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FIFTY EIGHTH LEGISLATURE - REGULAR SESSION
___________________________________________________________________________________________
SEVENTY NINTH DAY
___________________________________________________________________________________________
House Chamber, Olympia, Tuesday, April 1, 2003
The House was called to order at 9:55 a.m. by the Speaker (Representative Lovick presiding).
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
RESOLUTION
HOUSE RESOLUTION NO. 2003-4649, By Representatives Kristiansen, Pearson, Bailey, Sehlin, Berkey and McCoy
WHEREAS, Hi-Q is a rigorously academic extracurricular activity initiated in Pennsylvania in 1946, and in Washington State in 1976; and
WHEREAS, The Hi-Q program focuses on educational excellence, fosters enthusiasm for knowledge, and encourages learning through an enjoyable program; and
WHEREAS, The Hi-Q program requires extensive reading and preparation in more than a dozen subjects before every competition; and
WHEREAS, The Marysville-Pilchuck Hi-Q team won first place at the Everett Community College Hi-Q championship; and
WHEREAS, This great achievement by the Marysville-Pilchuck Hi-Q team reminds all Washington State students of the value of studying, learning, and setting goals;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington applaud the outstanding effort, hard work, and discipline put forth by the Marysville-Pilchuck Hi-Q coaches: Alison Welch and Jeff Riechel, and team members: Ian Britten, Cameron Gilmore, Danny Hayman, Jeff Peloquin, and Jacob Vawter, to take first place at the Everett Community College Hi-Q championship; and
BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to each Hi-Q coach, Hi-Q Team Members, and the Principal of Marysville-Pilchuck High School.
House Resolution No. 4649 was adopted.
INTRODUCTION & FIRST READING
HB 2237 by Representatives Linville, Chandler and Fromhold
AN ACT Relating to water discharge fees; and amending RCW 90.48.465.
Referred to Committee on Appropriations.
HB 2238 by Representative Quall
AN ACT Relating to eliminating the communication portion of the Washington assessment of student learning; and amending RCW 28A.655.060.
Referred to Committee on Appropriations.
There being no objection, the bills listed on the day's introduction sheet under the fourth order of business were referred to the committees so designated.
REPORTS OF STANDING COMMITTEES
March 28, 2003
HB 2215 Prime Sponsor, Representative Murray: Allowing car dealers to charge documentary service fees. Reported by Committee on Transportation
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Murray, Chairman; Rockefeller, Vice Chairman; Ericksen, Ranking Minority Member; Jarrett, Assistant Ranking Minority Member; Armstrong; Bailey; Campbell; Clibborn; Cooper; Dickerson; Flannigan; Hankins; Hatfield; Hudgins; Lovick; Morris; Nixon; Romero; Shabro; Simpson; Sullivan; Wood and Woods.
MINORITY recommendation: Do not pass. Signed by Representatives Anderson and Kristiansen.
Placed on Second Reading.March 28, 2003
HB 2228 Prime Sponsor, Representative Murray: Extending commute trip reduction incentives. Reported by Committee on Transportation
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Murray, Chairman; Rockefeller, Vice Chairman; Ericksen, Ranking Minority Member; Jarrett, Assistant Ranking Minority Member; Anderson; Armstrong; Bailey; Campbell; Clibborn; Cooper; Dickerson; Flannigan; Hankins; Hatfield; Hudgins; Kristiansen; Lovick; Morris; Nixon; Romero; Shabro; Simpson; Sullivan; Wallace; Wood and Woods.
Placed on Second Reading.March 28, 2003
HB 2229 Prime Sponsor, Representative Murray: Revising sales and use tax equalization payments. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Representatives Murray, Chairman; Rockefeller, Vice Chairman; Armstrong; Bailey; Campbell; Clibborn; Cooper; Dickerson; Flannigan; Hankins; Hatfield; Hudgins; Lovick; Morris; Romero; Shabro; Simpson; Sullivan; Wallace; Wood and Woods.
MINORITY recommendation: Do not pass. Signed by Representatives Ericksen, Ranking Minority Member; Jarrett, Assistant Ranking Minority Member; Anderson; Kristiansen and Nixon.
Placed on Second Reading.March 28, 2003
HB 2230 Prime Sponsor, Representative Murray: Sharing certain fees with the multimodal transportation account. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Representatives Murray, Chairman; Rockefeller, Vice Chairman; Ericksen, Ranking Minority Member; Jarrett, Assistant Ranking Minority Member; Armstrong; Bailey; Campbell; Clibborn; Cooper; Dickerson; Flannigan; Hankins; Hatfield; Hudgins; Kristiansen; Lovick; Morris; Nixon; Romero; Shabro; Simpson; Sullivan; Wallace; Wood and Woods.
MINORITY recommendation: Do not pass. Signed by Representatives Anderson.
Placed on Second Reading.March 28, 2003
HB 2231 Prime Sponsor, Representative Murray: Authorizing transportation financing alternatives. Reported by Committee on Transportation
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Murray, Chairman; Rockefeller, Vice Chairman; Jarrett, Assistant Ranking Minority Member; Clibborn; Cooper; Dickerson; Flannigan; Hankins; Hatfield; Hudgins; Lovick; Morris; Romero; Simpson; Sullivan; Wallace; Wood and Woods.
MINORITY recommendation: Do not pass. Signed by Representatives Ericksen, Ranking Minority Member; Anderson; Armstrong; Bailey; Campbell; Kristiansen; Nixon and Shabro.
Placed on Second Reading.March 28, 2003
HB 2232 Prime Sponsor, Representative Murray: Authorizing the sale of bonds for highway improvements. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Representatives Murray, Chairman; Rockefeller, Vice Chairman; Jarrett, Assistant Ranking Minority Member; Campbell; Clibborn; Cooper; Dickerson; Flannigan; Hankins; Hatfield; Hudgins; Lovick; Morris; Romero; Simpson; Sullivan; Wallace; Wood and Woods.
MINORITY recommendation: Do not pass. Signed by Representatives Ericksen, Ranking Minority Member; Anderson; Armstrong; Bailey; Kristiansen; Nixon and Shabro.
Placed on Second Reading.March 28, 2003
SB 5011 Prime Sponsor, Senator Jacobsen: Promoting wildlife viewing. Reported by Committee on Fisheries, Ecology & Parks
MAJORITY recommendation: Do pass as amended:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 77.12 RCW to read as follows:
The department shall manage wildlife programs in a manner that provides for public opportunities to view wildlife and supports wildlife viewing tourism without impairing the state's wildlife resources.
NEW SECTION. Sec. 2. (1) The departments of fish and wildlife and community, trade, and economic development shall host a working conference on promoting wildlife viewing tourism. The objective of the conference shall be to adopt a strategic plan and specific implementing actions to promote wildlife viewing tourism in Washington in a manner that both provides sustainable economic development in the state's rural areas and supports maintaining the state's wildlife diversity.
(2) The departments shall work with interested local governments, state agencies, visitor and convention bureaus, the hospitality industry, tourism development organizations, and tour operators and wildlife conservation organizations in preparing for and conducting the conference. The departments shall guide preparation for the conference by surveying programs and activities in other states and compiling information on current programs, infrastructure, and promotional activities regarding wildlife viewing tourism in Washington. To enhance the effectiveness of the conference and its products, the departments shall seek to frame issues and outline options for improvement through white papers and preliminary meetings with interest groups.
(3) Among the topics that the departments and interest groups should address at the conference are:
(a) Strategies to increase revenues and benefits to Washington communities with wildlife viewing resources that have identified tourism as part of their economic development strategy;
(b) Strengthening the wildlife viewing tourism elements of gateway community partnerships among state and local transportation, economic development, and parks and wildlife agencies;
(c) Providing leadership and services by state agencies to assist local communities to assess their local wildlife viewing resources and to market tourism centered upon such resources;
(d) Developing proposals to increase state funding to local communities to implement local wildlife viewing tourism plans, including assessing resources, providing infrastructure specific to wildlife viewing tourism, festival development, and marketing; and
(e) Promoting wildlife viewing tourism as an element of tourism related to the Lewis and Clark bicentennial commemoration.
(4) The departments shall schedule the conference at a time sufficient to prepare a summary of the conference proceedings and proposals for legislative funding to be submitted to the appropriate committees of the legislature no later than December 15, 2003."
Correct the title.
Signed by Representatives Cooper, Chairman; Berkey, Vice Chairman; Sump, Ranking Minority Member; Hinkle, Assistant Ranking Minority Member; Buck; Hatfield; O'Brien; Pearson and Upthegrove.
Passed to Committee on Rules for second reading.March 28, 2003
SB 5049 Prime Sponsor, Senator Roach: Designating veterans' history awareness month. Reported by Committee on State Government
MAJORITY recommendation: Do pass. Signed by Representatives Haigh, Chairman; Miloscia, Vice Chairman; Armstrong, Ranking Minority Member; Shabro, Assistant Ranking Minority Member; Hunt; McDermott; Nixon; Tom and Wallace.
Passed to Committee on Rules for second reading.March 31, 2003
ESSB 5079 Prime Sponsor, Senate Committee On Education: Promoting natural science, wildlife, and environmental education. Reported by Committee on Education
MAJORITY recommendation: Do pass. Signed by Representatives Quall, Chairman; McDermott, Vice Chairman; Tom, Assistant Ranking Minority Member; Anderson; Cox; Haigh; Hunter; McMahan; Rockefeller and Santos.
Passed to Committee on Rules for second reading.
March 27, 2003
SSB 5105 Prime Sponsor, Senate Committee On Education: Ensuring the quality and availability of educational interpreters. Reported by Committee on Education
MAJORITY recommendation: Do pass as amended:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that there is currently no requirement for educational interpreters for deaf and hard of hearing students to be certified or to meet standardized qualifications or competencies.
NEW SECTION. Sec. 2. By November 30, 2004, the office of the superintendent of public instruction shall conduct a comprehensive review and analysis of the qualifications and competencies required of education interpreters who assist deaf and hearing impaired students. The office shall make recommendations to the governor, appropriate legislative committees, and the state board of education on the following options:
(1) Requiring that all educational interpreters for deaf students and hard of hearing students to meet national registry standards;
(2) Requiring the state board of education or the office of the superintendent of public instruction, as appropriate, to establish competencies for educational interpreters;
(3) Requiring the office of the superintendent of public instruction, in cooperation with institutions of higher education that have a deaf studies program, to provide a training program for educational interpreters. The training program should be accessible to all areas of Washington through a combination of interactive video conferences, online courses, and face-to-face classes; and
(4) Any other option that the office deems viable to increase and maintain the quality and availability of educational interpreters in a fiscally responsible manner."
Signed by Representatives Quall, Chairman; McDermott, Vice Chairman; Talcott, Ranking Minority Member; Tom, Assistant Ranking Minority Member; Anderson; Cox; Haigh; Hunter; McMahan; Rockefeller and Santos.
Passed to Committee on Rules for second reading.
March 28, 2003
SB 5134 Prime Sponsor, Senator Carlson: Changing border county higher education opportunities. Reported by Committee on Higher Education
MAJORITY recommendation: Do pass. Signed by Representatives Kenney, Chairman; Fromhold, Vice Chairman; Cox, Ranking Minority Member; Priest, Assistant Ranking Minority Member; Berkey; Condotta; Gombosky; Jarrett; Lantz; McCoy and Morrell.
MINORITY recommendation: Do not pass. Signed by Representatives Clements.
Passed to Committee on Rules for second reading.
March 28, 2003
SB 5156 Prime Sponsor, Senator Winsley: Describing the duties of the combined fund drive. Reported by Committee on State Government
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 41.04.033 and 2002 c 61 s 4 are each amended to read as follows:
The director of the department of personnel is authorized to adopt rules, after consultation with state agencies, institutions of higher education, and employee organizations, to create a Washington state combined fund drive committee and for the operation of the Washington state combined fund drive.
NEW SECTION. Sec. 2. A new section is added to chapter 41.04 RCW to read as follows:
The Washington state combined fund drive's powers and duties include but are not limited to the following:
(1) Raising money for charity, and reducing the disruption to government caused by multiple fund drives;
(2) Establishing criteria by which a public or private nonprofit organization may participate in the combined fund drive;
(3) Engaging in or encouraging fund-raising activities including the solicitation and acceptance of charitable gifts, grants, and donations from state employees, retired public employees, corporations, foundations, and other individuals for the benefit of the beneficiaries of the Washington state combined fund drive;
(4) Requesting the appointment of employees from state agencies and institutions of higher education to lead and manage workplace charitable giving campaigns within state government;
(5) Engaging in educational activities, including classes, exhibits, seminars, workshops, and conferences, related to the basic purpose of the combined fund drive;
(6) Engaging in appropriate fund-raising and advertising activities for the support of the administrative duties of the Washington state combined fund drive; and
(7) Charging an administrative fee to the beneficiaries of the Washington state combined fund drive to fund the administrative duties of the Washington state combined fund drive.
Activities of the Washington state combined fund drive shall not result in direct commercial solicitation of state employees, or a benefit or advantage that would violate one or more provisions of chapter 42.52 RCW. This section does not authorize individual state agencies to enter into contracts or partnerships unless otherwise authorized by law.
NEW SECTION. Sec. 3. A new section is added to chapter 41.04 RCW to read as follows:
The Washington state combined fund drive committee may enter into contracts and partnerships with private institutions, persons, firms, or corporations for the benefit of the beneficiaries of the Washington state combined fund drive. Activities of the Washington state combined fund drive shall not result in direct commercial solicitation of state employees, or a benefit or advantage that would violate one or more provisions of chapter 42.52 RCW. This section does not authorize individual state agencies to enter into contracts or partnerships unless otherwise authorized by law."
Correct the title.
Signed by Representatives Haigh, Chairman; Miloscia, Vice Chairman; Armstrong, Ranking Minority Member; Shabro, Assistant Ranking Minority Member; Hunt; McDermott; Nixon; Tom and Wallace.
Passed to Committee on Rules for second reading.
March 28, 2003
SSB 5168 Prime Sponsor, Senate Committee On Children & Family Services & Corrections: Authorizing reduction of interest on legal financial obligations. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass. Signed by Representatives Lantz, Chairman; Moeller, Vice Chairman; Carrell, Ranking Minority Member; McMahan, Assistant Ranking Minority Member; Campbell; Flannigan; Kirby; Lovick and Newhouse.
Passed to Committee on Rules for second reading.
March 28, 2003
SSB 5169 Prime Sponsor, Senate Committee On Children & Family Services & Corrections: Changing provisions relating to court-ordered restitution in certain criminal cases. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass. Signed by Representatives Lantz, Chairman; Moeller, Vice Chairman; Carrell, Ranking Minority Member; McMahan, Assistant Ranking Minority Member; Campbell; Flannigan; Kirby; Lovick and Newhouse.
Passed to Committee on Rules for second reading.
March 28, 2003
SSB 5204 Prime Sponsor, Senate Committee On Parks, Fish & Wildlife: Providing opportunities for wildlife viewing. Reported by Committee on Fisheries, Ecology & Parks
MAJORITY recommendation: Do pass. Signed by Representatives Cooper, Chairman; Berkey, Vice Chairman; Sump, Ranking Minority Member; Hinkle, Assistant Ranking Minority Member; Buck; Hatfield; O'Brien; Pearson and Upthegrove.
Passed to Committee on Rules for second reading.
March 28, 2003
SSB 5218 Prime Sponsor, Senate Committee On Government Operations & Elections: Requiring timely mailing of ballots. Reported by Committee on State Government
MAJORITY recommendation: Do pass as amended.
On page 2, line 11, after "mailed." strike all words through "candidates." on line 14.
Signed by Representatives Haigh, Chairman; Miloscia, Vice Chairman; Armstrong, Ranking Minority Member; Shabro, Assistant Ranking Minority Member; Hunt; McDermott; Nixon; Tom and Wallace.
Passed to Committee on Rules for second reading.
March 28, 2003
ESSB 5223 Prime Sponsor, Senate Committee On Children & Family Services & Corrections: Authorizing mental health advance directives. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass. Signed by Representatives Lantz, Chairman; Moeller, Vice Chairman; Carrell, Ranking Minority Member; McMahan, Assistant Ranking Minority Member; Campbell; Flannigan; Kirby; Lovick and Newhouse.
Referred to Committee on Appropriations.
March 31, 2003
SSB 5240 Prime Sponsor, Senate Committee On Education: Including a classified employee on the Washington professional educator standards board. Reported by Committee on Education
MAJORITY recommendation: Do pass. Signed by Representatives Quall, Chairman; McDermott, Vice Chairman; Talcott, Ranking Minority Member; Tom, Assistant Ranking Minority Member; Anderson; Cox; Haigh; Hunter; McMahan; Rockefeller and Santos.
Passed to Committee on Rules for second reading.
March 28, 2003
ESB 5256 Prime Sponsor, Senator Roach: Revising rule-making procedures. Reported by Committee on State Government
MAJORITY recommendation: Do pass. Signed by Representatives Haigh, Chairman; Miloscia, Vice Chairman; Armstrong, Ranking Minority Member; Shabro, Assistant Ranking Minority Member; Hunt; McDermott; Nixon; Tom and Wallace.
Passed to Committee on Rules for second reading.
March 28, 2003
ESSB 5269 Prime Sponsor, Senate Committee On Judiciary: Creating a building mapping information system. Reported by Committee on State Government
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature recognizes the extreme dangers present when the safety of our citizens requires first responders such as police and fire fighters to evacuate and secure a building. In an effort to prepare for responding to unintended disasters, criminal acts, and acts of terrorism, the legislature intends to create a statewide first responder building mapping information system that will provide all first responders with the information they need to be successful when disaster strikes. The first responder building mapping system in this act is to be developed for a limited and specific purpose and is in no way to be construed as imposing standards or system requirements on any other mapping systems developed and used for any other local government purposes.
NEW SECTION. Sec. 2. A new section is added to chapter 36.28A RCW to read as follows:
(1) When funded, the Washington Association of Sheriffs and Police Chiefs shall create and operate a statewide first responder building mapping information system.
(2) All state agencies and local governments must utilize building mapping software that complies with the building mapping software standards established under section 3 of this act for any building mapped for this purpose after the statewide first responder building mapping information system is operational. If, prior to creation of the statewide building mapping information system, a local government has utilized building mapping software standards established under section 3 of this act, the local government may continue to use its own building mapping system unless the Washington association of sheriffs and police chiefs provides funding to bring the local government's system in compliance with the standards established under section 3 of this act.
(3) All state and local government-owned buildings that are occupied by state or local government employees must be mapped when funding is provided by the Washington association of sheriffs and police chiefs, or from other sources. Nothing in this act requires any state agency or local government to map a building unless the entire cost of mapping the building is provided by the Washington association of sheriffs and police chiefs, or from other sources.
(4) Once the statewide first responder building mapping information system is operational, all state and local government buildings that are mapped must forward their building mapping information data to the Washington association of sheriffs and police chiefs. All participating privately, federally, and tribally owned buildings may voluntarily forward their mapping and emergency information data to the Washington association of sheriffs and police chiefs. The Washington association of sheriffs and police chiefs may refuse any building mapping information that does not comply with the specifications described in section 3 of this act.
(5) Consistent with the guidelines developed under section 3 of this act, the Washington association of sheriffs and police chiefs shall electronically make the building mapping information available to all state, local, federal, and tribal law enforcement agencies, the military department of Washington state, and fire departments.
(6) Consistent with the guidelines developed under section 3 of this act, the Washington association of sheriffs and police chiefs shall develop building mapping software standards that must be used to participate in the statewide first responder building mapping information system.
(7) The Washington association of sheriffs and police chiefs shall pursue federal funds to:
(a) Create the statewide first responder building mapping information system; and
(b) Develop grants for the mapping of all state and local government buildings in the order determined under section 3 of this act.
(8) All tactical and intelligence information provided to the Washington association of sheriffs and police chiefs under this act is exempt from public disclosure as provided in RCW 42.17.310(1)(d).
NEW SECTION. Sec. 3. A new section is added to chapter 36.28A RCW to read as follows:
(1) The Washington association of sheriffs and police chiefs in consultation with the Washington state emergency management office, the Washington association of county officials, the Washington association of cities, the information services board, the Washington state fire chiefs' association, and the Washington state patrol shall convene a committee to establish guidelines related to the statewide first responder building mapping information system. The committee shall have the following responsibilities:
(a) Develop the type of information to be included in the statewide first responder building mapping information system. The information shall include, but is not limited to: Floor plans, fire protection information, evacuation plans, utility information, known hazards, and text and digital images showing emergency personnel contact information;
(b) Develop building mapping software standards that must be utilized by all entities participating in the statewide first responder building mapping information system;
(c) Determine the order in which buildings shall be mapped when funding is received;
(d) Develop guidelines on how the information shall be made available. These guidelines shall include detailed procedures and security systems to ensure that the information is only made available to the government entity that either owns the building or is responding to an incident at the building;
(e) Recommend training guidelines regarding using the statewide first responder building mapping information system to the criminal justice training commission and the Washington state patrol fire protection bureau.
(2)(a) Nothing in this section supersedes the authority of the information services board under chapter 43.105 RCW.
(b) Nothing in this section supersedes the authority of state agencies and local governments to control and maintain access to information within their independent systems.
NEW SECTION. Sec. 4. A new section is added to chapter 36.28A RCW to read as follows:
Units of local government and their employees, as provided in RCW 36.28A.010, are immune from civil liability for damages arising out of the creation and use of the statewide first responder building mapping information system, unless it is shown that an employee acted with gross negligence or bad faith."
Correct the title.
Signed by Representatives Haigh, Chairman; Miloscia, Vice Chairman; Armstrong, Ranking Minority Member; Shabro, Assistant Ranking Minority Member; Hunt; McDermott; Nixon; Tom and Wallace.
Passed to Committee on Rules for second reading.
March 28, 2003
ESSB 5270 Prime Sponsor, Senate Committee On Judiciary: Creating a law enforcement mobilization policy board and plan. Reported by Committee on State Government
MAJORITY recommendation: Do pass as amended.
On page 6, line 18, after "chapter" strike "36.28A" and insert "43.43"
Correct the title
Signed by Representatives Haigh, Chairman; Miloscia, Vice Chairman; Armstrong, Ranking Minority Member; Shabro, Assistant Ranking Minority Member; Hunt; McDermott; Nixon; Tom and Wallace.
Referred to Committee on Appropriations.
March 28, 2003
SB 5273 Prime Sponsor, Senator Roach: Extending the use of veterans' scoring criteria in employment examinations. Reported by Committee on State Government
MAJORITY recommendation: Do pass. Signed by Representatives Haigh, Chairman; Miloscia, Vice Chairman; Armstrong, Ranking Minority Member; Shabro, Assistant Ranking Minority Member; Hunt; McDermott; Nixon; Tom and Wallace.
Passed to Committee on Rules for second reading.
March 28, 2003
SB 5587 Prime Sponsor, Senator Fairley: Requiring voting devices to be accessible to individuals with disabilities. Reported by Committee on State Government
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 29.33 RCW to read as follows:
(1) The secretary of state shall adopt rules and establish standards for voting technology and systems used by the state or any political subdivision to be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation, including privacy and independence, as other voters.
(2) At each polling location, at least one voting unit certified by the secretary of state shall provide access to individuals who are blind or visually impaired.
(3) Compliance with this provision in regard to voting technology and systems purchased prior to the effective date of this section shall be achieved at the time of procurement of an upgrade of technology compatible with nonvisual voting methods or replacement of existing voting equipment or systems.
(4) Compliance with subsections (2) and (3) of this section is contingent on available funds to implement this provision.
(5) For purposes of this section, the following definitions apply:
(a) "Accessible" includes receiving, using, selecting and manipulating voter data and controls.
(b) "Nonvisual" includes synthesized speech, Braille, and other output methods.
(c) "Blind and visually impaired" excludes persons who are both deaf and blind.
(6) This section does not apply to voting by absentee ballot."
Signed by Representatives Haigh, Chairman; Miloscia, Vice Chairman; Armstrong, Ranking Minority Member; Shabro, Assistant Ranking Minority Member; Hunt; McDermott; Nixon; Tom and Wallace.
Passed to Committee on Rules for second reading.
March 28, 2003
SSB 5601 Prime Sponsor, Senate Committee On Judiciary: Limiting liability for physicians providing care at community clinics. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass. Signed by Representatives Lantz, Chairman; Moeller, Vice Chairman; Carrell, Ranking Minority Member; McMahan, Assistant Ranking Minority Member; Lovick and Newhouse.
MINORITY recommendation: Do not pass. Signed by Representatives Campbell; Flannigan and Kirby.
Passed to Committee on Rules for second reading.
March 27, 2003
SB 5653 Prime Sponsor, Senator Sheahan: Expanding "residency" for purposes of attending Washington public schools. Reported by Committee on Education
MAJORITY recommendation: Do pass as amended:
On page 1, line 17, after "(2)" strike "Any" and insert "Until July 1, 2006, any"
Signed by Representatives Quall, Chairman; McDermott, Vice Chairman; Talcott, Ranking Minority Member; Tom, Assistant Ranking Minority Member; Anderson; Cox; Haigh; Hunter; McMahan; Rockefeller and Santos.
Passed to Committee on Rules for second reading.
March 28, 2003
SSB 5748 Prime Sponsor, Senate Committee On Highways & Transportation: Implementing performance audits of transportation-related agencies. Reported by Committee on Transportation
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. It is essential that the legislature improve the accountability and efficiency of transportation-related agencies and measure transportation system performance against benchmarks established in chapter 5, Laws of 2002. Taxpayers must know that their tax dollars are being well spent to deliver critically needed transportation projects and services. To accomplish this, the legislative transportation committee will oversee a system of transportation performance reviews and audits established to provide oversight and accountability of transportation agencies.
NEW SECTION. Sec. 2. A new section is added to chapter 44.40 RCW to read as follows:
The definitions in this section apply throughout this chapter.
(1) "Committee" means the legislative transportation committee.
(2) "Legislative auditor" has the meaning contained in chapter 44.28 RCW.
(3) "Performance audit" has the meaning contained in chapter 44.28 RCW.
(4) "Performance review" means an evaluation of how a state agency uses its performance measures to assess the outcomes of its legislatively authorized activities.
(5) "Program audit" has the meaning contained in chapter 44.28 RCW.
(6) "Transportation-related agencies" means any state agency, board, or commission that receives funding primarily for transportation-related purposes. At a minimum, the department of transportation, the Washington state patrol, the department of licensing, the transportation improvement board or its successor entity, the county road administration board or its successor entity, and the traffic safety commission are considered transportation-related agencies.
NEW SECTION. Sec. 3. A new section is added to chapter 44.40 RCW to read as follows:
(1) The legislative transportation committee shall review the performance and outcome measures of transportation-related agencies. The purpose of these reviews is to ensure that the legislature has the means to adequately and accurately assess the performance and outcomes of those agencies and departments. Where two or more agencies have shared responsibility for functions or priorities of government, the performance reviews may also determine whether effective interagency cooperation and collaboration occurs in areas such as program coordination, administrative structures, information systems, and administration of grants and loans.
(2) In conducting these reviews, the legislative transportation committee may work with the joint legislative audit and review committee, the office of financial management, and other state agencies as needed.
(3) The committee shall determine the occurrence and frequency of the performance reviews. In setting the schedule and the extent of performance reviews, the committee shall consider the timing and results of other recent state, federal, and independent reviews and audits, the seriousness of past findings, any inadequate remedial action taken by an agency or department, whether an agency or department lacks performance and outcome measures, and the desirability to include a diverse range of agencies or programs each year.
NEW SECTION. Sec. 4. A new section is added to chapter 44.40 RCW to read as follows:
The performance reviews by the committee may include, but are not limited to:
(1) A determination of whether the performance and outcome measures are consistent with legislative mandates, strategic plans, mission statements, and goals and objectives, and whether the legislature has established clear mandates, strategic plans, mission statements, and goals and objectives that lend themselves to performance and outcome measurement;
(2) An examination of how agency management uses the measures to manage resources in an efficient and effective manner;
(3) An assessment of how performance benchmarks are established for the purpose of assessing overall performance compared to external standards and benchmarks;
(4) An examination of how an analysis of the measurement data is used to make planning and operational improvements;
(5) A determination of how performance and outcome measures are used in the budget planning, development, and allotment processes and the extent to which the agency is in compliance with its responsibilities under RCW 43.88.090;
(6) A review of how performance data are reported to and used by the legislature both in policy development and resource allocation;
(7) An assessment of whether the performance measure data are reliable and collected in a uniform and timely manner;
(8) A determination of whether targeted funding investments and established priorities of government actually produce the intended and expected services and benefits; and
(9) Recommendations as necessary or appropriate.
NEW SECTION. Sec. 5. A new section is added to chapter 44.40 RCW to read as follows:
(1) After reviewing the performance or outcome measures and benchmarks of a transportation-related agency or department, or at any time it so determines, the committee shall determine if a full performance or program audit of an agency or department, or a specific program within the agency or department, is appropriate. The committee, or its executive committee, may request the joint legislative audit and review committee to conduct performance or program audits, or it may retain a private consultant to do so. The committee shall pay for all costs associated with audits requested and pursued by them.
(2) In addition to the definitions in this chapter of what a performance or program audit is comprised of, the audits sought by the committee may also assess activity areas. Audits of this nature would be designed to augment the information collected under a performance or program audit and would at a minimum, include identifying the entities and agencies involved in or connected to a specific activity, and assessing and determining the impact the activity has on each entity and agency involved.
NEW SECTION. Sec. 6. A new section is added to chapter 44.40 RCW to read as follows:
In conducting performance or program audits, the legislative auditor with the joint legislative audit and review committee, or the private consultant retained by the committee, shall determine in writing the scope of an audit requested by the committee or its executive committee. The committee, or its executive committee, must approve the final scope of the audit. In determining the scope, the legislative auditor and the committee, or its executive committee, shall consider inclusion of the following elements:
(1) Identification of potential cost savings in the agency, its programs, and its services;
(2) Identification and recognition of best practices;
(3) Identification of funding to the agency, to programs, and to services that can be eliminated or reduced;
(4) Identification of programs and services that can be eliminated, reduced, or transferred to the private sector;
(5) Analysis of gaps and overlaps in programs and services and recommendations for improving, dropping, blending, or separating functions to correct gaps or overlaps;
(6) Analysis and recommendations for pooling information technology systems;
(7) Analysis of the roles and functions of the agency, its programs, and its services and their compliance with statutory authority and recommendations for eliminating or changing those roles and functions and ensuring compliance with statutory authority;
(8) Recommendations for eliminating or changing statutes, rules, and policy directives as may be necessary to ensure that the agency carry out reasonably and properly those functions expressly vested in the department by statute; and
(9) Verification of the reliability and validity of department performance data, self-assessments, and performance measurement systems as required under RCW 43.88.090.
NEW SECTION. Sec. 7. A new section is added to chapter 44.40 RCW to read as follows:
(1) When conducting a full performance audit of an agency or department, or a specific program within an agency or department, or multiple agencies, in accordance with section 5 of this act, the legislative auditor or private consultant, as determined by the committee, shall solicit input from appropriate industry representatives or experts.
(2) The completed audit report must include but not be limited to the following: (a) Make recommendations regarding the continuation, abolition, consolidation, or reorganization of each affected agency, department, or program; (b) identify opportunities to develop government partnerships, and eliminate program redundancies that will result in increased quality, effectiveness, and efficiency of state agencies.
(3) Completed performance audits must be presented to the committee or its executive committee. Published performance audits must be made available to the public through the legislative transportation committee's web site and through customary public communications. Final reports must also be transmitted to the appropriate policy and fiscal standing committees of the legislature, the office of financial management, and the affected agencies and entities.
NEW SECTION. Sec. 8. The committee shall take steps to ensure that the department of transportation is the first agency subject to the performance review and audit process established in this act.
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.
Signed by Representatives Murray, Chairman; Rockefeller, Vice Chairman; Ericksen, Ranking Minority Member; Jarrett, Assistant Ranking Minority Member; Anderson; Armstrong; Bailey; Campbell; Clibborn; Cooper; Dickerson; Flannigan; Hankins; Hatfield; Hudgins; Kristiansen; Lovick; Morris; Nixon; Romero; Shabro; Simpson; Sullivan; Wallace; Wood and Woods.
Placed on Second Reading.
March 28, 2003
ESSB 5766 Prime Sponsor, Senate Committee On Government Operations & Elections: Providing businesses with notice of certain administrative rules. Reported by Committee on State Government
MAJORITY recommendation: Do pass. Signed by Representatives Haigh, Chairman; Miloscia, Vice Chairman; Armstrong, Ranking Minority Member; Shabro, Assistant Ranking Minority Member; Hunt; McDermott; Nixon; Tom and Wallace.
Referred to Committee on Appropriations.
March 28, 2003
SSB 5861 Prime Sponsor, Senate Committee On Government Operations & Elections: Making it a crime to impersonate a veteran of the armed forces. Reported by Committee on State Government
MAJORITY recommendation: Do pass. Signed by Representatives Haigh, Chairman; Miloscia, Vice Chairman; Armstrong, Ranking Minority Member; Shabro, Assistant Ranking Minority Member; Hunt; McDermott; Nixon; Tom and Wallace.
Passed to Committee on Rules for second reading.
March 28, 2003
SB 5898 Prime Sponsor, Senator Oke: Studying recreational boating safety. Reported by Committee on Fisheries, Ecology & Parks
MAJORITY recommendation: Do pass. Signed by Representatives Cooper, Chairman; Berkey, Vice Chairman; Sump, Ranking Minority Member; Hinkle, Assistant Ranking Minority Member; Buck; Hatfield; O'Brien; Pearson and Upthegrove.
Passed to Committee on Rules for second reading.
March 28, 2003
ESB 5938 Prime Sponsor, Senator Finkbeiner: Updating financial responsibility laws for vessels. Reported by Committee on Fisheries, Ecology & Parks
MAJORITY recommendation: Do pass. Signed by Representatives Cooper, Chairman; Berkey, Vice Chairman; Sump, Ranking Minority Member; Hinkle, Assistant Ranking Minority Member; Buck; Hatfield; O'Brien; Pearson and Upthegrove.
Passed to Committee on Rules for second reading.
March 28, 2003
SB 5989 Prime Sponsor, Senator Haugen: Representing pilots on the board of pilotage commissioners. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Representatives Murray, Chairman; Rockefeller, Vice Chairman; Ericksen, Ranking Minority Member; Jarrett, Assistant Ranking Minority Member; Anderson; Armstrong; Bailey; Campbell; Clibborn; Cooper; Dickerson; Flannigan; Hankins; Hatfield; Hudgins; Kristiansen; Lovick; Morris; Nixon; Romero; Shabro; Simpson; Sullivan; Wallace; Wood and Woods.
Passed to Committee on Rules for second reading.
March 28, 2003
SJM 8004 Prime Sponsor, Senator Morton: Requesting that British Columbia refrain from releasing grizzly bears near our common border. Reported by Committee on Fisheries, Ecology & Parks
MAJORITY recommendation: Do pass. Signed by Representatives Cooper, Chairman; Berkey, Vice Chairman; Sump, Ranking Minority Member; Hinkle, Assistant Ranking Minority Member; Buck; Hatfield; O'Brien and Pearson.
MINORITY recommendation: Do not pass. Signed by Representatives Upthegrove.
Passed to Committee on Rules for second reading.
March 28, 2003
SJM 8008 Prime Sponsor, Senator Rasmussen: Requesting that veterans receive concurrent retirement and disability payments. Reported by Committee on State Government
MAJORITY recommendation: Do pass. Signed by Representatives Haigh, Chairman; Miloscia, Vice Chairman; Armstrong, Ranking Minority Member; Shabro, Assistant Ranking Minority Member; Hunt; McDermott; Nixon; Tom and Wallace.
Passed to Committee on Rules for second reading.
There being no objection, the bills and memorials listed on the day's committee reports sheet under the fifth order of business were referred to the committees so designated except for the following bills which were placed on Second Reading:
SUBSTITUTE SENATE BILL NO. 5748,
There being no objection, the House advanced to the eighth order of business.
There being no objection, the Committee on Rules was relieved of further consideration of HOUSE BILL NO. 2097, and the bill was placed on Second Reading.
There being no objection, the Committee on Rules was relieved of further consideration of HOUSE BILL NO. 2209, and the bill was placed on Second Reading.
There being no objection, the House advanced to the eleventh order of business.
There being no objection, the House adjourned until 10:00 a.m., April 2, 2003, the 80th Day of the Regular Session.
FRANK CHOPP, Speaker CYNTHIA ZEHNDER, Chief Clerk