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FIFTY EIGHTH LEGISLATURE - REGULAR SESSION
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ONE HUNDRED SECOND DAY
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House Chamber, Olympia, Thursday, April 24, 2003
The House was called to order at 10:00 a.m. by the Speaker (Representative Lovick presiding). The Clerk called the roll and a quorum was present.
The flags were escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Laura and Erika Schreiner. The Speaker (Representative Lovick presiding) led the Chamber in the Pledge of Allegiance. Prayer was offered by Bishop Eric Coppin, Lacey Third Ward, The Church of Jesus Christ of Latter Day Saints.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
MESSAGES FROM THE SENATE
April 23, 2003
Mr. Speaker:
The Senate has receded from its amendment to HOUSE BILL NO. 1108 and passed the bill without said amendments, and the same is herewith transmitted.
Milt H. Doumit, Secretary
April 24, 2003
Mr. Speaker:
The President has signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1009,
ENGROSSED HOUSE BILL NO. 1010,
SUBSTITUTE HOUSE BILL NO. 1036,
SUBSTITUTE HOUSE BILL NO. 1058,
SUBSTITUTE HOUSE BILL NO. 1059,
SUBSTITUTE HOUSE BILL NO. 1074,
SUBSTITUTE HOUSE BILL NO. 1075,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1076,
SECOND SUBSTITUTE HOUSE BILL NO. 1095,
SUBSTITUTE HOUSE BILL NO. 1113,
SUBSTITUTE HOUSE BILL NO. 1127,
SUBSTITUTE HOUSE BILL NO. 1128,
SUBSTITUTE HOUSE BILL NO. 1136,
SUBSTITUTE HOUSE BILL NO. 1189,
SUBSTITUTE HOUSE BILL NO. 1202,
SUBSTITUTE HOUSE BILL NO. 1250,
SUBSTITUTE HOUSE BILL NO. 1269,
ENGROSSED HOUSE BILL NO. 1403,
SUBSTITUTE HOUSE BILL NO. 1409,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1418,
SUBSTITUTE HOUSE BILL NO. 1512,
ENGROSSED HOUSE BILL NO. 1561,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1592,
SUBSTITUTE HOUSE BILL NO. 1597,
SUBSTITUTE HOUSE BILL NO. 1605,
SUBSTITUTE HOUSE BILL NO. 1609,
SUBSTITUTE HOUSE BILL NO. 1619,
SUBSTITUTE HOUSE BILL NO. 1624,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1640,
SECOND SUBSTITUTE HOUSE BILL NO. 1698,
ENGROSSED HOUSE BILL NO. 1726,
SUBSTITUTE HOUSE BILL NO. 1805,
SUBSTITUTE HOUSE BILL NO. 1813,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1845,
SUBSTITUTE HOUSE BILL NO. 1854,
SUBSTITUTE HOUSE BILL NO. 1855,
SECOND SUBSTITUTE HOUSE BILL NO. 1887,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1904,
SUBSTITUTE HOUSE BILL NO. 1909,
SECOND SUBSTITUTE HOUSE BILL NO. 1973,
SUBSTITUTE HOUSE BILL NO. 2007,
SECOND SUBSTITUTE HOUSE BILL NO. 2012,
SUBSTITUTE HOUSE BILL NO. 2027,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2076,
SUBSTITUTE HOUSE BILL NO. 2111,
SUBSTITUTE HOUSE BILL NO. 2202,
HOUSE JOINT MEMORIAL NO. 4014,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5135,
SUBSTITUTE SENATE BILL NO. 5144,
SUBSTITUTE SENATE BILL NO. 5248,
ENGROSSED SENATE BILL NO. 5410,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5713,
SUBSTITUTE SENATE BILL NO. 5787,
and the same is herewith transmitted.
Milt H. Doumit, Secretary
SENATE AMENDMENTS TO HOUSE BILL
April 15, 2003
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 1204, with the following amendment:
On page 1, on line 12, after "subcommittee," strike all material down to and including "act." on line 14 and insert "with one retiree member under section 1(1)(d) of this act and two members from each group under section 1(1)(a), (b), (c) and (e) of this act."
On page 3, after line 5, insert the following:
NEW SECTION. Sec. 2. A new section is added to chapter 41.04 RCW to read as follows:
"(1) The select committee on pension policy shall form three function-specific subcommittees, as set forth under subsection (2) of this section, from the members under section 1(1) (a) through (e) of this act, as follows:
(a) A public safety subcommittee with one member from each group under section 1(1) (a) through (e) of this act;
(b) An education subcommittee with one member from each group under section 1(1) (a) through (e) of this act; and
(c) A state and local government subcommittee, with one retiree member under section 1(1)(d) of this act and two members from each group under section 1(1) (a) through (e) of this act.
The retiree members may serve on more than one subcommittee to ensure representation on each subcommittee.
(2)(a) The public safety subcommittee shall focus on pension issues affecting public safety employees who are members of the law enforcement officers' and fire fighters' and Washington state patrol retirement systems.
(b) The education subcommittee shall focus on pension issues affecting educational employees who are members of the public employees', teachers', and school employees' retirement systems.
(c) The state and local government subcommittee shall focus on pension issues affecting state and local government employees who are members of the public employees' retirement system."
Renumber the sections consecutively and correct any internal references accordingly.
and the same is herewith transmitted.
Milt H. Doumit, Secretary
There being no objection, the House refused to concur in the Senate amendment to SUBSTITUTE HOUSE BILL NO. 1204 and asked the Senate to recede therefrom.
SENATE AMENDMENTS TO HOUSE BILL
April 17, 2003
Mr. Speaker:
The Senate has passed ENGROSSED HOUSE BILL NO. 1376, with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 90.03.250 and 1987 c 109 s 83 are each amended to read as follows:
(1) Any person, municipal corporation, firm, irrigation district, association, corporation, or water users' association hereafter desiring to appropriate water for a beneficial use shall make an application to the department for a permit to make such appropriation, and shall not use or divert such waters until he or she has received a permit from the department as in this chapter provided. The construction of any ditch, canal, or works, or performing any work in connection with said construction or appropriation, or the use of any waters, shall not be an appropriation of such water nor an act for the purpose of appropriating water unless a permit to make said appropriation has first been granted by the department((: PROVIDED, That)).
(2) A temporary permit may be granted upon a proper showing made to the department to be valid only during the pendency of such application for a permit unless sooner revoked by the department((: PROVIDED, FURTHER, That)).
(3) Nothing in this chapter ((contained)) shall be deemed to affect RCW 90.40.010 through 90.40.080 except that the notice and certificate ((therein)) provided for in RCW 90.40.030 shall be addressed to the department, and the department shall exercise the powers and perform the duties prescribed by RCW 90.40.030.
(4) No permit is required to capture or use water in rain barrels, cisterns, constructed ponds, or other storm water facilities for capturing runoff from residential, commercial, or industrial properties, or from public facilities, regardless of whether the captured water is put to beneficial use. The captured water may not be transferred to or used in a water resource inventory area (WRIA), as defined in RCW 90.82.020, other than the water resource inventory area in which the water is captured, and may not be stored in a manner that creates a public nuisance as specified in RCW 17.28.170.
Sec. 2. RCW 90.03.370 and 2002 c 329 s 10 are each amended to read as follows:
(1)(a) All applications for reservoir permits are subject to the provisions of RCW 90.03.250 through 90.03.320. But the party or parties proposing to apply to a beneficial use the water stored in any such reservoir shall also file an application for a permit, to be known as the secondary permit, which shall be in compliance with the provisions of RCW 90.03.250 through 90.03.320. Such secondary application shall refer to such reservoir as its source of water supply and shall show documentary evidence that an agreement has been entered into with the owners of the reservoir for a permanent and sufficient interest in said reservoir to impound enough water for the purposes set forth in said application. When the beneficial use has been completed and perfected under the secondary permit, the department shall take the proof of the water users under such permit and the final certificate of appropriation shall refer to both the ditch and works described in the secondary permit and the reservoir described in the primary permit. The department may accept for processing a single application form covering both a proposed reservoir and a proposed secondary permit or permits for use of water from that reservoir.
(b) The department shall expedite processing applications for the following types of storage proposals:
(i) Development of storage facilities that will not require a new water right for diversion or withdrawal of the water to be stored;
(ii) Adding or changing one or more purposes of use of stored water;
(iii) Adding to the storage capacity of an existing storage facility; and
(iv) Applications for secondary permits to secure use from existing storage facilities.
(c) A secondary permit for the beneficial use of water shall not be required for use of water stored in a reservoir where the water right for the source of the stored water authorizes the beneficial use.
(2)(a) For the purposes of this section, "reservoir" includes, in addition to any surface reservoir, any naturally occurring underground geological formation where water is collected and stored for subsequent use as part of an underground artificial storage and recovery project. To qualify for issuance of a reservoir permit an underground geological formation must meet standards for review and mitigation of adverse impacts identified, for the following issues:
(i) Aquifer vulnerability and hydraulic continuity;
(ii) Potential impairment of existing water rights;
(iii) Geotechnical impacts and aquifer boundaries and characteristics;
(iv) Chemical compatibility of surface waters and ground water;
(v) Recharge and recovery treatment requirements;
(vi) System operation;
(vii) Water rights and ownership of water stored for recovery; and
(viii) Environmental impacts.
(b) Standards for review and standards for mitigation of adverse impacts for an underground artificial storage and recovery project shall be established by the department by rule. Notwithstanding the provisions of RCW 90.03.250 through 90.03.320, analysis of each underground artificial storage and recovery project and each underground geological formation for which an applicant seeks the status of a reservoir shall be through applicant-initiated studies reviewed by the department.
(3) For the purposes of this section, "underground artificial storage and recovery project" means any project in which it is intended to artificially store water in the ground through injection, surface spreading and infiltration, or other department-approved method, and to make subsequent use of the stored water. However, (a) this subsection does not apply to irrigation return flow, or to operational and seepage losses that occur during the irrigation of land, or to water that is artificially stored due to the construction, operation, or maintenance of an irrigation district project, or to projects involving water reclaimed in accordance with chapter 90.46 RCW; and (b) RCW 90.44.130 applies to those instances of claimed artificial recharge occurring due to the construction, operation, or maintenance of an irrigation district project or operational and seepage losses that occur during the irrigation of land, as well as other forms of claimed artificial recharge already existing at the time a ground water subarea is established.
(4) Nothing in chapter 98, Laws of 2000 changes the requirements of existing law governing issuance of permits to appropriate or withdraw the waters of the state.
(5) The department shall report to the legislature by December 31, 2001, on the standards for review and standards for mitigation developed under subsection (3) of this section and on the status of any applications that have been filed with the department for underground artificial storage and recovery projects by that date.
(6) Where needed to ensure that existing storage capacity is effectively and efficiently used to meet multiple purposes, the department may authorize reservoirs to be filled more than once per year or more than once per season of use.
(7) No permit is required to capture or use water in rain barrels, cisterns, constructed ponds, or other storm water facilities for capturing runoff from residential, commercial, or industrial properties, or from public facilities, regardless of whether the captured water is put to beneficial use. The captured water may not be transferred to or used in a water resource inventory area (WRIA), as defined in RCW 90.82.020, other than the water resource inventory area in which the water is captured, and may not be stored in a manner that creates a public nuisance as specified in RCW 17.28.170.
(8) This section does not apply to facilities to recapture and reuse return flow from irrigation operations serving a single farm under an existing water right as long as the acreage irrigated is not increased beyond the acreage allowed to be irrigated under the water right that applies to the property.
(9) In addition to the facilities exempted under subsection (8) of this section, this section does not apply to small irrigation impoundments. For purposes of this subsection, "small irrigation impoundments" means surface storage ponds less than ten acre feet in volume used to impound irrigation water under an existing water right where use of the impoundment: (a)(i) Facilitates efficient use of water; or (ii) promotes compliance with an approved recovery plan for endangered or threatened species; and (b) does not expand the number of acres irrigated or the annual consumptive quantity of water used. Water remaining in a small irrigation impoundment at the end of an irrigation season may be carried over for use in the next season; however, the limitations of this subsection (9) apply to such a carry over."
On page 1, line 2 of the title, after "requirements;" strike the remainder of the title and insert "and amending RCW 90.03.250 and 90.03.370."
and the same is herewith transmitted.
Milt H. Doumit, Secretary
There being no objection, the House refused to concur in the Senate amendment to ENGROSSED HOUSE BILL NO. 1376 and asked the Senate to recede therefrom.
SENATE AMENDMENTS TO HOUSE BILL
April 16, 2003
Mr. Speaker:
The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1689, with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature intends to provide direction to the department of ecology and to municipalities regarding the development and implementation in Washington of phase two of the national pollutant discharge elimination system permit program required by the federal clean water act (33 U.S.C. Sec. 1251 et seq.).
NEW SECTION. Sec. 2. (1) The department of ecology shall establish a permit development advisory group for the geographic areas draining to Puget Sound in western Washington to advise and assist the department regarding permits for municipal separate storm sewer systems. The permit development advisory group, which may include up to eighteen members, of which at least half shall be representatives of local government, shall:
(a) Review and address the issues specified in section 5 of this act and any other issues regarding municipal separate storm sewer systems for which the department of ecology requests advice and assistance; and
(b) Advise and assist the department of ecology in drafting a permit or permits for municipal separate storm sewer systems in geographic areas draining to Puget Sound in western Washington as required by federal regulations implementing phase two of the national pollutant discharge elimination system permit program under the federal clean water act (33 U.S.C. Sec. 1251 et seq.).
(2) This section expires June 30, 2005.
NEW SECTION. Sec. 3. (1) The department of ecology shall develop a municipal separate storm sewer system permit or permits that address the issues and needs of municipalities operating these systems in eastern Washington. The department shall use the existing storm water advisory group it has established in eastern Washington to advise and assist the department regarding permits for municipal separate storm sewer systems to be issued in eastern Washington. The eastern Washington storm water advisory group shall:
(a) Review and address the issues specified in section 5 of this act as they pertain to eastern Washington and any other issues regarding municipal separate storm sewer systems for which the department of ecology requests advice and assistance; and
(b) Assist and advise the department of ecology in drafting a permit or permits for municipal separate storm sewer systems in eastern Washington as required by federal regulations implementing phase two of the national pollutant discharge elimination system permit program under the federal clean water act (33 U.S.C. Sec. 1251 et seq.).
(2) This section expires June 30, 2005.
NEW SECTION. Sec. 4. (1) The department of ecology shall establish a permit development advisory group for the coastal and southwest areas in western Washington to advise and assist the department regarding permits for municipal separate storm sewer systems. The permit development advisory group shall:
(a) Review and address the issues specified in section 5 of this act and any other issues regarding municipal separate storm sewer systems for which the department requests advice and assistance; and
(b) Advise and assist the department in drafting a permit or permits for municipal separate storm sewer systems in coastal and southwest Washington as required by federal regulations implementing phase two of the national pollutant discharge elimination system permit program under the federal clean water act (33 U.S.C. Sec. 1251 et seq.).
(2) This section expires June 30, 2005.
NEW SECTION. Sec. 5. (1) The permit development advisory group for Puget Sound areas in western Washington established in section 2 of this act, the eastern Washington storm water advisory group identified in section 3 of this act, and the permit development advisory group for coastal and southwest areas in western Washington established in section 4 of this act shall review and make recommendations to the department of ecology regarding the development of permits for municipal separate storm sewer systems. Issues considered by these groups shall include the:
(a) Types of discharges being regulated under these permits;
(b) Areas being regulated by these permits under phases one and two of the federal national pollutant discharge elimination system permit program as they relate to municipal borders;
(c) Issuance of these permits on a watershed basis;
(d) Integration of permits and permit requirements for phase one and phase two of the federal national pollutant discharge elimination system permit program;
(e) Application of these permits to ground water discharges;
(f) Level of effort required of municipalities to satisfy permit requirements regarding:
(i) Public education and outreach;
(ii) Public participation and public involvement;
(iii) Illicit discharge detection and elimination;
(iv) Construction site runoff control;
(v) Postconstruction runoff control;
(vi) Pollution prevention and good housekeeping;
(vii) Implementation of applicable total maximum daily loads; and
(viii) Program evaluation and reporting;
(g) Protection for shellfish areas;
(h) Costs and benefits associated with each permit element not required under federal law;
(i) The use of land use planning and existing land use plans and rules as a best management practice for storm water management; and
(j) Potential funding sources for implementation of permit requirements.
(2) This section expires June 30, 2005.
NEW SECTION. Sec. 6. (1) No later than December 1, 2003, the department of ecology shall submit a progress report regarding the work of the permit development advisory groups established and identified in sections 2, 3, and 4 of this act to the appropriate committees of the legislature.
(2) After the permits are developed but no later than December 1, 2004, the department of ecology shall submit a final report to the appropriate committees of the legislature regarding these permits and the work of the advisory groups. The department shall also identify any legislative recommendations from these groups or from the department based on the work of these groups."
On page 1, line 2 of the title, after "permits;" strike the remainder of the title and insert "creating new sections; and providing expiration dates."
and the same is herewith transmitted.
Milt H. Doumit, Secretary
There being no objection, the House refused to concur in the Senate amendment to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1689 and asked the Senate to recede therefrom.
SENATE AMENDMENT TO HOUSE BILL
April 11, 2003
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 1335 with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 79A.05.380 and 1993 c 182 s 1 are each amended to read as follows:
The legislature recognizes the increase in water-oriented recreation by users of human and wind-powered, beachable vessels such as kayaks, canoes, or day sailors on Washington's waters. These recreationists frequently require overnight camping facilities along the shores of public or private beaches. The legislature now creates a water trail recreation program, to be administered by the Washington state parks and recreation commission. The legislature recognizes that the effort to develop water trail sites is a continuing need and that the commission provides beneficial expertise and consultation to water trail user groups, agencies, and private landowners for the existing Cascadia marine trail and Willapa Bay water trail.
Sec. 2. RCW 79A.05.385 and 1993 c 182 s 2 are each amended to read as follows:
In addition to its other powers, duties, and functions, the commission may:
(1) Plan, construct, and maintain suitable facilities for water trail activities on lands administered or acquired by the commission or as authorized on lands administered by tribes or other public agencies or private landowners by agreement.
(2) ((Provide and issue, upon payment of the proper fee, with the assistance of those authorized agents as may be necessary for the convenience of the public, water trail permits to utilize designated water trail facilities. The commission may, after consultation with the water trail advisory committee, adopt rules authorizing reciprocity of water trail permits provided by another state or Canadian province, but only to the extent that a similar exemption or provision for water trail permits is issued by that state or province.
(3))) Compile, publish, distribute, and charge a fee for maps or other forms of public information indicating areas and facilities suitable for water trail activities.
(((4))) (3) Contract with a public agency, private entity, or person for the actual conduct of these duties.
(((5))) (4) Work with individuals or organizations who wish to volunteer their time to support the water trail recreation program.
(5) Provide expertise and consultation to individuals, agencies, and organizations in the continued development of water trail sites in this state.
Sec. 3. RCW 79A.05.410 and 1993 c 182 s 7 are each amended to read as follows:
The commission may((, after consultation with the water trail advisory committee,)) adopt rules to administer the water trail program and facilities on areas owned or administered by the commission. Where water trail facilities administered by other public or private entities are incorporated into the water trail system, the rules adopted by those entities shall prevail. The commission is not responsible or liable for enforcement of these alternative rules.
NEW SECTION. Sec. 4. Any unspent balance of funds in the water trail program account created in RCW 79A.05.405 as of June 30, 2003, must be transferred to the state parks renewal and stewardship account created in RCW 79A.05.215. All receipts from sales of materials under RCW 79A.05.385 and all monetary civil penalties collected under RCW 79A.05.415 must be deposited in the state parks renewal and stewardship account. Any gifts, grants, donations, or moneys from any source received by the commission for the water trail program must also be deposited in the state parks renewal and stewardship account. Funds transferred or deposited into the state parks renewal and stewardship account under this section must be used solely for water trail program purposes.
Sec. 5. RCW 79A.05.630 and 2000 c 11 s 50 are each amended to read as follows:
Lands within the Seashore Conservation Area shall not be sold, leased, or otherwise disposed of, except as ((herein)) provided in this section and section 6 of this act. The commission may, under authority granted in RCW 79A.05.175 and 79A.05.180, exchange state park lands in the Seashore Conservation Area for lands of equal value to be managed by the commission consistent with this chapter. Only state park lands lying east of the Seashore Conservation Line, as it is located at the time of exchange, may be so exchanged. The department of natural resources may lease the lands within the Washington State Seashore Conservation Area as well as the accreted lands along the ocean in state ownership for the exploration and production of oil and gas((: PROVIDED, That)). However, oil drilling rigs and equipment will not be placed on the Seashore Conservation Area or state-owned accreted lands.
Sale of sand from accretions shall be made to supply the needs of cranberry growers for cranberry bogs in the vicinity and shall not be prohibited if found by the commission to be reasonable, and not generally harmful or destructive to the character of the land((: PROVIDED, That)). However, the commission may grant leases and permits for the removal of sands for construction purposes from any lands within the Seashore Conservation Area if found by the commission to be reasonable and not generally harmful or destructive to the character of the land((: PROVIDED)). Further, That net income from such leases shall be deposited in the state parks renewal and stewardship account.
NEW SECTION. Sec. 6. At the request of the city of Long Beach, the state parks and recreation commission shall convey to the city of Long Beach all commission-owned lands lying between 5th street southwest and 4th street northwest, and lying between 8th street northwest and 14th street northwest, all lying between the 1889 ordinary high tide line (also known as the western boundary of upland ownership) and the line of ordinary high tide of the Pacific ocean, and all lying within sections 8 and 17, township 10 north, range 11, west, W.M., Pacific county, Washington. The city of Long Beach must maintain these lands for city park purposes, including open space, parks, interpretive centers, or museums. The title, and any other documents necessary for the transfer of these lands, will include covenants ensuring that the city of Long Beach will maintain all conveyed land as a city park. If the city of Long Beach breaches these covenants, ownership of all park lands conveyed under this section reverts to the state parks and recreation commission.
NEW SECTION. Sec. 7. The following acts or parts of acts are each repealed:
RCW 79A.05.400 (Water trail recreation program--Permits) and 1993 c 182 s 5;
RCW 79A.05.405 (Water trail recreation program--Account created) and 2000 c 11 s 40 & 1993 c 182 s 6; and
RCW 79A.05.420 (Water trail advisory committee) and 2000 c 11 s 41, 1994 c 264 s 21, & 1993 c 182 s 9."
On page 1, line 1 of the title, after "program;" strike the remainder of the title and insert "amending RCW 79A.05.380, 79A.05.385, 79A.05.410, and 79A.05.630; creating new sections; and repealing RCW 79A.05.400, 79A.05.405, and 79A.05.420."
and the same is herewith transmitted.
Milt H. Doumit, Secretary
Representative Simpson requested a scope and object ruling on the Senate amendment to Substitute House Bill No. 1335.
Mr. Speaker (Representative Lovick presiding): "Substitute House Bill No. 1335 is an act relating to the "water trail recreation program". The bill eliminates the water trail permit, Water Trail Advisory Committee and Water Trail Program Account.
The Senate amendment authorizes the transfer of certain state parks lands. The amendment is unrelated to the purpose of the underlying bill and is clearly beyond its scope and object.
Representative Simpson, your point of order is well taken."
There being no objection, the House refused to concur in the Senate amendment to SUBSTITUTE HOUSE BILL NO. 1335 and asked the Senate to recede therefrom.
MOTIONS
On motion of Representative Clements, Representatives McDonald and Pflug were excused. On motion of Representative Santos, Representatives Edwards, Grant, Kessler, McIntire and Sullivan were excused.
SENATE AMENDMENTS TO HOUSE BILL
April 11, 203
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 1829 with the following amendment:
On page 10, line 33, after "(c)" insert the following:
"The employee has not already rendered a cumulative total of more than (i) three thousand one hundred sixty-five hours of service as a teacher, or (ii) one thousand nine hundred hours in any other capacity, while receiving pension payments, beyond an annual threshold of eight hundred sixty-seven hours; and
(d)
On page 10, line 35, after "audit;", strike everything through "retirement." and insert the following:
"shall cease to receive pension payments while engaged in that service after the retiree has rendered service for more than on thousand five hundred hours in a school year. The cumulative total limitations under this subsection apply prospectively to those retiring after the effective date of this act and retroactively to those who retired prior to the effective date of this act, and shall be calculated from the date of retirement."
Renumber the sections consecutively and correct any internal references accordingly.
On page 10, beginning on line 35, after "and" strike all material down to and including "retirement." on line 10 and insert the following:
"(d) The employee has not already rendered a cumulative total of more than (i) three thousand one hundred sixty-five hours of service as a teacher or principal, or (ii) one thousand nine hundred hours in any other capacity, while receiving pension payments, beyond an annual threshold of eight hundred sixty-seven hours;
shall cease to receive pension payments while engaged in that service after the retiree has rendered service for more than one thousand five hundred hours in a school year. The cumulative total limitations under this subsection apply prospectively to those retiring after the effective date of this act and retroactively to those who retired prior to the effective date of this act, and shall be calculated from the date of retirement."
and the same is herewith transmitted.
Milt H. Doumit, Secretary
There being no objection, the House concurred in the Senate amendment to SUBSTITUTE HOUSE BILL NO. 1829 on page 10, line 35, but refused to concur in the Senate amendment on page 10, line 38 and asked the Senate to recede therefrom.
SENATE AMENDMENTS TO HOUSE BILL
April 9, 2003
Mr. Speaker:
The Senate receded from its amendment to SUBSTITUTE HOUSE BILL NO. 1057, and under suspension of the rules returned the bill to second reading for purpose of amendment. The Senate further adopted the following amendment and passed the measure as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1)(a) The legislature finds that existing law as it relates to the suspension of commercial fishing licenses does not take into account the real-life circumstances faced by the state's commercial fishing fleets. The nature of the commercial fishing industry, together with the complexity of fisheries regulations, is such that honest mistakes can be made by well-meaning and otherwise law-abiding fishers. Commercial fishing violations that occur within an acceptable margin of error should not result in the suspension of fishing privileges. Likewise, fishers facing the possibility of license suspension or revocation deserve the opportunity to explain any extenuating circumstances prior to having his or her professional privileges suspended.
(b) The legislature intends, by creating the license suspension review committee, to provide a fisher with the opportunity to explain any extenuating circumstances that led to a commercial fishing violation. The legislature intends for the license suspension review committee to give serious considerations to the case-specific facts and scenarios leading up to a violation, and for license suspensions to issue only when the facts indicate a willful act that undermines the conservation of fish stocks. Frivolous violations should not result in the suspension of privileges, and should be punished only by the criminal sanctions attached to the underlying crime.
(2)(a) The legislature further finds that gross abuses of fish stocks should not be tolerated. Individuals convicted of even one violation that is egregious in nature, causing serious detriment to a fishery or the competitive disposition of other fishers, should have his or her license suspended and revoked.
(b) The legislature intends for the license suspension review committee to take egregious fisheries' violations seriously. When dealing with individuals convicted of only one violation, the license suspension review committee should only consider suspension for individuals that are convicted of violations that are of a severe magnitude and show a wanton disregard for the public's resource.
Sec. 2. RCW 77.15.700 and 2001 c 253 s 46 are each amended to read as follows:
The department shall impose revocation and suspension of privileges upon conviction in the following circumstances:
(1) If directed by statute for an offense;
(2) If the department finds that actions of the defendant demonstrated a willful or wanton disregard for conservation of fish or wildlife. Such suspension of privileges may be permanent. This subsection (2) does not apply to violations involving commercial fishing;
(3) If a person is convicted twice within ten years for a violation involving unlawful hunting, killing, or possessing big game, the department shall order revocation and suspension of all hunting privileges for two years. RCW 77.12.722 or 77.16.050 as it existed before June 11, 1998, may comprise one of the convictions constituting the basis for revocation and suspension under this subsection;
(4) If a person is convicted three times in ten years of any violation of recreational hunting or fishing laws or rules, the department shall order a revocation and suspension of all recreational hunting and fishing privileges for two years((;
(5) If a person is convicted twice within five years of a gross misdemeanor or felony involving unlawful commercial fish or shellfish harvesting, buying, or selling, the department shall impose a revocation and suspension of the person's commercial fishing privileges for one year. A commercial fishery license revoked under this subsection may not be used by an alternate operator or transferred during the period of suspension)).
NEW SECTION. Sec. 3. A new section is added to chapter 77.15 RCW to read as follows:
(1) If a person is convicted of two or more qualifying commercial fishing violations within a three-year period, the person's privileges to participate in the commercial fishery to which the violations applied may be suspended by the director for up to one year. A commercial fishery license that is suspended under this section may not be transferred after the director issues a notice of suspension, or used by an alternative operator or transferred during the period of suspension, if the person who is the subject of the suspension notice is the person who owns the commercial fishery license.
(2) For the purposes of this section only, "qualifying commercial fishing violation" means either:
(a) A conviction under RCW 77.15.500, 77.15.510, 77.15.520, 77.15.530, 77.15.550(1)(a), 77.15.570, 77.15.580, or 77.15.590;
(b) A gross misdemeanor or felony involving commercial fish harvesting, buying, or selling that is unlawful under the terms of the license, this title, or the rules issued pursuant to this title, if the quantity of unlawfully harvested, possessed, bought, or sold fish, other than shellfish, groundfish, or coastal pelagic species of baitfish totals greater than six percent, by weight, of the harvest available for inspection at the time of citation and the cumulative value of the unlawfully harvested fish is more than two hundred fifty dollars at the time of citation;
(c) A gross misdemeanor or felony involving commercial groundfish or coastal pelagic baitfish harvest, buying, or selling that is unlawful under the terms of the license, this title, or the rules issued under this title, if: (i) The quantity of unlawfully harvested, possessed, bought, or sold groundfish or coastal pelagic baitfish totals greater than ten percent, by weight, of the harvest available for inspection at the time of citation and has a cumulative value greater than five hundred dollars; or (ii) the quantity, by weight, of the unlawfully commercially harvested groundfish or coastal pelagic baitfish is ten percent greater than the landing allowances provided under rules adopted by the department for species categorized as over- fished by the national marine fisheries service; or
(d) A gross misdemeanor or felony involving commercial shellfish harvesting, buying, or selling that is unlawful under the terms of the license, this title, or the rules issued pursuant to this title, if the quantity of unlawfully harvested, possessed, bought, or sold shellfish: (i) Totals greater than six percent of the harvest available for inspection at the time of citation; and (ii) totals fifty or more individual shellfish.
(3)(a) The director may refer a person convicted of one qualifying commercial fishing violation to the license suspension review committee if the director feels that the qualifying commercial fishing violation was of a severe enough magnitude to justify suspension of the individual's license renewal privileges.
(b) The director may refer any person convicted of one egregious shellfish violation to the license suspension review committee.
(c) For the purposes of this section only, "egregious shellfish violation" means a gross misdemeanor or felony involving commercial shellfish harvesting, buying, or selling that is unlawful under the terms of the license, this title, or the rules issued pursuant to this title, if the quantity of unlawfully harvested, possessed, bought, or sold shellfish: (i) Totals more than twenty percent of the harvest available for inspection at the time of citation; (ii) totals five hundred or more individual shellfish; and (iii) is valued at two thousand five hundred dollars or more.
(4) A person who has a commercial fishing license suspended or revoked under this section may file an appeal with the license suspension review committee pursuant to section 4 of this act. An appeal must be filed within thirty-one days of notice of license suspension or revocation. If an appeal is filed, the suspension or revocation issued by the department does not take effect until after the license suspension review committee has delivered an opinion. If no appeal is filed within thirty-one days of notice of license suspension or revocation, the right to an appeal is considered waived. All suspensions ordered under this section take effect either thirty- one days following the conviction for the second qualifying commercial fishing violation, or upon a decision pursuant to section 4 of this act, whichever is later.
(5) A fishing privilege suspended under this section is in addition to the statutory penalties assigned to the underlying crime.
(6) For the purposes of this section only, the burden is on the state to show the dollar amount or the percent of a harvest that is comprised of unlawfully harvested, bought, or sold individual fish or shellfish.
NEW SECTION. Sec. 4. A new section is added to chapter 77.15 RCW to read as follows:
(1) The license suspension review committee is created. The license suspension review committee may only hear appeals from commercial fishers who have had a license revoked or suspended pursuant to section 3 of this act.
(2)(a) The license suspension review committee is composed of five voting members and up to four alternates.
(b) Two of the members must be appointed by the director and may be department employees.
(c) Three members, and up to four alternates, must be peer-group members, who are individuals owning a commercial fishing license issued by the department. If a peer-group member appears before the license suspension review committee because of a qualifying commercial fishing violation, the member must recuse himself or herself from the proceedings relating to that violation. No two voting peer-group members may reside in the same county. All peer-group members must be appointed by the commission, who may accept recommendations from professional organizations that represent commercial fishing interests or from the legislative authority of any Washington county.
(d) All license suspension review committee members serve a two- year renewable term.
(e) The commission may develop minimum member standards for service on the license suspension review committee, and standards for terminating a member before the expiration of his or her term.
(3) The license suspension review committee must convene and deliver an opinion on a license renewal suspension within three months of appeal or of referral from the department. The director shall consider the committee's opinion and make a decision and may issue, not issue, or modify the license suspension.
(4) The license suspension review committee shall collect the information and hear the testimony that it feels necessary to deliver an opinion on the proper length, if any, of a suspension of a commercial license. The opinion may be based on extenuating circumstances presented by the individual convicted of the qualifying commercial fishing violation or considerations of the type and magnitude of violations that have been committed by the individual. The maximum length of any suspension may not exceed one year.
(5) All opinions of the license suspension review committee must be by a majority vote of all voting members. Alternate committee members may only vote when one of the voting members is unavailable, has been recused, or has decided not to vote on the case before the committee. Nonvoting alternates may be present and may participate at all license suspension review committee meetings.
(6) Members of the license suspension review committee serve as volunteers, and are not eligible for compensation other than travel expenses pursuant to RCW 43.03.050 and 43.03.060.
(7) Staff of the license suspension review committee must be provided by the department.
Sec. 5. RCW 77.65.030 and 2001 c 244 s 2 are each amended to read as follows:
The application deadline for a commercial license or permit established in this chapter is December 31st of the calendar year for which the license or permit is sought. The department shall accept no license or permit applications after December 31st of the calendar year for which the license or permit is sought. The application deadline in this section does not apply to a license or permit that has not been renewed because of the death or incapacity of the license or permit holder. The license or permit holder's surviving spouse, estate, ((or)) estate beneficiary, attorney in fact, or guardian must be given ((a reasonable opportunity)) an additional one hundred eighty days to renew the license or permit.
NEW SECTION. Sec. 6. Section 5 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
On page 1, line 1 of the title, after "violations;" strike the remainder of the title and insert "amending RCW 77.15.700 and 77.65.030; adding new sections to chapter 77.15 RCW; creating a new section; and declaring an emergency."
and the same is herewith transmitted.
Milt H. Doumit, Secretary
There being no objection, the House concurred in the Senate amendment to SUBSTITUTE HOUSE BILL NO. 1057 and advanced the bill as amended by the Senate to final passage.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
Representative Hatfield spoke in favor of the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be final passage of Substitute House Bill No. 1057 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1057, as amended by the Senate and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 91.
Excused: Representatives Edwards, Grant, Kessler, McDonald, McIntire, Pflug and Sullivan - 7.
SUBSTITUTE HOUSE BILL NO. 1057, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 9, 2003
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 1356, with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 80.24.010 and 1994 c 83 s 1 are each amended to read as follows:
Every public service company subject to regulation by the commission shall, on or before the date specified by the commission for filing annual reports under RCW 80.04.080, file with the commission a statement on oath showing its gross operating revenue from intrastate operations for the preceding calendar year or portion thereof and pay to the commission a fee equal to one-tenth of one percent of the first fifty thousand dollars of gross operating revenue, plus two-tenths of one percent of any gross operating revenue in excess of fifty thousand dollars: PROVIDED, That the ((fee shall in no case be less than one dollar)) commission may, by rule, set minimum fees that do not exceed the cost of collecting the fees. The commission may by rule waive any or all of the minimum fee established pursuant to this section.
The percentage rates of gross operating revenue to be paid in any year may be decreased by the commission for any class of companies subject to the payment of such fees, by general order entered before March 1st of such year, and for such purpose such companies shall be classified as follows:
Electrical, gas, water, telecommunications, and irrigation companies shall constitute class one. Every other company subject to regulation by the commission, for which regulatory fees are not otherwise fixed by law shall pay fees as herein provided and shall constitute additional classes according to kinds of businesses engaged in.
Any payment of the fee imposed by this section made after its due date shall include a late fee of two percent of the amount due. Delinquent fees shall accrue interest at the rate of one percent per month.
Sec. 2. RCW 81.24.010 and 1996 c 196 s 1 are each amended to read as follows:
(1) Every company subject to regulation by the commission, except auto transportation companies, steamboat companies, ((wharfingers or warehousemen,)) and motor freight carriers((, and storage warehousemen)) shall, on or before the date specified by the commission for filing annual reports under RCW 81.04.080, file with the commission a statement on oath showing its gross operating revenue from intrastate operations for the preceding calendar year, or portion thereof, and pay to the commission a fee equal to one-tenth of one percent of the first fifty thousand dollars of gross operating revenue, plus two-tenths of one percent of any gross operating revenue in excess of fifty thousand dollars, except railroad companies which shall each pay to the commission a fee equal to one and one-half percent of its intrastate gross operating revenue. ((However, the fee shall in no case be less than one dollar)) The commission may, by rule, set minimum fees that do not exceed the cost of collecting the fees. The commission may by rule waive any or all of the minimum fee established pursuant to this section. Any railroad association that qualifies as a not-for-profit charitable organization under the federal internal revenue code section 501(c)(3) is exempt from the fee required under this subsection.
(2) The percentage rates of gross operating revenue to be paid in any one year may be decreased by the commission for any class of companies subject to the payment of such fees, by general order entered before March 1st of such year, and for such purpose such companies shall be classified as follows: Railroad, express, sleeping car, and toll bridge companies shall constitute class two. Every other company subject to regulation by the commission, for which regulatory fees are not otherwise fixed by law shall pay fees as herein provided and shall constitute additional classes according to kinds of businesses engaged in.
Sec. 3. RCW 81.24.020 and 1997 c 215 s 1 are each amended to read as follows:
((By May 1st of each year)) On or before the date specified by the commission for filing annual reports under RCW 81.04.080, every auto transportation company must file with the commission a statement showing its gross operating revenue from intrastate operations for the preceding year and pay to the commission a fee of two-fifths of one percent of the amount of gross operating revenue. ((However, the fee paid shall in no case be less than two dollars and fifty cents.)) The commission may, by rule, set minimum fees that do not exceed the cost of collecting the fees. The commission may by rule waive any or all of the minimum fee established pursuant to this section.
The percentage rate of gross operating revenue to be paid in any period may be decreased by the commission by general order entered before the fifteenth day of the month preceding the month in which the fee is due.
Sec. 4. RCW 81.24.030 and 1993 c 427 s 10 are each amended to read as follows:
Every commercial ferry shall, on or before ((the first day of April of each year)) the date specified by the commission for filing annual reports under RCW 81.04.080, file with the commission a statement on oath showing its gross operating revenue from intrastate operations for the preceding calendar year, or portion thereof, and pay to the commission a fee of two-fifths of one percent of the amount of gross operating revenue: PROVIDED, That the ((fee so paid shall in no case be less than five dollars)) commission may, by rule, set minimum fees that do not exceed the cost of collecting the fees. The commission may by rule waive any or all of the minimum fee established pursuant to this section. The percentage rate of gross operating revenue to be paid in any year may be decreased by the commission by general order entered before March 1st of such year.
Sec. 5. RCW 81.77.080 and 1989 c 431 s 24 are each amended to read as follows:
Every solid waste collection company shall, on or before ((the 1st day of April of each year)) the date specified by the commission for filing annual reports under RCW 81.04.080, file with the commission a statement on oath showing its gross operating revenue from intrastate operations for the preceding calendar year, or portion thereof, and pay to the commission a fee equal to one percent of the amount of gross operating revenue: PROVIDED, That the ((fee shall in no case be less than one dollar)) commission may, by rule, set minimum fees that do not exceed the cost of collecting the fees. The commission may by rule waive any or all of the minimum fee established pursuant to this section.
It is the intent of the legislature that the fees collected under the provisions of this chapter shall reasonably approximate the cost of supervising and regulating motor carriers subject thereto, and to that end the utilities and transportation commission is authorized to decrease the schedule of fees provided in this section by general order entered before March 1st of any year in which it determines that the moneys then in the solid waste collection companies account of the public service revolving fund and the fees currently to be paid will exceed the reasonable cost of supervising and regulating such carriers.
All fees collected under this section or under any other provision of this chapter shall be paid to the commission and shall be by it transmitted to the state treasurer within thirty days to be deposited to the credit of the public service revolving fund."
In line 2 of the title, after "fees;" strike the remainder of the title and insert "and amending RCW 80.24.010, 81.24.010, 81.24.020, 81.24.030, and 81.77.080."
and the same is herewith transmitted.
Milt H. Doumit, Secretary
There being no objection, the House concurred in the Senate amendment to HOUSE BILL NO. 1356 and advanced the bill as amended by the Senate to final passage.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
Representative Dunshee spoke in favor of the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be final passage of House Bill No. 1356 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1356, as amended by the Senate and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 91.
Excused: Representatives Edwards, Grant, Kessler, McDonald, McIntire, Pflug and Sullivan - 7.
HOUSE BILL NO. 1356, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 17, 2003
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 1361, with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 15.66.030 and 2002 c 313 s 40 are each amended to read as follows:
Marketing orders may be made for any one or more of the following purposes:
(1) To establish plans and conduct programs for advertising and sales promotion, to maintain present markets, or to create new or larger markets for any agricultural commodity grown in the state of Washington;
(2) To provide for carrying on research studies to find more efficient methods of production, irrigation, processing, transportation, handling, and marketing of any agricultural commodity;
(3) To provide for improving standards and grades by defining, establishing, and providing labeling requirements with respect to the same;
(4) To investigate and take necessary action to prevent unfair trade practices;
(5) To provide information or communicate on matters pertaining to the production, irrigation, processing, transportation, marketing, or uses of an agricultural commodity produced in Washington state to any elected official or officer or employee of any agency;
(6) To provide marketing information and services for producers of an agricultural commodity;
(7) To provide information and services for meeting resource conservation objectives of producers of an agricultural commodity;
(8) To engage in cooperative efforts in the domestic or foreign marketing of food products of an agricultural commodity; ((and))
(9) To provide for commodity-related education and training; and
(10) To assist and cooperate with the department or any other local, state, or federal government agency in the investigation and control of exotic pests and diseases that could damage or affect trade of the affected commodity.
Sec. 2. RCW 15.66.140 and 2002 c 313 s 57 are each amended to read as follows:
Every commodity commission shall have such powers and duties in accordance with provisions of this chapter as may be provided in the marketing order and shall have the following powers and duties:
(1) To elect a chair and such other officers as determined advisable;
(2) To adopt, rescind and amend rules and regulations reasonably necessary for the administration and operation of the commission and the enforcement of its duties under the marketing order;
(3) To administer, enforce, direct and control the provisions of the marketing order and of this chapter relating thereto;
(4) To employ and discharge at its discretion such administrators and additional personnel, attorneys, advertising and research agencies and other persons and firms that it may deem appropriate and pay compensation to the same;
(5) To acquire personal property and purchase or lease office space and other necessary real property and transfer and convey the same;
(6) To institute and maintain in its own name any and all legal actions, including actions by injunction, mandatory injunction or civil recovery, or proceedings before administrative tribunals or other governmental authorities necessary to carry out the provisions of this chapter and of the marketing order;
(7) To keep accurate records of all its receipts and disbursements, which records shall be open to inspection and audit by the state auditor or private auditor designated by the state auditor at least every five years;
(8) Borrow money and incur indebtedness;
(9) Make necessary disbursements for routine operating expenses;
(10) To expend funds for commodity-related education, training, and leadership programs as each commission deems expedient;
(11) To work cooperatively with other local, state, and federal agencies; universities; and national organizations for the purposes provided in the commission's marketing order;
(12) To enter into contracts or interagency agreements with any private or public agency, whether federal, state, or local, to carry out the purposes provided in the commission's marketing order. Personal service contracts must comply with chapter 39.29 RCW;
(13) To accept and expend or retain any gifts, bequests, contributions, or grants from private persons or private and public agencies to carry out the purposes provided in the commission's marketing order;
(14) To enter into contracts or agreements for research in the production, irrigation, processing, transportation, marketing, use, or distribution of an affected commodity;
(15) To retain in emergent situations the services of private legal counsel to conduct legal actions on behalf of a commission. The retention of a private attorney is subject to review by the office of the attorney general;
(16) To engage in appropriate fund-raising activities for the purpose of supporting activities of the commission authorized by the marketing order;
(17) To participate in international, federal, state, and local hearings, meetings, and other proceedings relating to the production, irrigation, manufacture, regulation, transportation, distribution, sale, or use of affected commodities including activities authorized under RCW 42.17.190, including the reporting of those activities to the public disclosure commission;
(18) To maintain a list of the names and addresses of affected producers that may be compiled from information used to collect assessments under the provisions of the marketing order and data on the value of each producer's production for a minimum three-year period;
(19) To maintain a list of the names and addresses of persons who handle the affected commodity within the affected area and data on the amount and value of the commodity handled for a minimum three-year period by each person; ((and))
(20) To request records and audit the records of producers or handlers of the affected commodity during normal business hours to determine whether the appropriate assessment has been paid;
(21) To acquire or own intellectual property rights, licenses, or patents and to collect royalties resulting from commission-funded research related to the affected commodity; and
(22) Such other powers and duties that are necessary to carry out the purposes of this chapter.
Sec. 3. RCW 15.66.185 and 2002 c 313 s 62 are each amended to read as follows:
(1) Any funds of any agricultural commodity commission may be invested in savings or time deposits in banks, trust companies, and mutual savings banks that are doing business in the United States, up to the amount of insurance afforded such accounts by the Federal Deposit Insurance Corporation.
(2) This section shall apply to all funds which may be lawfully so invested, which in the judgment of any agricultural commodity commission are not required for immediate expenditure. The authority granted by this section is not exclusive and shall be construed to be cumulative and in addition to other authority provided by law for the investment of such funds, including, but not limited to, authority granted under chapters 39.58, 39.59, and 43.84 RCW.
Sec. 4. RCW 15.66.110 and 2002 c 313 s 51 are each amended to read as follows:
(1) Every marketing order shall establish a commodity commission composed of not less than five nor more than ((thirteen)) fifteen members. ((In addition, the director shall be an ex officio member of each commodity commission unless otherwise specified in the marketing order.)) Commission members shall be citizens and residents of this state if required by the marketing order, and over the age of eighteen. Not more than one commission member may be part of the same "person" as defined by this chapter. The term of office of commission members shall be three years with the terms rotating so than one-third of the terms will commence as nearly as practicable each year. However, the first commission shall be selected, one-third for a term of one year, one-third for a term of two years, and one-third for a term of three years, as nearly as practicable. Except as provided in subsection (2) of this section, no less than ((two-thirds)) sixty percent of the commission members shall be elected by the affected producers and such elected members shall all be affected producers. Except as provided in subsection (4) of this section, the remaining members shall be appointed by the commission and shall be either affected producers, others active in matters relating to the affected commodity, or persons not so related.
(2) A marketing order may provide that a majority of the commission be appointed by the director((, but in any event, no less than one- third of the commission members shall be elected by the affected producers)).
(3) In the event that the marketing order provides that a majority of the commission be appointed by the director, the marketing order shall incorporate ((either)) the provisions of RCW 15.66.113 ((or 15.66.115)) for member selection.
(4) The director shall appoint to every commission one member who represents the director. The director is a voting member of each commodity commission.
NEW SECTION. Sec. 5. A new section is added to chapter 15.66 RCW to read as follows:
(1) Each commodity commission shall develop and submit to the director for approval any plans, programs, and projects concerning the following:
(a) The establishment, issuance, effectuation, and administration of appropriate programs or projects for the advertising and promotion of the affected commodity; and
(b) The establishment and effectuation of market research projects, market development projects, or both to the end that the marketing and utilization of the affected commodity may be encouraged, expanded, improved, or made more efficient.
(2) The director shall review each commodity commission's advertising or promotion program to ensure that no false claims are being made concerning the affected commodity.
(3) Each commodity commission, prior to the beginning of its fiscal year, shall prepare and submit to the director for approval its research plan, its commodity-related education and training plan, and its budget on a fiscal period basis.
(4) The director shall strive to review and make a determination of all submissions described in this section in a timely manner.
NEW SECTION. Sec. 6. A new section is added to chapter 15.66 RCW to read as follows:
Each commission organized under a marketing order adopted under this chapter exists primarily for the benefit of the people of the state of Washington and its economy. The legislature hereby charges each commission, with oversight by the director, to speak on behalf of Washington state government with regard to its particular commodity.
NEW SECTION. Sec. 7. RCW 15.66.115 (When director appoints majority of the commission--Nominations--Advisory vote--Notice-- Director appoints candidate receiving the most votes--Exception) and 2002 c 313 s 53 are each repealed.
NEW SECTION. Sec. 8. The costs incurred by the department of agriculture that are associated with the implementation of section 5 of this act shall be paid for by the affected commodity commissions.
Sec. 9. RCW 15.65.220 and 2002 c 313 s 20 are each amended to read as follows:
(1) Every marketing agreement and order shall provide for the establishment of a commodity board of not less than five nor more than thirteen members and shall specify the exact number thereof and all details as to (a) qualification, (b) nomination, (c) election or appointment by the director, (d) term of office, and (e) powers, duties, and all other matters pertaining to such board.
(2) The members of the board shall be producers or handlers or both in such proportion as the director shall specify in the marketing agreement or order, but in any marketing order or agreement the number of handlers on the board shall not exceed the number of producers thereon. The marketing order or agreement may provide that a majority of the board be appointed by the director, but in any event, no less than one-third of the board members shall be elected by the affected producers.
(3) In the event that the marketing order or agreement provides that a majority of the commodity board be appointed by the director, the marketing order or agreement shall incorporate ((either)) the provisions of RCW 15.65.243 ((or 15.65.245)) for board member selection.
(4) The director shall appoint to every board one member who represents the director. The director shall be a voting member of each commodity board.
NEW SECTION. Sec. 10. A new section is added to chapter 15.65 RCW to read as follows:
(1) Each commodity commission shall develop and submit to the director for approval any plans, programs, and projects concerning the following:
(a) The establishment, issuance, effectuation, and administration of appropriate programs or projects for the advertising and promotion of the affected commodity; and
(b) The establishment and effectuation of market research projects, market development projects, or both to the end that the marketing and utilization of the affected commodity may be encouraged, expanded, improved, or made more efficient.
(2) The director shall review each commodity commission's advertising or promotion program to ensure that no false claims are being made concerning the affected commodity.
(3) Each commodity commission, prior to the beginning of its fiscal year, shall prepare and submit to the director for approval its research plan, its commodity-related education and training plan, and its budget on a fiscal period basis.
(4) The director shall strive to review and make a determination of all submissions described in this section in a timely manner.
NEW SECTION. Sec. 11. A new section is added to chapter 15.65 RCW to read as follows:
Each commission organized under a marketing order adopted under this chapter exists primarily for the benefit of the people of the state of Washington and its economy. The legislature hereby charges each commission, with oversight by the director, to speak on behalf of Washington state government with regard to its particular commodity.
NEW SECTION. Sec. 12. A new section is added to chapter 15.65 RCW to read as follows:
The costs incurred by the department associated with the implementation of section 10 of this act shall be paid for by the affected commodity commissions.
Sec. 13. RCW 15.28.020 and 2002 c 313 s 105 are each amended to read as follows:
The commission is composed of ((sixteen)) seventeen voting members, as follows: Ten producers, four dealers, and two processors, who are ((elected and qualified)) appointed as provided in this chapter. The director, or an authorized representative, shall be ((an ex officio member without a vote)) a voting member of the commission. Other sections of this chapter that relate to the selection of voting members shall not apply to the director or his or her authorized representative.
A majority of the voting members constitute a quorum for the transaction of any business.
Sec. 14. RCW 15.28.040 and 1967 c 191 s 3 are each amended to read as follows:
Of the producer members, four shall be ((elected)) appointed from the first district and occupy positions one, two, three and four; four shall be ((elected)) appointed from the second district and occupy positions five, six, seven and eight, and two shall be ((elected)) appointed from the third district and occupy positions nine and ten.
Of the dealer members, two shall be ((elected)) appointed from each of the first and second districts and respectively occupy positions eleven and twelve from the first district and positions thirteen and fourteen from the second district.
The processor members shall be ((elected)) appointed from the state at large and occupy positions fifteen and sixteen. The dealer member position previously referred to as position twelve shall henceforth be position thirteen. The processor member position heretofore referred to as position fourteen shall cease to exist on March 21, 1967. The processor member position heretofore referred to as thirteen shall be known as position sixteen.
Sec. 15. RCW 15.28.050 and 1967 c 191 s 4 are each amended to read as follows:
The regular term of office of the members of the commission shall be three years commencing on May 1, following the date of ((election)) appointment and until their successors are ((elected)) appointed and qualified, except, however, that the first term of dealer position twelve in the first district shall be for two years and expire May 1, 1969.
NEW SECTION. Sec. 16. A new section is added to chapter 15.28 RCW to read as follows:
(1) The director shall appoint the members of the commission.
(2) Candidates for positions on the commission shall be nominated under RCW 15.28.060.
(3) Not less than sixty days nor more than seventy-five days prior to the commencement of a commission member's term, the director shall cause an advisory vote to be held for the director-appointed positions. Advisory ballots shall be mailed to all affected producers and shall be returned to the director not less than thirty days prior to the commencement of the term. The advisory ballot shall be conducted in a manner so that it is a secret ballot. The names of the two candidates receiving the most votes in the advisory vote shall be forwarded to the director for potential appointment to the commission. In the event there are only two candidates nominated for a position, an advisory vote may not be held and the candidates' names shall be forwarded to the director for potential appointment. If only one candidate is nominated for a position, the commission shall select a second candidate whose name will be forwarded to the director.
(4) Any candidate whose name is forwarded to the director for potential appointment shall submit to the director a letter stating why he or she wishes to be appointed to the commission. The director may select either person for the position.
NEW SECTION. Sec. 17. A new section is added to chapter 15.28 RCW to read as follows:
To accomplish the transition to a commission structure where the director appoints a majority of commission members, the names of the currently elected commission members shall be forwarded to the director for appointment to the commission within thirty days of the effective date of this act. Thereafter, the director shall appoint commission members pursuant to section 16 of this act as the current commission member terms expire.
Sec. 18. RCW 15.28.060 and 1967 c 191 s 6 are each amended to read as follows:
The director shall call meetings at times and places concurred upon by the director and the commission for the purpose of nominating producer, dealer or processor members for ((election)) potential appointment to the commission when such members' terms are about to expire. Notice of such meetings shall be given at least sixty days prior to the time the respective members' term is about to expire. The nominating meetings shall be held at least sixty days prior to the expiration of the respective members' term of office.
Notice shall be given by the commission by mail to all known persons having a right to vote for such respective nominee's ((election)) potential appointment to the commission.
Further, the commission shall publish notice at least once in a newspaper of general circulation in the district where the nomination is to be held. Such a newspaper may be published daily or weekly. The failure of any person entitled to receive notice of such nominating meeting shall not invalidate such nominating meeting or the ((election)) appointment of a member nominated at such meeting.
Any person qualified to serve on the commission may be nominated orally at ((said)) the nomination meetings. Written nominations, signed by five persons qualified to vote for the said nominee, may be made for five days subsequent to ((said)) the nomination meeting. Such written nominations shall be filed with the commission at its Yakima office.
((Members of the commission shall be elected by a)) The director shall cause an advisory vote to be held for commission positions. The advisory vote shall be by secret mail ballot((, and such election shall be conducted under the supervision of the director, and the elected candidate shall become a member of the commission upon certification of the director that said elected candidate has satisfied the required qualifications for membership on the commission.
When only one nominee is nominated for any position on the commission, the director shall, if such nominee satisfies the requirements of the position for which he was nominated, certify the said nominee as to his qualifications and then it shall be deemed that said nominee has been duly elected. Nominees receiving a majority of the votes in an election shall be considered to have been elected and if more than one position is to be filled in a district or at large, the nominees respectively receiving the largest number of votes shall be deemed to have been elected to fill the vacancies from said districts or areas on the commission)). Persons qualified to vote for members of the commission shall, except as otherwise provided by law or rule or regulation of the commission, vote only in the district in which their activities make them eligible to vote for a potential member of the commission.
A producer to be eligible to vote in ((an election)) the advisory vote for a nominee as a producer member of the commission must be a commercial producer of soft tree fruits paying assessments to the commission.
When a legal entity acting as a producer, dealer, or processor is qualified to vote for a candidate in any district or area to serve in a specified position on the commission, such legal entity may cast only one vote for such candidate, regardless of the number of persons comprising such legal entity or stockholders owning stock therein.
Sec. 19. RCW 15.28.070 and 1967 c 191 s 7 are each amended to read as follows:
The commission shall have the authority, subject to the provisions of chapter 34.05 RCW (Administrative Procedure Act), for adopting rules and regulations, after public hearing, establishing one or more subdistricts in any one of the three districts. Such subdistricts shall include a substantial portion of the soft tree fruit producing area in the district in which they are formed.
The commission shall, when a subdistrict has been formed within one of the districts as in this section provided for, assign one of the districts' producer positions on the commission to said subdistrict. Such producer position may only be filled by a producer residing in such subdistrict, whether by ((election,)) apportionment((,)) or appointment.
Sec. 20. RCW 15.28.080 and 1961 c 11 s 15.28.080 are each amended to read as follows:
In the event a position becomes vacant due to resignation, disqualification, death, or for any other reason, such position, until the next annual ((election)) nominating meeting, shall be filled by vote of the remaining members of the commission. ((At such annual election a commissioner shall be elected to fill the balance of the unexpired term.)) Following the next annual nomination meeting, the director shall appoint one of the two nominees selected by advisory ballot to fill the balance of the unexpired term.
NEW SECTION. Sec. 21. A new section is added to chapter 15.28 RCW to read as follows:
(1) The commission shall develop and submit to the director for approval any plans, programs, and projects concerning the following:
(a) The establishment, issuance, effectuation, and administration of appropriate programs or projects for the advertising and promotion of the affected commodities; and
(b) The establishment and effectuation of market research projects, market development projects, or both to the end that the marketing and utilization of the affected commodities may be encouraged, expanded, improved, or made more efficient.
(2) The director shall review the commission's advertising or promotion program to ensure that no false claims are being made concerning the affected commodities.
(3) The commission, prior to the beginning of its fiscal year, shall prepare and submit to the director for approval its research plan, its commodity-related education and training plan, and its budget on a fiscal period basis.
(4) The director shall strive to review and make a determination of all submissions described in this section in a timely manner.
NEW SECTION. Sec. 22. A new section is added to chapter 15.28 RCW to read as follows:
The commission exists primarily for the benefit of the people of the state of Washington and its economy. The legislature hereby charges the commission, with oversight by the director, to speak on behalf of Washington state government with regard to its particular commodities.
NEW SECTION. Sec. 23. A new section is added to chapter 15.28 RCW to read as follows:
The costs incurred by the department of agriculture associated with the implementation of section 21 of this act shall be paid for by the commission.
Sec. 24. RCW 15.44.020 and 2002 c 313 s 89 are each amended to read as follows:
The dairy products commission shall be composed of not more than ten members. There shall be one member from each district who shall be a practical producer of dairy products ((to be elected by such producers)), one member shall be a dealer, and one member shall be a producer who also acts as a dealer((, and such dealer and producer who acts as a dealer shall be appointed by the director of agriculture, and)). The director of agriculture shall be ((an ex officio member without vote)) a voting member of the commission.
As used in this chapter, "director" means the director of agriculture or his or her authorized representative.
NEW SECTION. Sec. 25. A new section is added to chapter 15.44 RCW to read as follows:
(1) The director shall appoint the members of the commission.
(2) Candidates for producer member positions on the commission shall be nominated under RCW 15.44.033.
(3) The director shall cause an advisory vote to be held for the producer member positions. Advisory ballots shall be mailed to all affected producers in the district where a vacancy is about to occur and shall be returned to the director not less than thirty days prior to the commencement of the term. The advisory ballot shall be conducted in a manner so that it is a secret ballot. The names of the two candidates receiving the most votes in the advisory vote shall be forwarded to the director for potential appointment to the commission. In the event there are only two candidates nominated for a position, an advisory vote may not be held and the candidates' names shall be forwarded to the director for potential appointment. If only one candidate is nominated for a position, the commission shall select a second candidate whose name will be forwarded to the director.
(4) Any candidate whose name is forwarded to the director for potential appointment shall submit to the director a letter stating why he or she wishes to be appointed to the commission. The director may select either person for the position.
Sec. 26. RCW 15.44.033 and 1995 c 374 s 59 are each amended to read as follows:
Producer members of the commission shall be nominated ((and elected)) by producers within the district that such producer members represent in the year in which a commission member's term shall expire. ((Such producer members receiving the largest number of the votes cast in the respective districts which they represent shall be elected. The election shall be by secret mail ballot and under the supervision of the director.))
Nomination for candidates to be ((elected)) appointed to the commission shall be conducted by mail by the director. Such nomination forms shall be mailed by the director to each producer in a district where a vacancy is about to occur. Such mailing shall be made on or after April 1st, but not later than April 10th of the year the commission vacancy will occur. The nomination form shall provide for the name of the producer being nominated and the names of five producers nominating such nominee. The producers nominating such nominee shall affix their signatures to such form and shall further attest that the said nominee meets the qualifications for a producer member to serve on the commission and that he or she will be willing to serve on the commission if ((elected)) appointed.
All nominations as provided for herein shall be returned to the director by April 30th, and the director shall not accept any nomination postmarked later than midnight April 30th, nor place the candidate thereon on the advisory election ballot.
Advisory vote ballots for electing ((members)) nominees to the commission will be mailed by the director to all eligible producers no later than May 15th, in districts where advisory elections are to be held and such ballots to be valid shall be returned postmarked no later than May 31st of the year mailed, to the director in Olympia.
((If only one person is nominated for a position on the commission,)) The director shall determine whether the ((person possesses)) persons nominated possess the qualifications required by statute for the position ((and, if the director determines that the person possesses such qualifications, the director shall declare that the person has been duly elected)).
Sec. 27. RCW 15.44.035 and 2002 c 313 s 90 are each amended to read as follows:
(1) The commission shall prior to each advisory election, in sufficient time to satisfy the requirements of RCW 15.44.033, furnish the director with a list of all producers within the district for which the advisory election is being held. The commission shall require each dealer and shipper in addition to the information required under RCW 15.44.110 to furnish the commission with a list of names of producers whose milk they handle.
(2) Any producer may on his or her own motion file his or her name with the commission for the purpose of receiving notice of the advisory election.
(3) It is the responsibility of each producer to ensure that his or her correct address is filed with the commission.
(4) For all purposes of giving notice, holding referenda, and ((electing members of)) conducting advisory votes for nominees to the commission, the applicable list of producers corrected up to the day preceding the date the list is certified and mailed to the director is deemed to be the list of all producers or handlers, as applicable, entitled to notice or to vote. The list shall be corrected and brought up-to-date in accordance with evidence and information provided to the commission.
NEW SECTION. Sec. 28. A new section is added to chapter 15.44 RCW to read as follows:
To accomplish the transition to a commission structure where the director appoints the commission members, the names of the currently elected commission members shall be forwarded to the director for appointment to the commission within thirty days of the effective date of this act. Thereafter, the director shall appoint commission members pursuant to section 25 of this act as the current commission member terms expire.
NEW SECTION. Sec. 29. A new section is added to chapter 15.44 RCW to read as follows:
(1) The commission shall develop and submit to the director for approval any plans, programs, and projects concerning the following:
(a) The establishment, issuance, effectuation, and administration of appropriate programs or projects for the advertising, promotion, and education of the affected commodities; and
(b) The establishment and effectuation of market research projects, market development projects, or both to the end that the marketing and utilization of the affected commodities may be encouraged, expanded, improved, or made more efficient.
(2) The director shall review the commission's advertising or promotion program to ensure that no false claims are being made concerning the affected commodities.
(3) The commission, prior to the beginning of its fiscal year, shall prepare and submit to the director for approval its research plan, its commodity-related education, training and leadership plan, and its budget on a fiscal period basis.
(4) The director shall strive to review and make a determination of all submissions described in this section in a timely manner.
NEW SECTION. Sec. 30. A new section is added to chapter 15.44 RCW to read as follows:
The commission exists primarily for the benefit of the people of the state of Washington and its economy. The legislature hereby charges the commission, with oversight by the director, to speak on behalf of Washington state government with regard to its particular commodities.
NEW SECTION. Sec. 31. A new section is added to chapter 15.44 RCW to read as follows:
The costs incurred by the department of agriculture associated with the implementation of section 29 of this act shall be paid for by the commission.
Sec. 32. RCW 15.44.150 and 2002 c 313 s 102 are each amended to read as follows:
Any action by the commission administrator, member, employee, or agent thereof pertaining to the performance or nonperformance or misperformance of any matters or things authorized, required, or permitted by this chapter, and any other liabilities, debts, or claims against the commission shall be enforced in the same manner as if the commission were a corporation. No liability for the debts or actions of the commission shall exist against the state of Washington or any subdivision or instrumentality thereof. Liability for the debts or actions of the commission's administrator, member, employee, or agent incurred in their official capacity under this chapter does not exist either against the administrator, members, employees, and agents in their individual capacity or the state of Washington. The administrator, its members, and its agents and employees are not responsible individually in any way whatsoever to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime.
All persons employed or contracting under this chapter shall be limited to, and all salaries, expenses, and liabilities incurred by the commission shall be payable only from the funds collected under this chapter.
Sec. 33. RCW 16.67.040 and 2000 c 146 s 1 are each amended to read as follows:
There is hereby created a Washington state beef commission to be thus known and designated. The commission shall be composed of two beef producers, two dairy (beef) producers, two feeders, one livestock salesyard operator, ((and)) one meat packer, and the director, who shall be a voting member. If an otherwise voting member is elected as the chair of the commission, the member may, during the member's term as chair of the commission, cast a vote as a member of the commission only to break a tie vote. ((In addition there may be one ex officio member without the right to vote from the department of agriculture to be designated by the director thereof and,)) If the commission so chooses, there may be one additional nonvoting member in an advisory capacity appointed by the ((voting)) members of the commission for such a term as the ((voting)) members may set.
A majority of voting members shall constitute a quorum for the transaction of any business.
All appointed members as stated in RCW 16.67.060 shall be citizens and residents of this state, over the age of twenty-five years, each of whom is and has been actually engaged in that phase of the cattle industry he or she represents for a period of five years, and has during that period derived a substantial portion of his or her income therefrom, or have a substantial investment in cattle as an owner, lessee, partner, or a stockholder owning at least ten percent of the voting stock in a corporation engaged in the production of cattle or dressed beef, or a manager or executive officer of such corporation. Producer members of the commission shall not be directly engaged in the business of being a meat packer, or as a feeder, feeding cattle other than their own. Said qualifications must continue throughout each member's term of office.
NEW SECTION. Sec. 34. A new section is added to chapter 16.67 RCW to read as follows:
(1) The commission shall develop and submit to the director for approval any plans, programs, and projects concerning the following:
(a) The establishment, issuance, effectuation, and administration of appropriate programs or projects for the advertising and promotion of its affected commodities; and
(b) The establishment and effectuation of market research projects, market development projects, or both to the end that the marketing and utilization of its affected commodities may be encouraged, expanded, improved, or made more efficient.
(2) The director shall review the commission's advertising or promotion program to ensure that no false claims are being made concerning its affected commodities.
(3) The commission, prior to the beginning of its fiscal year, shall prepare and submit to the director for approval its research plan, its commodity-related education and training plan, and its budget on a fiscal period basis.
(4) The director shall strive to review and make a determination of all submissions described in this section in a timely manner.
NEW SECTION. Sec. 35. A new section is added to chapter 16.67 RCW to read as follows:
The commission exists primarily for the benefit of the people of the state of Washington and its economy. The legislature hereby charges the commission, with oversight by the director, to speak on behalf of Washington state government with regard to its particular commodities.
NEW SECTION. Sec. 36. A new section is added to chapter 16.67 RCW to read as follows:
The costs incurred by the department associated with the implementation of section 34 of this act shall be paid for by the commission.
NEW SECTION. Sec. 37. RCW 15.65.245 (When director appoints majority of the board--Nominations--Advisory vote--Notice--Director appoints candidate receiving the most votes--Exception) and 2002 c 313 s 25 are each repealed.
Sec. 38. RCW 15.88.030 and 1997 c 321 s 40 are each amended to read as follows:
(1) There is created an agricultural commodity commission to be known and designated as the Washington wine commission. ((Except as provided in RCW 15.88.100(2),)) The commission shall be composed of ((eleven)) twelve voting members and one nonvoting member; five voting members shall be growers, five voting members shall be wine producers, one voting member shall be the director, and one voting member shall be a wine distributor licensed under RCW 66.24.200. Of the grower members, at least one shall be a person who does not have over fifty acres of vinifera grapes in production, at least one shall be a person who has over one hundred acres of vinifera grapes in production, and two may be persons who produce and sell their own wine. Of the wine producer members, at least one shall be a person producing not more than twenty-five thousand gallons of wine annually, at least one shall be a person producing over one million gallons of wine annually, and at least two shall be persons who produce wine from their own grapes. In addition, at least one member shall be a wine producer located in western Washington and at least two members shall be wine producers located in eastern Washington.
(2) ((In addition to the voting members identified in subsection (1) of this section,)) The commission shall have one nonvoting member who is a wine producer in this state whose principal wine or wines are produced from fruit other than vinifera grapes. ((The director of agriculture, or the director's designee, shall serve as an ex officio, nonvoting member.))
(3) ((Except as provided in RCW 15.88.100(2),)) Seven voting members of the commission constitute a quorum for the transaction of any business of the commission.
(4) Each voting member of the commission shall be a citizen and resident of this state and over the age of twenty-one years. Each voting member, except the member holding position eleven, must be or must have been engaged in that phase of the grower or wine producer industry that he or she is appointed to represent, and must during his or her term of office derive a substantial portion of income therefrom, or have a substantial investment in the growing of vinifera grapes or the production of wine from vinifera grapes as an owner, lessee, partner, or a stockholder owning at least ten percent of the voting stock in a corporation engaged in the growing of vinifera grapes or wine production from vinifera grapes; or the manager or executive officer of such a corporation. These qualifications apply throughout each member's term of office. This subsection does not apply to the director.
Sec. 39. RCW 15.88.040 and 1988 c 254 s 13 are each amended to read as follows:
The ((appointive)) appointed voting positions on the commission shall be designated as follows: The wine producers shall be designated positions one, two, three, four, and five; the growers shall be designated positions six, seven, eight, nine, and ten; ((and)) the wine wholesaler shall be position eleven; and the director shall be position number thirteen. The nonvoting industry member shall be designated position number twelve. The member designated as filling position one shall be a person producing over one million gallons of wine annually. The member designated as position one shall be the sole representative, directly or indirectly, of the producer eligible to hold position one and in no event shall that producer directly or indirectly control more than fifty percent of the votes of the commission.
Except ((as provided in RCW 15.88.100(2))) for position thirteen, the regular terms of office shall be three years from the date of appointment and until their successors are appointed. However, the first terms of the members appointed upon July 1, 1987, shall be as follows: Positions one, six, and eleven shall terminate July 1, 1990; positions two, four, seven, and nine shall terminate July 1, 1989; and positions three, five, eight, and ten shall terminate July 1, 1988. The term of the initial nonvoting industry member shall terminate July 1, 1990.
Sec. 40. RCW 15.88.050 and 2002 c 313 s 111 are each amended to read as follows:
(1) The director shall appoint the members of the commission. In making such appointments ((of the voting members)), the director shall take into consideration recommendations made by the growers' association and the wine institute as the persons recommended for appointment as members of the commission. In appointing persons to the commission, the director shall seek to ensure as nearly as possible a balanced representation on the commission which would reflect the composition of the growers and wine producers throughout the state as to number of acres cultivated and amount of wine produced.
(2) The appointment shall be carried out immediately subsequent to July 1, 1987, and members so appointed as set forth in this chapter shall serve for the periods set forth for the original members of the commission under RCW 15.88.040.
(3) In the event a position on the commission becomes vacant due to resignation, disqualification, death, or for any other reason, the unexpired term of the position shall immediately be filled by appointment by the director.
(4) Each member or employee of the commission shall be reimbursed for actual travel expenses incurred in carrying out the provisions of this chapter as defined by the commission in rule. Otherwise if not defined in rule, reimbursement for travel expenses shall be at the rates allowed by RCW 43.03.050 and 43.03.060.
Sec. 41. RCW 15.88.100 and 1988 c 254 s 14 are each amended to read as follows:
(1) Except as provided in subsection((s)) (2) ((and (3))) of this section, the vote of each of the voting members of the commission shall be weighted as provided by this subsection for the transaction of any of the business of the commission. The total voting strength of the entire voting membership of the commission shall be ((eleven)) twelve votes. The vote of position one shall be equal to the lesser of the following: ((Five)) Six and one-half votes; or eleven votes times the percentage of the wine produced in the state that is produced by the person filling position one. The percentage shall be based upon the amount of wine produced in the previous calendar year and shall be rounded to the nearest ten percent. The remaining votes of the membership of the commission shall be divided equally among the remaining members of the commission.
(2) ((In the event the assessment described in RCW 66.24.215(1)(b) is not effective on July 1, 1989, the positions designated for growers cease to exist. In such an event, the commission shall be composed of six voting members and two nonvoting members. The nonvoting industry member shall be position seven. Four voting members of the commission constitute a quorum for the modified commission. Of the six votes of the entire voting membership of the modified commission, the vote of position one shall be the lesser of the following: Three votes; or six votes times the percentage of the wine produced in the state that is produced by the person filling position one. The percentage shall be based upon the amount of wine produced in the previous calendar year and shall be rounded to the nearest ten percent. The remaining votes of the membership of the commission shall be divided equally among the remaining members of the commission.
(3))) In the event that the percentage of wine produced by the producer represented by position one falls below twenty-five percent of the wine produced in this state, the weighted voting mechanism provided for in subsection((s)) (1) ((and (2))) of this section shall cease to be effective. In that case, the voting shall be based on one vote per position.
NEW SECTION. Sec. 42. A new section is added to chapter 15.88 RCW to read as follows:
(1) The commission shall develop and submit to the director for approval any plans, programs, and projects concerning the following:
(a) The establishment, issuance, effectuation, and administration of appropriate programs or projects for the advertising, promotion, and education of the affected commodities; and
(b) The establishment and effectuation of market research projects, market development projects, or both to the end that the marketing and utilization of the affected commodities may be encouraged, expanded, improved, or made more efficient.
(2) The director shall review the commission's advertising or promotion program to ensure that no false claims are being made concerning the affected commodities.
(3) The commission, prior to the beginning of its fiscal year, shall prepare and submit to the director for approval its research plan, its commodity-related education and training plan, and its budget on a fiscal period basis.
(4) The director shall strive to review and make a determination of all submissions described in this section in a timely manner.
NEW SECTION. Sec. 43. A new section is added to chapter 15.88 RCW to read as follows:
The commission exists primarily for the benefit of the people of the state of Washington and its economy. The legislature hereby charges the commission, with oversight by the director, to speak on behalf of the Washington state government with regard to wine grapes and wine.
Sec. 44. RCW 15.88.180 and 2002 c 313 s 76 are each amended to read as follows:
(1) The director may provide by rule for a method to fund staff support for all commodity boards or commissions in accordance with RCW 43.23.033 if a position is not directly funded by the legislature and costs related to the specific activity undertaken on behalf of an individual commodity board or commission. The commission shall provide funds to the department according to the rules adopted by the director.
(2) The costs incurred by the department associated with the implementation of section 42 of this act shall be paid for by the commission.
NEW SECTION. Sec. 45. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
On page 1, line 1 of the title, after "commissions;" strike the remainder of the title and insert "amending RCW 15.66.030, 15.66.140, 15.66.185, 15.66.110, 15.65.220, 15.28.020, 15.28.040, 15.28.050, 15.28.060, 15.28.070, 15.28.080, 15.44.020, 15.44.033, 15.44.035, 15.44.150, 16.67.040, 15.88.030, 15.88.040, 15.88.050, 15.88.100, and 15.88.180; adding new sections to chapter 15.66 RCW; adding new sections to chapter 15.65 RCW; adding new sections to chapter 15.28 RCW; adding new sections to chapter 15.44 RCW; adding new sections to chapter 16.67 RCW; adding new sections to chapter 15.88 RCW; creating a new section; repealing RCW 15.66.115 and 15.65.245; and declaring an emergency."
and the same is herewith transmitted.
Milt H. Doumit, Secretary
There being no objection, the House concurred in the Senate amendment to HOUSE BILL NO. 1361 and advanced the bill as amended by the Senate to final passage.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
Representative Schoesler spoke in favor of the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be final passage of House Bill No. 1361 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1361, as amended by the Senate and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 91.
Excused: Representatives Edwards, Grant, Kessler, McDonald, McIntire, Pflug and Sullivan - 7.
HOUSE BILL NO. 1361, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 15, 2003
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 1858, with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 82.04 RCW to read as follows:
(1) Upon every person engaging within this state in the business of providing intensive inpatient or recovery house residential treatment services for chemical dependency, certified by the department of social and health services, for which payment from the United States or any instrumentality thereof or from the state of Washington or any municipal corporation or political subdivision thereof is received as compensation for or to support those services; as to such persons the amount of tax with respect to such business shall be equal to the gross income from such services multiplied by the rate of 0.484 percent.
(2) If the persons described in subsection (1) of this section receive income from sources other than those described in subsection (1) of this section or provide services other than those named in subsection (1) of this section, that income and those services are subject to tax as otherwise provided in this chapter.
Sec. 2. RCW 82.04.290 and 2001 1st sp.s. c 9 s 6 are each amended to read as follows:
(1) Upon every person engaging within this state in the business of providing international investment management services, as to such persons, the amount of tax with respect to such business shall be equal to the gross income or gross proceeds of sales of the business multiplied by a rate of 0.275 percent.
(2) Upon every person engaging within this state in any business activity other than or in addition to those enumerated in RCW 82.04.230, 82.04.240, 82.04.250, 82.04.255, 82.04.260, 82.04.270, 82.04.298, 82.04.2905, 82.04.280, 82.04.2907, ((and)) 82.04.272, and section 1 of this act, and subsection (1) of this section; as to such persons the amount of tax on account of such activities shall be equal to the gross income of the business multiplied by the rate of 1.5 percent.
This section includes, among others, and without limiting the scope hereof (whether or not title to materials used in the performance of such business passes to another by accession, confusion or other than by outright sale), persons engaged in the business of rendering any type of service which does not constitute a "sale at retail" or a "sale at wholesale." The value of advertising, demonstration, and promotional supplies and materials furnished to an agent by his principal or supplier to be used for informational, educational and promotional purposes shall not be considered a part of the agent's remuneration or commission and shall not be subject to taxation under this section."
On page 1, line 3 of the title, after "services;" strike the remainder of the title and insert "amending RCW 82.04.290; and adding a new section to chapter 82.04 RCW."
and the same is herewith transmitted.
Milt H. Doumit, Secretary
There being no objection, the House concurred in the Senate amendment to HOUSE BILL NO. 1858 and advanced the bill as amended by the Senate to final passage.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
Representatives Mastin and Dunshee spoke in favor of the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be final passage of House Bill No. 1858 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1858, as amended by the Senate and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 91.
Excused: Representatives Edwards, Grant, Kessler, McDonald, McIntire, Pflug and Sullivan - 7.
HOUSE BILL NO. 1858, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 11, 2003
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 1972, with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 77.15 RCW to read as follows:
Since violation of rules of the department relating to the accounting of the commercial harvest of food fish, commercialized game fish, and shellfish result in damage to the resources of the state, persons selling such fish and shellfish at retail, including but not limited to stores, markets, and restaurants, must maintain sufficient records for the department to be able to ascertain the origin of the fish and shellfish in their possession.
(1) A retail fish seller is guilty of retail fish seller's failure to account for commercial harvest if the retail seller sells fish or shellfish at retail, the fish or shellfish were required to be entered on a Washington state fish receiving ticket, the seller is not a wholesale fish dealer or fisher selling under a direct retail sale endorsement, and the seller fails to maintain sufficient records at the location where the fish or shellfish are being sold to determine the following:
(a) The name of the wholesale fish dealer or fisher selling under a direct retail sale endorsement from whom the fish were purchased;
(b) The wholesale fish dealer's license number or the number of the fisher's sale under a direct retail sale endorsement;
(c) The fish receiving ticket number documenting original receipt, if known;
(d) The date of purchase; and
(e) The amount of fish or shellfish originally purchased from the wholesale dealer or fisher selling under a direct retail sale endorsement.
(2) A retail fish seller's failure to account for commercial harvest is a misdemeanor."
On page 1, beginning on line 2 of the title, after "fish;" strike the remainder of the title and insert "adding a new section to chapter 77.15 RCW; and prescribing penalties."
and the same is herewith transmitted.
Milt H. Doumit, Secretary
There being no objection, the House concurred in the Senate amendment to HOUSE BILL NO. 1972 and advanced the bill as amended by the Senate to final passage.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
Representative Hatfield spoke in favor of the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be final passage of House Bill No. 1972 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1972, as amended by the Senate and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 91.
Excused: Representatives Edwards, Grant, Kessler, McDonald, McIntire, Pflug and Sullivan - 7.
HOUSE BILL NO. 1972, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 15, 2003
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 1980, with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 74.08A.260 and 1997 c 58 s 313 are each amended to read as follows:
((Recipients who have not obtained paid, unsubsidized employment by the end of the job search component authorized in section 312 of this act shall be referred to a work activity.))
(1) Each recipient shall be assessed ((immediately upon completion of the job search component)) after determination of program eligibility and before referral to job search. Assessments shall be based upon factors that are critical to obtaining employment, including but not limited to education, ((employment strengths, and employment history)) availability of child care, history of family violence, history of substance abuse, and other factors that affect the ability to obtain employment. Assessments may be performed by the department or by a contracted entity. The assessment shall be based on a uniform, consistent, transferable format that will be accepted by all agencies and organizations serving the recipient. Based on the assessment, an individual responsibility plan shall be prepared that: (a) Sets forth an employment goal and a plan for moving the recipient immediately into employment; (b) contains the obligation of the recipient to become and remain employed; (c) moves the recipient into whatever employment the recipient is capable of handling as quickly as possible; and (d) describes the services available to the recipient to enable the recipient to obtain and keep employment.
(2) Recipients who are not engaged in work and work activities, and do not qualify for a good cause exemption under RCW 74.08A.270, shall engage in self-directed service as provided in RCW 74.08A.330.
(3) If a recipient refuses to engage in work and work activities required by the department, the family's grant shall be reduced by the recipient's share, and may, if the department determines it appropriate, be terminated.
(4) The department may waive the penalties required under subsection (3) of this section, subject to a finding that the recipient refused to engage in work for good cause provided in RCW 74.08A.270.
(5) In implementing this section, the department shall assign the highest priority to the most employable clients, including adults in two-parent families and parents in single-parent families that include older preschool or school-age children to be engaged in work activities.
(6) In consultation with the recipient, the department or contractor shall place the recipient into a work activity that is available in the local area where the recipient resides.
Sec. 2. RCW 74.08A.275 and 1999 c 340 s 1 are each amended to read as follows:
Each recipient approved to receive temporary assistance for needy families shall be subject to an employability screening under RCW 74.08A.260 after determination of program eligibility and before referral to job search. If the employability screening determines the recipient is not employable, or meets the criteria specified in RCW 74.08A.270 for a good cause exemption to work requirements, the department shall defer the job search requirement under RCW 74.08A.285 ((and refer the recipient immediately to the assessment procedure required under RCW 74.08A.260)).
Sec. 3. RCW 74.08A.285 and 1998 c 89 s 1 are each amended to read as follows:
The WorkFirst program operated by the department to meet the federal work requirements specified in P.L. 104-193 shall contain a job search component. The component shall consist of instruction on how to secure a job and assisted job search activities to locate and retain employment. Nonexempt recipients of temporary assistance for needy families shall participate in an initial job search for no more than twelve consecutive weeks. Each recipient shall receive a work skills assessment upon referral to the job search program. The work skills assessment shall include but not be limited to education, employment history, employment strengths, and job skills. The recipient's ability to obtain employment will be reviewed ((within the first four weeks of job search and)) periodically thereafter and, if it is clear at any time that further participation in a job search will not be productive, the department shall assess the recipient pursuant to RCW 74.08A.260. The department shall refer recipients unable to find employment through the initial job search period to work activities that will develop their skills or knowledge to make them more employable, including additional job search and job readiness assistance."
On page 1, line 2 of the title, after "program;" strike the remainder of the title and insert "and amending RCW 74.08A.260, 74.08A.275, and 74.08A.285."
and the same is herewith transmitted.
Milt H. Doumit, Secretary
There being no objection, the House concurred in the Senate amendment to HOUSE BILL NO. 1980 and advanced the bill as amended by the Senate to final passage.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative Lovick presiding) stated the question before the House to be final passage of House Bill No. 1980 as amended by the Senate.
Representative Boldt spoke in favor of the passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1980, as amended by the Senate and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 91.
Excused: Representatives Edwards, Grant, Kessler, McDonald, McIntire, Pflug and Sullivan - 7.
HOUSE BILL NO. 1980, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 14, 2003
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 2001, with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 84.36 RCW to read as follows:
The real and personal property owned or used by a nonprofit organization is exempt from taxation if the property is used for solicitation or collection of gifts, donations, or grants for the support of individual artists and the organization meets all of the following conditions:
(1) The organization is organized and conducted for nonsectarian purposes.
(2) The organization is qualified for exemption under section 501(c)(3) of the federal internal revenue code.
(3) The organization is governed by a volunteer board of directors of at least eight members.
(4) If the property is leased, the benefit of the exemption inures to the user.
(5) The gifts, donations, and grants are used by the organization for grants, fellowships, information services, and educational resources in support of individual artists engaged in the production or performance of musical, dance, artistic, dramatic, or literary works.
Sec. 2. RCW 84.36.810 and 2001 c 126 s 3 are each amended to read as follows:
(1)(a) Upon cessation of a use under which an exemption has been granted pursuant to RCW 84.36.030, 84.36.037, 84.36.040, 84.36.041, 84.36.042, 84.36.043, 84.36.046, 84.36.050, 84.36.060, 84.36.550, section 1 of this act, 84.36.560, and 84.36.570, except as provided in (b) of this subsection, the county treasurer shall collect all taxes which would have been paid had the property not been exempt during the three years preceding, or the life of such exemption, if such be less, together with the interest at the same rate and computed in the same way as that upon delinquent property taxes. If the property has been granted an exemption for more than ten consecutive years, taxes and interest shall not be assessed under this section.
(b) Upon cessation of use by an institution of higher education of property exempt under RCW 84.36.050(2) the county treasurer shall collect all taxes which would have been paid had the property not been exempt during the seven years preceding, or the life of the exemption, whichever is less.
(2) Subsection (1) of this section applies only when ownership of the property is transferred or when fifty-one percent or more of the area of the property loses its exempt status. The additional tax under subsection (1) of this section shall not be imposed if the cessation of use resulted solely from:
(a) Transfer to a nonprofit organization, association, or corporation for a use which also qualifies and is granted exemption under this chapter;
(b) A taking through the exercise of the power of eminent domain, or sale or transfer to an entity having the power of eminent domain in anticipation of the exercise of such power;
(c) Official action by an agency of the state of Washington or by the county or city within which the property is located which disallows the present use of such property;
(d) A natural disaster such as a flood, windstorm, earthquake, or other such calamity rather than by virtue of the act of the organization, association, or corporation changing the use of such property;
(e) Relocation of the activity and use of another location or site except for undeveloped properties of camp facilities exempted under RCW 84.36.030;
(f) Cancellation of a lease on leased property that had been exempt under this chapter ((or RCW 84.36.560)); or
(g) A change in the exempt portion of a home for the aging under RCW 84.36.041(3), as long as some portion of the home remains exempt.
(3) Subsections (2)(e) and (f) of this section do not apply to property leased to a state institution of higher education and exempt under RCW 84.36.050(2).
NEW SECTION. Sec. 3. This act applies to taxes levied for collection in 2004 and thereafter."
On page 1, line 2 of the title, after "artists;" strike the remainder of the title and insert "amending RCW 84.36.810; adding a new section to chapter 84.36 RCW; and creating a new section."
and the same is herewith transmitted.
Milt H. Doumit, Secretary
There being no objection, the House concurred in the Senate amendment to HOUSE BILL NO. 2001 and advanced the bill as amended by the Senate to final passage.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
Representative Murray spoke in favor of the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be final passage of House Bill No. 2001 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2001, as amended by the Senate and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 91.
Excused: Representatives Edwards, Grant, Kessler, McDonald, McIntire, Pflug and Sullivan - 7.
HOUSE BILL NO. 2001, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 11, 2003
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 2186, with the following amendment:
On page 2, after line 6, insert the following:
"NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
On page 1, on line 4 of the title, strike "and adding a new section to chapter 41.40 RCW" and insert "adding a new section to chapter 41.40 RCW; and declaring an emergency"
and the same is herewith transmitted.
Milt H. Doumit, Secretary
There being no objection, the House concurred in the Senate amendment to HOUSE BILL NO. 2186 and advanced the bill as amended by the Senate to final passage.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
Representative Conway spoke in favor of the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be final passage of House Bill No. 2186 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2186, as amended by the Senate and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 91.
Excused: Representatives Edwards, Grant, Kessler, McDonald, McIntire, Pflug and Sullivan - 7.
HOUSE BILL NO. 2186, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 23, 2003
Mr. Speaker:
The Senate insists on its position on SUBSTITUTE HOUSE BILL NO. 1380 and asks the House to concur, and the same is herewith transmitted.
Milt H. Doumit, Secretary
There being no objection, the House concurred in the Senate amendment to SUBSTITUTE HOUSE BILL NO. 1380 and advanced the bill as amended by the Senate to final passage.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative Lovick presiding) stated the question before the House to be final passage of Substitute House Bill No. 1380 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1380, as amended by the Senate and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 91.
Excused: Representatives Edwards, Grant, Kessler, McDonald, McIntire, Pflug and Sullivan - 7.
SUBSTITUTE HOUSE BILL NO. 1380, as amended by the Senate, having received the constitutional majority, was declared passed.
HOUSE AMENDMENTS TO SENATE BILL
April 21, 2003
Mr. Speaker:
The Senate refuses to concur in the House amendment to SUBSTITUTE SENATE BILL NO. 5474 and asks the House to recede therefrom, and the same is herewith transmitted.
Milt H. Doumit, Secretary
There being no objection, the House insisted on its position regarding House amendment to SUBSTITUTE SENATE BILL NO. 5474 and again asked the Senate to concur therein.
SENATE AMENDMENTS TO HOUSE BILL
April 23, 2003
Mr. Speaker:
The Senate concurs in the House amendment to ENGROSSED SENATE BILL NO. 5073 on page 5, line 23; and the Senate refuses to concur in the House amendment to the bill on page 2, lines 25 and 29, and asks the House to recede therefrom, and the same is herewith transmitted.
Milt H. Doumit, Secretary
There being no objection, the rules were suspended and ENGROSSED SENATE BILL NO. 5073 was returned to Second Reading for purpose of amendment.
SECOND READING
ENGROSSED SENATE BILL NO. 5073, By Senators Fraser, Honeyford, Hale and Kohl-Welles
Adopting provisions for cooperative watershed management plans.
Representative Rockefeller moved the adoption of the following amendment (497):
On page 2, line 31, after "act" insert "or to water-related revenues of a public utility district organized according to Title 54 RCW"
On page 5, line 23, after "activity." insert "The revenue proposal shall include provisions to ensure that persons or parcels within the watershed plan area will not be taxed or assessed by more than one public agency for a specific watershed management plan project, program, or activity."
Representative Rockefeller spoke in favor of adoption of the amendment.
There being no objection, the House deferred action on ENGROSSED SENATE BILL NO. 5073, and the bill held its place on the Second Reading calendar.
HOUSE BILL NO. 1693, By Representatives Cody, Skinner, Clibborn and Morrell; by request of Department of Social and Health Services
Revising the provision for increasing the direct care component rate allocation for residents with exceptional care needs.
The bill was read the second time. There being no objection, Substitute House Bill No. 1693 was substituted for House Bill No. 1693 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 1693 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Cody and Skinner spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1693.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1693 and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 91.
Excused: Representatives Edwards, Grant, Kessler, McDonald, McIntire, Pflug and Sullivan - 7.
SUBSTITUTE HOUSE BILL NO. 1693, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2192, By Representatives Cody and Clements
Taxing parimutuel machines.
The bill was read the second time. There being no objection, Substitute House Bill No. 2192 was substituted for House Bill No. 2192 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2192 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Cody and Cairnes spoke in favor of passage of the bill.
Representative Schoesler spoke against the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2192.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2192 and the bill passed the House by the following vote: Yeas - 84, Nays - 8, Absent - 0, Excused - 6.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Lantz, Linville, Lovick, Mastin, McDermott, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Woods and Mr. Speaker - 84.
Voting nay: Representatives Bush, Cox, Ericksen, Kirby, Kristiansen, McCoy, Schoesler and Wood - 8.
Excused: Representatives Edwards, Kessler, McDonald, McIntire, Pflug and Sullivan - 6.
SUBSTITUTE HOUSE BILL NO. 2192, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2238, By Representative Quall
Eliminating the communication portion of the WASL.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Quall and Talcott spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 2238.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2238 and the bill passed the House by the following vote: Yeas - 90, Nays - 2, Absent - 0, Excused - 6.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunter, Jarrett, Kagi, Kenney, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Skinner, Sommers, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 90.
Voting nay: Representatives Hunt and Simpson - 2.
Excused: Representatives Edwards, Kessler, McDonald, McIntire, Pflug and Sullivan - 6.
HOUSE BILL NO. 2238, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 2257, By Representatives Sommers, Fromhold and Moeller
Concerning the treatment of income and resources for institutionalized persons receiving medical assistance.
The bill was read the second time. There being no objection, Substitute House Bill No. 2257 was substituted for House Bill No. 2257 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2257 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Cody and Pearson spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2257.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2257 and the bill passed the House by the following vote: Yeas - 87, Nays - 5, Absent - 0, Excused - 6.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kristiansen, Lantz, Linville, Mastin, McCoy, McDermott, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Skinner, Sommers, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 87.
Voting nay: Representatives Conway, Eickmeyer, Kirby, Lovick and Simpson - 5.
Excused: Representatives Edwards, Kessler, McDonald, McIntire, Pflug and Sullivan - 6.
SUBSTITUTE HOUSE BILL NO. 2257, having received the necessary constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5178, By Senate Committee on Commerce & Trade (originally sponsored by Senators Hewitt, T. Sheldon, Rasmussen, Franklin, Shin, Rossi, Hale and B. Sheldon; by request of Lieutenant Governor)
Creating the legislative international trade account.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Appropriations was adopted. (For committee amendment, see Journal, 99th Day, April 21, 2003.)
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House, was placed on final passage.
Representatives Veloria and Skinner spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 5178, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5178, as amended by the House, and the bill passed the House by the following vote: Yeas - 84, Nays - 8, Absent - 0, Excused - 6.
Voting yea: Representatives Alexander, Armstrong, Bailey, Blake, Boldt, Buck, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, O'Brien, Orcutt, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Romero, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 84.
Voting nay: Representatives Ahern, Anderson, Benson, Berkey, Bush, Conway, Nixon and Ruderman - 8.
Excused: Representatives Edwards, Kessler, McDonald, McIntire, Pflug and Sullivan - 6.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5178, as amended by the House, having received the necessary constitutional majority, was declared passed.
SENATE BILL NO. 5363, By Senators Hale, T. Sheldon, Fairley, Prentice, Doumit, West, Winsley, Rasmussen and Schmidt; by request of Governor Locke
Providing an ongoing funding source for the community economic revitalization board's financial assistance programs.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Veloria spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 5363.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5363 and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 93.
Excused: Representatives Edwards, Kessler, McDonald, McIntire and Pflug - 5.
SENATE BILL NO. 5363, having received the necessary constitutional majority, was declared passed.
The Speaker (Representative Lovick presiding) called upon Representative Hatfield to preside.
REPORTS OF STANDING COMMITTEES
April 23, 2003
HB 2259 Prime Sponsor, Representative Sommers: Revising provisions relating to compulsory school attendance. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass. Signed by Representatives Sommers, Chairman; Fromhold, Vice Chairman; Cody; Conway; Dunshee; Grant; Hunter; Kagi; Kenney; Kessler; Linville; McIntire; Miloscia; Ruderman and Schual-Berke.
MINORITY recommendation: Do not pass. Signed by Representatives Sehlin, Ranking Minority Member; Pearson, Assistant Ranking Minority Member; Alexander; Boldt; Buck; Clements; Cox; DeBolt; McDonald; Pflug; Sump and Talcott.
April 23, 2003
HB 2262 Prime Sponsor, Representative Cody: Revising license and certificate fees for emergency medical services and personnel. Reported by Committee on Appropriations
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Sommers, Chairman; Fromhold, Vice Chairman; Cody; Conway; Dunshee; Grant; Hunter; Kagi; Kenney; Kessler; Linville; McIntire; Miloscia; Pflug and Ruderman.
MINORITY recommendation: Do not pass. Signed by Representatives Sehlin, Ranking Minority Member; Pearson, Assistant Ranking Minority Member; Alexander; Boldt; Buck; Clements; Cox; DeBolt; McDonald; Schual-Berke; Sump and Talcott.
April 23, 2003
ESSB 5990 Prime Sponsor, Senate Committee On Children & Family Services & Corrections: Changing times and supervision standards for release of offenders. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 9.94A.728 and 2002 c 290 s 21 and 2002 c 50 s 2 are each reenacted and amended to read as follows:
No person serving a sentence imposed pursuant to this chapter and committed to the custody of the department shall leave the confines of the correctional facility or be released prior to the expiration of the sentence except as follows:
(1) Except as otherwise provided for in subsection (2) of this section, the term of the sentence of an offender committed to a correctional facility operated by the department may be reduced by earned release time in accordance with procedures that shall be developed and promulgated by the correctional agency having jurisdiction in which the offender is confined. The earned release time shall be for good behavior and good performance, as determined by the correctional agency having jurisdiction. The correctional agency shall not credit the offender with earned release credits in advance of the offender actually earning the credits. Any program established pursuant to this section shall allow an offender to earn early release credits for presentence incarceration. If an offender is transferred from a county jail to the department, the administrator of a county jail facility shall certify to the department the amount of time spent in custody at the facility and the amount of earned release time. An offender who has been convicted of a felony committed after July 23, 1995, that involves any applicable deadly weapon enhancements under RCW 9.94A.533 (3) or (4), or both, shall not receive any good time credits or earned release time for that portion of his or her sentence that results from any deadly weapon enhancements.
(a) In the case of an offender convicted of a serious violent offense, or a sex offense that is a class A felony, committed on or after July 1, 1990, and before July 1, 2003, the aggregate earned release time may not exceed fifteen percent of the sentence. In the case of an offender convicted of a serious violent offense, or a sex offense that is a class A felony, committed on or after July 1, 2003, the aggregate earned release time may not exceed ten percent of the sentence.
(b)(i) In the case of an offender who qualifies under (b)(ii) of this subsection, the aggregate earned release time may not exceed fifty percent of the sentence.
(ii) An offender is qualified to earn up to fifty percent of aggregate earned release time under this subsection (1)(b) if he or she:
(A) Is classified in one of the two lowest risk categories under (b)(iii) of this subsection;
(B) Is not confined pursuant to a sentence for:
(I) A sex offense;
(II) A violent offense;
(III) A crime against persons as defined in RCW 9.94A.411;
(IV) A felony that is domestic violence as defined in RCW 10.99.020;
(V) A violation of RCW 9A.52.025 (residential burglary);
(VI) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; or
(VII) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor); and
(C) Has no prior conviction for:
(I) A sex offense;
(II) A violent offense;
(III) A crime against persons as defined in RCW 9.94A.411;
(IV) A felony that is domestic violence as defined in RCW 10.99.020;
(V) A violation of RCW 9A.52.025 (residential burglary);
(VI) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; or
(VII) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor).
(iii) For purposes of determining an offender's eligibility under this subsection (1)(b), the department shall perform a risk assessment of every offender committed to a correctional facility operated by the department who has no current or prior conviction for a sex offense, a violent offense, a crime against persons as defined in RCW 9.94A.411, a felony that is domestic violence as defined in RCW 10.99.020, a violation of RCW 9A.52.025 (residential burglary), a violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine, or a violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor). The department must classify each assessed offender in one of four risk categories between highest and lowest risk.
(iv) The department shall recalculate the earned release time and reschedule the expected release dates for each qualified offender under this subsection (1)(b).
(v) This subsection (1)(b) applies retroactively to eligible offenders serving terms of total confinement in a state correctional facility as of the effective date of this section.
(vi) This subsection (1)(b) does not apply to offenders convicted after July 1, 2010.
(c) In no other case shall the aggregate earned release time exceed one-third of the total sentence;
(2)(a) A person convicted of a sex offense or an offense categorized as a serious violent offense, assault in the second degree, vehicular homicide, vehicular assault, assault of a child in the second degree, any crime against persons where it is determined in accordance with RCW 9.94A.602 that the offender or an accomplice was armed with a deadly weapon at the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW, committed before July 1, 2000, may become eligible, in accordance with a program developed by the department, for transfer to community custody status in lieu of earned release time pursuant to subsection (1) of this section;
(b) A person convicted of a sex offense, a violent offense, any crime against persons under RCW 9.94A.411(2), or a felony offense under chapter 69.50 or 69.52 RCW, committed on or after July 1, 2000, may become eligible, in accordance with a program developed by the department, for transfer to community custody status in lieu of earned release time pursuant to subsection (1) of this section;
(c) The department shall, as a part of its program for release to the community in lieu of earned release, require the offender to propose a release plan that includes an approved residence and living arrangement. All offenders with community placement or community custody terms eligible for release to community custody status in lieu of earned release shall provide an approved residence and living arrangement prior to release to the community;
(d) The department may deny transfer to community custody status in lieu of earned release time pursuant to subsection (1) of this section if the department determines an offender's release plan, including proposed residence location and living arrangements, may violate the conditions of the sentence or conditions of supervision, place the offender at risk to violate the conditions of the sentence, place the offender at risk to reoffend, or present a risk to victim safety or community safety. The department's authority under this section is independent of any court-ordered condition of sentence or statutory provision regarding conditions for community custody or community placement;
(3) An offender may leave a correctional facility pursuant to an authorized furlough or leave of absence. In addition, offenders may leave a correctional facility when in the custody of a corrections officer or officers;
(4)(a) The secretary may authorize an extraordinary medical placement for an offender when all of the following conditions exist:
(i) The offender has a medical condition that is serious enough to require costly care or treatment;
(ii) The offender poses a low risk to the community because he or she is physically incapacitated due to age or the medical condition; and
(iii) Granting the extraordinary medical placement will result in a cost savings to the state.
(b) An offender sentenced to death or to life imprisonment without the possibility of release or parole is not eligible for an extraordinary medical placement.
(c) The secretary shall require electronic monitoring for all offenders in extraordinary medical placement unless the electronic monitoring equipment interferes with the function of the offender's medical equipment or results in the loss of funding for the offender's medical care. The secretary shall specify who shall provide the monitoring services and the terms under which the monitoring shall be performed.
(d) The secretary may revoke an extraordinary medical placement under this subsection at any time((.));
(5) The governor, upon recommendation from the clemency and pardons board, may grant an extraordinary release for reasons of serious health problems, senility, advanced age, extraordinary meritorious acts, or other extraordinary circumstances;
(6) No more than the final six months of the sentence may be served in partial confinement designed to aid the offender in finding work and reestablishing himself or herself in the community;
(7) The governor may pardon any offender;
(8) The department may release an offender from confinement any time within ten days before a release date calculated under this section; and
(9) An offender may leave a correctional facility prior to completion of his or her sentence if the sentence has been reduced as provided in RCW 9.94A.870.
Notwithstanding any other provisions of this section, an offender sentenced for a felony crime listed in RCW 9.94A.540 as subject to a mandatory minimum sentence of total confinement shall not be released from total confinement before the completion of the listed mandatory minimum sentence for that felony crime of conviction unless allowed under RCW 9.94A.540, however persistent offenders are not eligible for extraordinary medical placement.
NEW SECTION. Sec. 2. A new section is added to chapter 9.94A RCW to read as follows:
The legislature declares that the changes to the maximum percentages of earned release time in this act do not create any expectation that the percentage of earned release time cannot be revised and offenders have no reason to conclude that the maximum percentage of earned release time is an entitlement or creates any liberty interest. The legislature retains full control over the right to revise the percentages of earned release time available to offenders at any time. This section applies to persons convicted on or after the effective date of this section.
NEW SECTION. Sec. 3. A new section is added to chapter 9.94A RCW to read as follows:
(1) When the department performs a risk assessment pursuant to RCW 9.94A.500, or to determine a person's conditions of supervision, the risk assessment shall classify the offender into one of at least four risk categories.
(2) The department shall supervise every offender sentenced to a term of community custody, community placement, or community supervision:
(a) Whose risk assessment places that offender in one of the two highest risk categories; or
(b) Regardless of the offender's risk category if:
(i) The offender's current conviction is for:
(A) A sex offense;
(B) A violent offense;
(C) A crime against persons as defined in RCW 9.94A.411;
(D) A felony that is domestic violence as defined in RCW 10.99.020;
(E) A violation of RCW 9A.52.025 (residential burglary);
(F) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; or
(G) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor);
(ii) The offender has a prior conviction for:
(A) A sex offense;
(B) A violent offense;
(C) A crime against persons as defined in RCW 9.94A.411;
(D) A felony that is domestic violence as defined in RCW 10.99.020;
(E) A violation of RCW 9A.52.025 (residential burglary);
(F) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; or
(G) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor);
(iii) The conditions of the offender's community custody, community placement, or community supervision include chemical dependency treatment;
(iv) The offender was sentenced under RCW 9.94A.650 or 9.94A.670; or
(v) The offender is subject to supervision pursuant to RCW 9.94A.745.
(3) The department is not authorized to, and may not, supervise any offender sentenced to a term of community custody, community placement, or community supervision unless the offender is one for whom supervision is required under subsection (2) of this section.
(4) This section expires July 1, 2010.
Sec. 4. RCW 9.94A.700 and 2002 c 175 s 13 are each amended to read as follows:
When a court sentences an offender to a term of total confinement in the custody of the department for any of the offenses specified in this section, the court shall also sentence the offender to a term of community placement as provided in this section. Except as provided in section 3 of this act, the department shall supervise any sentence of community placement imposed under this section.
(1) The court shall order a one-year term of community placement for the following:
(a) A sex offense or a serious violent offense committed after July 1, 1988, but before July 1, 1990; or
(b) An offense committed on or after July 1, 1988, but before July 25, 1999, that is:
(i) Assault in the second degree;
(ii) Assault of a child in the second degree;
(iii) A crime against persons where it is determined in accordance with RCW 9.94A.602 that the offender or an accomplice was armed with a deadly weapon at the time of commission; or
(iv) A felony offense under chapter 69.50 or 69.52 RCW not sentenced under RCW 9.94A.660.
(2) The court shall sentence the offender to a term of community placement of two years or up to the period of earned release awarded pursuant to RCW 9.94A.728, whichever is longer, for:
(a) An offense categorized as a sex offense committed on or after July 1, 1990, but before June 6, 1996, including those sex offenses also included in other offense categories;
(b) A serious violent offense other than a sex offense committed on or after July 1, 1990, but before July 1, 2000; or
(c) A vehicular homicide or vehicular assault committed on or after July 1, 1990, but before July 1, 2000.
(3) The community placement ordered under this section shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release. When the court sentences an offender to the statutory maximum sentence then the community placement portion of the sentence shall consist entirely of the community custody to which the offender may become eligible. Any period of community custody actually served shall be credited against the community placement portion of the sentence.
(4) Unless a condition is waived by the court, the terms of any community placement imposed under this section shall include the following conditions:
(a) The offender shall report to and be available for contact with the assigned community corrections officer as directed;
(b) The offender shall work at department-approved education, employment, or community restitution, or any combination thereof;
(c) The offender shall not possess or consume controlled substances except pursuant to lawfully issued prescriptions;
(d) The offender shall pay supervision fees as determined by the department; and
(e) The residence location and living arrangements shall be subject to the prior approval of the department during the period of community placement.
(5) As a part of any terms of community placement imposed under this section, the court may also order one or more of the following special conditions:
(a) The offender shall remain within, or outside of, a specified geographical boundary;
(b) The offender shall not have direct or indirect contact with the victim of the crime or a specified class of individuals;
(c) The offender shall participate in crime-related treatment or counseling services;
(d) The offender shall not consume alcohol; or
(e) The offender shall comply with any crime-related prohibitions.
(6) An offender convicted of a felony sex offense against a minor victim after June 6, 1996, shall comply with any terms and conditions of community placement imposed by the department relating to contact between the sex offender and a minor victim or a child of similar age or circumstance as a previous victim.
(7) Prior to or during community placement, upon recommendation of the department, the sentencing court may remove or modify any conditions of community placement so as not to be more restrictive.
Sec. 5. RCW 9.94A.705 and 2000 c 28 s 23 are each amended to read as follows:
Except for persons sentenced under RCW 9.94A.700(2) or 9.94A.710, when a court sentences a person to a term of total confinement to the custody of the department for a violent offense, any crime against persons under RCW 9.94A.411(2), or any felony offense under chapter 69.50 or 69.52 RCW not sentenced under RCW 9.94A.660, committed on or after July 25, 1999, but before July 1, 2000, the court shall in addition to the other terms of the sentence, sentence the offender to a one-year term of community placement beginning either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release in accordance with RCW 9.94A.728 (1) and (2). When the court sentences the offender under this section to the statutory maximum period of confinement, then the community placement portion of the sentence shall consist entirely of such community custody to which the offender may become eligible, in accordance with RCW 9.94A.728 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence. Except as provided in section 3 of this act, the department shall supervise any sentence of community placement or community custody imposed under this section.
Sec. 6. RCW 9.94A.715 and 2001 2nd sp.s. c 12 s 302 are each amended to read as follows:
(1) When a court sentences a person to the custody of the department for a sex offense not sentenced under RCW 9.94A.712, a violent offense, any crime against persons under RCW 9.94A.411(2), or a felony offense under chapter 69.50 or 69.52 RCW, committed on or after July 1, 2000, the court shall in addition to the other terms of the sentence, sentence the offender to community custody for the community custody range established under RCW 9.94A.850 or up to the period of earned release awarded pursuant to RCW 9.94A.728 (1) and (2), whichever is longer. The community custody shall begin: (a) Upon completion of the term of confinement; (b) at such time as the offender is transferred to community custody in lieu of earned release in accordance with RCW 9.94A.728 (1) and (2); or (c) with regard to offenders sentenced under RCW 9.94A.660, upon failure to complete or administrative termination from the special drug offender sentencing alternative program. Except as provided in section 3 of this act, the department shall supervise any sentence of community custody imposed under this section.
(2)(a) Unless a condition is waived by the court, the conditions of community custody shall include those provided for in RCW 9.94A.700(4). The conditions may also include those provided for in RCW 9.94A.700(5). The court may also order the offender to participate in rehabilitative programs or otherwise perform affirmative conduct reasonably related to the circumstances of the offense, the offender's risk of reoffending, or the safety of the community, and the department shall enforce such conditions pursuant to subsection (6) of this section.
(b) As part of any sentence that includes a term of community custody imposed under this subsection, the court shall also require the offender to comply with any conditions imposed by the department under RCW 9.94A.720. The department shall assess the offender's risk of reoffense and may establish and modify additional conditions of the offender's community custody based upon the risk to community safety. In addition, the department may require the offender to participate in rehabilitative programs, or otherwise perform affirmative conduct, and to obey all laws.
(c) The department may not impose conditions that are contrary to those ordered by the court and may not contravene or decrease court imposed conditions. The department shall notify the offender in writing of any such conditions or modifications. In setting, modifying, and enforcing conditions of community custody, the department shall be deemed to be performing a quasi-judicial function.
(3) If an offender violates conditions imposed by the court or the department pursuant to this section during community custody, the department may transfer the offender to a more restrictive confinement status and impose other available sanctions as provided in RCW 9.94A.737 and 9.94A.740.
(4) Except for terms of community custody under RCW 9.94A.670, the department shall discharge the offender from community custody on a date determined by the department, which the department may modify, based on risk and performance of the offender, within the range or at the end of the period of earned release, whichever is later.
(5) At any time prior to the completion or termination of a sex offender's term of community custody, if the court finds that public safety would be enhanced, the court may impose and enforce an order extending any or all of the conditions imposed pursuant to this section for a period up to the maximum allowable sentence for the crime as it is classified in chapter 9A.20 RCW, regardless of the expiration of the offender's term of community custody. If a violation of a condition extended under this subsection occurs after the expiration of the offender's term of community custody, it shall be deemed a violation of the sentence for the purposes of RCW 9.94A.631 and may be punishable as contempt of court as provided for in RCW 7.21.040. If the court extends a condition beyond the expiration of the term of community custody, the department is not responsible for supervision of the offender's compliance with the condition.
(6) Within the funds available for community custody, the department shall determine conditions and duration of community custody on the basis of risk to community safety, and shall supervise offenders during community custody on the basis of risk to community safety and conditions imposed by the court. The secretary shall adopt rules to implement the provisions of this subsection.
(7) By the close of the next business day after receiving notice of a condition imposed or modified by the department, an offender may request an administrative review under rules adopted by the department. The condition shall remain in effect unless the reviewing officer finds that it is not reasonably related to any of the following: (a) The crime of conviction; (b) the offender's risk of reoffending; or (c) the safety of the community.
Sec. 7. RCW 9.94A.720 and 2002 c 175 s 14 are each amended to read as follows:
(1)(a) Except as provided in section 3 of this act, all offenders sentenced to terms involving community supervision, community restitution, community placement, or community custody((, or legal financial obligation)) shall be under the supervision of the department and shall follow explicitly the instructions and conditions of the department. The department may require an offender to perform affirmative acts it deems appropriate to monitor compliance with the conditions of the sentence imposed. The department may only supervise the offender's compliance with payment of legal financial obligations during any period in which the department is authorized to supervise the offender in the community under section 3 of this act.
(b) The instructions shall include, at a minimum, reporting as directed to a community corrections officer, remaining within prescribed geographical boundaries, notifying the community corrections officer of any change in the offender's address or employment, and paying the supervision fee assessment.
(c) For offenders sentenced to terms involving community custody for crimes committed on or after June 6, 1996, the department may include, in addition to the instructions in (b) of this subsection, any appropriate conditions of supervision, including but not limited to, prohibiting the offender from having contact with any other specified individuals or specific class of individuals.
(d) For offenders sentenced to terms of community custody for crimes committed on or after July 1, 2000, the department may impose conditions as specified in RCW 9.94A.715.
The conditions authorized under (c) of this subsection may be imposed by the department prior to or during an offender's community custody term. If a violation of conditions imposed by the court or the department pursuant to RCW 9.94A.710 occurs during community custody, it shall be deemed a violation of community placement for the purposes of RCW 9.94A.740 and shall authorize the department to transfer an offender to a more restrictive confinement status as provided in RCW 9.94A.737. At any time prior to the completion of an offender's term of community custody, the department may recommend to the court that any or all of the conditions imposed by the court or the department pursuant to RCW 9.94A.710 or 9.94A.715 be continued beyond the expiration of the offender's term of community custody as authorized in RCW 9.94A.715 (3) or (5).
The department may require offenders to pay for special services rendered on or after July 25, 1993, including electronic monitoring, day reporting, and telephone reporting, dependent upon the offender's ability to pay. The department may pay for these services for offenders who are not able to pay.
(2) No offender sentenced to terms involving community supervision, community restitution, community custody, or community placement under the supervision of the department may own, use, or possess firearms or ammunition. Offenders who own, use, or are found to be in actual or constructive possession of firearms or ammunition shall be subject to the violation process and sanctions under RCW 9.94A.634, 9.94A.737, and 9.94A.740. "Constructive possession" as used in this subsection means the power and intent to control the firearm or ammunition. "Firearm" as used in this subsection has the same definition as in RCW 9.41.010.
Sec. 8. RCW 9.94A.545 and 2000 c 28 s 13 are each amended to read as follows:
Except as provided in RCW 9.94A.650, on all sentences of confinement for one year or less, in which the offender is convicted of a sex offense, a violent offense, a crime against a person under RCW 9.94A.411, or felony violation of chapter 69.50 or 69.52 RCW or an attempt, conspiracy, or solicitation to commit such a crime, the court may impose up to one year of community custody, subject to conditions and sanctions as authorized in RCW 9.94A.715 and 9.94A.720. An offender shall be on community custody as of the date of sentencing. However, during the time for which the offender is in total or partial confinement pursuant to the sentence or a violation of the sentence, the period of community custody shall toll.
Sec. 9. 2002 c 290 s 30 (uncodified) is amended to read as follows:
Section 2 of this act expires ((July 1, 2004)) on the effective date of section 9, chapter..., Laws of 2003 (section 9 of this act).
Sec. 10. 2002 c 290 s 31 (uncodified) is amended to read as follows:
Sections 7 through 11 and 14 through 23 of this act take effect ((July 1, 2004, and apply to crimes committed on or after July 1, 2004)) on the effective date of section 9, chapter..., Laws of 2003 (section 9 of this act).
Sec. 11. RCW 70.96A.350 and 2002 c 290 s 4 are each amended to read as follows:
(1) The criminal justice treatment account is created in the state treasury. Moneys in the account may be expended solely for: (a) Substance abuse treatment and treatment support services for offenders with an addiction or a substance abuse problem that, if not treated, would result in addiction, against whom charges are filed by a prosecuting attorney in Washington state; and (b) the provision of drug and alcohol treatment services and treatment support services for nonviolent offenders within a drug court program. Moneys in the account may be spent only after appropriation.
(2) For purposes of this section:
(a) "Treatment" means services that are critical to a participant's successful completion of his or her substance abuse treatment program, but does not include the following services: Housing other than that provided as part of an inpatient substance abuse treatment program, vocational training, and mental health counseling; and
(b) "Treatment support" means transportation to or from inpatient or outpatient treatment services when no viable alternative exists, and child care services that are necessary to ensure a participant's ability to attend outpatient treatment sessions.
(3) Revenues to the criminal justice treatment account consist of: (a) ((Savings to the state general fund resulting from implementation of chapter 290, Laws of 2002, as calculated)) Funds transferred to the account pursuant to this section; and (b) any other revenues appropriated to or deposited in the account.
(4)(a) ((The department of corrections, the sentencing guidelines commission, the office of financial management, and the caseload forecast council shall develop a methodology for calculating the projected biennial savings under this section. Savings shall be projected for the fiscal biennium beginning on July 1, 2003, and for each biennium thereafter. By September 1, 2002, the proposed methodology shall be submitted to the governor and the appropriate committees of the legislature. The methodology is deemed approved unless the legislature enacts legislation to modify or reject the methodology.
(b) When the department of corrections submits its biennial budget request to the governor in 2002 and in each even-numbered year thereafter, the department of corrections shall use the methodology approved in (a) of this subsection to calculate savings to the state general fund for the ensuing fiscal biennium resulting from reductions in drug offender sentencing as a result of sections 2 and 3, chapter 290, Laws of 2002 and sections 7, 8, and 9, chapter 290, Laws of 2002. The department shall report the dollar amount of the savings to the state treasurer, the office of financial management, and the fiscal committees of the legislature.
(c))) For the fiscal biennium beginning July 1, 2003, ((and each fiscal biennium thereafter,)) the state treasurer shall transfer ((seventy-five percent of the amount reported in (b) of this subsection)) eight million nine hundred fifty thousand dollars from the general fund into the criminal justice treatment account, divided into eight equal quarterly payments. ((However, the amount transferred to the criminal justice treatment account shall not exceed the limit of eight million two hundred fifty thousand dollars per fiscal year. After the first fiscal year in which the amount to be transferred equals or exceeds eight million two hundred fifty thousand dollars, this limit)) For the fiscal year beginning July 1, 2005, and each subsequent fiscal year, the state treasurer shall transfer eight million two hundred fifty thousand dollars from the general fund to the criminal justice treatment account, divided into four equal quarterly payments. For the fiscal year beginning July 1, 2006, and each subsequent fiscal year, the amount transferred shall be increased on an annual basis by the implicit price deflator as published by the federal bureau of labor statistics.
(((d))) (b) For the fiscal biennium beginning July 1, 2003, and each biennium thereafter, the state treasurer shall transfer ((twenty- five percent of the amount reported in (b) of this subsection)) two million nine hundred eighty-four thousand dollars from the general fund into the violence reduction and drug enforcement account, divided into eight quarterly payments. The amounts transferred pursuant to this subsection (4)(((d))) (b) shall be used solely for providing drug and alcohol treatment services to offenders confined in a state correctional facility ((receiving a reduced sentence as a result of implementation of chapter 290, Laws of 2002 and)) who are assessed with an addiction or a substance abuse problem that if not treated would result in addiction. ((Any excess funds remaining after providing drug and alcohol treatment services to offenders receiving a reduced sentence as a result of implementation of chapter 290, Laws of 2002 may be expended to provide treatment for offenders confined in a state correctional facility and who are assessed with an addiction or a substance abuse problem that contributed to the crime.
(e))) (c) In each odd-numbered year, the legislature shall appropriate the amount transferred to the criminal justice treatment account in (((c))) (a) of this subsection to the division of alcohol and substance abuse for the purposes of subsection (5) of this section.
(5) Moneys appropriated to the division of alcohol and substance abuse from the criminal justice treatment account shall be distributed as specified in this subsection. The department shall serve as the fiscal agent for purposes of distribution. Until July 1, 2004, the department may not use moneys appropriated from the criminal justice treatment account for administrative expenses and shall distribute all amounts appropriated under subsection (4)(((e))) (c) of this section in accordance with this subsection. Beginning in July 1, 2004, the department may retain up to three percent of the amount appropriated under subsection (4)(((e))) (c) of this section for its administrative costs.
(a) Seventy percent of amounts appropriated to the division from the account shall be distributed to counties pursuant to the distribution formula adopted under this section. The division of alcohol and substance abuse, in consultation with the department of corrections, the sentencing guidelines commission, the Washington state association of counties, the Washington state association of drug court professionals, the superior court judges' association, the Washington association of prosecuting attorneys, representatives of the criminal defense bar, representatives of substance abuse treatment providers, and any other person deemed by the division to be necessary, shall establish a fair and reasonable methodology for distribution to counties of moneys in the criminal justice treatment account. County or regional plans submitted for the expenditure of formula funds must be approved by the panel established in (b) of this subsection.
(b) Thirty percent of the amounts appropriated to the division from the account shall be distributed as grants for purposes of treating offenders against whom charges are filed by a county prosecuting attorney. The division shall appoint a panel of representatives from the Washington association of prosecuting attorneys, the Washington association of sheriffs and police chiefs, the superior court judges' association, the Washington state association of counties, the Washington defender's association or the Washington association of criminal defense lawyers, the department of corrections, the Washington state association of drug court professionals, substance abuse treatment providers, and the division. The panel shall review county or regional plans for funding under (a) of this subsection and grants approved under this subsection. The panel shall attempt to ensure that treatment as funded by the grants is available to offenders statewide.
(6) The county alcohol and drug coordinator, county prosecutor, county sheriff, county superior court, a substance abuse treatment provider appointed by the county legislative authority, a member of the criminal defense bar appointed by the county legislative authority, and, in counties with a drug court, a representative of the drug court shall jointly submit a plan, approved by the county legislative authority or authorities, to the panel established in subsection (5)(b) of this section, for disposition of all the funds provided from the criminal justice treatment account within that county. The funds shall be used solely to provide approved alcohol and substance abuse treatment pursuant to RCW 70.96A.090 and treatment support services. No more than ten percent of the total moneys received under subsections (4) and (5) of this section by a county or group of counties participating in a regional agreement shall be spent for treatment support services.
(7) Counties are encouraged to consider regional agreements and submit regional plans for the efficient delivery of treatment under this section.
(8) Moneys allocated under this section shall be used to supplement, not supplant, other federal, state, and local funds used for substance abuse treatment.
(9) Counties must meet the criteria established in RCW 2.28.170(3)(b).
NEW SECTION. Sec. 12. The Washington state institute for public policy shall study the results of the changes in earned release under section 1 of this act. The study shall determine whether the changes in earned release affect the rate of recidivism or the type of offenses committed by persons whose release dates were affected by the changes in this act. The Washington state institute for public policy shall report its findings to the governor and the appropriate committees of the legislature no later than December 1, 2008.
NEW SECTION. Sec. 13. The legislature intends to revise and improve the processes for billing and collecting legal financial obligations. The purpose of sections 13 through 27 of this act is to respond to suggestions and requests made by county government officials, and in particular county clerks, to assume the collection of such obligations in cooperation and coordination with the department of corrections and the administrative office for the courts. The legislature undertakes this effort following a collaboration between local officials, the department of corrections, and the administrative office for the courts. The intent of sections 13 through 27 of this act is to promote an increased and more efficient collection of legal financial obligations and, as a result, improve the likelihood that the affected agencies will increase the collections which will provide additional benefits to all parties and, in particular, crime victims whose restitution is dependent upon the collections.
Sec. 14. RCW 9.94A.760 and 2001 c 10 s 3 are each amended to read as follows:
(1) Whenever a person is convicted of a felony, the court may order the payment of a legal financial obligation as part of the sentence. The court must on either the judgment and sentence or on a subsequent order to pay, designate the total amount of a legal financial obligation and segregate this amount among the separate assessments made for restitution, costs, fines, and other assessments required by law. On the same order, the court is also to set a sum that the offender is required to pay on a monthly basis towards satisfying the legal financial obligation. If the court fails to set the offender monthly payment amount, the department shall set the amount. Upon receipt of an offender's monthly payment, restitution shall be paid prior to any payments of other monetary obligations. After restitution is satisfied, the county clerk shall distribute the payment proportionally among all other fines, costs, and assessments imposed, unless otherwise ordered by the court.
(2) If the court determines that the offender, at the time of sentencing, has the means to pay for the cost of incarceration, the court may require the offender to pay for the cost of incarceration at a rate of fifty dollars per day of incarceration. Payment of other court-ordered financial obligations, including all legal financial obligations and costs of supervision shall take precedence over the payment of the cost of incarceration ordered by the court. All funds recovered from offenders for the cost of incarceration in the county jail shall be remitted to the county and the costs of incarceration in a prison shall be remitted to the department.
(3) The court may add to the judgment and sentence or subsequent order to pay a statement that a notice of payroll deduction is to be issued immediately. If the court chooses not to order the immediate issuance of a notice of payroll deduction at sentencing, the court shall add to the judgment and sentence or subsequent order to pay a statement that a notice of payroll deduction may be issued or other income-withholding action may be taken, without further notice to the offender if a monthly court-ordered legal financial obligation payment is not paid when due, and an amount equal to or greater than the amount payable for one month is owed.
If a judgment and sentence or subsequent order to pay does not include the statement that a notice of payroll deduction may be issued or other income-withholding action may be taken if a monthly legal financial obligation payment is past due, the department or the county clerk may serve a notice on the offender stating such requirements and authorizations. Service shall be by personal service or any form of mail requiring a return receipt.
(4) Independent of the department or the county clerk, the party or entity to whom the legal financial obligation is owed shall have the authority to use any other remedies available to the party or entity to collect the legal financial obligation. These remedies include enforcement in the same manner as a judgment in a civil action by the party or entity to whom the legal financial obligation is owed. Restitution collected through civil enforcement must be paid through the registry of the court and must be distributed proportionately according to each victim's loss when there is more than one victim. The judgment and sentence shall identify the party or entity to whom restitution is owed so that the state, party, or entity may enforce the judgment. If restitution is ordered pursuant to RCW 9.94A.750(6) or 9.94A.753(6) to a victim of rape of a child or a victim's child born from the rape, the Washington state child support registry shall be identified as the party to whom payments must be made. Restitution obligations arising from the rape of a child in the first, second, or third degree that result in the pregnancy of the victim may be enforced for the time periods provided under RCW 9.94A.750(6) and 9.94A.753(6). All other legal financial obligations for an offense committed prior to July 1, 2000, may be enforced at any time during the ten-year period following the offender's release from total confinement or within ten years of entry of the judgment and sentence, whichever period ends later. Prior to the expiration of the initial ten-year period, the superior court may extend the criminal judgment an additional ten years for payment of legal financial obligations including crime victims' assessments. All other legal financial obligations for an offense committed on or after July 1, 2000, may be enforced at any time the offender remains under the court's jurisdiction. For an offense committed on or after July 1, 2000, the court shall retain jurisdiction over the offender, for purposes of the offender's compliance with payment of the legal financial obligations, until the obligation is completely satisfied, regardless of the statutory maximum for the crime. The department ((of corrections shall)) may only supervise the offender's compliance with payment of the legal financial obligations ((for ten years following the entry of the judgment and sentence, or ten years following the offender's release from total confinement, whichever period ends later)) during any period in which the department is authorized to supervise the offender in the community under RCW 9.94A.728, section 3 of this act, or in which the offender is confined in a state correctional institution or a correctional facility pursuant to a transfer agreement with the department, and the department shall supervise the offender's compliance during any such period. The department is not responsible for supervision of the offender during any subsequent period of time the offender remains under the court's jurisdiction. The county clerk is authorized to collect unpaid legal financial obligations at any time the offender remains under the jurisdiction of the court for purposes of his or her legal financial obligations.
(5) In order to assist the court in setting a monthly sum that the offender must pay during the period of supervision, the offender is required to report to the department for purposes of preparing a recommendation to the court. When reporting, the offender is required, under oath, to respond truthfully and honestly to all questions concerning present, past, and future earning capabilities and the location and nature of all property or financial assets. The offender is further required to bring all documents requested by the department.
(6) After completing the investigation, the department shall make a report to the court on the amount of the monthly payment that the offender should be required to make towards a satisfied legal financial obligation.
(7)(a) During the period of supervision, the department may make a recommendation to the court that the offender's monthly payment schedule be modified so as to reflect a change in financial circumstances. If the department sets the monthly payment amount, the department may modify the monthly payment amount without the matter being returned to the court. During the period of supervision, the department may require the offender to report to the department for the purposes of reviewing the appropriateness of the collection schedule for the legal financial obligation. During this reporting, the offender is required under oath to respond truthfully and honestly to all questions concerning earning capabilities and the location and nature of all property or financial assets. The offender shall bring all documents requested by the department in order to prepare the collection schedule.
(b) Subsequent to any period of supervision, or if the department is not authorized to supervise the offender in the community, the county clerk may make a recommendation to the court that the offender's monthly payment schedule be modified so as to reflect a change in financial circumstances. If the county clerk sets the monthly payment amount, the clerk may modify the monthly payment amount without the matter being returned to the court. During the period of repayment, the county clerk may require the offender to report to the clerk for the purpose of reviewing the appropriateness of the collection schedule for the legal financial obligation. During this reporting, the offender is required under oath to respond truthfully and honestly to all questions concerning earning capabilities and the location and nature of all property or financial assets. The offender shall bring all documents requested by the county clerk in order to prepare the collection schedule.
(8) After the judgment and sentence or payment order is entered, the department is authorized, for any period of supervision, to collect the legal financial obligation from the offender. Subsequent to any period of supervision or, if the department is not authorized to supervise the offender in the community, the county clerk is authorized to collect unpaid legal financial obligations from the offender. Any amount collected by the department shall be remitted daily to the county clerk for the purpose of disbursements. The department ((is)) and the county clerks are authorized, but not required, to accept credit cards as payment for a legal financial obligation, and any costs incurred related to accepting credit card payments shall be the responsibility of the offender.
(9) The department or any obligee of the legal financial obligation may seek a mandatory wage assignment for the purposes of obtaining satisfaction for the legal financial obligation pursuant to RCW 9.94A.7701. Any party obtaining a wage assignment shall notify the county clerk. The county clerks shall notify the department, or the administrative office of the courts, whichever is providing the monthly billing for the offender.
(10) The requirement that the offender pay a monthly sum towards a legal financial obligation constitutes a condition or requirement of a sentence and the offender is subject to the penalties for noncompliance as provided in RCW 9.94A.634, 9.94A.737, or 9.94A.740.
(11)(a) Until January 1, 2004, the department shall mail individualized monthly billings to the address known by the department for each offender with an unsatisfied legal financial obligation.
(b) Beginning January 1, 2004, the administrative office of the courts shall mail individualized monthly billings to the address known by the office for each offender with an unsatisfied legal financial obligation.
(c) The billing shall direct payments, other than outstanding cost of supervision assessments under RCW 9.94A.780, parole assessments under RCW 72.04A.120, and cost of probation assessments under RCW 9.95.214, to the county clerk, and cost of supervision, parole, or probation assessments to the department.
(d) The county clerk shall provide the ((department with individualized monthly billings for each offender with an unsatisfied legal financial obligation and shall provide the department)) administrative office of the courts with notice of payments by such offenders no less frequently than weekly.
(e) The county clerks, the administrative office of the courts, and the department shall maintain agreements to implement this subsection.
(12) The department ((may)) shall arrange for the collection of unpaid legal financial obligations during any period of supervision in the community through the county clerk((, or)). The department shall either collect unpaid legal financial obligations or arrange for collections through another entity if the clerk does not assume responsibility for collection pursuant to subsection (4) of this section. The costs for collection services shall be paid by the offender.
(13) Nothing in this chapter makes the department, the state, the counties, or any ((of its)) state or county employees, agents, or other persons acting on their behalf liable under any circumstances for the payment of these legal financial obligations or for the acts of any offender who is no longer, or was not, subject to supervision by the department for a term of community custody, community placement, or community supervision, and who remains under the jurisdiction of the court for payment of legal financial obligations.
Sec. 15. RCW 9.94A.750 and 2000 c 28 s 32 are each amended to read as follows:
This section applies to offenses committed on or before July 1, 1985.
(1) If restitution is ordered, the court shall determine the amount of restitution due at the sentencing hearing or within one hundred eighty days. The court may continue the hearing beyond the one hundred eighty days for good cause. The court shall then set a minimum monthly payment that the offender is required to make towards the restitution that is ordered. The court should take into consideration the total amount of the restitution owed, the offender's present, past, and future ability to pay, as well as any assets that the offender may have.
(2) During the period of supervision, the community corrections officer may examine the offender to determine if there has been a change in circumstances that warrants an amendment of the monthly payment schedule. The community corrections officer may recommend a change to the schedule of payment and shall inform the court of the recommended change and the reasons for the change. The sentencing court may then reset the monthly minimum payments based on the report from the community corrections officer of the change in circumstances.
(3) Except as provided in subsection (6) of this section, restitution ordered by a court pursuant to a criminal conviction shall be based on easily ascertainable damages for injury to or loss of property, actual expenses incurred for treatment for injury to persons, and lost wages resulting from injury. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses, but may include the costs of counseling reasonably related to the offense. The amount of restitution shall not exceed double the amount of the offender's gain or the victim's loss from the commission of the offense.
(4) For the purposes of this section, the offender shall remain under the court's jurisdiction for a term of ten years following the offender's release from total confinement or ten years subsequent to the entry of the judgment and sentence, whichever period is longer. Prior to the expiration of the initial ten-year period, the superior court may extend jurisdiction under the criminal judgment an additional ten years for payment of restitution. ((If jurisdiction under the criminal judgment is extended, the department is not responsible for supervision of the offender during the subsequent period.)) The portion of the sentence concerning restitution may be modified as to amount, terms and conditions during either the initial ten-year period or subsequent ten-year period if the criminal judgment is extended, regardless of the expiration of the offender's term of community supervision and regardless of the statutory maximum sentence for the crime. The court may not reduce the total amount of restitution ordered because the offender may lack the ability to pay the total amount. The offender's compliance with the restitution shall be supervised by the department only during any period which the department is authorized to supervise the offender in the community under RCW 9.94A.728, section 3 of this act, or in which the offender is in confinement in a state correctional institution or a correctional facility pursuant to a transfer agreement with the department, and the department shall supervise the offender's compliance during any such period. The department is responsible for supervision of the offender only during confinement and authorized supervision and not during any subsequent period in which the offender remains under the court's jurisdiction. The county clerk is authorized to collect unpaid restitution at any time the offender remains under the jurisdiction of the court for purposes of his or her legal financial obligations.
(5) Restitution may be ordered whenever the offender is convicted of an offense which results in injury to any person or damage to or loss of property or as provided in subsection (6) of this section. In addition, restitution may be ordered to pay for an injury, loss, or damage if the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement.
(6) Restitution for the crime of rape of a child in the first, second, or third degree, in which the victim becomes pregnant, shall include: (a) All of the victim's medical expenses that are associated with the rape and resulting pregnancy; and (b) child support for any child born as a result of the rape if child support is ordered pursuant to a proceeding in superior court or administrative order for support for that child. The clerk must forward any restitution payments made on behalf of the victim's child to the Washington state child support registry under chapter 26.23 RCW. Identifying information about the victim and child shall not be included in the order. The offender shall receive a credit against any obligation owing under the administrative or superior court order for support of the victim's child. For the purposes of this subsection, the offender shall remain under the court's jurisdiction until the offender has satisfied support obligations under the superior court or administrative order but not longer than a maximum term of twenty-five years following the offender's release from total confinement or twenty-five years subsequent to the entry of the judgment and sentence, whichever period is longer. The court may not reduce the total amount of restitution ordered because the offender may lack the ability to pay the total amount. The department shall supervise the offender's compliance with the restitution ordered under this subsection.
(7) In addition to any sentence that may be imposed, an offender who has been found guilty of an offense involving fraud or other deceptive practice or an organization which has been found guilty of any such offense may be ordered by the sentencing court to give notice of the conviction to the class of persons or to the sector of the public affected by the conviction or financially interested in the subject matter of the offense by mail, by advertising in designated areas or through designated media, or by other appropriate means.
(8) This section does not limit civil remedies or defenses available to the victim or offender including support enforcement remedies for support ordered under subsection (6) of this section for a child born as a result of a rape of a child victim. The court shall identify in the judgment and sentence the victim or victims entitled to restitution and what amount is due each victim. The state or victim may enforce the court-ordered restitution in the same manner as a judgment in a civil action. Restitution collected through civil enforcement must be paid through the registry of the court and must be distributed proportionately according to each victim's loss when there is more than one victim.
Sec. 16. RCW 9.94A.753 and 2000 c 226 s 3 and 2000 c 28 s 33 are each reenacted and amended to read as follows:
This section applies to offenses committed after July 1, 1985.
(1) When restitution is ordered, the court shall determine the amount of restitution due at the sentencing hearing or within one hundred eighty days except as provided in subsection (7) of this section. The court may continue the hearing beyond the one hundred eighty days for good cause. The court shall then set a minimum monthly payment that the offender is required to make towards the restitution that is ordered. The court should take into consideration the total amount of the restitution owed, the offender's present, past, and future ability to pay, as well as any assets that the offender may have.
(2) During the period of supervision, the community corrections officer may examine the offender to determine if there has been a change in circumstances that warrants an amendment of the monthly payment schedule. The community corrections officer may recommend a change to the schedule of payment and shall inform the court of the recommended change and the reasons for the change. The sentencing court may then reset the monthly minimum payments based on the report from the community corrections officer of the change in circumstances.
(3) Except as provided in subsection (6) of this section, restitution ordered by a court pursuant to a criminal conviction shall be based on easily ascertainable damages for injury to or loss of property, actual expenses incurred for treatment for injury to persons, and lost wages resulting from injury. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses, but may include the costs of counseling reasonably related to the offense. The amount of restitution shall not exceed double the amount of the offender's gain or the victim's loss from the commission of the crime.
(4) For the purposes of this section, for an offense committed prior to July 1, 2000, the offender shall remain under the court's jurisdiction for a term of ten years following the offender's release from total confinement or ten years subsequent to the entry of the judgment and sentence, whichever period ends later. Prior to the expiration of the initial ten-year period, the superior court may extend jurisdiction under the criminal judgment an additional ten years for payment of restitution. For an offense committed on or after July 1, 2000, the offender shall remain under the court's jurisdiction until the obligation is completely satisfied, regardless of the statutory maximum for the crime. The portion of the sentence concerning restitution may be modified as to amount, terms, and conditions during any period of time the offender remains under the court's jurisdiction, regardless of the expiration of the offender's term of community supervision and regardless of the statutory maximum sentence for the crime. The court may not reduce the total amount of restitution ordered because the offender may lack the ability to pay the total amount. The offender's compliance with the restitution shall be supervised by the department ((for ten years following the entry of the judgment and sentence or ten years following the offender's release from total confinement. The department is not responsible for supervision of the offender during any subsequent period of time the offender remains under the court's jurisdiction)) only during any period which the department is authorized to supervise the offender in the community under RCW 9.94A.728, section 3 of this act, or in which the offender is in confinement in a state correctional institution or a correctional facility pursuant to a transfer agreement with the department, and the department shall supervise the offender's compliance during any such period. The department is responsible for supervision of the offender only during confinement and authorized supervision and not during any subsequent period in which the offender remains under the court's jurisdiction. The county clerk is authorized to collect unpaid restitution at any time the offender remains under the jurisdiction of the court for purposes of his or her legal financial obligations.
(5) Restitution shall be ordered whenever the offender is convicted of an offense which results in injury to any person or damage to or loss of property or as provided in subsection (6) of this section unless extraordinary circumstances exist which make restitution inappropriate in the court's judgment and the court sets forth such circumstances in the record. In addition, restitution shall be ordered to pay for an injury, loss, or damage if the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement.
(6) Restitution for the crime of rape of a child in the first, second, or third degree, in which the victim becomes pregnant, shall include: (a) All of the victim's medical expenses that are associated with the rape and resulting pregnancy; and (b) child support for any child born as a result of the rape if child support is ordered pursuant to a civil superior court or administrative order for support for that child. The clerk must forward any restitution payments made on behalf of the victim's child to the Washington state child support registry under chapter 26.23 RCW. Identifying information about the victim and child shall not be included in the order. The offender shall receive a credit against any obligation owing under the administrative or superior court order for support of the victim's child. For the purposes of this subsection, the offender shall remain under the court's jurisdiction until the offender has satisfied support obligations under the superior court or administrative order for the period provided in RCW 4.16.020 or a maximum term of twenty-five years following the offender's release from total confinement or twenty-five years subsequent to the entry of the judgment and sentence, whichever period is longer. The court may not reduce the total amount of restitution ordered because the offender may lack the ability to pay the total amount. The department shall supervise the offender's compliance with the restitution ordered under this subsection.
(7) Regardless of the provisions of subsections (1) through (6) of this section, the court shall order restitution in all cases where the victim is entitled to benefits under the crime victims' compensation act, chapter 7.68 RCW. If the court does not order restitution and the victim of the crime has been determined to be entitled to benefits under the crime victims' compensation act, the department of labor and industries, as administrator of the crime victims' compensation program, may petition the court within one year of entry of the judgment and sentence for entry of a restitution order. Upon receipt of a petition from the department of labor and industries, the court shall hold a restitution hearing and shall enter a restitution order.
(8) In addition to any sentence that may be imposed, an offender who has been found guilty of an offense involving fraud or other deceptive practice or an organization which has been found guilty of any such offense may be ordered by the sentencing court to give notice of the conviction to the class of persons or to the sector of the public affected by the conviction or financially interested in the subject matter of the offense by mail, by advertising in designated areas or through designated media, or by other appropriate means.
(9) This section does not limit civil remedies or defenses available to the victim, survivors of the victim, or offender including support enforcement remedies for support ordered under subsection (6) of this section for a child born as a result of a rape of a child victim. The court shall identify in the judgment and sentence the victim or victims entitled to restitution and what amount is due each victim. The state or victim may enforce the court-ordered restitution in the same manner as a judgment in a civil action. Restitution collected through civil enforcement must be paid through the registry of the court and must be distributed proportionately according to each victim's loss when there is more than one victim.
NEW SECTION. Sec. 17. A new section is added to chapter 9.94A RCW to read as follows:
If an offender with an unsatisfied legal financial obligation is not subject to supervision by the department for a term of community placement, community custody, or community supervision, or has not completed payment of all legal financial obligations included in the sentence at the expiration of his or her term of community placement, community custody, or community supervision, the department shall notify the administrative office of the courts of the termination of the offender's supervision and provide information to the administrative office of the courts to enable the county clerk to monitor payment of the remaining obligations. The county clerk is authorized to monitor payment after such notification. The secretary of corrections and the administrator for the courts shall enter into an interagency agreement to facilitate the electronic transfer of information about offenders, unpaid obligations, and payees to carry out the purposes of this section.
Sec. 18. RCW 9.94A.780 and 1991 c 104 s 1 are each amended to read as follows:
(1) Whenever a punishment imposed under this chapter requires supervision services to be provided, the offender shall pay to the department of corrections the monthly assessment, prescribed under subsection (2) of this section, which shall be for the duration of the terms of supervision and which shall be considered as payment or part payment of the cost of providing supervision to the offender. The department may exempt or defer a person from the payment of all or any part of the assessment based upon any of the following factors:
(a) The offender has diligently attempted but has been unable to obtain employment that provides the offender sufficient income to make such payments.
(b) The offender is a student in a school, college, university, or a course of vocational or technical training designed to fit the student for gainful employment.
(c) The offender has an employment handicap, as determined by an examination acceptable to or ordered by the department.
(d) The offender's age prevents him or her from obtaining employment.
(e) The offender is responsible for the support of dependents and the payment of the assessment constitutes an undue hardship on the offender.
(f) Other extenuating circumstances as determined by the department.
(2) The department of corrections shall adopt a rule prescribing the amount of the assessment. The department may, if it finds it appropriate, prescribe a schedule of assessments that shall vary in accordance with the intensity or cost of the supervision. The department may not prescribe any assessment that is less than ten dollars nor more than fifty dollars.
(3) All amounts required to be paid under this section shall be collected by the department of corrections and deposited by the department in the dedicated fund established pursuant to RCW 72.11.040.
(4) This section shall not apply to probation services provided under an interstate compact pursuant to chapter 9.95 RCW or to probation services provided for persons placed on probation prior to June 10, 1982.
(5) If a county clerk assumes responsibility for collection of unpaid legal financial obligations under RCW 9.94A.760, or under any agreement with the department under that section, whether before or after the completion of any period of community placement, community custody, or community supervision, the clerk may impose a monthly or annual assessment for the cost of collections. The amount of the assessment shall not exceed the actual cost of collections. The county clerk may exempt or defer payment of all or part of the assessment based upon any of the factors listed in subsection (1) of this section. The offender shall pay the assessment under this subsection to the county clerk who shall apply it to the cost of collecting legal financial obligations under RCW 9.94A.760.
Sec. 19. RCW 9.94A.637 and 2002 c 16 s 2 are each amended to read as follows:
(1)(a) When an offender has completed all requirements of the sentence, including any and all legal financial obligations, and while under the custody and supervision of the department, the secretary or the secretary's designee shall notify the sentencing court, which shall discharge the offender and provide the offender with a certificate of discharge by issuing the certificate to the offender in person or by mailing the certificate to the offender's last known address.
(b)(i) When an offender has reached the end of his or her supervision with the department and has completed all the requirements of the sentence except his or her legal financial obligations, the secretary's designee shall provide the county clerk with a notice that the offender has completed all nonfinancial requirements of the sentence.
(ii) When the department has provided the county clerk with notice that an offender has completed all the requirements of the sentence and the offender subsequently satisfies all legal financial obligations under the sentence, the county clerk shall notify the sentencing court, including the notice from the department, which shall discharge the offender and provide the offender with a certificate of discharge by issuing the certificate to the offender in person or by mailing the certificate to the offender's last known address.
(2) The court shall send a copy of every signed certificate of discharge to the auditor for the county in which the court resides and to the department. The department shall create and maintain a data base containing the names of all felons who have been issued certificates of discharge, the date of discharge, and the date of conviction and offense.
(3) 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.
(4) Except as provided in subsection (5) 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.
(5) 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.
(6) 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.
NEW SECTION. Sec. 20. A new section is added to chapter 36.23 RCW to read as follows:
The Washington association of county officials, in consultation with county clerks, shall determine a funding formula for allocation of moneys to counties for purposes of collecting legal financial obligations, and report this formula to the legislature and the administrative office of the courts by September 1, 2003. The Washington association of county officials shall report on the amounts of legal financial obligations collected by the county clerks to the appropriate committees of the legislature no later than December 1, 2004, and annually thereafter.
NEW SECTION. Sec. 21. A new section is added to chapter 2.56 RCW to read as follows:
By October 1, 2003, and annually thereafter, the administrative office of the courts shall distribute such funds to counties for county clerk collection budgets as are appropriated by the legislature for this purpose, using the funding formula recommended by the Washington association of county officials. The administrative office of the courts shall not deduct any amount for indirect or direct costs, and shall distribute the entire amount appropriated by the legislature to the counties for county clerk collection budgets. The administrative office of the courts shall report on the amounts distributed to counties to the appropriate committees of the legislature no later than December 1, 2003, and annually thereafter.
The administrative office of the courts may expend for the purposes of billing for legal financial obligations, such funds as are appropriated for the legislature for this purpose.
NEW SECTION. Sec. 22. A new section is added to chapter 9.94A RCW to read as follows:
Notwithstanding any other provision of state law, monthly payment or starting dates set by the court or the department before or after the effective date of this section shall not be construed as a limitation on the due date or amount of legal financial obligations, which may be immediately collected by civil means. Monthly payments and commencement dates are to be construed to be applicable solely as a limitation upon the deprivation of an offender's liberty for nonpayment.
Sec. 23. RCW 4.56.100 and 1997 c 358 s 4 are each amended to read as follows:
(1) When any judgment for the payment of money only shall have been paid or satisfied, the clerk of the court in which such judgment was rendered shall note upon the record in the execution docket satisfaction thereof giving the date of such satisfaction upon either the payment to such clerk of the amount of such judgment, costs and interest and any accrued costs by reason of the issuance of any execution, or the filing with such clerk of a satisfaction entitled in such action and identifying the same executed by the judgment creditor or his or her attorney of record in such action or his or her assignee acknowledged as deeds are acknowledged. The clerk has the authority to note the satisfaction of judgments for criminal and juvenile legal financial obligations when the clerk's record indicates payment in full or as directed by the court. Every satisfaction of judgment and every partial satisfaction of judgment which provides for the payment of money shall clearly designate the judgment creditor and his or her attorney if any, the judgment debtor, the amount or type of satisfaction, whether the satisfaction is full or partial, the cause number, and the date of entry of the judgment. A certificate by such clerk of the entry of such satisfaction by him or her may be filed in the office of the clerk of any county in which an abstract of such judgment has been filed. When so satisfied by the clerk or the filing of such certificate the lien of such judgment shall be discharged.
(2) The department of social and health services shall file a satisfaction of judgment for welfare fraud conviction if a person does not pay money through the clerk as required under subsection (1) of this section.
(((3) The department of corrections shall file a satisfaction of judgment if a person does not pay money through the clerk's office as required under subsection (1) of this section.))
NEW SECTION. Sec. 24. A new section is added to chapter 9.94A RCW to read as follows:
The provisions of sections 13 through 27 of this act apply to all offenders currently, or in the future, subject to sentences with unsatisfied legal financial obligations. The provisions of sections 13 through 27 of this act do not change the amount of any legal financial obligation or the maximum term for which any offender is, or may be, under the jurisdiction of the court for collection of legal financial obligations.
Sec. 25. RCW 72.09.111 and 2002 c 126 s 2 are each amended to read as follows:
(1) The secretary shall deduct taxes and legal financial obligations from the gross wages ((or)), gratuities, or workers' compensation benefits payable directly to the inmate under chapter 51.32 RCW, of each inmate working in correctional industries work programs, ((taxes and legal financial obligations)) or otherwise receiving such wages, gratuities, or benefits. The secretary shall develop a formula for the distribution of offender wages ((and)), gratuities, and benefits. The formula shall not reduce the inmate account below the indigency level, as defined in RCW 72.09.015.
(a) The formula shall include the following minimum deductions from class I gross wages and from all others earning at least minimum wage:
(i) Five percent to the public safety and education account for the purpose of crime victims' compensation;
(ii) Ten percent to a department personal inmate savings account;
(iii) Twenty percent to the department to contribute to the cost of incarceration; and
(iv) Twenty percent for payment of legal financial obligations for all inmates who have legal financial obligations owing in any Washington state superior court.
(b) The formula shall include the following minimum deductions from class II gross gratuities:
(i) Five percent to the public safety and education account for the purpose of crime victims' compensation;
(ii) Ten percent to a department personal inmate savings account;
(iii) Fifteen percent to the department to contribute to the cost of incarceration; and
(iv) Twenty percent for payment of legal financial obligations for all inmates who have legal financial obligations owing in any Washington state superior court.
(c) The formula shall include the following minimum deductions from any workers' compensation benefits paid pursuant to RCW 51.32.080:
(i) Five percent to the public safety and education account for the purpose of crime victims' compensation;
(ii) Ten percent to a department personal inmate savings account;
(iii) Twenty percent to the department to contribute to the cost of incarceration; and
(iv) An amount equal to any legal financial obligations owed by the inmate established by an order of any Washington state superior court up to the total amount of the award.
(d) The formula shall include the following minimum deduction from class IV gross gratuities: Five percent to the department to contribute to the cost of incarceration.
(((d))) (e) The formula shall include the following minimum deductions from class III gratuities: Five percent for the purpose of crime victims' compensation.
(2) Any person sentenced to life imprisonment without possibility of release or parole under chapter 10.95 RCW or sentenced to death shall be exempt from the requirement under subsection (1)(a)(ii) ((or)), (b)(ii) ((of this subsection)), or (c)(ii).
(3) The department personal inmate savings account, together with any accrued interest, shall only be available to an inmate at the time of his or her release from confinement, unless the secretary determines that an emergency exists for the inmate, at which time the funds can be made available to the inmate in an amount determined by the secretary. The management of classes I, II, and IV correctional industries may establish an incentive payment for offender workers based on productivity criteria. This incentive shall be paid separately from the hourly wage/gratuity rate and shall not be subject to the specified deduction for cost of incarceration.
(4) In the event that the offender worker's wages ((or)), gratuity, or workers' compensation benefit is subject to garnishment for support enforcement, the crime victims' compensation, savings, and cost of incarceration deductions shall be calculated on the net wages after taxes, legal financial obligations, and garnishment.
(((2))) (5) The department shall explore other methods of recovering a portion of the cost of the inmate's incarceration and for encouraging participation in work programs, including development of incentive programs that offer inmates benefits and amenities paid for only from wages earned while working in a correctional industries work program.
(((3))) (6) The department shall develop the necessary administrative structure to recover inmates' wages and keep records of the amount inmates pay for the costs of incarceration and amenities. All funds deducted from inmate wages under subsection (1) of this section for the purpose of contributions to the cost of incarceration shall be deposited in a dedicated fund with the department and shall be used only for the purpose of enhancing and maintaining correctional industries work programs.
(((4))) (7) The expansion of inmate employment in class I and class II correctional industries shall be implemented according to the following schedule:
(a) Not later than June 30, 1995, the secretary shall achieve a net increase of at least two hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;
(b) Not later than June 30, 1996, the secretary shall achieve a net increase of at least four hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;
(c) Not later than June 30, 1997, the secretary shall achieve a net increase of at least six hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;
(d) Not later than June 30, 1998, the secretary shall achieve a net increase of at least nine hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;
(e) Not later than June 30, 1999, the secretary shall achieve a net increase of at least one thousand two hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;
(f) Not later than June 30, 2000, the secretary shall achieve a net increase of at least one thousand five hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994.
(((5))) (8) It shall be in the discretion of the secretary to apportion the inmates between class I and class II depending on available contracts and resources.
NEW SECTION. Sec. 26. A new section is added to chapter 51.32 RCW to read as follows:
If the department of labor and industries has received notice that an injured worker entitled to benefits payable under this chapter is in the custody of the department of corrections pursuant to a conviction and sentence, the department shall send all such benefits to the worker in care of the department of corrections, except those benefits payable to a beneficiary as provided in RCW 51.32.040 (3)(c) and (4). Failure of the department to send such benefits to the department of corrections shall not result in liability to any party for either department.
Sec. 27. RCW 51.32.040 and 1999 c 185 s 1 are each amended to read as follows:
(1) Except as provided in RCW 43.20B.720 ((and)), 72.09.111, 74.20A.260, and section 26 of this act, no money paid or payable under this title shall, before the issuance and delivery of the check or warrant, be assigned, charged, or taken in execution, attached, garnished, or pass or be paid to any other person by operation of law, any form of voluntary assignment, or power of attorney. Any such assignment or charge is void unless the transfer is to a financial institution at the request of a worker or other beneficiary and made in accordance with RCW 51.32.045.
(2)(a) If any worker suffers (i) a permanent partial injury and dies from some other cause than the accident which produced the injury before he or she receives payment of the award for the permanent partial injury or (ii) any other injury before he or she receives payment of any monthly installment covering any period of time before his or her death, the amount of the permanent partial disability award or the monthly payment, or both, shall be paid to the surviving spouse or the child or children if there is no surviving spouse. If there is no surviving spouse and no child or children, the award or the amount of the monthly payment shall be paid by the department or self-insurer and distributed consistent with the terms of the decedent's will or, if the decedent dies intestate, consistent with the terms of RCW 11.04.015.
(b) If any worker suffers an injury and dies from it before he or she receives payment of any monthly installment covering time loss for any period of time before his or her death, the amount of the monthly payment shall be paid to the surviving spouse or the child or children if there is no surviving spouse. If there is no surviving spouse and no child or children, the amount of the monthly payment shall be paid by the department or self-insurer and distributed consistent with the terms of the decedent's will or, if the decedent dies intestate, consistent with the terms of RCW 11.04.015.
(c) Any application for compensation under this subsection (2) shall be filed with the department or self-insuring employer within one year of the date of death. The department or self-insurer may satisfy its responsibilities under this subsection (2) by sending any payment due in the name of the decedent and to the last known address of the decedent.
(3)(a) Any worker or beneficiary receiving benefits under this title who is subsequently confined in, or who subsequently becomes eligible for benefits under this title while confined in, any institution under conviction and sentence shall have all payments of the compensation canceled during the period of confinement. After discharge from the institution, payment of benefits due afterward shall be paid if the worker or beneficiary would, except for the provisions of this subsection (3), otherwise be entitled to them.
(b) If any prisoner is injured in the course of his or her employment while participating in a work or training release program authorized by chapter 72.65 RCW and is subject to the provisions of this title, he or she is entitled to payments under this title, subject to the requirements of chapter 72.65 RCW, unless his or her participation in the program has been canceled, or unless he or she is returned to a state correctional institution, as defined in RCW 72.65.010(3), as a result of revocation of parole or new sentence.
(c) If the confined worker has any beneficiaries during the confinement period during which benefits are canceled under (a) or (b) of this subsection, they shall be paid directly the monthly benefits which would have been paid to the worker for himself or herself and the worker's beneficiaries had the worker not been confined.
(4) Any lump sum benefits to which a worker would otherwise be entitled but for the provisions of this section shall be paid on a monthly basis to his or her beneficiaries.
NEW SECTION. Sec. 28. 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. 29. (1) Sections 1 through 12, 20, and 28 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 July 1, 2003.
(2) Sections 13 through 19 and 21 through 27 of this act take effect October 1, 2003."
Correct the title.
Signed by Representatives Sommers, Chairman; Fromhold, Vice Chairman; Sehlin, Ranking Minority Member; Pearson, Assistant Ranking Minority Member; Alexander; Boldt; Buck; Clements; Cody; Conway; Cox; DeBolt; Dunshee; Grant; Hunter; Kagi; Kenney; Kessler; Linville; McDonald; McIntire; Miloscia; Pflug; Ruderman; Schual-Berke; Sump and Talcott.
April 23, 2003
ESB 5991 Prime Sponsor, Senator Stevens: Changing minimum requirements for the existing secure community transition facility. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 71.09.300 and 2001 2nd sp.s. c 12 s 216 are each amended to read as follows:
(((1))) Secure community transition facilities shall meet the following minimum staffing requirements:
(1)(a) At any time the census of a facility that accepts its first resident before July 1, 2003, is six or fewer residents, the facility shall maintain a minimum staffing ratio of one staff per three residents during normal waking hours and one awake staff per four residents during normal sleeping hours. In no case shall the staffing ratio permit less than two staff per housing unit.
(b) At any time the census of a facility that accepts its first resident on or after July 1, 2003, is six or fewer residents, the facility shall maintain a minimum staffing ratio of one staff per resident during normal waking hours and two awake staff per three residents during normal sleeping hours. In no case shall the staffing ratio permit less than two staff per housing unit.
(((b))) (2) At any time the census of a facility is six or fewer residents, all staff shall be classified as residential rehabilitation counselor II or have a classification that indicates ((a)) an equivalent or higher level of skill, experience, and training.
(((c))) (3) Before being assigned to a facility, all staff shall have training in sex offender issues, self-defense, and crisis de- escalation skills in addition to departmental orientation and, as appropriate, management training. All staff with resident treatment or care duties must participate in ongoing in-service training.
(((d))) (4) All staff must pass a departmental background check and the check is not subject to the limitations in chapter 9.96A RCW. A person who has been convicted of a felony, or any sex offense, may not be employed at the secure community transition facility or be approved as an escort for a resident of the facility.
(((2) With respect to the facility established pursuant to RCW 71.09.250(1), the department shall, no later than December 1, 2001, provide a staffing plan to the appropriate committees of the legislature that will cover the growth of that facility to its full capacity.))
Sec. 2. RCW 71.09.020 and 2002 c 68 s 4 and 2002 c 58 s 2 are each reenacted and amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of social and health services.
(2) "Health care facility" means any hospital, hospice care center, licensed or certified health care facility, health maintenance organization regulated under chapter 48.46 RCW, federally qualified health maintenance organization, federally approved renal dialysis center or facility, or federally approved blood bank.
(3) "Health care practitioner" means an individual or firm licensed or certified to engage actively in a regulated health profession.
(4) "Health care services" means those services provided by health professionals licensed pursuant to RCW 18.120.020(4).
(5) "Health profession" means those licensed or regulated professions set forth in RCW 18.120.020(4).
(6) "Less restrictive alternative" means court-ordered treatment in a setting less restrictive than total confinement which satisfies the conditions set forth in RCW 71.09.092.
(7) "Likely to engage in predatory acts of sexual violence if not confined in a secure facility" means that the person more probably than not will engage in such acts if released unconditionally from detention on the sexually violent predator petition. Such likelihood must be evidenced by a recent overt act if the person is not totally confined at the time the petition is filed under RCW 71.09.030.
(8) "Mental abnormality" means a congenital or acquired condition affecting the emotional or volitional capacity which predisposes the person to the commission of criminal sexual acts in a degree constituting such person a menace to the health and safety of others.
(9) "Predatory" means acts directed towards: (a) Strangers; (b) individuals with whom a relationship has been established or promoted for the primary purpose of victimization; or (c) persons of casual acquaintance with whom no substantial personal relationship exists.
(10) "Recent overt act" means any act or threat that has either caused harm of a sexually violent nature or creates a reasonable apprehension of such harm in the mind of an objective person who knows of the history and mental condition of the person engaging in the act.
(11) "Risk potential activity" or "risk potential facility" means an activity or facility that provides a higher incidence of risk to the public from persons conditionally released from the special commitment center. Risk potential activities and facilities include: Public and private schools, school bus stops, licensed day care and licensed preschool facilities, public parks, publicly dedicated trails, sports fields, playgrounds, recreational and community centers, churches, synagogues, temples, mosques, public libraries, and others identified by the department following the hearings on a potential site required in RCW 71.09.315. For purposes of this chapter, "school bus stops" does not include bus stops established primarily for public transit.
(12) "Secretary" means the secretary of social and health services or the secretary's designee.
(13) "Secure facility" means a residential facility for persons civilly confined under the provisions of this chapter that includes security measures sufficient to protect the community. Such facilities include total confinement facilities, secure community transition facilities, and any residence used as a court-ordered placement under RCW 71.09.096.
(14) "Secure community transition facility" means a residential facility for persons civilly committed and conditionally released to a less restrictive alternative under this chapter. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include but are not limited to the ((facilities)) facility established pursuant to RCW 71.09.250(1)(a)(i) and any community-based facilities established under this chapter and operated by the secretary or under contract with the secretary.
(15) "Sexually violent offense" means an act committed on, before, or after July 1, 1990, that is: (a) An act defined in Title 9A RCW as rape in the first degree, rape in the second degree by forcible compulsion, rape of a child in the first or second degree, statutory rape in the first or second degree, indecent liberties by forcible compulsion, indecent liberties against a child under age fourteen, incest against a child under age fourteen, or child molestation in the first or second degree; (b) a felony offense in effect at any time prior to July 1, 1990, that is comparable to a sexually violent offense as defined in (a) of this subsection, or any federal or out-of-state conviction for a felony offense that under the laws of this state would be a sexually violent offense as defined in this subsection; (c) an act of murder in the first or second degree, assault in the first or second degree, assault of a child in the first or second degree, kidnapping in the first or second degree, burglary in the first degree, residential burglary, or unlawful imprisonment, which act, either at the time of sentencing for the offense or subsequently during civil commitment proceedings pursuant to this chapter, has been determined beyond a reasonable doubt to have been sexually motivated, as that term is defined in RCW 9.94A.030; or (d) an act as described in chapter 9A.28 RCW, that is an attempt, criminal solicitation, or criminal conspiracy to commit one of the felonies designated in (a), (b), or (c) of this subsection.
(16) "Sexually violent predator" means any person who has been convicted of or charged with a crime of sexual violence and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in predatory acts of sexual violence if not confined in a secure facility.
(17) "Total confinement facility" means a secure facility that provides supervision and sex offender treatment services in a total confinement setting. Total confinement facilities include the special commitment center and any similar facility designated as a ((secure)) total confinement facility by the secretary.
Sec. 3. RCW 71.09.250 and 2001 2nd sp.s. c 12 s 201 are each amended to read as follows:
(1)(a) The secretary is authorized to site, construct, occupy, and operate (i) a secure community transition facility on McNeil Island for persons authorized to petition for a less restrictive alternative under RCW 71.09.090(1) and who are conditionally released; and (ii) a special commitment center on McNeil Island with up to four hundred four beds as a total confinement facility under this chapter, subject to appropriated funding for those purposes. The secure community transition facility shall be authorized for the number of beds needed to ensure compliance with the orders of the superior courts under this chapter and the federal district court for the western district of Washington. The total number of beds in the secure community transition facility shall be limited to twenty-four, consisting of up to fifteen transitional beds ((shall be limited to fifteen)) and up to nine pretransitional beds. The residents occupying ((these)) the transitional beds shall be the only residents eligible for transitional services occurring in Pierce county. In no event shall more than fifteen residents of the secure community transition facility be participating in off-island transitional, educational, or employment activity at the same time in Pierce county. The department shall provide the Pierce county sheriff, or his or her designee, with a list of the fifteen residents so designated, along with their photographs and physical descriptions, and ((it)) the list shall be immediately updated whenever a residential change occurs. The Pierce county sheriff, or his or her designee, shall be provided an opportunity to confirm the residential status of each resident leaving McNeil Island.
(b) For purposes of this subsection, "transitional beds" means beds only for residents ((in halfway house status)) who are judged by a qualified expert to be suitable to leave the island for treatment, education, and employment.
(2)(a) The secretary is authorized to site, either within the secure community transition facility established pursuant to subsection (1)(a)(i) of this section, or within the special commitment center, up to nine pretransitional beds.
(b) Residents assigned to pretransitional beds shall not be permitted to leave McNeil Island for education, employment, treatment, or community activities in Pierce county.
(c) For purposes of this subsection, "pretransitional beds" means beds for residents whose progress toward a less secure residential environment and transition into more complete community involvement is projected to take substantially longer than a typical resident of the special commitment center.
(3) Notwithstanding RCW 36.70A.103 or any other law, this statute preempts and supersedes local plans, development regulations, permitting requirements, inspection requirements, and all other laws as necessary to enable the secretary to site, construct, occupy, and operate a secure community transition facility on McNeil Island and a total confinement facility on McNeil Island.
(4) To the greatest extent possible, until June 30, 2003, persons who were not civilly committed from the county in which the secure community transition facility established pursuant to subsection (1) of this section is located may not be conditionally released to a setting in that same county less restrictive than that facility.
(5) As of June 26, 2001, the state shall immediately cease any efforts in effect on such date to site secure community transition facilities, other than the facility authorized by subsection (1) of this section, and shall instead site such facilities in accordance with the provisions of this section.
(6) The department must:
(a) Identify the minimum and maximum number of secure community transition facility beds in addition to the facility established under subsection (1) of this section that may be necessary for the period of May 2004 through May 2007 and provide notice of these numbers to all counties by August 31, 2001; and
(b) ((In consultation with the joint select committee established in section 225, chapter 12, Laws of 2001 2nd sp. sess.,)) Develop and publish policy guidelines for the siting and operation of secure community transition facilities ((by October 1, 2001; and
(c) Provide a status report to the appropriate committees of the legislature by December 1, 2002, on the development of facilities under the incentive program established in RCW 71.09.255. The report shall include a projection of the anticipated number of secure community transition facility beds that will become operational between May 2004 and May 2007. If it appears that an insufficient number of beds will be operational, the department's report shall recommend a progression of methods to facilitate siting in counties and cities including, if necessary, preemption of local land use planning process and other laws)).
(7)(a) The total number of secure community transition facility beds that may be required to be sited in a county between June 26, 2001, and June 30, 2008, may be no greater than the total number of persons civilly committed from that county, or detained at the special commitment center under a pending civil commitment petition from that county where a finding of probable cause had been made on April 1, 2001. The total number of secure community transition facility beds required to be sited in each county between July 1, 2008, and June 30, 2015, may be no greater than the total number of persons civilly committed from that county or detained at the special commitment center under a pending civil commitment petition from that county where a finding of probable cause had been made as of July 1, 2008.
(b) Counties and cities that provide secure community transition facility beds above the maximum number that they could be required to site under this subsection are eligible for a bonus grant under the incentive provisions in RCW 71.09.255. The county where the special commitment center is located shall receive this bonus grant for the number of beds in the facility established in subsection (1) of this section in excess of the maximum number established by this subsection.
(c) No secure community transition facilities in addition to the one established in subsection (1) of this section may be required to be sited in the county where the special commitment center is located until after June 30, 2008, provided however, that the county and its cities may elect to site additional secure community transition facilities and shall be eligible under the incentive provisions of RCW 71.09.255 for any additional facilities meeting the requirements of that section.
(8) In identifying potential sites within a county for the location of a secure community transition facility, the department shall work with and assist local governments to provide for the equitable distribution of such facilities. In coordinating and deciding upon the siting of secure community transition facilities, great weight shall be given by the county and cities within the county to:
(a) The number and location of existing residential facility beds operated by the department of corrections or the mental health division of the department of social and health services in each jurisdiction in the county; and
(b) The number of registered sex offenders classified as level II or level III and the number of sex offenders registered as homeless residing in each jurisdiction in the county.
(9)(a) "Equitable distribution" means siting or locating secure community transition facilities in a manner that will not cause a disproportionate grouping of similar facilities either in any one county, or in any one jurisdiction or community within a county, as relevant; and
(b) "Jurisdiction" means a city, town, or geographic area of a county in which ((district)) distinct political or judicial authority may be exercised.
Sec. 4. RCW 71.09.275 and 2001 2nd sp.s. c 12 s 211 are each amended to read as follows:
(1) ((By August 1, 2001, the department must provide the appropriate committees of the legislature with a transportation plan to address the issues of coordinating the movement of residents of the secure community transition facility established pursuant to RCW 71.09.250(1) between McNeil Island and the mainland with the movement of others who must use the same docks or equipment within the funds appropriated for this purpose.
(2))) If the department does not provide a separate vessel for transporting residents of the secure community transition facility established in RCW 71.09.250(1) between McNeil Island and the mainland, the ((plan)) department shall ((include at least the following components)):
(a) ((The)) Separate residents ((shall be separated)) from minors and vulnerable adults, except vulnerable adults who have been found to be sexually violent predators.
(b) ((The)) Not transport residents ((shall not be transported)) during times when children are normally coming to and from the mainland for school.
(((3))) (2) The department shall designate a separate waiting area at the points of debarkation, and residents shall be required to remain in this area while awaiting transportation.
(((4))) (3) The department shall provide law enforcement agencies in the counties and cities in which residents of the secure community transition facility established pursuant to RCW 71.09.250(1)(a)(i) regularly participate in employment, education, or social services, or through which these persons are regularly transported, with a copy of the court's order of conditional release with respect to these persons.
Sec. 5. RCW 71.09.290 and 2001 2nd sp.s. c 12 s 214 are each amended to read as follows:
The secretary shall establish policy guidelines for the siting of secure community transition facilities, other than the secure community transition facility established pursuant to RCW 71.09.250(1)(a)(i), which shall include at least the following minimum requirements:
(1) The following criteria must be considered prior to any real property being listed for consideration for the location of or use as a secure community transition facility:
(a) The proximity and response time criteria established under RCW 71.09.285;
(b) The site or building is available for lease for the anticipated use period or for purchase;
(c) Security monitoring services and appropriate back-up systems are available and reliable;
(d) Appropriate mental health and sex offender treatment providers must be available within a reasonable commute; and
(e) Appropriate permitting for a secure community transition facility must be possible under the zoning code of the local jurisdiction.
(2) For sites which meet the criteria of subsection (1) of this section, the department shall analyze and compare the criteria in subsections (3) through (5) of this section using the method established in RCW 71.09.285.
(3) Public safety and security criteria shall include at least the following:
(a) Whether limited visibility between the facility and adjacent properties can be achieved prior to placement of any person;
(b) The distance from, and number of, risk potential activities and facilities, as measured using the ((rules)) policies adopted under RCW 71.09.285;
(c) The existence of or ability to establish barriers between the site and the risk potential facilities and activities;
(d) Suitability of the buildings to be used for the secure community transition facility with regard to existing or feasibly modified features; and
(e) The availability of electronic monitoring that allows a resident's location to be determined with specificity.
(4) Site characteristics criteria shall include at least the following:
(a) Reasonableness of rental, lease, or sale terms including length and renewability of a lease or rental agreement;
(b) Traffic and access patterns associated with the real property;
(c) Feasibility of complying with zoning requirements within the necessary time frame; and
(d) A contractor or contractors are available to install, monitor, and repair the necessary security and alarm systems.
(5) Program characteristics criteria shall include at least the following:
(a) Reasonable proximity to available medical, mental health, sex offender, and chemical dependency treatment providers and facilities;
(b) Suitability of the location for programming, staffing, and support considerations;
(c) Proximity to employment, educational, vocational, and other treatment plan components.
(6) For purposes of this section "available" or "availability" of qualified treatment providers includes provider qualifications and willingness to provide services, average commute time, and cost of services.
NEW SECTION. Sec. 6. A new section is added to chapter 71.09 RCW to read as follows:
The emergency response team for McNeil Island shall plan, coordinate, and respond in the event of an escape from the special commitment center or the secure community transition facility.
NEW SECTION. Sec. 7. RCW 71.09.270 (Transition facility--Law enforcement presence) and 2001 2nd sp.s. c 12 s 210 are each repealed.
NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
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 July 1, 2003."
Correct the title.
Signed by Representatives Sommers, Chairman; Fromhold, Vice Chairman; Sehlin, Ranking Minority Member; Pearson, Assistant Ranking Minority Member; Alexander; Boldt; Buck; Clements; Cody; Cox; DeBolt; Dunshee; Grant; Hunter; Kagi; Kessler; Linville; McIntire; Miloscia; Ruderman; Schual-Berke and Sump.
MINORITY recommendation: Do not pass. Signed by Representatives Conway; McDonald and Talcott.
April 23, 2003
SSB 6054 Prime Sponsor, Senate Committee On Ways & Means: Clarifying the application of the industrial welfare act to public employers. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended by Committee on Appropriations and without amendment by Committee on Commerce & Labor.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that the enactment of chapter 236, Laws of 1988 amended the definition of employer under the industrial welfare act, chapter 49.12 RCW, to ensure that the family care provisions of that act applied to the state and political subdivisions. The legislature further finds that this amendment of the definition of employer may be interpreted as creating an ambiguity as to whether the other provisions of chapter 49.12 RCW have applied to the state and its political subdivisions. The purpose of this act is to make retroactive, remedial, curative, and technical amendments to clarify the intent of chapter 49.12 RCW and chapter 236, Laws of 1988 and resolve any ambiguity. It is the intent of the legislature to establish that, prior to the effective date of this act, chapter 49.12 RCW and the rules adopted thereunder did not apply to the state or its agencies and political subdivisions except as expressly provided for in RCW 49.12.265 through 49.12.295, 49.12.350 through 49.12.370, 49.12.450, and 49.12.460.
Sec. 2. RCW 49.12.005 and 1998 c 334 s 1 are each amended to read as follows:
For the purposes of this chapter:
(1) ((The term)) "Department" means the department of labor and industries.
(2) ((The term)) "Director" means the director of the department of labor and industries, or the director's designated representative.
(3) ((The term)) (a) Before the effective date of this act, "employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees ((and)) but does not include the state, any state institution, any state agency, political subdivision of the state, or any municipal corporation or quasi-municipal corporation. However, for the purposes of RCW ((49.12.270)) 49.12.265 through 49.12.295 ((and)), 49.12.350 through 49.12.370, 49.12.450, and 49.12.460 only, "employer" also includes the state, any state institution, any state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation.
(b) On and after the effective date of this act, "employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. However, this chapter and the rules adopted thereunder apply to these public employers only to the extent that this chapter and the rules adopted thereunder do not conflict with: (i) Any state statute or rule; and (ii) respect to political subdivisions of the state and any municipal or quasi-municipal corporation, any local resolution, ordinance, or rule adopted under the authority of the local legislative authority before April 1, 2003.
(4) ((The term)) "Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.
(5) ((The term)) "Conditions of labor" ((shall)) means and includes the conditions of rest and meal periods for employees including provisions for personal privacy, practices, methods and means by or through which labor or services are performed by employees and includes bona fide physical qualifications in employment, but shall not include conditions of labor otherwise governed by statutes and rules and regulations relating to industrial safety and health administered by the department.
(6) For the purpose of chapter 16, Laws of 1973 2nd ex. sess. a minor is defined to be a person of either sex under the age of eighteen years.
Sec. 3. RCW 49.12.187 and 1973 2nd ex.s. c 16 s 18 are each amended to read as follows:
This chapter shall not be construed to interfere with, impede, or in any way diminish the right of employees to bargain collectively with their employers through representatives of their own choosing concerning wages or standards or conditions of employment.
Employees of public employers may enter into collective bargaining contracts, labor/management agreements, or other mutually agreed to employment agreements that specifically vary from or supersede, in part or in total, rules adopted under this chapter regarding appropriate rest and meal periods.
Sec. 4. RCW 49.12.360 and 1989 1st ex.s. c 11 s 23 are each amended to read as follows:
(1) An employer must grant an adoptive parent or a stepparent, at the time of birth or initial placement for adoption of a child under the age of six, the same leave under the same terms as the employer grants to biological parents. As a term of leave, an employer may restrict leave to those living with the child at the time of birth or initial placement.
(2) An employer must grant the same leave upon the same terms for men as it does for women.
(3) The department shall administer and investigate violations of this section. Notices of infraction, penalties, and appeals shall be administered in the same manner as violations under RCW 49.12.285.
(4) ((For purposes of this section, "employer" includes all private and public employers listed in RCW 49.12.005(3).
(5))) For purposes of this section, "leave" means any leave from employment granted to care for a newborn or a newly adopted child at the time of placement for adoption.
(((6))) (5) Nothing in this section requires an employer to:
(a) Grant leave equivalent to maternity disability leave; or
(b) Establish a leave policy to care for a newborn or newly placed child if no such leave policy is in place for any of its employees.
Sec. 5. RCW 49.12.460 and 2001 c 173 s 1 are each amended to read as follows:
(1) An employer may not discharge from employment or discipline a volunteer fire fighter because of leave taken related to an alarm of fire or an emergency call.
(2)(a) A volunteer fire fighter who believes he or she was discharged or disciplined in violation of this section may file a complaint alleging the violation with the director. The volunteer fire fighter may allege a violation only by filing such a complaint within ninety days of the alleged violation.
(b) Upon receipt of the complaint, the director must cause an investigation to be made as the director deems appropriate and must determine whether this section has been violated. Notice of the director's determination must be sent to the complainant and the employer within ninety days of receipt of the complaint.
(c) If the director determines that this section was violated and the employer fails to reinstate the employee or withdraw the disciplinary action taken against the employee, whichever is applicable, within thirty days of receipt of notice of the director's determination, the volunteer fire fighter may bring an action against the employer alleging a violation of this section and seeking reinstatement or withdrawal of the disciplinary action.
(d) In any action brought under this section, the superior court shall have jurisdiction, for cause shown, to restrain violations under this section and to order reinstatement of the employee or withdrawal of the disciplinary action.
(3) For the purposes of this section:
(a) "Alarm of fire or emergency call" means responding to, working at, or returning from a fire alarm or an emergency call, but not participating in training or other nonemergency activities.
(b) "Employer" means ((any person)) an employer who had twenty or more full-time equivalent employees in the previous year.
(c) "Reinstatement" means reinstatement with back pay, without loss of seniority or benefits, and with removal of any related adverse material from the employee's personnel file, if a file is maintained by the employer.
(d) "Withdrawal of disciplinary action" means withdrawal of disciplinary action with back pay, without loss of seniority or benefits, and with removal of any related adverse material from the employee's personnel file, if a file is maintained by the employer.
(e) "Volunteer fire fighter" means a fire fighter who:
(i) Is not paid;
(ii) Is not already at his or her place of employment when called to serve as a volunteer, unless the employer agrees to provide such an accommodation; and
(iii) Has been ordered to remain at his or her position by the commanding authority at the scene of the fire.
(4) The legislature declares that the public policies articulated in this section depend on the procedures established in this section and no civil or criminal action may be maintained relying on the public policies articulated in this section without complying with the procedures set forth in this section, and to that end all civil actions and civil causes of action for such injuries and all jurisdiction of the courts of this state over such causes are hereby abolished, except as provided in this section.
NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
On page 1, line 2 of the title, after "employers;" strike the remainder of the title and insert "amending RCW 49.12.005, 49.12.187, 49.12.360, and 49.12.460; creating a new section; and declaring an emergency."
Signed by Representatives Sommers, Chairman; Fromhold, Vice Chairman; Sehlin, Ranking Minority Member; Pearson, Assistant Ranking Minority Member; Alexander; Boldt; Buck; Clements; Cody; Conway; Cox; DeBolt; Dunshee; Grant; Hunter; Kagi; Kenney; Kessler; Linville; McDonald; McIntire; Miloscia; Pflug; Ruderman; Schual-Berke; Sump and Talcott.
April 23, 2003
SSB 6073 Prime Sponsor, Senate Committee On Ways & Means: Authorizing the increase of shellfish license fees. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass. Signed by Representatives Sommers, Chairman; Fromhold, Vice Chairman; Sehlin, Ranking Minority Member; Pearson, Assistant Ranking Minority Member; Alexander; Boldt; Buck; Clements; Cody; Conway; Dunshee; Grant; Hunter; Kagi; Kenney; Kessler; Linville; McDonald; McIntire; Miloscia; Ruderman; Schual-Berke; Sump and Talcott.
MINORITY recommendation: Do not pass. Signed by Representatives Cox and DeBolt.
There being no objection, the bills listed on the day's committee reports sheet under the fifth order of business were placed on the Second Reading calendar.
The Speaker (Representative Hatfield presiding) called upon Representative Lovick to preside.
SENATE AMENDMENTS TO HOUSE BILL
April 9, 2003
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 1085 with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 48.02.065 and 2001 c 57 s 1 are each amended to read as follows:
(1) Documents, materials, or other information as described in subsection (5) of this section are confidential by law and privileged, are not subject to public disclosure under chapter 42.17 RCW, and are not subject to subpoena directed to the commissioner or any person who received documents, materials, or other information while acting under the authority of the commissioner. The commissioner is authorized to use such documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the commissioner's official duties. The confidentiality and privilege created by this section and RCW 42.17.31916 applies only to the commissioner, any person acting under the authority of the commissioner, the national association of insurance commissioners and its affiliates and subsidiaries, regulatory and law enforcement officials of other states and nations, the federal government, and international authorities.
(2) Neither the commissioner nor any person who received documents, materials, or other information while acting under the authority of the commissioner is permitted or required to testify in any private civil action concerning any confidential and privileged documents, materials, or information subject to subsection (1) of this section.
(3) The commissioner:
(a) May share documents, materials, or other information, including the confidential and privileged documents, materials, or information subject to subsection (1) of this section, with (i) the national association of insurance commissioners and its affiliates and subsidiaries, and (ii) regulatory and law enforcement officials of other states and nations, the federal government, and international authorities, if the recipient agrees to maintain the confidentiality and privileged status of the document, material, or other information;
(b) May receive documents, materials, or information, including otherwise either confidential or privileged, or both, documents, materials, or information, from (i) the national association of insurance commissioners and its affiliates and subsidiaries, and (ii) regulatory and law enforcement officials of other states and nations, the federal government, and international authorities and shall maintain as confidential and privileged any document, material, or information received that is either confidential or privileged, or both, under the laws of the jurisdiction that is the source of the document, material, or information; and
(c) May enter into agreements governing the sharing and use of information consistent with this subsection.
(4) No waiver of an existing privilege or claim of confidentiality in the documents, materials, or information may occur as a result of disclosure to the commissioner under this section or as a result of sharing as authorized in subsection (3) of this section.
(5)(a) Documents, materials, or information, which is either confidential or privileged, or both, which has been provided to the commissioner by (((a))) (i) the national association of insurance commissioners and its affiliates and subsidiaries, (((b))) (ii) regulatory or law enforcement officials of other states and nations, the federal government, or international authorities, or (((c))) (iii) agencies of this state, is confidential and privileged only if the documents, materials, or information is protected from disclosure by the applicable laws of the jurisdiction that is the source of the document, material, or information.
(b) Working papers, documents, materials, or information produced by, obtained by, or disclosed to the commissioner or any other person in the course of a financial or market conduct examination are not required to be disclosed by the commissioner unless cited by the commissioner in connection with an agency action. The commissioner shall notify a party that produced documents, materials, or information twenty days before disclosure in connection to an agency action. The notified party may seek injunctive relief to prevent disclosure of any documents, materials, or information it believes is confidential or privileged in a court of competent jurisdiction. A waiver of existing privilege or claim of confidentiality may not occur as a result of a disclosure to the commissioner under this section."
On page 1, line 2 of the title, after "examinations;" strike the remainder of the title and insert "and amending RCW 48.02.065."
and the same is herewith transmitted.
Milt H. Doumit, Secretary
There being no objection, the House refused to concur in the Senate amendment to SUBSTITUTE HOUSE BILL NO. 1085 and asked the Senate to recede therefrom.
MESSAGE FROM THE SENATE
April 21, 2003
Mr. Speaker:
The Senate refuses to concur in the House amendment to SUBSTITUTE SENATE BILL NO. 5310 and asks the House to recede therefrom.
Milt H. Doumit, Secretary
There being no objection, the House insisted on its position in its amendment to SUBSTITUTE SENATE BILL NO. 5310 and asked the Senate to concur therein.
SENATE AMENDMENTS TO HOUSE BILL
April 10, 2003
Mr. Speaker:
The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2088 with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 35.67.020 and 1997 c 447 s 8 are each amended to read as follows:
(1) Every city and town may construct, condemn and purchase, acquire, add to, maintain, conduct, and operate systems of sewerage and systems and plants for refuse collection and disposal together with additions, extensions, and betterments thereto, within and without its limits((, with)). Every city and town has full jurisdiction and authority to manage, regulate, and control them and, except as provided in subsection (3) of this section, to fix, alter, regulate, and control the rates and charges for their use.
(2) Subject to subsection (3) of this section, the rates charged under this section must be uniform for the same class of customers or service and facilities furnished. In classifying customers served or service and facilities furnished by such system of sewerage, the city or town legislative body may in its discretion consider any or all of the following factors:
(((1))) (a) The difference in cost of service and facilities to the various customers;
(((2))) (b) The location of the various customers within and without the city or town;
(((3))) (c) The difference in cost of maintenance, operation, repair, and replacement of the various parts of the system;
(((4))) (d) The different character of the service and facilities furnished various customers;
(((5))) (e) The quantity and quality of the sewage delivered and the time of its delivery;
(((6))) (f) The achievement of water conservation goals and the discouragement of wasteful water use practices;
(((7))) (g) Capital contributions made to the system, including but not limited to, assessments;
(((8))) (h) The nonprofit public benefit status, as defined in RCW 24.03.490, of the land user; and
(((9))) (i) Any other matters which present a reasonable difference as a ground for distinction.
(3) The rate a city or town may charge under this section for storm or surface water sewer systems or the portion of the rate allocable to the storm or surface water sewer system of combined sanitary sewage and storm or surface water sewer systems shall be reduced by a minimum of ten percent for any new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate reductions in excess of ten percent dependent upon the amount of rainwater harvested.
(4) Rates or charges for on-site inspection and maintenance services may not be imposed under this chapter on the development, construction, or reconstruction of property.
(5) A city or town may provide assistance to aid low-income persons in connection with services provided under this chapter.
(6) Under this chapter, after July 1, 1998, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained inspector, trained owner's agent, or trained owner. Training must occur in a program approved by the state board of health or by a local health officer.
(7) Before adopting on-site inspection and maintenance utility services, or incorporating residences into an on-site inspection and maintenance or sewer utility under this chapter, notification must be provided, prior to the applicable public hearing, to all residences within the proposed service area that have on-site systems permitted by the local health officer. The notice must clearly state that the residence is within the proposed service area and must provide information on estimated rates or charges that may be imposed for the service.
(8) A city or town shall not provide on-site sewage system inspection, pumping services, or other maintenance or repair services under this section using city or town employees unless the on-site system is connected by a publicly owned collection system to the city or town's sewerage system, and the on-site system represents the first step in the sewage disposal process. Nothing in this section shall affect the authority of state or local health officers to carry out their responsibilities under any other applicable law.
Sec. 2. RCW 35.92.020 and 1997 c 447 s 9 are each amended to read as follows:
(1) A city or town may construct, condemn and purchase, purchase, acquire, add to, alter, maintain, and operate systems, plants, sites, or other facilities of sewerage as defined in RCW 35.67.010, or solid waste handling as defined by RCW 70.95.030((, and)). A city or town shall have full authority to manage, regulate, operate, control, and, except as provided in subsection (3) of this section, to fix the price of service and facilities of those systems, plants, sites, or other facilities within and without the limits of the city or town.
(2) Subject to subsection (3) of this section, the rates charged shall be uniform for the same class of customers or service and facilities. In classifying customers served or service and facilities furnished by a system or systems of sewerage, the legislative authority of the city or town may in its discretion consider any or all of the following factors:
(((1))) (a) The difference in cost of service and facilities to customers;
(((2))) (b) The location of customers within and without the city or town;
(((3))) (c) The difference in cost of maintenance, operation, repair, and replacement of the parts of the system;
(((4))) (d) The different character of the service and facilities furnished to customers;
(((5))) (e) The quantity and quality of the sewage delivered and the time of its delivery;
(((6))) (f) Capital contributions made to the systems, plants, sites, or other facilities, including but not limited to, assessments;
(((7))) (g) The nonprofit public benefit status, as defined in RCW 24.03.490, of the land user; and
(((8))) (h) Any other factors that present a reasonable difference as a ground for distinction.
(3) The rate a city or town may charge under this section for storm or surface water sewer systems or the portion of the rate allocable to the storm or surface water sewer system of combined sanitary sewage and storm or surface water sewer systems shall be reduced by a minimum of ten percent for any new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate reductions in excess of ten percent dependent upon the amount of rainwater harvested.
(4) Rates or charges for on-site inspection and maintenance services may not be imposed under this chapter on the development, construction, or reconstruction of property.
(5) A city or town may provide assistance to aid low-income persons in connection with services provided under this chapter.
(6) Under this chapter, after July 1, 1998, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained inspector, trained owner's agent, or trained owner. Training must occur in a program approved by the state board of health or by a local health officer.
(7) Before adopting on-site inspection and maintenance utility services, or incorporating residences into an on-site inspection and maintenance or sewer utility under this chapter, notification must be provided, prior to the applicable public hearing, to all residences within the proposed service area that have on-site systems permitted by the local health officer. The notice must clearly state that the residence is within the proposed service area and must provide information on estimated rates or charges that may be imposed for the service.
(8) A city or town shall not provide on-site sewage system inspection, pumping services, or other maintenance or repair services under this section using city or town employees unless the on-site system is connected by a publicly owned collection system to the city or town's sewerage system, and the on-site system represents the first step in the sewage disposal process. Nothing in this section shall affect the authority of state or local health officers to carry out their responsibilities under any other applicable law.
Sec. 3. RCW 36.89.080 and 1998 c 74 s 1 are each amended to read as follows:
(1) Subject to subsections (2) and (3) of this section, any county legislative authority may provide by resolution for revenues by fixing rates and charges for the furnishing of service to those served or receiving benefits or to be served or to receive benefits from any storm water control facility or contributing to an increase of surface water runoff. In fixing rates and charges, the county legislative authority may in its discretion consider:
(((1))) (a) Services furnished or to be furnished;
(((2))) (b) Benefits received or to be received;
(((3))) (c) The character and use of land or its water runoff characteristics;
(((4))) (d) The nonprofit public benefit status, as defined in RCW 24.03.490, of the land user;
(((5))) (e) Income level of persons served or provided benefits under this chapter, including senior citizens and disabled persons; or
(((6))) (f) Any other matters which present a reasonable difference as a ground for distinction.
(2) The rate a county may charge under this section for storm water control facilities shall be reduced by a minimum of ten percent for any new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate reductions in excess of ten percent dependent upon the amount of rainwater harvested.
(3) Rates and charges authorized under this section may not be imposed on lands taxed as forest land under chapter 84.33 RCW or as timber land under chapter 84.34 RCW.
(4) The service charges and rates collected shall be deposited in a special fund or funds in the county treasury to be used only for the purpose of paying all or any part of the cost and expense of maintaining and operating storm water control facilities, all or any part of the cost and expense of planning, designing, establishing, acquiring, developing, constructing and improving any of such facilities, or to pay or secure the payment of all or any portion of any issue of general obligation or revenue bonds issued for such purpose.
Sec. 4. RCW 36.94.140 and 1997 c 447 s 12 are each amended to read as follows:
(1) Every county, in the operation of a system of sewerage and/or water, shall have full jurisdiction and authority to manage, regulate, and control it ((and)). Except as provided in subsection (3) of this section, every county shall have full jurisdiction and authority to fix, alter, regulate, and control the rates and charges for the service and facilities to those to whom such service and facilities are available, and to levy charges for connection to the system.
(2) The rates for availability of service and facilities, and connection charges so charged must be uniform for the same class of customers or service and facility. In classifying customers served, service furnished or made available by such system of sewerage and/or water, or the connection charges, the county legislative authority may consider any or all of the following factors:
(((1))) (a) The difference in cost of service to the various customers within or without the area;
(((2))) (b) The difference in cost of maintenance, operation, repair and replacement of the various parts of the systems;
(((3))) (c) The different character of the service and facilities furnished various customers;
(((4))) (d) The quantity and quality of the sewage and/or water delivered and the time of its delivery;
(((5))) (e) Capital contributions made to the system or systems, including, but not limited to, assessments;
(((6))) (f) The cost of acquiring the system or portions of the system in making system improvements necessary for the public health and safety;
(((7))) (g) The nonprofit public benefit status, as defined in RCW 24.03.490, of the land user; and
(((8))) (h) Any other matters which present a reasonable difference as a ground for distinction.
(3) The rate a county may charge under this section for storm or surface water sewer systems or the portion of the rate allocable to the storm or surface water sewer system of combined sanitary sewage and storm or surface water sewer systems shall be reduced by a minimum of ten percent for any new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate reductions in excess of ten percent dependent upon the amount of rainwater harvested.
(4) A county may provide assistance to aid low-income persons in connection with services provided under this chapter.
(5) The service charges and rates shall produce revenues sufficient to take care of the costs of maintenance and operation, revenue bond and warrant interest and principal amortization requirements, and all other charges necessary for the efficient and proper operation of the system.
Sec. 5. RCW 57.08.005 and 1999 c 153 s 2 are each amended to read as follows:
A district shall have the following powers:
(1) To acquire by purchase or condemnation, or both, all lands, property and property rights, and all water and water rights, both within and without the district, necessary for its purposes. The right of eminent domain shall be exercised in the same manner and by the same procedure as provided for cities and towns, insofar as consistent with this title, except that all assessment or reassessment rolls to be prepared and filed by eminent domain commissioners or commissioners appointed by the court shall be prepared and filed by the district, and the duties devolving upon the city treasurer are imposed upon the county treasurer;
(2) To lease real or personal property necessary for its purposes for a term of years for which that leased property may reasonably be needed;
(3) To construct, condemn and purchase, add to, maintain, and supply waterworks to furnish the district and inhabitants thereof and any other persons, both within and without the district, with an ample supply of water for all uses and purposes public and private with full authority to regulate and control the use, content, distribution, and price thereof in such a manner as is not in conflict with general law and may construct, acquire, or own buildings and other necessary district facilities. Where a customer connected to the district's system uses the water on an intermittent or transient basis, a district may charge for providing water service to such a customer, regardless of the amount of water, if any, used by the customer. District waterworks may include facilities which result in combined water supply and electric generation, if the electricity generated thereby is a byproduct of the water supply system. That electricity may be used by the district or sold to any entity authorized by law to use or distribute electricity. Electricity is deemed a byproduct when the electrical generation is subordinate to the primary purpose of water supply. For such purposes, a district may take, condemn and purchase, acquire, and retain water from any public or navigable lake, river or watercourse, or any underflowing water, and by means of aqueducts or pipeline conduct the same throughout the district and any city or town therein and carry it along and upon public highways, roads, and streets, within and without such district. For the purpose of constructing or laying aqueducts or pipelines, dams, or waterworks or other necessary structures in storing and retaining water or for any other lawful purpose such district may occupy the beds and shores up to the high water mark of any such lake, river, or other watercourse, and may acquire by purchase or condemnation such property or property rights or privileges as may be necessary to protect its water supply from pollution. For the purposes of waterworks which include facilities for the generation of electricity as a byproduct, nothing in this section may be construed to authorize a district to condemn electric generating, transmission, or distribution rights or facilities of entities authorized by law to distribute electricity, or to acquire such rights or facilities without the consent of the owner;
(4) To purchase and take water from any municipal corporation, private person, or entity. A district contiguous to Canada may contract with a Canadian corporation for the purchase of water and for the construction, purchase, maintenance, and supply of waterworks to furnish the district and inhabitants thereof and residents of Canada with an ample supply of water under the terms approved by the board of commissioners;
(5) To construct, condemn and purchase, add to, maintain, and operate systems of sewers for the purpose of furnishing the district, the inhabitants thereof, and persons outside the district with an adequate system of sewers for all uses and purposes, public and private, including but not limited to on-site sewage disposal facilities, approved septic tanks or approved septic tank systems, on- site sanitary sewerage systems, inspection services and maintenance services for private and public on-site systems, point and nonpoint water pollution monitoring programs that are directly related to the sewerage facilities and programs operated by a district, other facilities, programs, and systems for the collection, interception, treatment, and disposal of wastewater, and for the control of pollution from wastewater with full authority to regulate the use and operation thereof and the service rates to be charged. Under this chapter, after July 1, 1998, any requirements for pumping the septic tank of an on- site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained inspector, trained owner's agent, or trained owner. Training must occur in a program approved by the state board of health or by a local health officer. Sewage facilities may include facilities which result in combined sewage disposal or treatment and electric generation, except that the electricity generated thereby is a byproduct of the system of sewers. Such electricity may be used by the district or sold to any entity authorized by law to distribute electricity. Electricity is deemed a byproduct when the electrical generation is subordinate to the primary purpose of sewage disposal or treatment. For such purposes a district may conduct sewage throughout the district and throughout other political subdivisions within the district, and construct and lay sewer pipe along and upon public highways, roads, and streets, within and without the district, and condemn and purchase or acquire land and rights of way necessary for such sewer pipe. A district may erect sewage treatment plants within or without the district, and may acquire, by purchase or condemnation, properties or privileges necessary to be had to protect any lakes, rivers, or watercourses and also other areas of land from pollution from its sewers or its sewage treatment plant. For the purposes of sewage facilities which include facilities that result in combined sewage disposal or treatment and electric generation where the electric generation is a byproduct, nothing in this section may be construed to authorize a district to condemn electric generating, transmission, or distribution rights or facilities of entities authorized by law to distribute electricity, or to acquire such rights or facilities without the consent of the owners;
(6)(a) To construct, condemn and purchase, add to, maintain, and operate systems of drainage for the benefit and use of the district, the inhabitants thereof, and persons outside the district with an adequate system of drainage, including but not limited to facilities and systems for the collection, interception, treatment, and disposal of storm or surface waters, and for the protection, preservation, and rehabilitation of surface and underground waters, and drainage facilities for public highways, streets, and roads, with full authority to regulate the use and operation thereof and, except as provided in (b) of this subsection, the service rates to be charged.
(b) The rate a district may charge under this section for storm or surface water sewer systems or the portion of the rate allocable to the storm or surface water sewer system of combined sanitary sewage and storm or surface water sewer systems shall be reduced by a minimum of ten percent for any new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate reductions in excess of ten percent dependent upon the amount of rainwater harvested.
(c) Drainage facilities may include natural systems. Drainage facilities may include facilities which result in combined drainage facilities and electric generation, except that the electricity generated thereby is a byproduct of the drainage system. Such electricity may be used by the district or sold to any entity authorized by law to distribute electricity. Electricity is deemed a byproduct when the electrical generation is subordinate to the primary purpose of drainage collection, disposal, and treatment. For such purposes, a district may conduct storm or surface water throughout the district and throughout other political subdivisions within the district, construct and lay drainage pipe and culverts along and upon public highways, roads, and streets, within and without the district, and condemn and purchase or acquire land and rights of way necessary for such drainage systems. A district may provide or erect facilities and improvements for the treatment and disposal of storm or surface water within or without the district, and may acquire, by purchase or condemnation, properties or privileges necessary to be had to protect any lakes, rivers, or watercourses and also other areas of land from pollution from storm or surface waters. For the purposes of drainage facilities which include facilities that also generate electricity as a byproduct, nothing in this section may be construed to authorize a district to condemn electric generating, transmission, or distribution rights or facilities of entities authorized by law to distribute electricity, or to acquire such rights or facilities without the consent of the owners;
(7) To construct, condemn, acquire, and own buildings and other necessary district facilities;
(8) To compel all property owners within the district located within an area served by the district's system of sewers to connect their private drain and sewer systems with the district's system under such penalty as the commissioners shall prescribe by resolution. The district may for such purpose enter upon private property and connect the private drains or sewers with the district system and the cost thereof shall be charged against the property owner and shall be a lien upon property served;
(9) Where a district contains within its borders, abuts, or is located adjacent to any lake, stream, ground water as defined by RCW 90.44.035, or other waterway within the state of Washington, to provide for the reduction, minimization, or elimination of pollutants from those waters in accordance with the district's comprehensive plan, and to issue general obligation bonds, revenue bonds, local improvement district bonds, or utility local improvement bonds for the purpose of paying all or any part of the cost of reducing, minimizing, or eliminating the pollutants from these waters;
(10) Subject to subsection (6) of this section, to fix rates and charges for water, sewer, and drain service supplied and to charge property owners seeking to connect to the district's systems, as a condition to granting the right to so connect, in addition to the cost of the connection, such reasonable connection charge as the board of commissioners shall determine to be proper in order that those property owners shall bear their equitable share of the cost of the system. For the purposes of calculating a connection charge, the board of commissioners shall determine the pro rata share of the cost of existing facilities and facilities planned for construction within the next ten years and contained in an adopted comprehensive plan and other costs borne by the district which are directly attributable to the improvements required by property owners seeking to connect to the system. The cost of existing facilities shall not include those portions of the system which have been donated or which have been paid for by grants. The connection charge may include interest charges applied from the date of construction of the system until the connection, or for a period not to exceed ten years, whichever is shorter, at a rate commensurate with the rate of interest applicable to the district at the time of construction or major rehabilitation of the system, or at the time of installation of the lines to which the property owner is seeking to connect. A district may permit payment of the cost of connection and the reasonable connection charge to be paid with interest in installments over a period not exceeding fifteen years. The county treasurer may charge and collect a fee of three dollars for each year for the treasurer's services. Those fees shall be a charge to be included as part of each annual installment, and shall be credited to the county current expense fund by the county treasurer. Revenues from connection charges excluding permit fees are to be considered payments in aid of construction as defined by department of revenue rule. Rates or charges for on-site inspection and maintenance services may not be imposed under this chapter on the development, construction, or reconstruction of property.
Before adopting on-site inspection and maintenance utility services, or incorporating residences into an on-site inspection and maintenance or sewer utility under this chapter, notification must be provided, prior to the applicable public hearing, to all residences within the proposed service area that have on-site systems permitted by the local health officer. The notice must clearly state that the residence is within the proposed service area and must provide information on estimated rates or charges that may be imposed for the service.
A water-sewer district shall not provide on-site sewage system inspection, pumping services, or other maintenance or repair services under this section using water-sewer district employees unless the on- site system is connected by a publicly owned collection system to the water-sewer district's sewerage system, and the on-site system represents the first step in the sewage disposal process.
Except as otherwise provided in RCW 90.03.525, any public entity and public property, including the state of Washington and state property, shall be subject to rates and charges for sewer, water, storm water control, drainage, and street lighting facilities to the same extent private persons and private property are subject to those rates and charges that are imposed by districts. In setting those rates and charges, consideration may be made of in-kind services, such as stream improvements or donation of property;
(11) To contract with individuals, associations and corporations, the state of Washington, and the United States;
(12) To employ such persons as are needed to carry out the district's purposes and fix salaries and any bond requirements for those employees;
(13) To contract for the provision of engineering, legal, and other professional services as in the board of commissioner's discretion is necessary in carrying out their duties;
(14) To sue and be sued;
(15) To loan and borrow funds and to issue bonds and instruments evidencing indebtedness under chapter 57.20 RCW and other applicable laws;
(16) To transfer funds, real or personal property, property interests, or services subject to RCW 57.08.015;
(17) To levy taxes in accordance with this chapter and chapters 57.04 and 57.20 RCW;
(18) To provide for making local improvements and to levy and collect special assessments on property benefitted thereby, and for paying for the same or any portion thereof in accordance with chapter 57.16 RCW;
(19) To establish street lighting systems under RCW 57.08.060;
(20) To exercise such other powers as are granted to water-sewer districts by this title or other applicable laws; and
(21) To exercise any of the powers granted to cities and counties with respect to the acquisition, construction, maintenance, operation of, and fixing rates and charges for waterworks and systems of sewerage and drainage.
Sec. 6. RCW 57.08.081 and 1999 c 153 s 11 are each amended to read as follows:
(1) Subject to RCW 57.08.005(6), the commissioners of any district shall provide for revenues by fixing rates and charges for furnishing sewer and drainage service and facilities to those to whom service is available or for providing water, such rates and charges to be fixed as deemed necessary by the commissioners, so that uniform charges will be made for the same class of customer or service and facility. Rates and charges may be combined for the furnishing of more than one type of sewer or drainage service and facilities.
(2) In classifying customers of such water, sewer, or drainage system, the board of commissioners may in its discretion consider any or all of the following factors: The difference in cost to various customers; the location of the various customers within and without the district; the difference in cost of maintenance, operation, repair, and replacement of the various parts of the system; the different character of the service furnished various customers; the quantity and quality of the service and facility furnished; the time of its use; the achievement of water conservation goals and the discouragement of wasteful practices; capital contributions made to the system including but not limited to assessments; and any other matters which present a reasonable difference as a ground for distinction. Rates shall be established as deemed proper by the commissioners and as fixed by resolution and shall produce revenues sufficient to take care of the costs of maintenance and operation, revenue bond and warrant interest and principal amortization requirements, and all other charges necessary for efficient and proper operation of the system. Prior to furnishing services, a district may require a deposit to guarantee payment for services. However, failure to require a deposit does not affect the validity of any lien authorized by this section.
(3) The commissioners shall enforce collection of connection charges, and rates and charges for water supplied against property owners connecting with the system or receiving such water, and for sewer and drainage services charged against property to which and its owners to whom the service is available, such charges being deemed charges against the property served, by addition of penalties of not more than ten percent thereof in case of failure to pay the charges at times fixed by resolution. The commissioners may provide by resolution that where either connection charges or rates and charges for services supplied are delinquent for any specified period of time, the district shall certify the delinquencies to the auditor of the county in which the real property is located, and the charges and any penalties added thereto and interest thereon at the rate of not more than the prime lending rate of the district's bank plus four percentage points per year shall be a lien against the property upon which the service was received, subject only to the lien for general taxes.
(4) The district may, at any time after the connection charges or rates and charges for services supplied or available and penalties are delinquent for a period of sixty days, bring suit in foreclosure by civil action in the superior court of the county in which the real property is located. The court may allow, in addition to the costs and disbursements provided by statute, attorneys' fees, title search and report costs, and expenses as it adjudges reasonable. The action shall be in rem, and may be brought in the name of the district against an individual or against all of those who are delinquent in one action. The laws and rules of the court shall control as in other civil actions.
(5) In addition to the right to foreclose provided in this section, the district may also cut off all or part of the service after charges for water or sewer service supplied or available are delinquent for a period of thirty days.
(6) A district may determine how to apply partial payments on past due accounts.
(7) A district may provide a real property owner or the owner's designee with duplicate bills for service to tenants, or may notify an owner or the owner's designee that a tenant's service account is delinquent. However, if an owner or the owner's designee notifies the district in writing that a property served by the district is a rental property, asks to be notified of a tenant's delinquency, and has provided, in writing, a complete and accurate mailing address, the district shall notify the owner or the owner's designee of a tenant's delinquency at the same time and in the same manner the district notifies the tenant of the tenant's delinquency or by mail. When a district provides a real property owner or the owner's designee with duplicates of tenant utility service bills or notice that a tenant's utility account is delinquent, the district shall notify the tenant that it is providing the duplicate bills or delinquency notice to the owner or the owner's designee. After January 1, 1999, if a district fails to notify the owner of a tenant's delinquency after receiving a written request to do so and after receiving the other information required by this subsection (7), the district shall have no lien against the premises for the tenant's delinquent and unpaid charges.
Sec. 7. RCW 84.33.210 and 2001 c 249 s 6 are each amended to read as follows:
(1) Any land that is designated as forest land under this chapter at the earlier of the times the legislative authority of a local government adopts a resolution, ordinance, or legislative act (a) to create a local improvement district, in which the land is included or would have been included but for the designation, or (b) to approve or confirm a final special benefit assessment roll relating to a sanitary or storm sewerage system, domestic water supply or distribution system, or road construction or improvement, which roll would have included the land but for the designation, shall be exempt from special benefit assessments ((or)), charges in lieu of assessment, or rates and charges for storm water control facilities under RCW 36.89.080 for such purposes as long as that land remains designated as forest land, except as otherwise provided in RCW 84.33.250.
(2) Whenever a local government creates a local improvement district, the levying, collection, and enforcement of assessments shall be in the manner and subject to the same procedures and limitations as are provided under the law concerning the initiation and formation of local improvement districts for the particular local government. Notice of the creation of a local improvement district that includes designated forest land shall be filed with the assessor and the legislative authority of the county in which the land is located. The assessor, upon receiving notice of the creation of a local improvement district, shall send a notice to the owners of the designated forest lands listed on the tax rolls of the applicable treasurer of:
(a) The creation of the local improvement district;
(b) The exemption of that land from special benefit assessments;
(c) The fact that the designated forest land may become subject to the special benefit assessments if the owner waives the exemption by filing a notarized document with the governing body of the local government creating the local improvement district before the confirmation of the final special benefit assessment roll; and
(d) The potential liability, pursuant to RCW 84.33.220, if the exemption is not waived and the land is subsequently removed from designated forest land status.
(3) When a local government approves and confirms a special benefit assessment roll, from which designated forest land has been exempted under this section, it shall file a notice of this action with the assessor and the legislative authority of the county in which the land is located and with the treasurer of that local government. The notice shall describe the action taken, the type of improvement involved, the land exempted, and the amount of the special benefit assessment that would have been levied against the land if it had not been exempted. The filing of the notice with the assessor and the treasurer of that local government shall constitute constructive notice to a purchaser or encumbrancer of the affected land, and every person whose conveyance or encumbrance is subsequently executed or subsequently recorded, that the exempt land is subject to the charges provided in RCW 84.33.220 and 84.33.230, if the land is removed from its designation as forest land.
(4) The owner of the land exempted from special benefit assessments under this section may waive that exemption by filing a notarized document to that effect with the legislative authority of the local government upon receiving notice from said local government concerning the assessment roll hearing and before the local government confirms the final special benefit assessment roll. A copy of that waiver shall be filed by the local government with the assessor, but the failure to file this copy shall not affect the waiver.
(5) Except to the extent provided in RCW 84.33.250, the local government shall have no duty to furnish service from the improvement financed by the special benefit assessment to the exempted land.
Sec. 8. RCW 86.15.160 and 1986 c 278 s 60 are each amended to read as follows:
For the purposes of this chapter the supervisors may authorize:
(1) An annual excess ad valorem tax levy within any zone or participating zones when authorized by the voters of the zone or participating zones under RCW 84.52.052 and 84.52.054;
(2) An assessment upon property, including state property, specially benefited by flood control improvements or storm water control improvements imposed under chapter 86.09 RCW;
(3) Within any zone or participating zones an annual ad valorem property tax levy of not to exceed fifty cents per thousand dollars of assessed value when the levy will not take dollar rates that other taxing districts may lawfully claim and that will not cause the combined levies to exceed the constitutional and/or statutory limitations, and the additional levy, or any portion thereof, may also be made when dollar rates of other taxing units is released therefor by agreement with the other taxing units from their authorized levies;
(4) A charge, under RCW 36.89.080, for the furnishing of service to those who are receiving or will receive benefits from storm water control facilities and who are contributing to an increase in surface water runoff. The rate or charge imposed under this section shall be reduced by a minimum of ten percent for any new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate reductions in excess of ten percent dependent upon the amount of rainwater harvested;
(5) Except as otherwise provided in RCW 90.03.525, any public entity and public property, including the state and state property, shall be liable for the charges to the same extent a private person and privately owned property is liable for the charges, and in setting these rates and charges, consideration may be made of in-kind services, such as stream improvements or donation of property;
(((5))) (6) The creation of local improvement districts and utility local improvement districts, the issuance of improvement district bonds and warrants, and the imposition, collection, and enforcement of special assessments on all property, including any state-owned or other publicly-owned property, specially benefited from improvements in the same manner as provided for counties by chapter 36.94 RCW."
On page 1, line 1 of the title, after "charges;" strike the remainder of the title and insert "and amending RCW 35.67.020, 35.92.020, 36.89.080, 36.94.140, 57.08.005, 57.08.081, 84.33.210, and 86.15.160."
and the same is herewith transmitted.
Milt H. Doumit, Secretary
There being no objection, the House concurred in the Senate amendment to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2088 and advanced the bill as amended by the Senate to final passage.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
Representatives Schoesler and Rockefeller spoke in favor of the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2088 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2088, as amended by the Senate and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 97.
Excused: Representative McDonald - 1.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2088, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 23, 2003
Mr. Speaker:
The Senate insists on its position on SUBSTITUTE HOUSE BILL NO. 1028 and asks the House to concur, and the same is herewith transmitted.
Milt H. Doumit, Secretary
There being no objection, the House concurred in the Senate amendment to SUBSTITUTE HOUSE BILL NO. 1028 and advanced the bill as amended by the Senate to final passage.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
Representative Dickerson spoke in favor of the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be final passage of Substitute House Bill No. 1028 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1028, as amended by the Senate and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 97.
Excused: Representative McDonald - 1.
SUBSTITUTE HOUSE BILL NO. 1028, as amended by the Senate, having received the constitutional majority, was declared passed.
SECOND READING
The House immediately resumed consideration of ENGROSSED SENATE BILL NO. 5073.
Representatives Rockefeller and Chandler spoke in favor of the adoption of amendment (497).
The amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House, was placed on final passage.
Representatives Rockefeller and Linville spoke in favor of passage of the bill.
Representative Schoesler spoke against the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Senate Bill No. 5073, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5073, as amended by the House, and the bill passed the House by the following vote: Yeas - 67, Nays - 30, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Anderson, Armstrong, Berkey, Cairnes, Chandler, Chase, Clements, Clibborn, Cody, Conway, Cooper, Darneille, DeBolt, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Pettigrew, Pflug, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Skinner, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 67.
Voting nay: Representatives Ahern, Bailey, Benson, Blake, Boldt, Buck, Bush, Campbell, Carrell, Condotta, Cox, Crouse, Delvin, Ericksen, Hatfield, Hinkle, Holmquist, Kristiansen, Mastin, McMahan, Mielke, Orcutt, Pearson, Roach, Schindler, Schoesler, Sehlin, Shabro, Sump and Talcott - 30.
Excused: Representative McDonald - 1.
ENGROSSED SENATE BILL NO. 5073, as amended by the House, having received the necessary constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
April 23, 2003
Mr. Speaker:
The Senate refuses to concur in the House amendment to ENGROSSED SENATE BILL NO. 5389 and asks the House for a Conference thereon. The President has appointed the following members as Conferees: Senators Benton, Roach and Prentice, and the same is herewith transmitted.
Milt H. Doumit, Secretary
There being no objection, the rules were suspended and ENGROSSED SENATE BILL NO. 5389 was returned to Second Reading for purpose of amendments.
SECOND READING
ENGROSSED SENATE BILL NO. 5389, By Senators Benton, Prentice, Winsley, Reardon, Roach, Shin, Zarelli, Regala and T. Sheldon
Managing clean and sober housing.
Representative Veloria moved the adoption of the following amendment (499):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 59.18 RCW to read as follows:
(1) For the purpose of this section, "drug and alcohol free housing" requires a rental agreement and means a dwelling in which:
(a) Each of the dwelling units on the premises is occupied or held for occupancy by at least one tenant who is a recovering alcoholic or drug addict and is participating in a program of recovery;
(b) The landlord is a nonprofit corporation incorporated under Title 24 RCW, a corporation for profit incorporated under Title 23B RCW, or a housing authority created under chapter 35.82 RCW, and is providing federally assisted housing as defined in chapter 59.28 RCW;
(c) The landlord provides:
(i) A drug and alcohol free environment, covering all tenants, employees, staff, agents of the landlord, and guests;
(ii) An employee who monitors the tenants for compliance with the requirements of (d) of this subsection;
(iii) Individual and group support for recovery; and
(iv) Access to a specified program of recovery; and
(d) The rental agreement is in writing and includes the following provisions:
(i) The tenant may not use, possess, or share alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription, either on or off the premises;
(ii) The tenant may not allow the tenant's guests to use, possess, or share alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription, on the premises;
(iii) The tenant must participate in a program of recovery, which specific program is described in the rental agreement;
(iv) On at least a quarterly basis the tenant must provide written verification from the tenant's program of recovery that the tenant is participating in the program of recovery and the tenant has not used alcohol or illegal drugs;
(v) The landlord has the right to require the tenant to take a urine analysis test regarding drug or alcohol usage, at the landlord's discretion and expense; and
(vi) The landlord has the right to terminate the tenant's tenancy by delivering a three-day notice to terminate with one day to comply, if a tenant living in drug and alcohol free housing uses, possesses, or shares alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription.
(2) For the purpose of this section, "program of recovery" means a verifiable program of counseling and rehabilitation treatment services, including a written plan, to assist recovering alcoholics or drug addicts to recover from their addiction to alcohol or illegal drugs while living in drug and alcohol free housing. A "program of recovery" includes Alcoholics Anonymous, Narcotics Anonymous, and similar programs.
(3) If a tenant living for less than two years in drug and alcohol free housing uses, possesses, or shares alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription, the landlord may deliver a written notice to the tenant terminating the tenancy for cause as provided in this subsection. The notice must specify the acts constituting the drug or alcohol violation and must state that the rental agreement terminates in not less than three days after delivery of the notice, at a specified date and time. The notice must also state that the tenant can cure the drug or alcohol violation by a change in conduct or otherwise within one day after delivery of the notice. If the tenant cures the violation within the one-day period, the rental agreement does not terminate. If the tenant does not cure the violation within the one-day period, the rental agreement terminates as provided in the notice. If substantially the same act that constituted a prior drug or alcohol violation of which notice was given reoccurs within six months, the landlord may terminate the rental agreement upon at least three days' written notice specifying the violation and the date and time of termination of the rental agreement. The tenant does not have a right to cure this subsequent violation.
(4) Notwithstanding subsections (1), (2), and (3) of this section, federally assisted housing that is occupied on other than a transient basis by persons who are required to abstain from possession or use of alcohol or drugs as a condition of occupancy and who pay for the use of the housing on a periodic basis, without regard to whether the payment is characterized as rent, program fees, or other fees, costs, or charges, are covered by this chapter unless the living arrangement is exempt under RCW 59.18.040."
Representative Veloria spoke in favor of adoption of the amendment.
The amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House, was placed on final passage.
Representative Lantz spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Senate Bill No. 5389, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5389, as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 97.
Excused: Representative McDonald - 1.
ENGROSSED SENATE BILL NO. 5389, as amended by the House, having received the necessary constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 5545, By Senate Committee on Ways & Means (originally sponsored by Senators Esser, Reardon, Poulsen, Sheahan and Winsley; by request of Department of Health)
Using fees to develop and maintain a web-based vital records system.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Appropriations was adopted. (For committee amendment, see Journal, 101st Day, April 23, 2003.)
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House, was placed on final passage.
Representatives Alexander and McIntire spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5545, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5545, as amended by the House, and the bill passed the House by the following vote: Yeas - 77, Nays - 20, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Cairnes, Campbell, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pettigrew, Pflug, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 77.
Voting nay: Representatives Ahern, Boldt, Buck, Bush, Carrell, Chandler, Crouse, Ericksen, Hinkle, Kristiansen, Mastin, McMahan, Mielke, Newhouse, Nixon, Orcutt, Pearson, Roach, Schindler and Talcott - 20.
Excused: Representative McDonald - 1.
SUBSTITUTE SENATE BILL NO. 5545, as amended by the House, having received the necessary constitutional majority, was declared passed.
I intended to vote YEA on SUBSTITUTE SENATE BILL NO. 5545.
JOHN E. AHERN, 6th District
ENGROSSED SENATE BILL NO. 5676, By Senators Carlson, Kohl-Welles, Mulliken, Shin and Schmidt; by request of Higher Education Coordinating Board
Changing provisions in the educational opportunity grant program. (REVISED FOR ENGROSSED: Regarding higher education financial assistance.)
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Appropriations was adopted. (For committee amendment, see Journal, 101st Day, April 23, 2002.)
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House, was placed on final passage.
Representative Kenney spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Senate Bill No. 5676, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5676, as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 97.
Excused: Representative McDonald - 1.
ENGROSSED SENATE BILL NO. 5676, as amended by the House, having received the necessary constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6023, By Senate Committee on Ways & Means (originally sponsored by Senators Hargrove, Rossi, Fairley and Kohl-Welles)
Increasing certain assessments and penalties imposed by courts.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill, was placed on final passage.
Representatives Sommers and Sehlin spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 6023.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6023 and the bill passed the House by the following vote: Yeas - 69, Nays - 28, Absent - 0, Excused - 1.
Voting yea: Representatives Ahern, Alexander, Anderson, Bailey, Benson, Berkey, Blake, Chandler, Chase, Clements, Clibborn, Cody, Conway, Cooper, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pettigrew, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 69.
Voting nay: Representatives Armstrong, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Condotta, Cox, Crouse, Ericksen, Hinkle, Holmquist, Kirby, Kristiansen, Mastin, McMahan, Mielke, Newhouse, Nixon, Orcutt, Pearson, Pflug, Roach, Schindler, Schoesler, Sump and Talcott - 28.
Excused: Representative McDonald - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6023, having received the necessary constitutional majority, was declared passed.
SENATE BILL NO. 6052, By Senators Johnson and Rossi; by request of Office of Financial Management
Changing alternative route teacher certification provisions.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Appropriations was adopted. (For committee amendment, see Journal, 101st Day, April 23, 2003.)
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House, was placed on final passage.
Representatives Fromhold and Tom spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 6052, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6052, as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 97.
Excused: Representative McDonald - 1.
SENATE BILL NO. 6052, as amended by the House, having received the necessary constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6054, By Senate Committee on Ways & Means (originally sponsored by Senators Rossi and Fairley; by request of Office of Financial Management)
Clarifying the application of the industrial welfare act to public employers.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Appropriations was adopted. (For committee amendment, see Journal, 102th Day, April 24, 2003.)
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House, was placed on final passage.
Representative Conway spoke in favor of passage of the bill.
MOTION
On motion of Representative Clements, Representative Ericksen was excused.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6054, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6054, as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 96.
Excused: Representatives Ericksen and McDonald - 2.
SUBSTITUTE SENATE BILL NO. 6054, as amended by the House, having received the necessary constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5904, By Senate Committee on Ways & Means (originally sponsored by Senators Deccio, Thibaudeau, Winsley, Franklin, Parlette, Keiser, Brandland, Benton, Carlson, Hale, Johnson, Kline, McAuliffe, McCaslin, Mulliken, Oke, Rasmussen, West, Finkbeiner, Kohl-Welles, Shin, Stevens, Esser, B. Sheldon and Hewitt)
Concerning prescription drug assistance programs for seniors.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Appropriations was before the House for purpose of amendments. (For committee amendment, see Journal, 85th Day, April 7, 2003.)
With the consent of the House, amendments (448), (449) and (504) were withdrawn.
Representative Conway moved the adoption of amendment (451) to the committee amendment:
On page 3, line 2, after "agencies" insert ", private entities"
On page 3, line 26, after "voluntary for" insert "private entities and private"
Representative Conway spoke in favor of the adoption of the amendment to the committee amendment.
Representative Pflug spoke against the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was adopted.
Representative Cody moved the adoption of amendment (495) to the committee amendment:
On page 3, line 2 of the amendment, after "consortium." insert "State purchased health care programs shall purchase prescription drugs through the consortium for those prescription drugs that are purchased directly by the state and those that are purchased through reimbursement of retail pharmacies. The administrator shall not require that any supplemental rebate offered by a pharmaceutical manufacturer for prescription drugs purchased for medical assistance program clients under chapter 74.09 RCW be extended to state purchased health care programs other than medical assistance, or to private individuals participating in the consortium."
On page 3, line 8 of the amendment, strike "used for entities" and insert "the basis for consortium purchasing by and on behalf of state purchased health care programs"
On page 3, line 13 of the amendment, after "(2)" strike "State" and all material through "consortium." on line 21
Representatives Cody and Pflug spoke in favor of the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was adopted.
Representative Alexander moved the adoption of amendment (511) to the committee amendment:
On page 3, line 12 of the amendment, after "order" insert
", including prescriptions for mental health drugs"
Representative Alexander spoke in favor of the adoption of the amendment to the committee amendment.
Representative Cody spoke against the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was not adopted.
Representative Linville moved the adoption of amendment (508) to the committee amendment:
On page 3, line 12 of the amendment, after "order" insert
", including refills of prescriptions for an antipsychotic or antidepressant drug, in which case the pharmacist shall dispense the nonpreferred drug as written"
Representative Linville, Alexander and Schual-Berke spoke in favor of the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was adopted.
Representative Pflug moved the adoption of amendment (509) to the committee amendment:
On page 3, after line 34, insert the following:
"(4) The price discounts available pursuant to this section shall not be at the expense of retail pharmacies."
Representatives Pflug and Cody spoke in favor of the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was adopted.
Representative Cody moved the adoption of amendment (510) to the committee amendment:
On page 5 of the amendment, after line 17, insert the following:
"NEW SECTION. Sec. 6. A new section is added to chapter 74.09 RCW to read as follows:
Each of the state's area agencies on aging shall implement a program intended to inform and train persons sixty-five years of age and older in the safe and appropriate use of prescription and nonprescription medications. To further this purpose, the department shall award a development grant of up to twenty-five thousand dollars to each of the agencies upon a showing that:
(1) The agency has the ability to effectively administer such a program, including an understanding of the relevant issues and appropriate outreach and follow-up;
(2) The agency can bring resources to the program in addition to those funded by the grant; and
(3) The program will be a collaborative effort between the agency and other health care programs and providers in the location to be served, including doctors, pharmacists, and long-term care providers."
Renumber the remaining sections accordingly and correct the title.
Representative Cody and Pflug spoke in favor of the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was adopted.
Representative Pflug moved the adoption of amendment (502) to the committee amendment:
On page 1, after line 2 of the amendment, strike all material through "act." on page 5, line 25, and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that prescription drugs are an effective and important part of efforts to maintain and improve the health of Washington state residents. However, their increased cost and utilization is straining the resources of many people, particularly low-income elderly people who lack insurance coverage for such drugs. Furthermore, inappropriate use of prescription drugs can result in unnecessary expenditures and lead to serious health consequences. It is therefore the intent of the legislature to develop programs to provide prescription drugs at an affordable price to those in need, and increase public awareness regarding their safe and cost-effective use.
NEW SECTION. Sec. 2. A new section is added to chapter 74.09 RCW to read as follows:
(1) The Washington institute for public policy shall report to the appropriate committees of the legislature by November 15, 2003, on the projected five-year costs, benefits, enrollment levels, and implications for other state-funded medicaid services of a medicaid waiver program that would provide prescription drug benefits to persons aged sixty-five and older who would not otherwise be eligible for medicaid. The department shall actively cooperate and assist the institute in preparation of this report.
(2) The report shall assess at least three alternative benefit designs, involving differing enrollee premium levels, point-of-service cost-sharing arrangements, and deductible levels.
(3) For each alternative benefit design, the institute shall provide five-year estimates of the number of state residents who would be eligible for the program, the number who would seek coverage, and the projected cost of covering all applicants if eligibility for the program were limited to legal residents aged sixty-five and older with incomes at or below: (a) One hundred fifty percent of the federal poverty level; and (b) two hundred percent of the federal poverty level as adjusted for family size and determined annually by the federal department of health and human services.
(4) For each alternative benefit design and income eligibility level, the institute shall estimate the type and amount of medicaid expenditures on behalf of senior citizens that would need to be avoided as a result of the medicaid waiver program in order to meet federal budget neutrality requirements; the likelihood of avoiding such expenditures; and an assessment of the impacts upon the state budget and upon enrollment in the medicaid waiver program if the cost avoidance needed to meet federal budget neutrality requirements is not achieved.
(5) The report shall include suggestions about how the medicaid waiver drug benefit should be designed to promote coordination with, and avoid duplication of, drug benefits that may be made available under the federal medicare program.
NEW SECTION. Sec. 3. A new section is added to chapter 41.05 RCW to read as follows:
(1) The health care authority shall implement a program whereby it negotiates with prescription drug manufacturers for price discounts, comparable to those preferred prices it negotiates for its own purchases, to be available to any Washington resident:
(a) Whose family income does not exceed two hundred fifty percent of the federal poverty level as adjusted for family size and determined annually by the federal department of health and human services;
(b) Who does not otherwise have insurance that provides prescription drug coverage; and
(c) Who is: (i) At least fifty years old; or (ii) between the ages of nineteen and forty-nine and is otherwise eligible for benefits under Title II of the social security act, federal old age, survivors, and disability insurance benefits.
(2) The administrator shall charge participants in this program an annual enrollment fee sufficient to offset the cost of program administration.
(3) The price discounts available pursuant to this section shall not be at the expense of retail pharmacies.
(4) Within one hundred twenty days following the establishment of a pharmacy and therapeutics committee by the administrator for the purpose of evaluating the efficacy of prescription drugs, the drug utilization and education council within the department of social and health services shall be disbanded and its functions transferred to the pharmacy and therapeutics committee.
(5) In administering prescription drug benefits under state purchased health care programs, agencies shall honor an endorsing prescriber's direction to dispense a prescription drug as written on the prescription order.
(6) The preferred drug list shall exclude drugs used to treat mental illness, cancer, the acquired human immunodeficiency virus, and diabetes.
(7) The administrator shall not impose requirements for prior approval based on a preferred drug list for a biologic product as defined in section 351 of the Public Health Services Act; 42 U.S.C. 262.
(8) This program will be terminated within twelve months after implementation of a prescription drug benefit under Title XVIII of the social security act, or by June 30, 2009.
NEW SECTION. Sec. 4. A new section is added to chapter 41.05 RCW to read as follows:
The consolidated prescription drug purchasing account is created in the custody of the state treasurer. All receipts under section 3(2) of this act from the fees from the price discount program created in section 3 of this act must be deposited into the account. Expenditures from the account may be used only for the purposes of section 3 of this act. Only the administrator or the administrator's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
NEW SECTION. Sec. 5. A new section is added to chapter 41.05 RCW to read as follows:
(1) The administrator shall establish and advertise a pharmacy connection program through which health care providers and members of the public can obtain information about manufacturer-sponsored prescription drug assistance programs. The administrator shall ensure that the program has staff available who can assist persons in procuring free or discounted medications from manufacturer-sponsored prescription drug assistance programs by:
(a) Determining whether an assistance program is offered for the needed drug or drugs;
(b) Evaluating the likelihood of a person obtaining drugs from an assistance program under the guidelines formulated;
(c) Assisting persons with the application and enrollment in an assistance program;
(d) Coordinating and assisting physicians and others authorized to prescribe medications with communications, including applications, made on behalf of a person to a participating manufacturer to obtain approval of the person in an assistance program; and
(e) Working with participating manufacturers to simplify the system whereby eligible persons access drug assistance programs, including development of a single application form and uniform enrollment process.
(2) Notice regarding the pharmacy connection program shall initially target senior citizens, but the program shall be available to anyone, and shall include a toll-free telephone number, available during regular business hours, that may be used to obtain information.
(3) The administrator may apply for and accept grants or gifts and may enter into interagency agreements or contracts with other state agencies or private organizations to assist with the implementation of this program including, but not limited to, contracts, gifts, or grants from pharmaceutical manufacturers to assist with the direct costs of the program.
(4) The administrator shall notify pharmaceutical companies doing business in Washington of the pharmacy connection program. Any pharmaceutical company that does business in this state and that offers a pharmaceutical assistance program shall notify the administrator of the existence of the program, the drugs covered by the program, and all information necessary to apply for assistance under the program.
(5) For purposes of this section, "manufacturer-sponsored prescription drug assistance program" means a program offered by a pharmaceutical company through which the company provides a drug or drugs to eligible persons at no charge or at a reduced cost. The term does not include the provision of a drug as part of a clinical trial.
NEW SECTION. Sec. 6 A new section is added to chapter 74.09 RCW to read as follows:
Each of the state's area agencies on aging shall implement a program intended to inform and train persons sixty-five years and older in the safe and appropriate use of prescription and nonprescription medications. To further this purpose, the department shall award a development grant of up to twenty-five thousand dollars to each of the agencies upon a showing that:
(1) The agency has the ability to effectively administer such a program, including an understanding of the relevant issues and appropriate outreach and follow-up;
(2) The agency can bring resources to the program in addition to those funded by the grant; and
(3) The program will be a collaborative effort between the agency and other health care providers and programs in the location to be served, including doctors, pharmacists, and long-term care providers.
NEW SECTION. Sec. 7. A new section is added to chapter 41.05 RCW to read as follows:
The authority may adopt rules to implement this act.
NEW SECTION. Sec. 8. By January 1, 2005, the administrator of the health care authority and the director of the department of social and health services shall submit to the governor and the legislature a progress report regarding the implementation of the programs created in this act.
Representative Pflug spoke in favor of the adoption of the amendment to the committee amendment.
Representative Cody poke against the adoption of the amendment to the committee amendment.
An electronic roll call vote was demanded and the demand was sustained.
The Speaker (Representative Lovick presiding) stated the question before the House to be adoption of amendment (502) the committee amendment to Engrossed Substitute Senate Bill No. 5904.
ROLL CALL
The Clerk called the roll on the adoption of amendment (502) to the committee amendment to Engrossed Substitute Senate Bill No. 5904, and the amendment was not adopted by the following vote: Yeas - 40, Nays - 56, Absent - 0, Excused - 2.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Cairnes, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Hinkle, Holmquist, Jarrett, Kristiansen, Mastin, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Pflug, Roach, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 40.
Voting nay: Representatives Berkey, Blake, Bush, Campbell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pettigrew, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 56.
Excused: Representatives Ericksen and McDonald - 2.
The question before the House was the adoption of the committee amendment as amended.
Representative Cody spoke in favor of the adoption of the committee amendment as amended.
Representative Pflug spoke against the adoption of the committee amendment as amended.
An electronic roll call vote was demanded and the demand was sustained.
The Speaker (Representative Lovick presiding) stated the question before the House to be the adoption of the committee amendment as amended to Engrossed Substitute Senate Bill No. 5904.
ROLL CALL
The Clerk called the roll on the adoption of the committee amendment as amended to Engrossed Substitute Senate Bill No. 5904, and the amendment was adopted by the following vote: Yeas - 61, Nays - 35, Absent - 0, Excused - 2.
Voting yea: Representatives Berkey, Blake, Campbell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 61.
Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Hinkle, Holmquist, Mastin, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pflug, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump and Talcott - 35.
Excused: Representatives Ericksen and McDonald - 2.
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House, was placed on final passage.
Representatives Cody and Schual-Berke spoke in favor of passage of the bill.
Representative Pflug spoke against the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 5904, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5904, as amended by the House, and the bill passed the House by the following vote: Yeas - 63, Nays - 33, Absent - 0, Excused - 2.
Voting yea: Representatives Berkey, Blake, Campbell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Shabro, Simpson, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 63.
Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Hinkle, Holmquist, Mastin, McMahan, McMorris, Mielke, Newhouse, Orcutt, Pflug, Schindler, Schoesler, Sehlin, Skinner, Sump and Talcott - 33.
Excused: Representatives Ericksen and McDonald - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5904, as amended by the House, having received the necessary constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 5891, By Senate Committee on Agriculture (originally sponsored by Senators Swecker and Rasmussen)
Identifying livestock.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Rockefeller, Schoesler and Haigh spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5891.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5891 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 97.
Excused: Representative McDonald - 1.
SUBSTITUTE SENATE BILL NO. 5891, having received the necessary constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5903, By Senate Committee on Children & Family Services & Corrections (originally sponsored by Senators Hargrove, Stevens and Carlson)
Providing additional sentencing alternatives for juvenile offenders.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Appropriations was before the House for purpose of amendments. (For committee amendment, see Journal, 85th Day, April 7, 2003.)
Representative Alexander moved the adoption of amendment (440) to the committee amendment:
On page l, after line 2 of the amendment, insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 72.05 RCW to read as follows:
(1) It is the intent of the legislature that appropriate treatment services be provided to juvenile offenders in order to achieve rehabilitation. The treatment should be provided at either local detention facilities or at state institutions depending upon which facility best meets the needs of the individual juvenile offender. The legislature recognizes that a consequence of the treatment alternatives established under this act is a reduction in the juvenile rehabilitation administration's institutional population. As a result of a decrease in institutional population it may become necessary to consolidate institutional facilities or services.
(2) No juvenile rehabilitation administration institution shall be closed without specific authorization in an act of the legislature.
(3) If a juvenile rehabilitation administration institution is closed by the legislature, the department of corrections shall be prohibited from operating the institution and the institution shall not be used to incarcerate adult offenders."
Renumber remaining sections consecutively and correct internal references accordingly.
Representatives Alexander, Eickmeyer and DeBolt spoke in favor of the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was adopted.
Representative McMahan moved the adoption of amendment (505) to the committee amendment.
On page 20, after line 31 of the amendment, insert the following:
"NEW SECTION. Sec 7. A new section is added to chapter 13.40 RCW to read as follows:
Notwithstanding any other provision of law, a school district may decline to admit a student who has been classified by the Department of Social and Health Services as a level 2 or level 3 sex offender."
Renumber the remaining section accordingly.
Representatives McMahan, Talcott, Pearson, Ahern, Woods and Sump spoke in favor of the adoption of the amendment to the committee amendment.
Representatives Eickmeyer, Dickerson and Lantz spoke against the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was not adopted.
The question before the House was the adoption of the committee amendment as amended.
The committee amendment as amended was adopted.
Amendment (507) was out of order.
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House, was placed on final passage.
Representatives Dickerson and Delvin spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 5903, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5903, as amended by the House, and the bill passed the House by the following vote: Yeas - 93, Nays - 4, Absent - 0, Excused - 1.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hinkle, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 93.
Voting nay: Representatives Blake, Hatfield, Holmquist and Sump - 4.
Excused: Representative McDonald - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5903, as amended by the House, having received the necessary constitutional majority, was declared passed.
I intended to vote NAY on ENGROSSED SUBSTITUTE SENATE BILL NO. 5903.
RICHARD DEBOLT, 20th District
ENGROSSED SENATE BILL NO. 5991, By Senators Stevens, Hargrove, Parlette, Regala, Carlson, McAuliffe and Winsley
Changing minimum requirements for the existing secure community transition facility.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Appropriations was adopted. (For committee amendment, see Journal, 102nd Day, April 24, 2003.)
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House, was placed on final passage.
Representatives Kagi, O'Brien and Sommers spoke in favor of passage of the bill.
Representative Campbell, Carrell, Bush, Conway, McMahan, Mielke and Kirby spoke against the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Senate Bill No. 5991, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5991, as amended by the House, and the bill passed the House by the following vote: Yeas - 60, Nays - 37, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Bailey, Benson, Berkey, Blake, Chase, Clements, Clibborn, Cody, Cooper, Cox, DeBolt, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, McMorris, Moeller, Morris, Murray, O'Brien, Pearson, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sullivan, Veloria, Wallace, Wood and Mr. Speaker - 60.
Voting nay: Representatives Ahern, Anderson, Armstrong, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Condotta, Conway, Crouse, Darneille, Delvin, Edwards, Hinkle, Holmquist, Kirby, Mastin, McMahan, Mielke, Miloscia, Morrell, Newhouse, Nixon, Orcutt, Pflug, Priest, Roach, Schindler, Shabro, Sump, Talcott, Tom, Upthegrove and Woods - 37.
Excused: Representative McDonald - 1.
ENGROSSED SENATE BILL NO. 5991, as amended by the House, having received the necessary constitutional majority, was declared passed.
SENATE BILL NO. 6057, By Senators Parlette and Rossi; by request of Office of Financial Management
Revising basic health care plan enrollment provisions.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Cody and Sehlin spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 6057.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6057 and the bill passed the House by the following vote: Yeas - 92, Nays - 5, Absent - 0, Excused - 1.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Wallace, Wood and Woods - 92.
Voting nay: Representatives Cooper, McDermott, Simpson, Veloria and Mr. Speaker - 5.
Excused: Representative McDonald - 1.
SENATE BILL NO. 6057, having received the necessary constitutional majority, was declared passed.
I intended to vote NAY on SENATE BILL NO. 6057.
MARALYN CHASE, 32nd District
SUBSTITUTE SENATE BILL NO. 6073, By Senate Committee on Ways & Means (originally sponsored by Senators Hargrove, Rossi and Doumit)
Authorizing the increase of shellfish license fees.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Sump and Cooper spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 6073.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6073 and the bill passed the House by the following vote: Yeas - 79, Nays - 18, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Anderson, Bailey, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Conway, Cooper, Cox, Darneille, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, O'Brien, Pearson, Pettigrew, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 79.
Voting nay: Representatives Ahern, Armstrong, Benson, Carrell, Condotta, Crouse, DeBolt, Ericksen, Holmquist, Kristiansen, Mastin, Mielke, Nixon, Orcutt, Pflug, Roach, Schindler and Woods - 18.
Excused: Representative McDonald - 1.
SUBSTITUTE SENATE BILL NO. 6073, having received the necessary constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5990, By Senate Committee on Children & Family Services & Corrections (originally sponsored by Senators Hargrove, Stevens, McAuliffe, Carlson, Regala, Parlette, Rasmussen and Winsley)
Changing times and supervision standards for release of offenders.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Appropriations was before the House for purpose of amendments. (For committee amendment, see Journal, 102nd Day, April 24, 2003.)
Representative Carrell moved the adoption of amendment (501 ) to the committee amendment:
On page 7, line 17 of the amendment, after "section." insert:
"(4) at a minimum, the department shall supervise an offender required to be supervised under subsection (2) of this section in the same manner in which the department supervises offenders classified in the third highest risk category. Nothing in this subsection prohibits the department from supervising such an offender in the same manner in which the department supervises offenders classified in the second highest or highest risk category."
Renumber the remaining subsection consecutively.
Representative Carrell spoke in favor of the adoption of the amendment to the committee amendment.
Representative O'Brien spoke against the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was not adopted.
The committee amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House, was placed on final passage.
Representatives O'Brien, Kagi and Sehlin spoke in favor of passage of the bill.
Representative Carrell and Mielke spoke against the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 5990, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5990, as amended by the House, and the bill passed the House by the following vote: Yeas - 84, Nays - 13, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Buck, Bush, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McIntire, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 84.
Voting nay: Representatives Ahern, Boldt, Cairnes, Campbell, Carrell, Conway, Kirby, McMahan, Mielke, Orcutt, Schindler, Schoesler and Talcott - 13.
Excused: Representative McDonald - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5990, as amended by the House, having received the necessary constitutional majority, was declared passed.
RESOLUTIONS
HOUSE RESOLUTION NO. 2003-4660, By Representatives Schoesler and Cox
WHEREAS, The mighty Lind-Ritzville Lady Broncos basketball team defeated the St. George's Lady Dragons to win the State B Girls Basketball Championship; and
WHEREAS, The Lind-Ritzville Lady Broncos basketball team overcame the St. George's Lady Dragons with dazzling speed and skill and triumphed with a 58-55 hard-fought win; and
WHEREAS, Led by Coaches Randy Heidenreich and Lori Olson, the Lind-Ritzville Lady Broncos basketball team closed out their season with an amazing perfect record of 28 wins and 0 losses; and
WHEREAS, Team members Mikaela Schmunk, Destry Killian, Jessica Heidenreich, Lisa Sackmann, Tiffany Starring, Crystal Zicha, Heather Whitman, Brittney Kubik, Danielle Lynch, Michaela Jezdikova, Vanessa Bailey, and Liz Biermann provided the ability, teamwork, discipline, and attitude that made them true champions; and
WHEREAS, Coach Heidenreich recognized the outstanding year enjoyed by the Lind-Ritzville Lady Broncos basketball team and all the team's supporters by saying, "What a great basketball game! The caliber of play by both teams was excellent. Our girls deserve this. It's been a special year. Winning the championship is incredible, but going undefeated adds to it."; and
WHEREAS, Managers Marcy Heidenreich, Chelsey Heidenreich, Brooke Pichette, Jillian Pflugrath, Krista Heide, and Sierra Langenheder provided much needed assistance to the coaches and team members; and
WHEREAS, Cheerleaders Kelsey Gardner, Natalie Greenwalt, Kayla Katsel, Ana Maier, Tiffanie Smith, and Samantha Strohmaier provided much needed enthusiasm and school spirit for the team members and fans; and
WHEREAS, The whole Lind-Ritzville communities, students, faculty, and families helped contribute to the success of the Lind-Ritzville Lady Broncos basketball team by giving their whole-hearted support to the team members and coaches and cheering them on to victory; and
WHEREAS, Lind-Ritzville communities are tremendously proud of their Lady Broncos and join together in congratulating them on their winning season and state championship;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington applaud the Lind-Ritzville Lady Broncos for their wonderful victory in the State B Girls Basketball Championship; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the State B Girls Basketball Championship coaches, team members, and the school administrators.
HOUSE RESOLUTION NO. 4660 was adopted.
HOUSE RESOLUTION NO.2003-4661, by Representatives Kenney, Fromhold, Cox, Berkey, Chase, McCoy, Jarrett, Gombosky, Morrell, Lantz, Priest, Buck, Clements, Boldt, Condotta, Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Bush, Cairnes, Campbell, Carrell, Chandler, Chopp, Clibborn, Cody, Conway, Cooper, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Kagi, Kessler, Kirby, Kristiansen, Linville, Lovick, Mastin, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood and Woods
WHEREAS, The students selected for special recognition as Washington Scholars in 2003 have distinguished themselves as exceptional students, student leaders, and as talented and enthusiastic participants in many diverse activities including art, debate, drama, honor societies, interscholastic sports, Junior Achievement, knowledge competitions, music, and student government; and
WHEREAS, These exemplary students have also contributed to the welfare of those less fortunate in their neighborhoods through volunteer efforts with community service organizations such as the United Way, Special Olympics, March of Dimes, Big Brothers, Big Sisters, community food drives, senior centers, scouting, and church groups; and
WHEREAS, The state of Washington benefits greatly from the accomplishments of these caring and gifted individuals, not only in their roles as students, but also as citizens, role models for other young people, and future leaders of our communities and our state; and
WHEREAS, Through the Washington Scholars Program, the Governor, the Legislature, and the state's citizens have an opportunity to recognize and honor three outstanding seniors from each of the state's forty-nine legislative districts for the students' exceptional academic achievements, leadership abilities, and contributions to their communities;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives honor and congratulate the Washington Scholars for their hard work, dedication, contributions, and maturity in achieving this significant accomplishment; and
BE IT FURTHER RESOLVED, That the families of these students be commended for the encouragement and support they have provided to the scholars; and
BE IT FURTHER RESOLVED, That the principals, teachers, and classmates of these highly esteemed students be recognized for the important part they played in helping the scholars to learn, contribute, lead, and excel; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to each of the Washington Scholars selected in 2003.
HOUSE RESOLUTION NO. 4661 was adopted.
SENATE AMENDMENTS TO HOUSE BILL
April 17, 2003
Mr. Speaker:
The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2195, with the following amendments:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The superintendent of public instruction shall report to the governor, the state board of education, and the house of representatives and senate education committees on:
(a) The review, prioritization, and identification of the essential academic learning requirements and grade level content expectations in accordance with the following timelines:
(i) In the content areas of reading, writing, math, and science by November 1, 2004;
(ii) In the content area of social studies by November 1, 2005;
(iii) In the content area of the arts by November 1, 2006; and
(iv) In the content area of health and fitness by November 1, 2007; and
(b) Subject to available funding, the results of independent research on the alignment and technical review of the reading, writing, and science content areas of the Washington assessment of student learning for fourth and seventh grades and for high school. The review shall be comparable to the research conducted on the mathematics assessments.
(2) By November 30, 2004, the superintendent of public instruction shall report to the governor, the state board of education, and the house of representatives and senate education committees on the feasibility of returning the results of the Washington assessment of student learning, including individual student performance information, to schools, teachers, and parents in the same school year in which the assessment is administered. Subject to available funding, beginning no later than 2006, the results of the math component of the spring administration of the high school Washington assessment of student learning shall be available to students, parents, and schools before June 1st of each year.
(3) By November 30, 2006, subject to available funding, the academic achievement and accountability commission shall report to the governor, the superintendent of public instruction, the state board of education, and the house of representatives and senate education committees on the results of its review of the student performance scores needed to meet all grade level content standards on the Washington assessment of student learning. In its report, the commission shall include a schedule for the regular review and adjustment of the student performance scores. If the commission makes any change or adjustment to the student performance standards, then the changes shall not be implemented until after the conclusion of the subsequent legislative session, providing an opportunity for the legislature to take action if any action is deemed warranted by the legislature.
Sec. 2. RCW 28A.655.070 and 1999 c 388 s 501 are each amended to read as follows:
(1) The superintendent of public instruction shall develop essential academic learning requirements that identify the knowledge and skills all public school students need to know and be able to do based on the student learning goals in RCW 28A.150.210, develop student assessments, and implement the accountability recommendations and requests regarding assistance, rewards, and recognition of the academic achievement and accountability commission.
(2) The superintendent of public instruction shall:
(a) Periodically revise the essential academic learning requirements, as needed, based on the student learning goals in RCW 28A.150.210. Goals one and two shall be considered primary. To the maximum extent possible, the superintendent shall integrate goal four and the knowledge and skill areas in the other goals in the essential academic learning requirements; and
(b) Review and prioritize the essential academic learning requirements and identify, with clear and concise descriptions, the grade level content expectations to be assessed on the Washington assessment of student learning and used for state or federal accountability purposes. The review, prioritization, and identification shall result in more focus and targeting with an emphasis on depth over breadth in the number of grade level content expectations assessed at each grade level. Grade level content expectations shall be articulated over the grades as a sequence of expectations and performances that are logical, build with increasing depth after foundational knowledge and skills are acquired, and reflect, where appropriate, the sequential nature of the discipline.
(3) In consultation with the academic achievement and accountability commission, the superintendent of public instruction shall maintain and continue to develop and revise a statewide academic assessment system in the content areas of reading, writing, mathematics, and science for use in the elementary, middle, and high school years designed to determine if each student has mastered the essential academic learning requirements identified in subsection (1) of this section. The academic assessment system shall include a variety of assessment methods, including criterion-referenced and performance- based measures.
(4) If the superintendent proposes any modification to the essential academic learning requirements or the statewide assessments, then the superintendent shall, upon request, provide opportunities for the education committees of the house of representatives and the senate to review the proposed modifications to the essential academic learning requirements before the modifications are adopted.
(5)(a) The assessment system shall be designed so that the results under the assessment system are used by educators as tools to evaluate instructional practices, and to initiate appropriate educational support for students who have not mastered the essential academic learning requirements at the appropriate periods in the student's educational development.
(((5))) (b) Assessments measuring the essential academic learning requirements in the content areas of reading, writing, mathematics, and science shall be available for voluntary use by school districts and shall be required to be administered by school districts according to the following schedule unless the legislature takes action to delay or prevent implementation of the assessment system and essential academic learning requirements.
|
Assessments available for voluntary use (School years) |
Assessments required to be administered (School years) |
Reading, Writing, Mathematics |
||
- Elementary school |
1996-97 |
1997-98 |
- Middle school |
1997-98 |
2000-01 |
- High school |
1998-99 |
2000-01 |
Science |
||
- High school |
2002-03 |
2003-04 |
- Middle school |
2002-03 |
2003-04 |
- Elementary school |
2003-04 |
2004-05 |
(c) By the 2005-06 school year, the superintendent of public instruction shall develop high school level assessments for the content area of social studies. The assessments shall be designed to be classroom or project-based so that they can be administered by school staff and scored at the school level. Once the assessments are developed school districts shall administer the social studies assessments and shall report the student scores to the superintendent of public instruction.
(d)The superintendent of public instruction shall post on the website of the office of the superintendent model classroom-based assessments for the content areas of arts, and health and fitness that may be used by school districts. If a school district uses any of the models on the website, the district shall report such use to the office of the superintendent of public instruction.
(6) By September 2006, the results for reading and mathematics shall be reported in a format that will allow parents and teachers to determine the academic gain a student has acquired in those content areas from one school year to the next.
(7) In order to assist parents and teachers in their efforts to provide educational support to individual students, the superintendent of public instruction shall provide as much individual student performance information as possible within the constraints of the assessment system's item bank. The superintendent shall also provide to school districts information on classroom-based and other assessments that may provide additional achievement information for individual students.
(8) To the maximum extent possible, the superintendent shall integrate knowledge and skill areas in development of the assessments.
(((6))) (9) Assessments for goals three and four of RCW 28A.150.210 shall be integrated in the essential academic learning requirements and assessments for goals one and two.
(((7))) (10) The superintendent shall develop assessments that are directly related to the essential academic learning requirements, and are not biased toward persons with different learning styles, racial or ethnic backgrounds, or on the basis of gender.
(((8))) (11) The superintendent shall consider methods to address the unique needs of special education students when developing the assessments under this section.
(((9))) (12) The superintendent shall consider methods to address the unique needs of highly capable students when developing the assessments under this section.
NEW SECTION. Sec. 3. A new section is added to chapter 28A.655 RCW to read as follows:
Successful completion of the high school assessment developed under RCW 28A.655.070 and administered statewide shall lead to a certificate of mastery. The certificate of mastery shall be obtained by most students at about the age of sixteen, and is evidence that the student has successfully mastered the essential academic learning requirements during his or her educational career. The certificate of mastery shall be required for graduation but shall not be the only requirement for graduation.
NEW SECTION. Sec. 4. RCW 28A.655.060 (Essential academic learning requirements--Statewide academic assessment system--Certificate of mastery--Educational pathways--Accountability--Reports and recommendations--Washington commission on student learning, creation and expiration) and 2001 2nd sp.s. c 20 s 1, 1999 c 373 s 501, 1998 c 225 s 1, & 1997 c 268 s 1 are each repealed."
On page 1, line 1 of the title, after "standards;" strike the remainder of the title and insert "amending RCW 28A.655.070; adding a new section to chapter 28A.655 RCW; creating a new section; and repealing RCW 28A.655.060."
Renumber the sections consecutively and correct any internal references accordingly.
and the same is herewith transmitted.
Milt H. Doumit, Secretary
There being no objection, the House refused to concur in the Senate amendment to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2195 and asked the Senate to recede therefrom.
SECOND READING
ENGROSSED SUBSTITUTE SENATE BILL NO. 5448, By Senate Committee on Higher Education (originally sponsored by Senators Carlson, Kohl-Welles, Mulliken, Horn, Brown and Schmidt; by request of Governor Locke)
Changing tuition provisions for institutions of higher education.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Higher Education was not adopted. (For committee amendment, see Journal, 82nd Day, April 4, 2003.)
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
With the consent of the House, Rule 13(c) was suspended.
Representatives Kenney, Jarrett, Morris, Anderson, McIntire, O'Brien, Mastin and Ruderman spoke in favor of passage of the bill.
Representative Eickmeyer, Simpson, Upthegrove, Orcutt, Hudgins and Conway spoke against the passage of the bill.
Representative Delvin demanded the previous question.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 5448.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5448 and the bill passed the House by the following vote: Yeas - 60, Nays - 37, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Anderson, Bailey, Berkey, Cairnes, Carrell, Chandler, Clibborn, Cody, Condotta, Crouse, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hinkle, Hunt, Hunter, Jarrett, Kenney, Kessler, Kristiansen, Lantz, Lovick, Mastin, McIntire, McMahan, McMorris, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Pearson, Pflug, Priest, Rockefeller, Ruderman, Santos, Schindler, Sehlin, Shabro, Sommers, Sump, Talcott, Tom, Wallace, Wood, Woods and Mr. Speaker - 60.
Voting nay: Representatives Ahern, Armstrong, Benson, Blake, Boldt, Buck, Bush, Campbell, Chase, Clements, Conway, Cooper, Cox, Darneille, Eickmeyer, Hatfield, Holmquist, Hudgins, Kagi, Kirby, Linville, McCoy, McDermott, Mielke, Miloscia, Orcutt, Pettigrew, Quall, Roach, Romero, Schoesler, Schual-Berke, Simpson, Skinner, Sullivan, Upthegrove and Veloria - 37.
Excused: Representative McDonald - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5448, having received the necessary constitutional majority, was declared passed.
SENATE BILL NO. 5783, By Senators Finkbeiner and Regala; by request of Department of Revenue
Implementing the streamlined sales and use tax agreement.
The bill was read the second time.
Representative Gombosky moved the adoption of amendment (503):
On page 48, line 19, strike "301 through 305,"
On page 48, line 20, after "2004." insert "Sections 301 through 305 of this act take effect January 1, 2004."
Correct the title.
Representatives Gombosky and Cairnes spoke in favor of the adoption of the amendment.
The amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House, was placed on final passage.
Representatives Gombosky, McIntire and Cairnes spoke in favor of passage of the bill.
Representative Bush spoke against the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 5783 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5783, as amended by the House, and the bill passed the House by the following vote: Yeas - 83, Nays - 14, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Anderson, Armstrong, Bailey, Berkey, Blake, Boldt, Buck, Cairnes, Chandler, Chase, Clements, Clibborn, Cody, Conway, Cooper, Cox, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 83.
Voting nay: Representatives Ahern, Benson, Bush, Campbell, Carrell, Condotta, Crouse, Holmquist, Kirby, Mastin, Mielke, Roach, Schindler and Talcott - 14.
Excused: Representative McDonald - 1.
SENATE BILL NO. 5783, as amended by the House, having received the necessary constitutional majority, was declared passed.
I intended to vote NAY on SENATE BILL NO. 5783.
ROGER BUSH, 2nd District
I intended to vote YEA on SENATE BILL NO. 5783.
MIKE CARRELL, 28th District
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 25, 2003, the 103rd Day of the Regular Session.
FRANK CHOPP, Speaker CYNTHIA ZEHNDER, Chief Clerk