state officer or state employee to a web site operated by the state; and

       (e) De minimis use of public facilities by state-wide elected officials and legislators incidental to the preparation or delivery of permissible communications, including written and verbal communications initiated by them of their views on ballot propositions that foreseeably may affect a matter that falls within their constitutional or statutory responsibilities.

       (3) As to state officers and employees, this section operates to the exclusion of RCW 42.17.130.”, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk

POINT OF ORDER


      Senator Goings: “Mr. President, a point of order. I believe the House amendment on page 8, after line 13, changes the scope and object of the bill as passed by the Senate.”


RULING BY THE PRESIDENT


      President Owen: “In ruling upon the point of order by Senator Goings to the scope and object of the House amendment on page 8, line 13, to Senate Bill No. 6775, the President finds that Senate Bill No. 6775 is a measure which relates only to filings with the public disclosure commission. The House amendment on page 8, after line 13, would amend the state ethics law to permit links from computers of state officers and employees to sites operated by the state. The amendment does not relate to PDC filings.

      “The President, therefore, finds that the House amendment on page 8, after line 13, does change the scope and object of the bill, and the point of order is well taken.”


      The President ruled the House amendment on page 8, after line 13, to Senate Bill No. 6775 to be out of order.


MOTIONS


      On motion of Senator Goings, the Senate refuses to concur in the House amendment on page 8, line 13, to Senate Bill No. 6775 and asks the House to recede therefrom.

      On motion of Senator Goings, the Senate concurred in the remaining three House amendments on page 2, line 27; page 4, line 33; and page 6, beginning on line 13; to Senate Bill No. 6775.


MOTION


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


MESSAGE FROM HOUSE

March 1, 2000

MR. PRESIDENT:

      The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6676 with the following amendments(s):

      Strike everything after page 1, line 6 of the amendment, and insert the following:

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

       (1) "Cable television service" means the one-way transmission to subscribers of video programming and other programming service and subscriber interaction, if any, that is required for the selection or use of the video programming or other programming service.

       (2) "Facilities" means all of the plant, equipment, fixtures, appurtenances, antennas, and other facilities necessary to furnish and deliver telecommunications services and cable television services, including but not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables, communication and signal lines and equipment, braces, guys, anchors, vaults, and all attachments, appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications services and cable television services.

       (3) "Master permit" means the agreement in whatever form whereby a city or town may grant general permission to a service provider to enter, use, and occupy the right of way for the purpose of locating facilities. This definition is not intended to limit, alter, or change the extent of the existing authority of a city or town to require a franchise nor does it change the status of a service provider asserting an existing state-wide grant based on a predecessor telephone or telegraph company's existence at the time of the adoption of the Washington state Constitution to occupy the right of way. For the purposes of this subsection, a franchise, except for a cable television franchise, is a master permit. A master permit does not include cable television franchises.

       (4) "Personal wireless services" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations.

       (5) "Right of way" means land acquired or dedicated for public roads and streets, but does not include:

       (a) State highways;

       (b) Land dedicated for roads, streets, and highways not opened and not improved for motor vehicle use by the public;

       (c) Structures, including poles and conduits, located within the right of way;

       (d) Federally granted trust lands or forest board trust lands;

       (e) Lands owned or managed by the state parks and recreation commission; or

       (f) Federally granted railroad rights of way acquired under 43 U.S.C. Sec. 912 and related provisions of federal law that are not open for motor vehicle use.

       (6) "Service provider" means every corporation, company, association, joint stock association, firm, partnership, person, city, or town owning, operating, or managing any facilities used to provide and providing telecommunications or cable television service for hire, sale, or resale to the general public. Service provider includes the legal successor to any such corporation, company, association, joint stock association, firm, partnership, person, city, or town.

       (7) "Telecommunications service" means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means for hire, sale, or resale to the general public. For the purpose of this subsection, "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. For the purpose of this chapter, telecommunications service excludes the over-the-air transmission of broadcast television or broadcast radio signals.

       (8) "Use permit" means the authorization in whatever form whereby a city or town may grant permission to a service provider to enter and use the specified right of way for the purpose of installing, maintaining, repairing, or removing identified facilities.

       NEW SECTION. Sec. 2. A city or town may grant, issue, or deny permits for the use of the right of way by a service provider for installing, maintaining, repairing, or removing facilities for telecommunications services or cable television services pursuant to ordinances, consistent with this act.

       NEW SECTION. Sec. 3. (1) Cities and towns may require a service provider to obtain a master permit. A city or town may request, but not require, that a service provider with an existing state-wide grant to occupy the right of way obtain a master permit for wireline facilities.

        (a) The procedures for the approval of a master permit and the requirements for a complete application for a master permit shall be available in written form.

        (b) Where a city or town requires a master permit, the city or town shall act upon a complete application within one hundred twenty days from the date a service provider files the complete application for the master permit to use the right of way, except:

       (i) With the agreement of the applicant; or

       (ii) Where the master permit requires action of the legislative body of the city or town and such action cannot reasonably be obtained within the one hundred twenty day period.

       (2) A city or town may require that a service provider obtain a use permit. A city or town must act on a request for a use permit by a service provider within thirty days of receipt of a completed application, unless a service provider consents to a different time period or the service provider has not obtained a master permit requested by the city or town.

       (a) For the purpose of this section, "act" means that the city makes the decision to grant, condition, or deny the use permit, which may be subject to administrative appeal, or notifies the applicant in writing of the amount of time that will be required to make the decision and the reasons for this time period.

       (b) Requirements otherwise applicable to holders of master permits shall be deemed satisfied by a holder of a cable franchise in good standing.

       (c) Where the master permit does not contain procedures to expedite approvals and the service provider requires action in less than thirty days, the service provider shall advise the city or town in writing of the reasons why a shortened time period is necessary and the time period within which action by the city or town is requested. The city or town shall reasonably cooperate to meet the request where practicable.

       (d) A city or town may not deny a use permit to a service provider with an existing state-wide grant to occupy the right of way for wireline facilities on the basis of failure to obtain a master permit.

       (3) The reasons for a denial of a master permit shall be supported by substantial evidence contained in a written record. A service provider adversely affected by the final action denying a master permit, or by an unreasonable failure to act on a master permit as set forth in subsection (1) of this section, may commence an action within thirty days to seek relief, which shall be limited to injunctive relief.

       (4) A service provider adversely affected by the final action denying a use permit may commence an action within thirty days to seek relief, which shall be limited to injunctive relief. In any appeal of the final action denying a use permit, the standard for review and burden of proof shall be as set forth in RCW 36.70C.130.

       (5) A city or town shall:

       (a) In order to facilitate the scheduling and coordination of work in the right of way, provide as much advance notice as reasonable of plans to open the right of way to those service providers who are current users of the right of way or who have filed notice with the clerk of the city or town within the past twelve months of their intent to place facilities in the city or town. A city is not liable for damages for failure to provide this notice. Where the city has failed to provide notice of plans to open the right of way consistent with this subsection, a city may not deny a use permit to a service provider on the basis that the service provider failed to coordinate with another project.

       (b) Have the authority to require that facilities are installed and maintained within the right of way in such a manner and at such points so as not to inconvenience the public use of the right of way or to adversely affect the public, health, safety, and welfare.

       (6) A service provider shall:

       (a) Obtain all permits required by the city or town for the installation, maintenance, repair, or removal of facilities in the right of way;

       (b) Comply with applicable ordinances, construction codes, regulations, and standards subject to verification by the city or town of such compliance;

       (c) Cooperate with the city or town in ensuring that facilities are installed, maintained, repaired, and removed within the right of way in such a manner and at such points so as not to inconvenience the public use of the right of way or to adversely affect the public health, safety, and welfare;

       (d) Provide information and plans as reasonably necessary to enable a city or town to comply with subsection (5) of this section, including, when notified by the city or town, the provision of advance planning information pursuant to the procedures established by the city or town;

       (e) Obtain the written approval of the facility or structure owner, if the service provider does not own it, prior to attaching to or otherwise using a facility or structure in the right of way;

       (f) Construct, install, operate, and maintain its facilities at its expense; and

       (g) Comply with applicable federal and state safety laws and standards.

       (7) Nothing in this section shall be construed as:

       (a) Creating a new duty upon city or towns to be responsible for construction of facilities for service providers or to modify the right of way to accommodate such facilities;

       (b) Creating, expanding, or extending any liability of a city or town to any third-party user of facilities or third-party beneficiary; or

       (c) Limiting the right of a city or town to require an indemnification agreement as a condition of a service provider's facilities occupying the right of way.

       (8) Nothing in this section creates, modifies, expands, or diminishes a priority of use of the right of way by a service provider or other utility, either in relation to other service providers or in relation to other users of the right of way for other purposes.

       NEW SECTION. Sec. 4. (1) A city or town shall not adopt or enforce regulations or ordinances specifically relating to use of the right of way by a service provider that:

       (a) Impose requirements that regulate the services or business operations of the service provider, except where otherwise authorized in state or federal law;

       (b) Conflict with federal or state laws, rules, or regulations that specifically apply to the design, construction, and operation of facilities or with federal or state worker safety or public safety laws, rules, or regulations;

       (c) Regulate the services provided based upon the content or kind of signals that are carried or are capable of being carried over the facilities, except where otherwise authorized in state or federal law; or

       (d) Unreasonably deny the use of the right of way by a service provider for installing, maintaining, repairing, or removing facilities for telecommunications services or cable television services.

       (2) Nothing in this chapter, including but not limited to the provisions of subsection (1)(d) of this section, limits the authority of a city or town to regulate the placement of facilities through its local zoning or police power, if the regulations do not otherwise:

       (a) Prohibit the placement of all wireless or of all wireline facilities within the city or town;




       (b) Prohibit the placement of all wireless or of all wireline facilities within city or town rights of way, unless the city or town is less than five square miles in size and has no commercial areas, in which case the city or town may make available land other than city or town rights of way for the placement of wireless facilities; or

       (c) Violate section 253 of the telecommunications act of 1996, P.L. 104-104 (110 Stat. 56).

       (3) This section does not amend, limit, repeal, or otherwise modify the authority of cities or towns to regulate cable television services pursuant to federal law.

       NEW SECTION. Sec. 5. (1) A city or town shall not place or extend a moratorium on the acceptance and processing of applications, permitting, construction, maintenance, repair, replacement, extension, operation, or use of any facilities for personal wireless services, except as consistent with the guidelines for facilities siting implementation, as agreed to on August 5, 1998, by the federal communications commission's local and state government advisory committee, the cellular telecommunications industry association, the personal communications industry association, and the American mobile telecommunications association. Any city or town implementing such a moratorium shall, at the request of a service provider impacted by the moratorium, participate with the service provider in the informal dispute resolution process included with the guidelines for facilities siting implementation.

       NEW SECTION. Sec. 6. (1) Cities and towns may require service providers to relocate authorized facilities within the right of way when reasonably necessary for construction, alteration, repair, or improvement of the right of way for purposes of public welfare, health, or safety.

       (2) Cities shall notify service providers as soon as practicable of the need for relocation and shall specify the date by which relocation shall be completed. In calculating the date that relocation must be completed, cities shall consult with affected service providers and consider the extent of facilities to be relocated, the services requirements, and the construction sequence for the relocation, within the city's overall project construction sequence and constraints, to safely complete the relocation. Service providers shall complete the relocation by the date specified, unless the city, or a reviewing court, establishes a later date for completion, after a showing by the service provider that the relocation cannot be completed by the date specified using best efforts and meeting safety and service requirements.

       (3) Service providers may not seek reimbursement for their relocation expenses from the city or town requesting relocation under subsection (1) of this section except:

       (a) Where the service provider had paid for the relocation cost of the same facilities at the request of the city or town within the past five years, the service provider's share of the cost of relocation will be paid by the city or town requesting relocation;

       (b) Where aerial to underground relocation of authorized facilities is required by the city or town under subsection (1) of this section, for service providers with an ownership share of the aerial supporting structures, the additional incremental cost of underground compared to aerial relocation, or as provided for in the approved tariff if less, will be paid by the city or town requiring relocation; and

       (c) Where the city or town requests relocation under subsection (1) of this section solely for aesthetic purposes, unless otherwise agreed to by the parties.

       (4) Where a project in subsection (1) of this section is primarily for private benefit, the private party or parties shall reimburse the cost of relocation in the same proportion to their contribution to the costs of the project. Service providers will not be precluded from recovering their costs associated with relocation required under subsection (1) of this section, provided that the recovery is consistent with subsection (3) of this section and other applicable laws.

       (5) A city or town may require the relocation of facilities at the service provider's expense in the event of an unforeseen emergency that creates an immediate threat to the public safety, health, or welfare.

       NEW SECTION. Sec. 7. A city or town may require that a service provider that is constructing, relocating, or placing ducts or conduits in public rights of way provide the city or town with additional duct or conduit and related structures necessary to access the conduit, provided that:

       (1) The city or town enters into a contract with the service provider consistent with RCW 80.36.150. The contract rates to be charged should recover the incremental costs of the service provider. If the city or town makes the additional duct or conduit and related access structures available to any other entity for the purposes of providing telecommunications or cable television service for hire, sale, or resale to the general public, the rates to be charged, as set forth in the contract with the entity that constructed the conduit or duct, shall recover at least the fully allocated costs of the service provider. The service provider shall state both contract rates in the contract. The city or town shall inform the service provider of the use, and any change in use, of the requested duct or conduit and related access structures to determine the applicable rate to be paid by the city or town.

       (2) Except as otherwise agreed by the service provider and the city or town, the city or town shall agree that the requested additional duct or conduit space and related access structures will not be used by the city or town to provide telecommunications or cable television service for hire, sale, or resale to the general public.

       (3) The city or town shall not require that the additional duct or conduit space be connected to the access structures and vaults of the service provider.

       (4) The value of the additional duct or conduit requested by a city or town shall not be considered a public works construction contract.

       (5) This section shall not affect the provision of an institutional network by a cable television provider under federal law.

       Sec. 8. RCW 35.21.860 and 1983 2nd ex.s. c 3 s 39 are each amended to read as follows:

       (1) No city or town may impose a franchise fee or any other fee or charge of whatever nature or description upon the light and power, or gas distribution businesses, as defined in RCW 82.16.010, or telephone business, as defined in RCW 82.04.065, or service provider for use of the right of way, except ((that)):

       (a) A tax authorized by RCW 35.21.865 may be imposed ((and));

       (b) A fee may be charged to such businesses or service providers that recovers actual administrative expenses incurred by a city or town that are directly related to receiving and approving a permit, license, and franchise, to inspecting plans and construction, or to the preparation of a detailed statement pursuant to chapter 43.21C RCW;

       (c) Taxes permitted by state law on service providers;

       (d) Franchise requirements and fees for cable television services as allowed by federal law; and

       (e) A site-specific charge pursuant to an agreement between the city or town and a service provider of personal wireless services acceptable to the parties for:

       (i) The placement of new structures in the right of way regardless of height, unless the new structure is the result of a mandated relocation in which case no charge will be imposed if the previous location was not charged;

       (ii) The placement of replacement structures when the replacement is necessary for the installation or attachment of wireless facilities, and the overall height of the replacement structure and the wireless facility is more than sixty feet; or

       (iii) The placement of personal wireless facilities on structures owned by the city or town located in the right of way. However, a site-specific charge shall not apply to the placement of personal wireless facilities on existing structures, unless the structure is owned by the city or town.

       A city or town is not required to approve the use permit for the placement of a facility for personal wireless services that meets one of the criteria in this subsection absent such an agreement. If the parties are unable to agree on the amount of the charge, the service provider may submit the amount of the charge to binding arbitration by serving notice on the city or town. Within thirty days of receipt of the initial notice, each party shall furnish a list of acceptable arbitrators. The parties shall select an arbitrator; failing to agree on an arbitrator, each party shall select one arbitrator and the two arbitrators shall select a third arbitrator for an arbitration panel. The arbitrator or arbitrators shall determine the charge based on comparable siting agreements involving public land and rights of way. The arbitrator or arbitrators shall not decide any other disputed issues, including but not limited to size, location, and zoning requirements. Costs of the arbitration, including compensation for the arbitrator's services, must be borne equally by the parties participating in the arbitration and each party shall bear its own costs and expenses, including legal fees and witness expenses, in connection with the arbitration proceeding.

       (2) Subsection (1) of this section does not prohibit franchise fees imposed on an electrical energy, natural gas, or telephone business, by contract existing on April 20, 1982, with a city or town, for the duration of the contract, but the franchise fees shall be considered taxes for the purposes of the limitations established in RCW 35.21.865 and 35.21.870 to the extent the fees exceed the costs allowable under subsection (1) of this section.

       NEW SECTION. Sec. 9. This act shall not preempt specific provisions in existing franchises or contracts between cities or towns and service providers.

       NEW SECTION. Sec. 10. A new section is added to chapter 35A.21 RCW to read as follows:

       Each code city is subject to the requirements and restrictions regarding facilities and rights of way under this chapter.

       NEW SECTION. Sec. 11. Sections 1 through 7 and 9 of this act constitute a new chapter in Title 35 RCW."

       On page 17, beginning on line 28 of the title amendment, after "35.21.860;" strike "reenacting and amending RCW 42.17.310;", and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk



MOTION


      Senator Brown moved that the Senate concur in the House amendments to Engrossed Substitute Senate Bill No. 6676.


POINT OF INQUIRY


      Senator Goings: “Senator Brown, the bill refers to statewide grants for some service providers. Does the bill intend to settle the issue of whether statewide franchises arising before statehood actually exist?”

      Senator Brown: “No, nothing in this bill is intended to establish or deny the existence of such statewide franchises.”

      The President declared the question before the Senate to be the motion by Senator Brown that the Senate concur in the House amendments to Engrossed Substitute Senate Bill No. 6676.

      The motion by Senator Brown carried and the Senate concurred in the House amendments to Engrossed Substitute Senate Bill No. 6676.      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6676, as amended by the House.

      Debate ensued.

ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6676, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 4; Absent, 0; Excused, 4.

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

     Voting nay: Senators Deccio, Honeyford, Long and Wojahn - 4.

     Excused: Senators Kline, Loveland, Sellar and Spanel - 4.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6676, 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 eighth order of business.


MOTION


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


SENATE RESOLUTION 2000-8765


By Senators Snyder, Spanel, West, Hale, Wojahn, Roach, Horn, Hargrove, Jacobsen, Prentice, Eide, Rasmussen, Morton, Haugen, Shin, Goings, McAuliffe, Thibaudeau, Swecker, Gardner, Bauer, Sheldon, T., Franklin, Costa, Kline, Stevens, Honeyford, Heavey, Long, Oke, Winsley, Sheldon, B., Kohl-Welles, Benton, and Fairley


      WHEREAS, All state employees eventually reach the age when it is time to retire to live off of their wealthy pensions; and

      WHEREAS, Even employees who are an integral part of their agency must depart to enjoy the golden years; and

      WHEREAS, Kandy Bruesch is about to retire from the Washington State Senate after twenty-six years of service; and

      WHEREAS, Kandy is considered an “institution within the institution”; and

      WHEREAS, Kandy has often expressed her desire to indefinitely remain a full time Senate employee, but a recent opportunity to accompany Al on their “return to the soil” by moving to a quaint but somewhat remote ranch in southeastern Idaho, has captured her zeal, imagination and enthusiasm to the point she has decided to leave us for a bonnet, a calico dress and rising with the chickens; and

      WHEREAS, Kandy Bruesch is easily the most popular Senate staff person on the tenth and twenty-fifth of each month; and

      WHEREAS, Kandy is greeted every morning with “where is my expense check?” or “why did you deny that expense?” or “why did you take out all this tax?”; and 

      WHEREAS, There has never been a merchandise catalogue printed that Kandy could not (or did not) buy from; especially if Tom Selleck was on the cover; and

      WHEREAS, Kandy is past President, current President, future President, and a member-for-life of the Tom Selleck fan club; and

      WHEREAS, The infectious laughter of Kandy Bruesch has brightened the hallways of the Legislative Building for over a quarter of a century;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate, and the colleagues and friends of Kandy Bruesch extend their heartfelt thanks for her service and her friendship; and

      BE IT FURTHER RESOLVED, That we wish Kandy much happiness in her retirement; and

      BE IT FURTHER RESOLVED, That a copy of this resolution be immediately given to Kandy asking that she not forget us.


      Senators Snyder, McCaslin, Benton and Stevens spoke to Senate Resolution 2000-8765.

      The President welcomed and introduced Kandy Bruesch, who was seated on the rostrum.

      With permission of the Senate, business was suspended and Kandy addressed the Senate.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced members of the Kandy Bruesch family, who were seated in the gallery.



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


MESSAGE FROM THE HOUSE

February 29, 2000


MR. PRESIDENT:

      The House has passed SECOND SUBSTITUTE SENATE BILL NO. 6811 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.50 RCW to read as follows:

       (1) Part-time academic employees of community and technical colleges shall receive sick leave to be used for the same illnesses, injuries, bereavement, and emergencies as full-time academic employees at the college in proportion to the individual's teaching commitment at the college.

       (2) The provisions of RCW 41.04.665 shall apply to leave sharing for part-time academic employees who accrue sick leave under subsection (1) of this section.

       (3) The provisions of RCW 28B.50.553 shall apply to remuneration for unused sick leave for part-time academic employees who accrue sick leave under subsection (1) of this section.

       Sec. 2. RCW 28B.50.489 and 1996 c 120 s 1 are each amended to read as follows:

       For the purposes of determining eligibility of state-mandated insurance ((and)), retirement benefits under RCW 28B.10.400, and sick leave for part-time academic employees in community and technical colleges, the following definitions shall be used:

       (1) "Full-time academic workload" means the number of in-class teaching hours that a full-time instructor must teach to fulfill his or her employment obligations in a given discipline in a given college. If full-time academic workload is defined in a contract adopted through the collective bargaining process, that definition shall prevail. If the full-time workload bargained in a contract includes more than in-class teaching hours, only that portion that is in-class teaching hours may be considered academic workload.

       (2) "In-class teaching hours" means contact classroom and lab hours in which full or part-time academic employees are performing contractually assigned teaching duties. The in-class teaching hours shall not include any duties performed in support of, or in addition to, those contractually assigned in-class teaching hours.

       (3) "Academic employee" in a community or technical college means any teacher, counselor, librarian, or department head who is employed by a college district, whether full or part-time, with the exception of the chief administrative officer of, and any administrator in, each college district.

       (4) "Part-time academic workload" means any percentage of a full-time academic workload for which the part-time academic employee is not paid on the full-time academic salary schedule.

       Sec. 3. RCW 28B.50.551 and 1995 c 119 s 1 are each amended to read as follows:

       The board of trustees of each college district shall adopt for each community and technical college under its jurisdiction written policies on granting leaves to employees of the district and those colleges, including but not limited to leaves for attendance at official or private institutions and conferences; professional leaves for personnel consistent with the provisions of RCW 28B.10.650; leaves for illness, injury, bereavement, and emergencies, consistent with section 1 of this act, and except as otherwise in this section provided, all with such compensation as the board of trustees may prescribe, except that the board shall grant to all such persons leave with full compensation for illness, injury, bereavement and emergencies as follows:

       (1) For persons under contract to be employed, or otherwise employed, for at least three quarters, not more than twelve days per year, commencing with the first day on which work is to be performed; provisions of any contract in force on June 12, 1980, which conflict with requirements of this subsection shall continue in effect until contract expiration; after expiration, any new contract executed between the parties shall be consistent with this subsection;

       (2)(a) Such leave entitlement may be accumulated after the first three-quarter period of employment for full-time employees, and may be taken at any time;

       (b) For part-time academic employees, such leave entitlement may be accumulated after the first quarter of employment by a college district or the first quarter after the effective date of this section, whichever is later, and may be taken at any time;

       (3) Leave for illness, injury, bereavement and emergencies heretofore accumulated pursuant to law, rule, regulation or policy by persons presently employed by college districts and community and technical colleges shall be added to such leave accumulated under this section;

       (4) Except as otherwise provided in this section or other law, accumulated leave under this section not taken at the time such person retires or ceases to be employed by college districts or community and technical colleges shall not be compensable;

       (5) Accumulated leave for illness, injury, bereavement and emergencies shall be transferred from one college district to another or between a college district and the following: Any state agency, any educational service district, any school district, or any other institution of higher education as defined in RCW 28B.10.016;

       (6) Leave accumulated by a person in a college district or community and technical college prior to leaving that district or college may, under the policy of the board of trustees, be granted to such person when he or she returns to the employment of that district or college; and

       (7) Employees of the Seattle Vocational Institute are exempt from this section until July 1, 1993.

       NEW SECTION. Sec. 4. A new section is added to chapter 28B.52 RCW to read as follows:

       With respect to the community and technical colleges part-time academic employees, the permissible scope of collective bargaining under this chapter shall be governed by section 1 of this act and RCW 28B.50.489.

       NEW SECTION. Sec. 5. Nothing contained in this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement."

       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 Second Substitute Senate Bill No. 6811.

      The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 6811, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6811, as amended by the House, and the bill passed 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.

      SECOND SUBSTITUTE SENATE BILL NO. 6811, 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. 6812 with the following amendment(s)

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 66.04.010 and 1997 c 321 § 37 are each amended to read as follows:

       In this title, unless the context otherwise requires:

       (1) "Alcohol" is that substance known as ethyl alcohol, hydrated oxide of ethyl, or spirit of wine, which is commonly produced by the fermentation or distillation of grain, starch, molasses, or sugar, or other substances including all dilutions and mixtures of this substance. The term "alcohol" does not include alcohol in the possession of a manufacturer or distiller of alcohol fuel, as described in RCW 66.12.130, which is intended to be denatured and used as a fuel for use in motor vehicles, farm implements, and machines or implements of husbandry.

       (2) "Beer" means any malt beverage or malt liquor as these terms are defined in this chapter.

       (3) "Beer distributor" means a person who buys beer from a brewer or brewery located either within or beyond the boundaries of the state, beer importers, or foreign produced beer from a source outside the state of Washington, for the purpose of selling the same pursuant to this title, or who represents such brewer or brewery as agent.

       (4) "Beer importer" means a person or business within Washington who purchases beer from a United States brewery holding a certificate of approval (B5) or foreign produced beer from a source outside the state of Washington for the purpose of selling the same pursuant to this title.

       (5) "Brewer" means any person engaged in the business of manufacturing beer and malt liquor. Brewer includes a brand owner of malt beverages who holds a brewer's notice with the federal bureau of alcohol, tobacco, and firearms at a location outside the state and whose malt beverage is contract-produced by a licensed in-state brewery, and who may exercise within the state, under a domestic brewery license, only the privileges of storing, selling to licensed beer distributors, and exporting beer from the state.

       (6) "Board" means the liquor control board, constituted under this title.

       (7) "Club" means an organization of persons, incorporated or unincorporated, operated solely for fraternal, benevolent, educational, athletic or social purposes, and not for pecuniary gain.

       (8) "Consume" includes the putting of liquor to any use, whether by drinking or otherwise.

       (9) "Dentist" means a practitioner of dentistry duly and regularly licensed and engaged in the practice of his profession within the state pursuant to chapter 18.32 RCW.

       (10) "Distiller" means a person engaged in the business of distilling spirits.

       (11) "Domestic brewery" means a place where beer and malt liquor are manufactured or produced by a brewer within the state.

       (12) "Domestic winery" means a place where wines are manufactured or produced within the state of Washington.

       (((12)))(13) "Druggist" means any person who holds a valid certificate and is a registered pharmacist and is duly and regularly engaged in carrying on the business of pharmaceutical chemistry pursuant to chapter 18.64 RCW.

       (((13)))(14) "Drug store" means a place whose principal business is, the sale of drugs, medicines and pharmaceutical preparations and maintains a regular prescription department and employs a registered pharmacist during all hours the drug store is open.

       (((14)))(15) "Employee" means any person employed by the board, including a vendor, as hereinafter in this section defined.

       (((15)))(16) "Fund" means 'liquor revolving fund.'

       (((16)))(17) "Hotel" means every building or other structure kept, used, maintained, advertised or held out to the public to be a place where food is served and sleeping accommodations are offered for pay to transient guests, in which twenty or more rooms are used for the sleeping accommodation of such transient guests and having one or more dining rooms where meals are served to such transient guests, such sleeping accommodations and dining rooms being conducted in the same building and buildings, in connection therewith, and such structure or structures being provided, in the judgment of the board, with adequate and sanitary kitchen and dining room equipment and capacity, for preparing, cooking and serving suitable food for its guests: PROVIDED FURTHER, That in cities and towns of less than five thousand population, the board shall have authority to waive the provisions requiring twenty or more rooms.

       (((17)))(18) "Importer" means a person who buys distilled spirits from a distillery outside the state of Washington and imports such spirituous liquor into the state for sale to the board or for export.

       (((18)))(19) "Imprisonment" means confinement in the county jail.

       (((19)))(20) "Liquor" includes the four varieties of liquor herein defined (alcohol, spirits, wine and beer), and all fermented, spirituous, vinous, or malt liquor, or combinations thereof, and mixed liquor, a part of which is fermented, spirituous, vinous or malt liquor, or otherwise intoxicating; and every liquid or solid or semisolid or other substance, patented or not, containing alcohol, spirits, wine or beer, and all drinks or drinkable liquids and all preparations or mixtures capable of human consumption, and any liquid, semisolid, solid, or other substance, which contains more than one percent of alcohol by weight shall be conclusively deemed to be intoxicating. Liquor does not include confections or food products that contain one percent or less of alcohol by weight.

       (((20)))(21) "Manufacturer" means a person engaged in the preparation of liquor for sale, in any form whatsoever.

       (((21)))(22) "Malt beverage" or "malt liquor" means any beverage such as beer, ale, lager beer, stout, and porter obtained by the alcoholic fermentation of an infusion or decoction of pure hops, or pure extract of hops and pure barley malt or other wholesome grain or cereal in pure water containing not more than eight percent of alcohol by weight, and not less than one-half of one percent of alcohol by volume. For the purposes of this title, any such beverage containing more than eight percent of alcohol by weight shall be referred to as "strong beer."

       (((22)))(23) "Package" means any container or receptacle used for holding liquor.

       (((23)))(24) "Permit" means a permit for the purchase of liquor under this title.

       (((24)))(25) "Person" means an individual, copartnership, association, or corporation.

       (((25)))(26) "Physician" means a medical practitioner duly and regularly licensed and engaged in the practice of his profession within the state pursuant to chapter 18.71 RCW.

       (((26)))(27) "Prescription" means a memorandum signed by a physician and given by him to a patient for the obtaining of liquor pursuant to this title for medicinal purposes.

       (((27)))(28) "Public place" includes streets and alleys of incorporated cities and towns; state or county or township highways or roads; buildings and grounds used for school purposes; public dance halls and grounds adjacent thereto; those parts of establishments where beer may be sold under this title, soft drink establishments, public buildings, public meeting halls, lobbies, halls and dining rooms of hotels, restaurants, theatres, stores, garages and filling stations which are open to and are generally used by the public and to which the public is permitted to have unrestricted access; railroad trains, stages, and other public conveyances of all kinds and character, and the depots and waiting rooms used in conjunction therewith which are open to unrestricted use and access by the public; publicly owned bathing beaches, parks, and/or playgrounds; and all other places of like or similar nature to which the general public has unrestricted right of access, and which are generally used by the public.

       (((28)))(29) "Regulations" means regulations made by the board under the powers conferred by this title.

       (((29)))(30) "Restaurant" means any establishment provided with special space and accommodations where, in consideration of payment, food, without lodgings, is habitually furnished to the public, not including drug stores and soda fountains.

       (((30)))(31) "Sale" and "sell" include exchange, barter, and traffic; and also include the selling or supplying or distributing, by any means whatsoever, of liquor, or of any liquid known or described as beer or by any name whatever commonly used to describe malt or brewed liquor or of wine, by any person to any person; and also include a sale or selling within the state to a foreign consignee or his agent in the state. "Sale" and "sell" shall not include the giving, at no charge, of a reasonable amount of liquor by a person not licensed by the board to a person not licensed by the board, for personal use only. "Sale" and "sell" also does not include a raffle authorized under RCW 9.46.0315: PROVIDED, That the nonprofit organization conducting the raffle has obtained the appropriate permit from the board.

       (((31)))(32) "Soda fountain" means a place especially equipped with apparatus for the purpose of dispensing soft drinks, whether mixed or otherwise.

       (((32)))(33) "Spirits" means any beverage which contains alcohol obtained by distillation, including wines exceeding twenty-four percent of alcohol by volume.



       (((33)))(34) "Store" means a state liquor store established under this title.

       (((34)))(35) "Tavern" means any establishment with special space and accommodation for sale by the glass and for consumption on the premises, of beer, as herein defined.

       (((35)))(36) "Vendor" means a person employed by the board as a store manager under this title.

       (((36)))(37) "Winery" means a business conducted by any person for the manufacture of wine for sale, other than a domestic winery.

       (((37)))(38) "Wine" means any alcoholic beverage obtained by fermentation of fruits (grapes, berries, apples, et cetera) or other agricultural product containing sugar, to which any saccharine substances may have been added before, during or after fermentation, and containing not more than twenty-four percent of alcohol by volume, including sweet wines fortified with wine spirits, such as port, sherry, muscatel and angelica, not exceeding twenty-four percent of alcohol by volume and not less than one-half of one percent of alcohol by volume. For purposes of this title, any beverage containing no more than fourteen percent of alcohol by volume when bottled or packaged by the manufacturer shall be referred to as "table wine," and any beverage containing alcohol in an amount more than fourteen percent by volume when bottled or packaged by the manufacturer shall be referred to as "fortified wine." However, "fortified wine" shall not include: (a) Wines that are both sealed or capped by cork closure and aged two years or more; and (b) wines that contain more than fourteen percent alcohol by volume solely as a result of the natural fermentation process and that have not been produced with the addition of wine spirits, brandy, or alcohol.

       This subsection shall not be interpreted to require that any wine be labeled with the designation "table wine" or "fortified wine."

       (((38)))(39) "Wine distributor" means a person who buys wine from a vintner or winery located either within or beyond the boundaries of the state for the purpose of selling the same not in violation of this title, or who represents such vintner or winery as agent.

       (((39)))(40) "Wine importer" means a person or business within Washington who purchases wine from a United States winery holding a certificate of approval (W7) or foreign produced wine from a source outside the state of Washington for the purpose of selling the same pursuant to this title.

       Sec. 2. RCW 66.24.240 and 1997 c 321 § 11 are each amended to read as follows:

       (1) There shall be a license for domestic breweries; fee to be two thousand dollars for production of sixty thousand barrels or more of malt liquor per year.

       (2) Any domestic brewery, except for a brand owner of malt beverages under RCW 66.04.010(5), licensed under this section may also act as a distributor and/or retailer for beer of its own production. Any domestic brewery operating as a distributor and/or retailer under this subsection shall comply with the applicable laws and rules relating to distributors and/or retailers.

       (3) Any domestic brewery licensed under this section may contract-produce beer for a brand owner of malt beverages defined under RCW 66.04.010(5), and this contract-production is not a sale for the purposes of RCW 66.28.170 and 66.28.180."

       Correct internal references accordingly. 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 Prentice, the Senate concurred in the House amendment to Substitute Senate Bill No. 6812.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6812, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6812, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, 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 - 47.

     Voting nay: Senator Hargrove - 1.

     Excused: Senator Sellar - 1.

       SUBSTITUTE SENATE BILL NO. 6812, 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 7, 2000

MR. PRESIDENT:

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

      SUBSTITUTE HOUSE BILL NO. 2378,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2588,

      SUBSTITUTE HOUSE BILL NO. 2604,

      SUBSTITUTE HOUSE BILL NO. 2670,

      HOUSE JOINT MEMORIAL NO. 4026.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk


SIGNED BY THE PRESIDENT


      The President signed:

      SUBSTITUTE SENATE BILL NO. 5924,

      SUBSTITUTE SENATE BILL NO. 6294,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6305,

      SUBSTITUTE SENATE BILL NO. 6361,

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6400,

      SENATE BILL NO. 6431,

      SUBSTITUTE SENATE BILL NO. 6454,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6455,

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6731.


MOTION


      On motion of Senator Eide, Senators Gardner and Betti Sheldon were excused.


MOTION


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

  

MESSAGE FROM THE HOUSE


March 5, 2000


MR. PRESIDENT:

      The House refuses to concur in the Senate amendment(s) to ENGROSSED HOUSE BILL NO. 2648 and asks the Senate to recede therefrom., and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk


MOTION


      On motion of Senator Patterson, the Senate receded from it amendment(s) to Engrossed House Bill No. 2648.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2648, without the Senate amendment(s).


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed House Bill No. 2648, without the Senate amendment(s), and the bill passed Senate by the following vote: Yeas, 41; Nays, 1; Absent, 1; Excused, 6.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, West, Winsley and Wojahn - 41.

     Voting nay: Senator Zarelli - 1.

     Absent: Senator Fraser - 1.

     Excused: Senators Gardner, Johnson, Sellar, Sheldon, B., Stevens and Swecker - 6.

      ENGROSSED HOUSE BILL NO. 2648, without the Senate amendment(s), 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 5, 2000

MR. PRESIDENT:

      The House refuses to concur in the Senate amendment(s) to HOUSE BILL NO. 2807 and asks the Senate to recede therefrom, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk


MOTION


      On motion of Senator Hargrove, the Senate receded from it amendment(s) to House Bill No. 2807.


MOTIONS


      On motion of Senator Hargrove, the rules were suspended, House Bill No. 2807 was returned to second reading and read the second time.

      On motion of Senator Hargrove, the following striking amendment by Senators Hargrove, Long and Costa was adopted:

      Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 74.14A.020 and 1994 sp.s. c 7 s 102 are each amended to read as follows:

       State efforts shall address the needs of children and their families, including emotionally disturbed and mentally ill children, potentially dependent children, and families-in-conflict by:

       (1) Serving children and families as a unit in the least restrictive setting available and in close proximity to the family home, consistent with the best interests and special needs of the child;

       (2) Ensuring that appropriate social and health services are provided to the family unit both prior to and during the removal of a child from the home and after family reunification;

       (3) Ensuring that the safety and best interests of the child are the paramount considerations when making placement and service delivery decisions;

       (4) Recognizing the interdependent and changing nature of families and communities, building upon their inherent strengths, maintaining their dignity and respect, and tailoring programs to their specific circumstances;

       (5) Developing and implementing comprehensive, preventive, and early intervention social and health services which have demonstrated the ability to delay or reduce the need for out-of-home placements and ameliorate problems before they become chronic or severe;

       (6) Authorizing and facilitating blended funding for children who require services and residential treatment from multiple services systems; including child welfare services, mental health, alcohol and drug, and juvenile rehabilitation;

       (7) Being sensitive to the family and community culture, norms, values, and expectations, ensuring that all services are provided in a culturally appropriate and relevant manner, and ensuring participation of racial and ethnic minorities at all levels of planning, delivery, and evaluation efforts;

       (((7))) (8)(a) Developing coordinated social and health services which:

       (i) Identify problems experienced by children and their families early and provide services which are adequate in availability, appropriate to the situation, and effective;

       (ii) Seek to bring about meaningful change before family situations become irreversibly destructive and before disturbed psychological behavioral patterns and health problems become severe or permanent;

       (iii) Serve children and families in their own homes thus preventing unnecessary out-of-home placement or institutionalization;

       (iv) Focus resources on social and health problems as they begin to manifest themselves rather than waiting for chronic and severe patterns of illness, criminality, and dependency to develop which require long-term treatment, maintenance, or custody;

       (v) Reduce duplication of and gaps in service delivery;

       (vi) Improve planning, budgeting, and communication among all units of the department and among all agencies that serve children and families; and

       (vii) Utilize outcome standards for measuring the effectiveness of social and health services for children and families.

       (b) In developing services under this subsection, local communities must be involved in planning and developing community networks that are tailored to their unique needs.

       NEW SECTION. Sec. 2. A new section is added to chapter 74.14A RCW to read as follows:

       The secretary of the department of social and health services shall charge appropriated funds to support blended funding projects for youth subject to any current or future waiver the department receives to the requirements of IV-E funding. To be eligible for blended funding a child must be eligible for services designed to address a behavioral, mental, emotional, or substance abuse issue from the department of social and health services and require services from more than one categorical service delivery system. Before any blended funding project is established by the secretary, any entity or person proposing the project shall seek input from the public health and safety network or networks established in the catchment area of the project. The network or networks shall submit recommendations on the blended funding project to the family policy council. The family policy council shall advise the secretary whether to approve the proposed blended funding project. The network shall review the proposed blended funding project pursuant to its authority to examine the decategorization of program funds under RCW 70.190.110, within the current appropriation level. The department shall document the number of children who participate in blended funding projects, the total blended funding amounts per child, the amount charged to each appropriation by program, and services provided to each child through each blended funding project and report this information to the appropriate committees of the legislature by December 1st of each year, beginning in December 1, 2000.

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

       NEW SECTION. Sec. 4. This act takes effect July 1, 2000."


MOTIONS


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

      On page 1, line 1 of the title, after "youth;" strike the remainder of the title and insert "amending RCW 74.14A.020; adding a new section to chapter 74.14A RCW; and providing an effective date."

      On motion of Senator Hargrove, the rules were suspended, House Bill No. 2807, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third, and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2807, as amended by the Senate under suspension of the rules.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2807, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 2; Excused, 5.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, T., Shin, Spanel, Thibaudeau, West, Winsley, Wojahn and Zarelli - 42.

     Absent: Senators Loveland and Snyder - 2.

     Excused: Senators Gardner, Sellar, Sheldon, B., Stevens and Swecker - 5.

      HOUSE BILL NO. 2807, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Franklin, Senator Loveland was excused.


MESSAGE FROM THE HOUSE


March 5, 2000

MR. PRESIDENT:

      The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 2912 and asks the Senate to recede therefrom, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk


MOTION


      On motion of Senator Hargrove, the Senate receded from it amendment(s) to Substitute House Bill No. 2912.


MOTIONS


      On motion of Senator Hargrove, the rules were suspended, Substitute House Bill No. 2912 was returned to second reading and read the second time.

      On motion of Senator Hargrove, the following striking amendment by Senators Hargrove, Long, Zarelli and Costa was adopted:

       Strike everything after the enacting clause and insert the following:



       "NEW SECTION. Sec. 1. (1) The department of social and health services shall report to the legislature the following information regarding children in out-of-home care who remained in out-of-home care longer than ninety days for at least one placement episode and received "fee for service" medical assistance during fiscal year 1999:

       (a) The number of children who were prescribed medication during an out-of-home care episode;

       (b) The medical diagnosis for all children on prescribed medications;

       (c) The number, types, and frequency of medications prescribed to children;

       (d) The number of children receiving multiple medications;

       (e) The number of children prescribed Ritalin; and

       (f) The total number of children in out-of-home care episodes exceeding ninety days during fiscal year 1999, and the number of those children receiving medication.

       (2) For purposes of this section, "medication" means psychotropic medication or other medication prescribed to address psychiatric or other behavioral issues.

       (3) The report is due to the legislature on or before December 15, 2000."


MOTIONS


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

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

      On motion of Senator Hargrove, the rules were suspended, Substitute House Bill No. 2912, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third, and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2912, as amended by the Senate under suspension of the rules.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2912, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

       Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, T., Spanel, Stevens, Thibaudeau, West, Winsley, Wojahn and Zarelli - 43.                Excused: Senators Loveland, Sellar, Sheldon, B., Shin, Snyder and Swecker - 6.      SUBSTITUTE HOUSE BILL NO. 2912, as amended by the Senate under suspension of the rules, 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 ENGROSSED SUBSTITUTE SENATE BILL NO. 5001 with the following amendment(s):

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 77.16.360 and 1997 c 1 s 1 are each amended to read as follows:

       (1) Notwithstanding the provisions of RCW 77.12.240 ((and 77.12.265)), 77.36.020, 77.36.030, or any other provisions of law, it is unlawful to take, hunt, or attract black bear with the aid of bait.

       (a) Nothing in this subsection shall be construed to prohibit the killing of black bear with the aid of bait by employees or agents of county, state, or federal agencies while acting in their official capacities for the purpose of protecting livestock, domestic animals, private property, or the public safety.

       (b) Nothing in this subsection shall be construed to prevent the establishment and operation of feeding stations for black bear in order to prevent damage to commercial timberland.

       (c) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of bait to attract black bear for scientific purposes.

       (d) As used in this subsection, "bait" means a substance placed, exposed, deposited, distributed, scattered, or otherwise used for the purpose of attracting black bears to an area where one or more persons hunt or intend to hunt them.

       (2) Notwithstanding RCW 77.12.240, 77.36.020, 77.36.030, or any other provisions of law, it is unlawful to hunt or pursue black bear, cougar, bobcat, or lynx with the aid of a dog or dogs.

       (a) Nothing in this subsection shall be construed to prohibit the killing of black bear, cougar, bobcat, or lynx with the aid of a dog or dogs by employees or agents of county, state, or federal agencies while acting in their official capacities for the purpose of protecting livestock, domestic animals, private property, or the public safety. A dog or dogs may be used by the owner or tenant of real property consistent with a permit issued and conditioned by the director ((under RCW 77.12.265)).

       (b) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of a dog or dogs for the pursuit, capture and relocation, of black bear, cougar, bobcat, or lynx for scientific purposes.

       (c) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of a dog or dogs for the killing of black bear, cougar, or bobcat, for the protection of a state and/or federally listed threatened or endangered species.

       (3) Notwithstanding subsection (2) of this section, the commission shall authorize the use of dogs only in selected areas within a game management unit to address a public safety need presented by one or more cougar. This authority may only be exercised after the commission has determined that no other practical alternative to the use of dogs exists, and after the commission has adopted rules describing the conditions in which dogs may be used. Conditions that may warrant the use of dogs within a game management unit include, but are not limited to, confirmed cougar/human safety incidents, confirmed cougar/livestock and cougar/pet depredations, and the number of cougar capture attempts and relocations.

       (4) A person who violates subsection (1) or (2) of this section is guilty of a gross misdemeanor. In addition to appropriate criminal penalties, the director shall revoke the hunting license of a person who violates subsection (1) or (2) of this section and a hunting license shall not be issued for a period of five years following the revocation. Following a subsequent violation of subsection (1) or (2) of this section by the same person, a hunting license shall not be issued to the person at any time.

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

       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 Jacobsen, the Senate concurred in the House amendment to Engrossed Substitute Senate Bill No. 5001.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5001, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5001, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 35; Nays, 10; Absent, 0; Excused, 4.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Finkbeiner, Franklin, Gardner, Goings, Hale, Hargrove, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Long, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, T., Shin, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 35.

     Voting nay: Senators Eide, Fairley, Fraser, Haugen, Heavey, Kline, Kohl-Welles, McAuliffe, Patterson and Thibaudeau - 10.

     Excused: Senators Loveland, Sellar, Sheldon, B. and Snyder - 4.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5001, 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 ENGROSSED SUBSTITUTE SENATE BILL NO. 6277 with the following amendment(s):

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. INTENT. It is the intent of the legislature to allow applicants for environmental permits for complex projects to compensate permitting agencies for providing environmental review through the voluntary negotiation of cost-reimbursement agreements with the permitting agency. It is the further intent of the legislature that cost-reimbursement agreements for complex projects free permitting agency resources to focus on the review of small projects permits.

       NEW SECTION. Sec. 2. A new section is added to chapter 43.21A RCW to read as follows:

       COST-REIMBURSEMENT AGREEMENT BY THE DEPARTMENT OF ECOLOGY. (1) The department may enter into a written cost-reimbursement agreement with a permit applicant for a complex project to recover from the applicant the reasonable costs incurred by the department in carrying out the requirements of this chapter, as well as the requirements of other relevant laws, as they relate to permit coordination, environmental review, application review, technical studies, and permit processing. The cost-reimbursement agreement shall identify the specific tasks, costs, and schedule for work to be conducted under the agreement. For purposes of this section, a complex project is a project for which an environmental impact statement is required under chapter 43.21C RCW.

       (2) The written cost-reimbursement agreement shall be negotiated with the permit applicant. Under the provisions of a cost-reimbursement agreement, funds from the applicant shall be used by the department to contract with an independent consultant to carry out the work covered by the cost-reimbursement agreement. The department may also use funds provided under a cost-reimbursement agreement to assign current staff to review the work of the consultant, to provide necessary technical assistance when an independent consultant with comparable technical skills is unavailable, and to recover reasonable and necessary direct and indirect costs that arise from processing the permit. The department shall, in developing the agreement, ensure that final decisions that involve policy matters are made by the agency and not by the consultant. The department shall make an estimate of the number of permanent staff hours to process the permits, and shall contract with consultants to replace the time and functions committed by these permanent staff to the project. The billing process shall provide for accurate time and cost accounting and may include a billing cycle that provides for progress payments. Use of cost-reimbursement agreements shall not reduce the current level of staff available to work on permits not covered by cost-reimbursement agreements. The department may not use any funds under a cost-reimbursement agreement to replace or supplant existing funding. The restrictions of chapter 42.52 RCW apply to any cost-reimbursement agreement, and to any person hired as a result of a cost-reimbursement agreement.

       (3) The department may not enter into any new cost-reimbursement agreements on or after July 1, 2005. The department may continue to administer any cost-reimbursement agreement which was entered into before July 1, 2005, until the project is completed.

       NEW SECTION. Sec. 3. A new section is added to chapter 43.30 RCW to read as follows:

       COST-REIMBURSEMENT AGREEMENT BY THE DEPARTMENT OF NATURAL RESOURCES. (1) The department may enter into a written cost-reimbursement agreement with a permit or lease applicant for a complex project to recover from the applicant the reasonable costs incurred by the department in carrying out the requirements of this chapter, as well as the requirements of other relevant laws, as they relate to permit coordination, environmental review, application review, technical studies, and permit or lease processing. The cost-reimbursement agreement shall identify the specific tasks, costs, and schedule for work to be conducted under the agreement. For purposes of this section, a complex project is a project for which an environmental impact statement is required under chapter 43.21C RCW. An applicant for a lease issued under chapter 79.90 RCW may not enter into a cost-reimbursement agreement under this section for projects conducted under the lease.

       (2) The written cost-reimbursement agreement shall be negotiated with the permit or lease applicant. Under the provisions of a cost-reimbursement agreement, funds from the applicant shall be used by the department to contract with an independent consultant to carry out the work covered by the cost-reimbursement agreement. The department may also use funds provided under a cost-reimbursement agreement to assign current staff to review the work of the consultant, to provide necessary technical assistance when an independent consultant with comparable technical skills is unavailable, and to recover reasonable and necessary direct and indirect costs that arise from processing the permit or lease. The department shall, in developing the agreement, ensure that final decisions that involve policy matters are made by the agency and not by the consultant. The department shall make an estimate of the number of permanent staff hours to process the permits or leases, and shall contract with consultants to replace the time and functions committed by these permanent staff to the project. The billing process shall provide for accurate time and cost accounting and may include a billing cycle that provides for progress payments. Use of cost-reimbursement agreements shall not reduce the current level of staff available to work on permits or leases not covered by cost-reimbursement agreements. The department may not use any funds under a cost-reimbursement agreement to replace or supplant existing funding. The restrictions of chapter 42.52 RCW apply to any cost-reimbursement agreement, and to any person hired as a result of a cost-reimbursement agreement.

       (3) The department may not enter into any new cost-reimbursement agreements on or after July 1, 2005. The department may continue to administer any cost-reimbursement agreement which was entered into before July 1, 2005, until the project is completed.

       (4)(a) Until July 1, 2003, the use of state-owned aquatic lands for local public utility lines owned by a nongovernmental entity shall be granted by lease if the use is consistent with the purpose of RCW 79.90.450 through 79.90.460 and does not obstruct navigation or other public uses. The total charge for the term of the lease shall be the larger of (i) an amount equal to the diminution in the property value caused by locating the utility lines on the aquatic land, based on the appraised value of the land in its current use at the time of application for the lease, or (ii) five thousand dollars. The charge shall be paid in advance upon grant of the lease. The term of the lease shall be thirty years. In addition to the charge for the lease, the department may charge a fee that recovers its actual administrative expenses directly incurred in receiving an application for the lease, approving the lease, and reviewing plans for and construction of the utility lines. A final decision on existing applications for leases shall be made within one hundred twenty days. The department shall process and come to a final decision on a maximum of five new applications submitted by each nongovernmental entity per year. Upon request of the applicant, the department may reach a decision on an application within sixty days and charge an additional fee for such an expedited processing in the amount of ten percent of the total rent.

       (b) The utilities and aquatic lands task force is created. The task force is composed of the following: Two members of the house of representatives, one from each major caucus, appointed by the co-speakers of the house of representatives; two members of the senate, one from each major caucus, appointed by the president of the senate; two members from the department of natural resources; one member from nonprofit electric utilities; and one member from investor-owned electric utilities. The utilities and aquatic lands task force shall study charges made for the lease or easement of aquatic lands for local public utility lines, and, by July 1, 2001, must recommend to the legislature any changes from current practice found appropriate.

       NEW SECTION. Sec. 4. A new section is added to chapter 43.70 RCW to read as follows:

       COST-REIMBURSEMENT AGREEMENT BY THE DEPARTMENT OF HEALTH. (1) The department may enter into a written cost-reimbursement agreement with a permit applicant for a complex project to recover from the applicant the reasonable costs incurred by the department in carrying out the requirements of this chapter, as well as the requirements of other relevant laws, as they relate to permit coordination, environmental review, application review, technical studies, and permit processing.

The cost-reimbursement agreement shall identify the specific tasks, costs, and schedule for work to be conducted under the agreement. For purposes of this section, a complex project is a project for which an environmental impact statement is required under chapter 43.21C RCW.

       (2) The written cost-reimbursement agreement shall be negotiated with the permit applicant. Under the provisions of a cost-reimbursement agreement, funds from the applicant shall be used by the department to contract with an independent consultant to carry out the work covered by the cost-reimbursement agreement. The department may also use funds provided under a cost-reimbursement agreement to assign current staff to review the work of the consultant, to provide necessary technical assistance when an independent consultant with comparable technical skills is unavailable, and to recover reasonable and necessary direct and indirect costs that arise from processing the permit. The department shall, in developing the agreement, ensure that final decisions that involve policy matters are made by the agency and not by the consultant. The department shall make an estimate of the number of permanent staff hours to process the permits, and shall contract with consultants to replace the time and functions committed by these permanent staff to the project. The billing process shall provide for accurate time and cost accounting and may include a billing cycle that provides for progress payments. Use of cost-reimbursement agreements shall not reduce the current level of staff available to work on permits not covered by cost-reimbursement agreements. The department may not use any funds under a cost-reimbursement agreement to replace or supplant existing funding. The restrictions of chapter 42.52 RCW apply to any cost-reimbursement agreement, and to any person hired as a result of a cost-reimbursement agreement.

       (3) The department may not enter into any new cost-reimbursement agreements on or after July 1, 2005. The department may continue to administer any cost-reimbursement agreement which was entered into before July 1, 2005, until the project is completed.

       NEW SECTION. Sec. 5. A new section is added to chapter 43.300 RCW to read as follows:

       COST-REIMBURSEMENT AGREEMENT BY THE DEPARTMENT OF FISH AND WILDLIFE. (1) The department may enter into a written cost-reimbursement agreement with a permit applicant for a complex project to recover from the applicant the reasonable costs incurred by the department in carrying out the requirements of this chapter, as well as the requirements of other relevant laws, as they relate to permit coordination, environmental review, application review, technical studies, and permit processing. The cost-reimbursement agreement shall identify the specific tasks, costs, and schedule for work to be conducted under the agreement. For purposes of this section, a complex project is a project for which an environmental impact statement is required under chapter 43.21C RCW.

       (2) The written cost-reimbursement agreement shall be negotiated with the permit applicant. Under the provisions of a cost-reimbursement agreement, funds from the applicant shall be used by the department to contract with an independent consultant to carry out the work covered by the cost-reimbursement agreement. The department may also use funds provided under a cost-reimbursement agreement to assign current staff to review the work of the consultant, to provide necessary technical assistance when an independent consultant with comparable technical skills is unavailable, and to recover reasonable and necessary direct and indirect costs that arise from processing the permit. The department shall, in developing the agreement, ensure that final decisions that involve policy matters are made by the agency and not by the consultant. The department shall make an estimate of the number of permanent staff hours to process the permits, and shall contract with consultants to replace the time and functions committed by these permanent staff to the project. The billing process shall provide for accurate time and cost accounting and may include a billing cycle that provides for progress payments. Use of cost-reimbursement agreements shall not reduce the current level of staff available to work on permits not covered by cost-reimbursement agreements. The department may not use any funds under a cost-reimbursement agreement to replace or supplant existing funding. The restrictions of chapter 42.52 RCW apply to any cost-reimbursement agreement, and to any person hired as a result of a cost-reimbursement agreement.

       (3) The department may not enter into any new cost-reimbursement agreements on or after July 1, 2005. The department may continue to administer any cost-reimbursement agreement which was entered into before July 1, 2005, until the project is completed.

       NEW SECTION. Sec. 6. A new section is added to chapter 70.94 RCW to read as follows:

       COST-REIMBURSEMENT AGREEMENT BY AN AIR POLLUTION CONTROL AUTHORITY. (1) An authority may enter into a written cost-reimbursement agreement with a permit applicant for a complex project to recover from the applicant the reasonable costs incurred by the authority in carrying out the requirements of this chapter, as well as the requirements of other relevant laws, as they relate to permit coordination, environmental review, application review, technical studies, and permit processing. The cost-reimbursement agreement shall identify the specific tasks, costs, and schedule for work to be conducted under the agreement. For purposes of this section, a complex project is a project for which an environmental impact statement is required under chapter 43.21C RCW.

       (2) The written cost-reimbursement agreement shall be negotiated with the permit applicant. Under the provisions of a cost-reimbursement agreement, funds from the applicant shall be used by the air pollution control authority to contract with an independent consultant to carry out the work covered by the cost-reimbursement agreement. The air pollution control authority may also use funds provided under a cost-reimbursement agreement to assign current staff to review the work of the consultant, to provide necessary technical assistance when an independent consultant with comparable technical skills is unavailable, and to recover reasonable and necessary direct and indirect costs that arise from processing the permit. The air pollution control authority shall, in developing the agreement, ensure that final decisions that involve policy matters are made by the agency and not by the consultant. The air pollution control authority shall make an estimate of the number of permanent staff hours to process the permits, and shall contract with consultants to replace the time and functions committed by these permanent staff to the project. The billing process shall provide for accurate time and cost accounting and may include a billing cycle that provides for progress payments. Use of cost-reimbursement agreements shall not reduce the current level of staff available to work on permits not covered by cost-reimbursement agreements. The air pollution control authority may not use any funds under a cost-reimbursement agreement to replace or supplant existing funding. The provisions of chapter 42.52 RCW apply to any cost-reimbursement agreement, and to any person hired as a result of a cost-reimbursement agreement. Members of the air pollution control authority's board of directors shall be considered as state officers, and employees of the air pollution control authority shall be considered as state employees, for the sole purpose of applying the restrictions of chapter 42.52 RCW to this section.

       (3) An air pollution control authority may not enter into any new cost-reimbursement agreements on or after July 1, 2005. The department may continue to administer any cost-reimbursement agreement which was entered into before July 1, 2005, until the project is completed.

       NEW SECTION. Sec. 7. A new section is added to chapter 90.03 RCW to read as follows:

       Any applicant for a new withdrawal or a change, transfer, or amendment of a water right pending before the department, may initiate a cost-reimbursement agreement with the department to provide expedited review of the application. A cost-reimbursement agreement may only be initiated under this section if the applicant agrees to pay for, or as part of a cooperative effort agrees to pay for, the cost of processing his or her application and all other applications from the same source of supply which must be acted upon before the applicant's request because they were filed prior to the date of when the applicant filed. The department shall use the process established under section 2 of this act for entering into cost-reimbursement agreements, except that it is not necessary for an environmental impact statement to be filed as a prerequisite for entering into a cost-reimbursement agreement under this section.

       NEW SECTION. Sec. 8. Captions used in this act are not any part of the law.

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

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

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk


POINT OF ORDER


      Senator Fraser: “Mr. President, I rise to a point of order. I request a ruling from the President that the House amendment in Section 3, Subsection (4) to Engrossed Substitute Senate Bill No. 6277 is beyond the scope and object of the bill. The underlying bill is a measure that would provide the authority for four specific state agencies, the Department of Ecology, the Department of Fish and Wildlife, the Department of Health and the Department of Natural Resources and local air pollution control agencies to recover certain costs for processing environmental permits and leases. The bill, as it left the Senate dealt only with the matter of processing permits. It is voluntary and it allows the applicants to negotiate with one or more of these agencies to enter into an agreement for the agency to recover these application processing costs in order to get expedited attention on the permit.

      “The bill has identical authorizing language in the five chapters of the RCWs in which these four state agencies and the local air quality agencies are created. The amendment, I believe, goes far beyond the subject of processing and cost reimbursement, to amend substantive law relating to some of these permits and leases. Specifically, the Subsection in question amends the state’s Aquatic Lands Act to establish standards for leases, including the cost of those leases and that would have implications for the prices to be paid for them and revenues to the Aquatic Land’s Enhancement Account. It also establishes a thirty year term and it also creates a committee to study further lease price changes.

      “So, this is beyond the scope and object, because it deals with the substance rather than the process. Further, by adding substantive lease of aquatic lands price to the bill. It brings into another category of government, namely port districts. I would also like to point out that there is a potential constitutional problem with the amendment because it attempts to amend portions of the Aquatic Lands Act by reference rather than setting out those references in full. I urge you to rule that this is beyond the scope and object of the bill.”

      Debate ensued.


RULING BY THE PRESIDENT


      President Owen: “In ruling upon the point of order raised by Senator Fraser to the scope and object of the House striking amendment to Engrossed Substitute Senate Bill No. 6277, the President finds that the measure relates only to cost reimbursement agreements for applicants for public land leases and environmental permits.

      “The House striking amendment also concerns cost reimbursement agreements. However, the amendment would also do the following: (1) require the department of natural resources to grant utility easements under some circumstances; and (2) create a utilities and aquatic lands task force.

      “ Because the striking amendment contains these two provisions, the President finds that the amendment is outside the scope and object of the bill, and the point of order is well taken.”

 

      The President ruled that the House striking amendment to Engrossed Substitute Senate Bill No. 6277 to be out of order.


MOTION


      Senator Fraser moved that the Senate refuse to concur in the House amendment to Engrossed Substitute Senate Bill No. 6277 and asks the House to recede therefrom.


POINT OF ORDER


      Senator Heavey: “A point of order. Mr. President. I thought if the President had banged the gavel on the ruling that the bill went back to Rules and was dead essentially.”


RULING BY THE PRESIDENT


      President Owen: “Senator Heavey, in responding to your point or order, you are correct that the President did drop the gavel, but it did not refer the bill to committee as required in the rules. The dropping of the gavel was not in response to my referring the bill from this body to the Rules Committee. The practice has traditionally been to give the members the opportunity after the ruling to decide what the members would like to do with that measure.

      “Therefore, the measure is appropriately before us and Senator Fraser’s motion is appropriately before us as well.”

      The President declared the question before the Senate to be the motion by Senator Fraser that the Senate refuse to concur in the House amendment to Engrossed Substitute Senate Bill No. 6277.

      The motion by Senator Fraser carried and the Senate refuses to concur in the House amendment to Engrossed Substitute Senate Bill No. 6277.

MESSAGE FROM THE HOUSE


March 6, 2000

MR. PRESIDENT:

      The House refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2380 and asks the Senate to recede therefrom, 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 receded from its amendment(s) to Engrossed Substitute House Bill No. 2380.


MOTIONS


      On motion of Senator Thibaudeau, the rules were suspended, Engrossed Substitute House Bill No. 2380 was returned to second reading and read the second time.

      Senator Thibaudeau moved that the following striking amendment be adopted:

      Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 18.20.020 and 1998 c 272 s 14 are each amended to read as follows:

       As used in this chapter:

       (1) "Aged person" means a person of the age sixty-five years or more, or a person of less than sixty-five years who by reason of infirmity requires domiciliary care.

       (2) "Boarding home" means any home or other institution, however named, which is advertised, announced, or maintained for the express or implied purpose of providing board and domiciliary care to ((three)) seven or more aged persons not related by blood or marriage to the operator. ((It)) However, a boarding home that is licensed to provide board and domiciliary care to three to six persons on the effective date of this act may maintain its boarding home license as long as it is continually licensed as a boarding home. "Boarding home" shall not include facilities certified as group training homes pursuant to RCW 71A.22.040, nor any home, institution or section thereof which is otherwise licensed and regulated under the provisions of state law providing specifically for the licensing and regulation of such home, institution or section thereof. Nor shall it include any independent senior housing, independent living units in continuing care retirement communities, or other similar living situations including those subsidized by the department of housing and urban development.

       (3) "Person" means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof.

       (4) "Secretary" means the secretary of social and health services.

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

       (((6) "Authorized department" means any city, county, city-county health department or health district authorized by the secretary to carry out the provisions of this chapter.))

       Sec. 2. RCW 18.20.040 and 1957 c 253 s 4 are each amended to read as follows:

       An application for a license shall be made to the department ((or authorized department)) upon forms provided by ((either of said departments)) the department and shall contain such information as the department reasonably requires, which shall include affirmative evidence of ability to comply with such rules ((and regulations)) as are lawfully ((promulgated)) adopted by the ((board)) department.

       Sec. 3. RCW 18.20.050 and 1987 c 75 s 3 are each amended to read as follows:

       Upon receipt of an application for license, if the applicant and the boarding home facilities meet the requirements established under this chapter, the department ((or the department and the authorized health department jointly,)) shall issue a license. If there is a failure to comply with the provisions of this chapter or the standards((,)) and rules((, and regulations promulgated)) adopted pursuant thereto, the department((, or the department and authorized health department,)) may in its discretion issue to an applicant for a license, or for the renewal of a license, a provisional license which will permit the operation of the boarding home for a period to be determined by the department, ((or the department and authorized health department,)) but not to exceed twelve months, which provisional license shall not be subject to renewal. At the time of the application for or renewal of a license or provisional license the licensee shall pay a license fee as established by the department under RCW 43.20B.110. ((When the license or provisional license is issued jointly by the department and authorized health department, the license fee shall be paid to the authorized health department.)) All licenses issued under the provisions of this chapter shall expire on a date to be set by the department, but no license issued pursuant to this chapter shall exceed twelve months in duration((: PROVIDED, That)). However, when the annual license renewal date of a previously licensed boarding home is set by the department on a date less than twelve months prior to the expiration date of a license in effect at the time of reissuance, the license fee shall be prorated on a monthly basis and a credit be allowed at the first renewal of a license for any period of one month or more covered by the previous license. All applications for renewal of a license shall be made not later than thirty days prior to the date of expiration of the license. Each license shall be issued only for the premises and persons named in the application, and no license shall be transferable or assignable. Licenses shall be posted in a conspicuous place on the licensed premises.

       Sec. 4. RCW 18.20.110 and 1985 c 213 s 7 are each amended to read as follows:

       The department ((or authorized health department)) shall make or cause to be made at least a yearly inspection and investigation of all boarding homes. Every inspection shall focus primarily on actual or potential resident outcomes, and may include an inspection of every part of the premises and an examination of all records (other than financial records), methods of administration, the general and special dietary, and the stores and methods of supply. Following such an inspection or inspections, written notice of any violation of this law or the rules ((and regulations promulgated)) adopted hereunder((,)) shall be given to the applicant or licensee and the department. The department may prescribe by ((regulations)) rule that any licensee or applicant desiring to make specified types of alterations or additions to its facilities or to construct new facilities shall, before commencing such alteration, addition, or new construction, submit plans and specifications therefor to the ((department or to the authorized department)) agencies responsible for plan reviews for preliminary inspection and approval or recommendations with respect to compliance with the ((regulations)) rules and standards herein authorized.

       Sec. 5. RCW 18.20.120 and 1994 c 214 s 25 are each amended to read as follows:

       All information received by the department ((or authorized health department)) through filed reports, inspections, or as otherwise authorized under this chapter((,)) shall not be disclosed publicly in any manner as to identify individuals or boarding homes, except at the specific request of a member of the public and disclosure is consistent with RCW 42.17.260(1).

       Sec. 6. RCW 18.20.130 and 1995 c 369 s 4 are each amended to read as follows:

       Standards for fire protection and the enforcement thereof, with respect to all boarding homes to be licensed hereunder, shall be the responsibility of the chief of the Washington state patrol, through the director of fire protection, who shall adopt such recognized standards as may be applicable to boarding homes for the protection of life against the cause and spread of fire and fire hazards. The department, upon receipt of an application for a license, shall submit to the chief of the Washington state patrol, through the director of fire protection, in writing, a request for an inspection, giving the applicant's name and the location of the premises to be licensed. Upon receipt of such a request, the chief of the Washington state patrol, through the director of fire protection, or his or her deputy, shall make an inspection of the boarding home to be licensed, and if it is found that the premises do not comply with the required safety standards and fire ((regulations)) rules as ((promulgated)) adopted by the chief of the Washington state patrol, through the director of fire protection, he or she shall promptly make a written report to the boarding home and the department ((or authorized department)) as to the manner and time allowed in which the premises must qualify for a license and set forth the conditions to be remedied with respect to fire ((regulations)) rules. The department, ((authorized department,)) applicant, or licensee shall notify the chief of the Washington state patrol, through the director of fire protection, upon completion of any requirements made by him or her, and the chief of the Washington state patrol, through the director of fire protection, or his or her deputy, shall make a reinspection of such premises. Whenever the boarding home to be licensed meets with the approval of the chief of the Washington state patrol, through the director of fire protection, he or she shall submit to the department ((or authorized department,)) a written report approving same with respect to fire protection before a full license can be issued. The chief of the Washington state patrol, through the director of fire protection, shall make or cause to be made inspections of such homes at least annually.

       In cities which have in force a comprehensive building code, the provisions of which are determined by the chief of the Washington state patrol, through the director of fire protection, to be equal to the minimum standards of the code for boarding homes adopted by the chief of the Washington state patrol, through the director of fire protection, the chief of the fire department, provided the latter is a paid chief of a paid fire department, shall make the inspection with the chief of the Washington state patrol, through the director of fire protection, or his or her deputy, and they shall jointly approve the premises before a full license can be issued.

       Sec. 7. RCW 18.20.190 and 1998 c 272 s 15 are each amended to read as follows:

       (1) The department of social and health services is authorized to take one or more of the actions listed in subsection (2) of this section in any case in which the department finds that a boarding home provider has:

       (a) Failed or refused to comply with the requirements of this chapter or the rules adopted under this chapter;

       (b) Operated a boarding home without a license or under a revoked license;

       (c) Knowingly, or with reason to know, made a false statement of material fact on his or her application for license or any data attached thereto, or in any matter under investigation by the department; or

       (d) Willfully prevented or interfered with any inspection or investigation by the department.

       (2) When authorized by subsection (1) of this section, the department may take one or more of the following actions:

       (a) Refuse to issue a license;

       (b) Impose reasonable conditions on a license, such as correction within a specified time, training, and limits on the type of clients the provider may admit or serve;

       (c) Impose civil penalties of not more than one hundred dollars per day per violation;

       (d) Suspend, revoke, or refuse to renew a license; or



       (e) Suspend admissions to the boarding home by imposing stop placement.

       (3) When the department orders stop placement, the facility shall not admit any new resident until the stop placement order is terminated. The department may approve readmission of a resident to the facility from a hospital or nursing home during the stop placement. The department shall terminate the stop placement when: (a) The violations necessitating the stop placement have been corrected; and (b) the provider exhibits the capacity to maintain adequate care and service.

       (4) RCW 43.20A.205 governs notice of a license denial, revocation, suspension, or modification. Chapter 34.05 RCW applies to department actions under this section, except that orders of the department imposing license suspension, stop placement, or conditions for continuation of a license are effective immediately upon notice and shall continue pending any hearing.

       NEW SECTION. Sec. 8. A new section is added to chapter 18.20 RCW to read as follows:

       (1) In an effort to ensure a cooperative process among the department, boarding home provider representatives, and resident and family representatives on matters pertaining to the boarding home program, the secretary, or his or her designee, shall designate an advisory board. The advisory board must include representatives of the state-wide boarding home associations, the state long-term care ombudsman program, the state-wide resident council program, consumers, and family representatives. Depending on the topic to be discussed, the department may invite other representatives in addition to the named members of the advisory board. The secretary, or his or her designee, shall periodically, but not less than quarterly, convene a meeting of the advisory board to encourage open dialogue on matters affecting the boarding home program. It is, minimally, expected that the department will discuss with the advisory board the department's inspection, enforcement, and quality improvement activities, in addition to seeking their comments and recommendations on matters described under subsection (2) of this section.

       (2) The secretary, or his or her designee, shall seek comments and recommendations from the advisory board prior to the adoption of rules and standards, implementation of boarding home provider programs, or development of methods and rates of payment.

       (3) For the purpose of implementing this section, "department" means either the department of health or the department of social and health services, depending on which department has the licensing authority under this chapter.

       Sec. 9. 1998 c 272 s 24 (uncodified) is amended to read as follows:

       (1) Section((s)) 13 ((through 16)) of this act expires July 1, 2000((, unless reauthorized by the legislature)).

       (2) Section 17 of this act expires December 12, 1999.

       NEW SECTION. Sec. 10. The following acts or parts of acts are each repealed:

       (1) RCW 18.20.060 (Actions against license) and 1991 c 3 s 35, 1989 c 175 s 60, 1985 c 213 s 5, & 1957 c 253 s 6; and

       (2) RCW 18.20.100 (Enforcement by local authorities--Authorization) and 1979 c 141 s 26 & 1957 c 253 s 10.

       NEW SECTION. Sec. 11. This act takes effect July 1, 2000."

       Debate ensued.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senator Thibaudeau, under suspension of the rules.

      The motion by Senator Thibaudeau carried and the striking amendment was adopted.


MOTIONS


      On motion of Senator Thibaudeau the following title amendment was adopted:

       On page 1, line 1 of the title, after "homes;" strike the remainder of the title and insert "amending RCW 18.20.020, 18.20.040, 18.20.050, 18.20.110, 18.20.120, 18.20.130, and 18.20.190; amending 1998 c 272 s 24 (uncodified); adding a new section to chapter 18.20 RCW; repealing RCW 18.20.060 and 18.20.100; and providing an effective date."

      On motion of Senator Thibaudeau, the rules were suspended, Engrossed Substitute House Bill No. 2380, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third, and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2380, as amended by the Senate under suspension of the rules.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2380, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.

       Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.                Absent: Senators Finkbeiner and McDonald - 2.            Excused: Senator Sellar - 1.       ENGROSSED SUBSTITUTE HOUSE BILL NO. 2380, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Honeyford, Senator Rossi was excused.


MOTION


      On motion of Senator Franklin, Senator Wojahn was excused.


MESSAGE FROM THE HOUSE

March 6, 2000


MR. PRESIDENT:

      The House refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2647 and asks the Senate bo recede therefrom, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk




MOTION


      On motion of Senator Fairley, the Senate receded from its amendment(s) to Engrossed Substitute House Bill No. 2647.


MOTIONS


      On motion of Senator Fairley, the rules were suspended, Engrossed Substitute House Bill No. 2647 was returned to second reading and read the second time.

      On motion of Senator Fairley, the following striking amendment was adopted under suspension of the rules.

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. EMERGENCY RULES. (1) The director of the department of labor and industries shall adopt emergency rules that take effect no later than June 1, 2000, revising any safety standards governing flaggers.

       (2) The transportation commission shall adopt emergency rules that take effect no later than June 1, 2000, revising any safety standards governing flaggers.

       (3) The utilities and transportation commission shall adopt emergency rules that take effect no later than June 1, 2000, revising any safety standards governing flaggers.

       (4) Notwithstanding RCW 34.05.350, the emergency rules adopted pursuant to this section shall remain in effect or be adopted in sequence until March 1, 2001, or the effective date of the permanent rules adopted pursuant to section 2 of this act, whichever is earlier.

       (5) The emergency rules adopted pursuant to this section shall be designed to improve options available to ensure the safety of flaggers, and ensure that flaggers have adequate visual warning of objects approaching from behind them.

       (6) In developing emergency rules adopted pursuant to this section, state agencies and commissions shall consult with other persons with an interest in improving safety standards for flaggers. State agencies and commissions shall report, by September 15, 2000, to the senate labor and workforce development committee and the house of representatives commerce and labor committee on the emergency rules adopted pursuant to this section.

       NEW SECTION. Sec. 2. PERMANENT RULES. (1) The director of the department of labor and industries shall adopt permanent rules that take effect no later than March 1, 2001, revising any safety standards governing flaggers.

       (2) The transportation commission shall adopt permanent rules that take effect no later than March 1, 2001, revising any safety standards governing flaggers.

       (3) The utilities and transportation commission shall adopt permanent rules that take effect no later than March 1, 2001, revising any safety standards and employment qualifications governing flaggers.

       (4) The permanent rules adopted pursuant to this section shall be designed to improve options available to ensure the safety of flaggers, ensure that flaggers have adequate visual warning of objects approaching from behind them, and, with respect to the utilities and transportation commission rules, update employment qualifications for flaggers.

       (5) In developing permanent rules adopted pursuant to this section, state agencies and commissions shall consult with other persons with an interest in improving safety standards and updating employment qualifications for flaggers. State agencies and commissions shall coordinate and make consistent, to the extent possible, permanent rules. State agencies and commissions shall report, by April 22, 2001, to the senate labor and workforce development committee and the house of representatives commerce and labor committee on the permanent rules adopted pursuant to this section.

       Sec. 3. RCW 9.91.020 and 1915 c 165 s 2 are each amended to read as follows:

       Every person who, being employed upon any railway, as engineer, motorman, gripman, conductor, switch tender, fireman, bridge tender, ((flagman)) flagger, or signalman, or having charge of stations, starting, regulating or running trains upon a railway, or being employed as captain, engineer or other officer of a vessel propelled by steam, or being the driver of any animal or vehicle upon any public highway, street, or other public place, ((shall be)) is intoxicated while engaged in the discharge of any such duties, shall be guilty of a gross misdemeanor.

       Sec. 4. RCW 46.61.015 and 1995 c 50 s 1 are each amended to read as follows:

       No person shall willfully fail or refuse to comply with any lawful order or direction of any duly authorized ((flagman)) flagger or any police officer or fire fighter invested by law with authority to direct, control, or regulate traffic.

       A violation of this section is a misdemeanor.

       Sec. 5. RCW 46.61.190 and 1975 c 62 s 27 are each amended to read as follows:

       (1) Preferential right of way may be indicated by stop signs or yield signs as authorized in RCW 47.36.110.

       (2) Except when directed to proceed by a duly authorized ((flagman)) flagger, or a police officer, or a fire fighter vested by law with authority to direct, control, or regulate traffic, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line, but if none, before entering a marked crosswalk on the near side of the intersection or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the roadway, and after having stopped shall yield the right of way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time when such driver is moving across or within the intersection or junction of roadways.

       (3) The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions and if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering a marked crosswalk on the near side of the intersection or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the roadway, and then after slowing or stopping, the driver shall yield the right of way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection or junction of roadways: PROVIDED, That if such a driver is involved in a collision with a vehicle in the intersection or junction of roadways, after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of ((his)) the driver's failure to yield right of way.

       Sec. 6. RCW 46.61.340 and 1965 ex.s. c 155 s 46 are each amended to read as follows:

       (1) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad, and shall not proceed until ((he can do so)) the crossing can be made safely. The foregoing requirements shall apply when:

       (a) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;

       (b) A crossing gate is lowered or when a human ((flagman)) flagger gives or continues to give a signal of the approach or passage of a railroad train;

       (c) An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.

       (2) No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.

       Sec. 7. RCW 46.61.355 and 1975 c 62 s 32 are each amended to read as follows:

       (1) No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of ten or less miles per hour or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than nine inches, measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with this section.

       (2) Notice of any such intended crossing shall be given to the station agent of such railroad located nearest the intended crossing sufficiently in advance to allow such railroad a reasonable time to prescribe proper protection for such crossing.

       (3) Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than fifteen feet nor more than fifty feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely.

       (4) No such crossing shall be made when warning is given by automatic signal or crossing gates or a ((flagman)) flagger or otherwise of the immediate approach of a railroad train or car. If a ((flagman)) flagger is provided by the railroad, movement over the crossing shall be under ((his)) the flagger's direction.

       Sec. 8. RCW 47.36.220 and 1961 c 13 s 47.36.220 are each amended to read as follows:

       Each driver of a motor vehicle used in connection with such construction, repair, or maintenance work shall obey traffic signs posted for, and ((flagman)) flaggers stationed at such location in the same manner and under the same restrictions as is required for the driver of any other vehicle.

       NEW SECTION. Sec. 9. Sections 1 and 2 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately.

       NEW SECTION. Sec. 10. Sections 1 and 2 of this act may be known and cited as the "Kim Vendl Worker Safety Act."

       NEW SECTION. Sec. 11.