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FIFTY EIGHTH LEGISLATURE - REGULAR SESSION
___________________________________________________________________________________________
ONE HUNDRED THIRD DAY
___________________________________________________________________________________________
House Chamber, Olympia, Friday, April 25, 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 Sarah Thomas and Lindsey Habersetzer. The Speaker (Representative Lovick presiding) led the Chamber in the Pledge of Allegiance. Prayer was offered by Representative Ed Orcutt.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
INTRODUCTION & FIRST READING
HB 2276 by Representatives Upthegrove, Schual-Berke, Sommers, Sullivan, Veloria, Hudgins, Romero, Chase, Dunshee, McIntire, McDermott, Hunt, Santos, Cody, Simpson, O'Brien, Kenney, Dickerson, Quall and Haigh
AN ACT Relating to establishing aviation mitigation zones for large regional airports; adding a new section to chapter 36.70A RCW; adding a new section to chapter 84.08 RCW; adding a new section to chapter 84.36 RCW; adding a new section to chapter 84.55 RCW; adding a new section to chapter 43.79 RCW; creating new sections; and declaring an emergency.
Referred to Committee on Local Government.
HB 2277 by Representatives Newhouse, Moeller and McMahan
AN ACT Relating to replevin; amending RCW 7.64.020, 7.64.035, and 7.64.045; and prescribing penalties.
Referred to Committee on Judiciary.
HJM 4028 by Representatives Schual-Berke, Ruderman, Kagi, Dickerson, Kenney, McDermott, Darneille, Pettigrew, Miloscia, Haigh, Chase, Edwards, Morrell, Conway, Clibborn, Fromhold and O'Brien
Requesting that funds be promptly disbursed to Holocaust survivors.
Referred to Committee on Financial Institutions & Insurance.
There being no objection, the bills and memorial listed on the day's introduction sheet under the fourth order of business were referred to the committees so designated.
The Speaker assumed the chair.
SIGNED BY THE SPEAKER
The Speaker signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1001,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1002,
SECOND SUBSTITUTE HOUSE BILL NO. 1003,
SUBSTITUTE HOUSE BILL NO. 1028,
ENGROSSED HOUSE BILL NO. 1037,
SUBSTITUTE HOUSE BILL NO. 1057,
SUBSTITUTE HOUSE BILL NO. 1061,
SUBSTITUTE HOUSE BILL NO. 1081,
ENGROSSED HOUSE BILL NO. 1090,
SUBSTITUTE HOUSE BILL NO. 1153,
SUBSTITUTE HOUSE BILL NO. 1175,
SUBSTITUTE HOUSE BILL NO. 1211,
SUBSTITUTE HOUSE BILL NO. 1213,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1218,
SUBSTITUTE HOUSE BILL NO. 1219,
SUBSTITUTE HOUSE BILL NO. 1222,
SUBSTITUTE HOUSE BILL NO. 1232,
SECOND SUBSTITUTE HOUSE BILL NO. 1240,
ENGROSSED HOUSE BILL NO. 1252,
SUBSTITUTE HOUSE BILL NO. 1275,
SUBSTITUTE HOUSE BILL NO. 1278,
SUBSTITUTE HOUSE BILL NO. 1291,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1299,
SUBSTITUTE HOUSE BILL NO. 1380,
ENGROSSED HOUSE BILL NO. 1388,
ENGROSSED HOUSE BILL NO. 1395,
ENGROSSED HOUSE BILL NO. 1427,
SUBSTITUTE HOUSE BILL NO. 1442,
SUBSTITUTE HOUSE BILL NO. 1455,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1463,
SUBSTITUTE HOUSE BILL NO. 1470,
SUBSTITUTE HOUSE BILL NO. 1494,
SUBSTITUTE HOUSE BILL NO. 1495,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1509,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1524,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1530,
SUBSTITUTE HOUSE BILL NO. 1634,
SUBSTITUTE HOUSE BILL NO. 1655,
SUBSTITUTE HOUSE BILL NO. 1675,
SUBSTITUTE HOUSE BILL NO. 1694,
SUBSTITUTE HOUSE BILL NO. 1707,
SUBSTITUTE HOUSE BILL NO. 1721,
SECOND SUBSTITUTE HOUSE BILL NO. 1725,
SUBSTITUTE HOUSE BILL NO. 1734,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1754,
SUBSTITUTE HOUSE BILL NO. 1755,
SECOND SUBSTITUTE HOUSE BILL NO. 1784,
SUBSTITUTE HOUSE BILL NO. 1785,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1787,
SUBSTITUTE HOUSE BILL NO. 1826,
SUBSTITUTE HOUSE BILL NO. 1837,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1844,
SUBSTITUTE HOUSE BILL NO. 1849,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1852,
SUBSTITUTE HOUSE BILL NO. 1943,
SUBSTITUTE HOUSE BILL NO. 2033,
SUBSTITUTE HOUSE BILL NO. 2038,
SUBSTITUTE HOUSE BILL NO. 2040,
ENGROSSED HOUSE BILL NO. 2067,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2088,
SUBSTITUTE HOUSE BILL NO. 2094,
SUBSTITUTE HOUSE BILL NO. 2118,
SUBSTITUTE HOUSE BILL NO. 2132,
ENGROSSED HOUSE BILL NO. 2146,
SUBSTITUTE HOUSE BILL NO. 2196,
SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4004,
HOUSE JOINT MEMORIAL NO. 4012,
HOUSE JOINT RESOLUTION NO. 4206,
SUBSTITUTE SENATE BILL NO. 5006,
ENGROSSED SENATE BILL NO. 5014,
SUBSTITUTE SENATE BILL NO. 5051,
SUBSTITUTE SENATE BILL NO. 5062,
SECOND SUBSTITUTE SENATE BILL NO. 5074,
SUBSTITUTE SENATE BILL NO. 5105,
SUBSTITUTE SENATE BILL NO. 5120,
SUBSTITUTE SENATE BILL NO. 5133,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5135,
SUBSTITUTE SENATE BILL NO. 5144,
SUBSTITUTE SENATE BILL NO. 5189,
SUBSTITUTE SENATE BILL NO. 5204,
ENGROSSED SENATE BILL NO. 5210,
SUBSTITUTE SENATE BILL NO. 5218,
SUBSTITUTE SENATE BILL NO. 5221,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5223,
SUBSTITUTE SENATE BILL NO. 5226,
SUBSTITUTE SENATE BILL NO. 5236,
SUBSTITUTE SENATE BILL NO. 5237,
ENGROSSED SENATE BILL NO. 5245,
SUBSTITUTE SENATE BILL NO. 5248,
ENGROSSED SENATE BILL NO. 5256,
SUBSTITUTE SENATE BILL NO. 5274,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5299,
SUBSTITUTE SENATE BILL NO. 5305,
SUBSTITUTE SENATE BILL NO. 5327,
SUBSTITUTE SENATE BILL NO. 5335,
ENGROSSED SENATE BILL NO. 5343,
SUBSTITUTE SENATE BILL NO. 5358,
ENGROSSED SENATE BILL NO. 5379,
SUBSTITUTE SENATE BILL NO. 5396,
SUBSTITUTE SENATE BILL NO. 5407,
SUBSTITUTE SENATE BILL NO. 5409,
SUBSTITUTE SENATE BILL NO. 5434,
SUBSTITUTE SENATE BILL NO. 5457,
SUBSTITUTE SENATE BILL NO. 5473,
SUBSTITUTE SENATE BILL NO. 5509,
SUBSTITUTE SENATE BILL NO. 5575,
SUBSTITUTE SENATE BILL NO. 5579,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5586,
SUBSTITUTE SENATE BILL NO. 5592,
SUBSTITUTE SENATE BILL NO. 5596,
SUBSTITUTE SENATE BILL NO. 5600,
SUBSTITUTE SENATE BILL NO. 5601,
SUBSTITUTE SENATE BILL NO. 5602,
SUBSTITUTE SENATE BILL NO. 5616,
SUBSTITUTE SENATE BILL NO. 5641,
SECOND SUBSTITUTE SENATE BILL NO. 5694,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5713,
SUBSTITUTE SENATE BILL NO. 5716,
SUBSTITUTE SENATE BILL NO. 5737,
SUBSTITUTE SENATE BILL NO. 5749,
SUBSTITUTE SENATE BILL NO. 5751,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5766,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5779,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5785,
SUBSTITUTE SENATE BILL NO. 5786,
SUBSTITUTE SENATE BILL NO. 5787,
SUBSTITUTE SENATE BILL NO. 5811,
SUBSTITUTE SENATE BILL NO. 5824,
SUBSTITUTE SENATE BILL NO. 5829,
SUBSTITUTE SENATE BILL NO. 5868,
SECOND SUBSTITUTE SENATE BILL NO. 5890,
SUBSTITUTE SENATE BILL NO. 5912,
SUBSTITUTE SENATE BILL NO. 5933,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5942,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5977,
SUBSTITUTE SENATE BILL NO. 5995,
SUBSTITUTE SENATE BILL NO. 5996,
SENATE JOINT MEMORIAL NO. 8000,
SUBSTITUTE SENATE JOINT MEMORIAL NO. 8002,
SENATE JOINT MEMORIAL NO. 8003,
SENATE JOINT MEMORIAL NO. 8012,
SENATE JOINT MEMORIAL NO. 8015,
The Speaker called upon Representative Lovick to preside.
MESSAGE FROM THE SENATE
April 25, 2003
Mr. Speaker:
The President has signed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5448,
SUBSTITUTE SENATE BILL NO. 5891,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6023,
SUBSTITUTE SENATE BILL NO. 6073,
and the same are herewith transmitted.
Milt H. Doumit, Secretary
RESOLUTION
HOUSE RESOLUTION NO.2003-4662, by Representatives Chase, Santos and McCoy
WHEREAS, The Wenatchi Tribe was one of the four tribes led by Chief Moses to the Colville Reservation; and
WHEREAS, The Wenatchis were party to the 1855 Walla Walla Treaty which guaranteed the tribe fishing, hunting, and gathering rights; and
WHEREAS, Article 10 of the 1855 Treaty authorized a reservation of approximately 20,000 acres for the Wenatchis near the mouth of the Icicle River; and
WHEREAS, The United States Senate ratified the treaty on March 8, 1859; and
WHEREAS, Today the Wenatchi Tribe is one of the twelve aboriginal tribes of the Colville Confederated Tribes on the Colville Indian Reservation located in the state of Washington; and
WHEREAS, The Colville Confederated Tribes have been widely recognized for their stewardship of forest lands; and
WHEREAS, The Wenatchi Tribe has worked tirelessly with other local governments to improve the quality of life and the economic vitality of the Colville area; and
WHEREAS, The tribal government has contributed tens of thousands of dollars for charities, disasters, and other emergencies throughout the region; and
WHEREAS, When the state couldn't afford to operate the Colville Fish Hatchery in 1998 and 1999, the Colville Tribes paid to keep it open; and
WHEREAS, Wenatchi leaders have worked throughout the twentieth century for recognition of their rights and reservation;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives hereby honor the Wenatchi Tribe for their stewardship of the land, their dedication to their heritage, and their tireless efforts to preserve their history and their culture.
HOUSE FLOOR RESOLUTION NO. 4662 was adopted.
SENATE AMENDMENTS TO HOUSE BILL
April 14, 2003
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 1464, with the following amendments(s)
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 43.20A RCW to read as follows:
The secretary shall designate a person within each of the department's administrative regions to serve as a liaison for community-based and faith-based social services organizations. The liaison shall be available to such organizations to:
(1) Provide information to community-based and faith-based social services organizations that relates to opportunities for the organizations to cooperate with the department in providing community services throughout the state;
(2) Identify areas of need that are not currently being met in the state in which community-based and faith-based social services organizations may provide needed services;
(3) Coordinate efforts to promote involvement of community-based and faith-based social services organizations to provide community services throughout the state."
On page 1, line 2 of the title, after "organizations;" strike the remainder of the title and insert "and adding a new section to chapter 43.20A RCW."
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. 1464 and asked the Senate to recede therefrom.
MESSAGE FROM THE SENATE
April 23, 2003
Mr. Speaker:
The Senate refuses to concur in the House amendment to SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8401 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 CONCURRENT RESOLUTION NO. 8401 and asked the Senate to concur therein.
SENATE AMENDMENTS TO HOUSE BILL
April 9, 2003
Mr. Speaker:
The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1933, with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The legislature finds that the final decision and order in Everett Shorelines Coalition v. City of Everett and Washington State Department Of Ecology, Case No. 02-3-0009c, issued on January 9, 2003, by the central Puget Sound growth management hearings board was a case of first impression interpreting the addition of the shoreline management act into the growth management act, and that the board considered the appeal and issued its final order and decision without the benefit of shorelines guidelines to provide guidance on the implementation of the shoreline management act and the adoption of shoreline master programs.
(2) This act is intended to affirm the legislature's intent that:
(a) The shoreline management act be read, interpreted, applied, and implemented as a whole consistent with decisions of the shoreline hearings board and Washington courts prior to the decision of the central Puget Sound growth management hearings board in Everett Shorelines Coalition v. City of Everett and Washington State Department of Ecology;
(b) The goals of the growth management act, including the goals and policies of the shoreline management act, set forth in RCW 36.70A.020 and included in RCW 36.70A.020 by RCW 36.70A.480, continue to be listed without an order of priority; and
(c) Shorelines of statewide significance may include critical areas as defined by RCW 36.70A.030(5), but that shorelines of statewide significance are not critical areas simply because they are shorelines of statewide significance.
(3) The legislature intends that critical areas within the jurisdiction of the shoreline management act shall be governed by the shoreline management act and that critical areas outside the jurisdiction of the shoreline management act shall be governed by the growth management act. The legislature further intends that the quality of information currently required by the shoreline management act to be applied to the protection of critical areas within shorelines of the state shall not be limited or changed by the provisions of the growth management act.
Sec. 2. RCW 90.58.030 and 2002 c 230 s 2 are each amended to read as follows:
As used in this chapter, unless the context otherwise requires, the following definitions and concepts apply:
(1) Administration:
(a) "Department" means the department of ecology;
(b) "Director" means the director of the department of ecology;
(c) "Local government" means any county, incorporated city, or town which contains within its boundaries any lands or waters subject to this chapter;
(d) "Person" means an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of the state or local governmental unit however designated;
(e) "Hearing board" means the shoreline hearings board established by this chapter.
(2) Geographical:
(a) "Extreme low tide" means the lowest line on the land reached by a receding tide;
(b) "Ordinary high water mark" on all lakes, streams, and tidal water is that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the department: PROVIDED, That in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water;
(c) "Shorelines of the state" are the total of all "shorelines" and "shorelines of statewide significance" within the state;
(d) "Shorelines" means all of the water areas of the state, including reservoirs, and their associated shorelands, together with the lands underlying them; except (i) shorelines of statewide significance; (ii) shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such upstream segments; and (iii) shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes;
(e) "Shorelines of statewide significance" means the following shorelines of the state:
(i) The area between the ordinary high water mark and the western boundary of the state from Cape Disappointment on the south to Cape Flattery on the north, including harbors, bays, estuaries, and inlets;
(ii) Those areas of Puget Sound and adjacent salt waters and the Strait of Juan de Fuca between the ordinary high water mark and the line of extreme low tide as follows:
(A) Nisqually Delta--from DeWolf Bight to Tatsolo Point,
(B) Birch Bay--from Point Whitehorn to Birch Point,
(C) Hood Canal--from Tala Point to Foulweather Bluff,
(D) Skagit Bay and adjacent area--from Brown Point to Yokeko Point, and
(E) Padilla Bay--from March Point to William Point;
(iii) Those areas of Puget Sound and the Strait of Juan de Fuca and adjacent salt waters north to the Canadian line and lying seaward from the line of extreme low tide;
(iv) Those lakes, whether natural, artificial, or a combination thereof, with a surface acreage of one thousand acres or more measured at the ordinary high water mark;
(v) Those natural rivers or segments thereof as follows:
(A) Any west of the crest of the Cascade range downstream of a point where the mean annual flow is measured at one thousand cubic feet per second or more,
(B) Any east of the crest of the Cascade range downstream of a point where the annual flow is measured at two hundred cubic feet per second or more, or those portions of rivers east of the crest of the Cascade range downstream from the first three hundred square miles of drainage area, whichever is longer;
(vi) Those shorelands associated with (i), (ii), (iv), and (v) of this subsection (2)(e);
(f) "Shorelands" or "shoreland areas" means those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways; and all wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of this chapter; the same to be designated as to location by the department of ecology.
(i) Any county or city may determine that portion of a one-hundred- year-flood plain to be included in its master program as long as such portion includes, as a minimum, the floodway and the adjacent land extending landward two hundred feet therefrom.
(ii) Any city or county may also include in its master program land necessary for buffers for critical areas, as defined in chapter 36.70A RCW, that occur within shorelines of the state, provided that forest practices regulated under chapter 76.09 RCW, except conversions to nonforest land use, on lands subject to the provisions of this subsection (2)(f)(ii) are not subject to additional regulations under this chapter;
(g) "Floodway" means those portions of the area of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually, said floodway being identified, under normal condition, by changes in surface soil conditions or changes in types or quality of vegetative ground cover condition. The floodway shall not include those lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state;
(h) "Wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands.
(3) Procedural terms:
(a) "Guidelines" means those standards adopted to implement the policy of this chapter for regulation of use of the shorelines of the state prior to adoption of master programs. Such standards shall also provide criteria to local governments and the department in developing master programs;
(b) "Master program" shall mean the comprehensive use plan for a described area, and the use regulations together with maps, diagrams, charts, or other descriptive material and text, a statement of desired goals, and standards developed in accordance with the policies enunciated in RCW 90.58.020;
(c) "State master program" is the cumulative total of all master programs approved or adopted by the department of ecology;
(d) "Development" means a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to this chapter at any state of water level;
(e) "Substantial development" shall mean any development of which the total cost or fair market value exceeds five thousand dollars, or any development which materially interferes with the normal public use of the water or shorelines of the state. The dollar threshold established in this subsection (3)(e) must be adjusted for inflation by the office of financial management every five years, beginning July 1, 2007, based upon changes in the consumer price index during that time period. "Consumer price index" means, for any calendar year, that year's annual average consumer price index, Seattle, Washington area, for urban wage earners and clerical workers, all items, compiled by the bureau of labor and statistics, United States department of labor. The office of financial management must calculate the new dollar threshold and transmit it to the office of the code reviser for publication in the Washington State Register at least one month before the new dollar threshold is to take effect. The following shall not be considered substantial developments for the purpose of this chapter:
(i) Normal maintenance or repair of existing structures or developments, including damage by accident, fire, or elements;
(ii) Construction of the normal protective bulkhead common to single family residences;
(iii) Emergency construction necessary to protect property from damage by the elements;
(iv) Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on shorelands, and the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities, and irrigation channels. A feedlot of any size, all processing plants, other activities of a commercial nature, alteration of the contour of the shorelands by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations;
(v) Construction or modification of navigational aids such as channel markers and anchor buoys;
(vi) Construction on shorelands by an owner, lessee, or contract purchaser of a single family residence for his own use or for the use of his or her family, which residence does not exceed a height of thirty-five feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof, other than requirements imposed pursuant to this chapter;
(vii) Construction of a dock, including a community dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of single and multiple family residences. This exception applies if either: (A) In salt waters, the fair market value of the dock does not exceed two thousand five hundred dollars; or (B) in fresh waters, the fair market value of the dock does not exceed ten thousand dollars, but if subsequent construction having a fair market value exceeding two thousand five hundred dollars occurs within five years of completion of the prior construction, the subsequent construction shall be considered a substantial development for the purpose of this chapter;
(viii) Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored ground water for the irrigation of lands;
(ix) The marking of property lines or corners on state owned lands, when such marking does not significantly interfere with normal public use of the surface of the water;
(x) Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975, which were created, developed, or utilized primarily as a part of an agricultural drainage or diking system;
(xi) Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under this chapter, if:
(A) The activity does not interfere with the normal public use of the surface waters;
(B) The activity will have no significant adverse impact on the environment including, but not limited to, fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values;
(C) The activity does not involve the installation of a structure, and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity;
(D) A private entity seeking development authorization under this section first posts a performance bond or provides other evidence of financial responsibility to the local jurisdiction to ensure that the site is restored to preexisting conditions; and
(E) The activity is not subject to the permit requirements of RCW 90.58.550;
(xii) The process of removing or controlling an aquatic noxious weed, as defined in RCW 17.26.020, through the use of an herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the department of agriculture or the department jointly with other state agencies under chapter 43.21C RCW.
Sec. 3. RCW 90.58.090 and 1997 c 429 s 50 are each amended to read as follows:
(1) A master program, segment of a master program, or an amendment to a master program shall become effective when approved by the department. Within the time period provided in RCW 90.58.080, each local government shall have submitted a master program, either totally or by segments, for all shorelines of the state within its jurisdiction to the department for review and approval.
(2) Upon receipt of a proposed master program or amendment, the department shall:
(a) Provide notice to and opportunity for written comment by all interested parties of record as a part of the local government review process for the proposal and to all persons, groups, and agencies that have requested in writing notice of proposed master programs or amendments generally or for a specific area, subject matter, or issue. The comment period shall be at least thirty days, unless the department determines that the level of complexity or controversy involved supports a shorter period;
(b) In the department's discretion, conduct a public hearing during the thirty-day comment period in the jurisdiction proposing the master program or amendment;
(c) Within fifteen days after the close of public comment, request the local government to review the issues identified by the public, interested parties, groups, and agencies and provide a written response as to how the proposal addresses the identified issues;
(d) Within thirty days after receipt of the local government response pursuant to (c) of this subsection, make written findings and conclusions regarding the consistency of the proposal with the policy of RCW 90.58.020 and the applicable guidelines, provide a response to the issues identified in (c) of this subsection, and either approve the proposal as submitted, recommend specific changes necessary to make the proposal approvable, or deny approval of the proposal in those instances where no alteration of the proposal appears likely to be consistent with the policy of RCW 90.58.020 and the applicable guidelines. The written findings and conclusions shall be provided to the local government, all interested persons, parties, groups, and agencies of record on the proposal;
(e) If the department recommends changes to the proposed master program or amendment, within thirty days after the department mails the written findings and conclusions to the local government, the local government may:
(i) Agree to the proposed changes. The receipt by the department of the written notice of agreement constitutes final action by the department approving the amendment; or
(ii) Submit an alternative proposal. If, in the opinion of the department, the alternative is consistent with the purpose and intent of the changes originally submitted by the department and with this chapter it shall approve the changes and provide written notice to all recipients of the written findings and conclusions. If the department determines the proposal is not consistent with the purpose and intent of the changes proposed by the department, the department may resubmit the proposal for public and agency review pursuant to this section or reject the proposal.
(3) The department shall approve the segment of a master program relating to shorelines unless it determines that the submitted segments are not consistent with the policy of RCW 90.58.020 and the applicable guidelines.
(4) The department shall approve the segment of a master program relating to critical areas as defined by RCW 36.70A.030(5) provided the master program segment is consistent with RCW 90.58.020 and applicable shoreline guidelines, and if the segment provides a level of protection of critical areas at least equal to that provided by the local government's critical areas ordinances adopted and thereafter amended pursuant to RCW 36.70A.060(2).
(5) The department shall approve those segments of the master program relating to shorelines of statewide significance only after determining the program provides the optimum implementation of the policy of this chapter to satisfy the statewide interest. If the department does not approve a segment of a local government master program relating to a shoreline of statewide significance, the department may develop and by rule adopt an alternative to the local government's proposal.
(((5))) (6) In the event a local government has not complied with the requirements of RCW 90.58.070 it may thereafter upon written notice to the department elect to adopt a master program for the shorelines within its jurisdiction, in which event it shall comply with the provisions established by this chapter for the adoption of a master program for such shorelines.
Upon approval of such master program by the department it shall supersede such master program as may have been adopted by the department for such shorelines.
(((6))) (7) A master program or amendment to a master program takes effect when and in such form as approved or adopted by the department. Shoreline master programs that were adopted by the department prior to July 22, 1995, in accordance with the provisions of this section then in effect, shall be deemed approved by the department in accordance with the provisions of this section that became effective on that date. The department shall maintain a record of each master program, the action taken on any proposal for adoption or amendment of the master program, and any appeal of the department's action. The department's approved document of record constitutes the official master program.
Sec. 4. RCW 90.58.190 and 1995 c 347 s 311 are each amended to read as follows:
(1) The appeal of the department's decision to adopt a master program or amendment pursuant to RCW 90.58.070(2) or 90.58.090(((4))) (5) is governed by RCW 34.05.510 through 34.05.598.
(2)(a) The department's decision to approve, reject, or modify a proposed master program or amendment adopted by a local government planning under RCW 36.70A.040 shall be appealed to the growth management hearings board with jurisdiction over the local government. The appeal shall be initiated by filing a petition as provided in RCW 36.70A.250 through 36.70A.320.
(b) If the appeal to the growth management hearings board concerns shorelines, the growth management hearings board shall review the proposed master program or amendment solely for compliance with the requirements of this chapter ((and chapter 36.70A RCW)), the policy of RCW 90.58.020 and the applicable guidelines, the internal consistency provisions of RCW 36.70A.070, 36.70A.040(4), 35.63.125, and 35A.63.105, and chapter 43.21C RCW as it relates to the adoption of master programs and amendments under chapter 90.58 RCW.
(c) If the appeal to the growth management hearings board concerns a shoreline of statewide significance, the board shall uphold the decision by the department unless the board, by clear and convincing evidence, determines that the decision of the department is inconsistent with the policy of RCW 90.58.020 and the applicable guidelines.
(d) The appellant has the burden of proof in all appeals to the growth management hearings board under this subsection.
(e) Any party aggrieved by a final decision of a growth management hearings board under this subsection may appeal the decision to superior court as provided in RCW 36.70A.300.
(3)(a) The department's decision to approve, reject, or modify a proposed master program or master program amendment by a local government not planning under RCW 36.70A.040 shall be appealed to the shorelines hearings board by filing a petition within thirty days of the date of the department's written notice to the local government of the department's decision to approve, reject, or modify a proposed master program or master program amendment as provided in RCW 90.58.090(2).
(b) In an appeal relating to shorelines, the shorelines hearings board shall review the proposed master program or master program amendment and, after full consideration of the presentations of the local government and the department, shall determine the validity of the local government's master program or amendment in light of the policy of RCW 90.58.020 and the applicable guidelines.
(c) In an appeal relating to shorelines of statewide significance, the shorelines hearings board shall uphold the decision by the department unless the board determines, by clear and convincing evidence that the decision of the department is inconsistent with the policy of RCW 90.58.020 and the applicable guidelines.
(d) Review by the shorelines hearings board shall be considered an adjudicative proceeding under chapter 34.05 RCW, the Administrative Procedure Act. The aggrieved local government shall have the burden of proof in all such reviews.
(e) Whenever possible, the review by the shorelines hearings board shall be heard within the county where the land subject to the proposed master program or master program amendment is primarily located. The department and any local government aggrieved by a final decision of the hearings board may appeal the decision to superior court as provided in chapter 34.05 RCW.
(4) A master program amendment shall become effective after the approval of the department or after the decision of the shorelines hearings board to uphold the master program or master program amendment, provided that the board may remand the master program or master program adjustment to the local government or the department for modification prior to the final adoption of the master program or master program amendment.
Sec. 5. RCW 36.70A.480 and 1995 c 347 s 104 are each amended to read as follows:
(1) For shorelines of the state, the goals and policies of the shoreline management act as set forth in RCW 90.58.020 are added as one of the goals of this chapter as set forth in RCW 36.70A.020 without creating an order of priority among the fourteen goals. The goals and policies of a shoreline master program for a county or city approved under chapter 90.58 RCW shall be considered an element of the county or city's comprehensive plan. All other portions of the shoreline master program for a county or city adopted under chapter 90.58 RCW, including use regulations, shall be considered a part of the county or city's development regulations.
(2) The shoreline master program shall be adopted pursuant to the procedures of chapter 90.58 RCW rather than the goals, policies, and procedures set forth in this chapter for the adoption of a comprehensive plan or development regulations.
(3) The policies, goals, and provisions of chapter 90.58 RCW and applicable guidelines shall be the sole basis for determining compliance of a shoreline master program with this chapter except as the shoreline master program is required to comply with the internal consistency provisions of RCW 36.70A.070, 36.70A.040(4), 35.63.125, and 35A.63.105.
(a) As of the date the department of ecology approves a local government's shoreline master program adopted under applicable shoreline guidelines, the protection of critical areas as defined by RCW 36.70A.030(5) within shorelines of the state shall be accomplished only through the local government's shoreline master program and shall not be subject to the procedural and substantive requirements of this chapter, except as provided in subsection (6) of this section.
(b) Critical areas within shorelines of the state that have been identified as meeting the definition of critical areas as defined by RCW 36.70A.030(5), and that are subject to a shoreline master program adopted under applicable shoreline guidelines shall not be subject to the procedural and substantive requirements of this chapter, except as provided in subsection (6) of this section. Nothing in this act is intended to affect whether or to what extent agricultural activities, as defined in RCW 90.58.065, are subject to chapter 36.70A RCW.
(c) The provisions of RCW 36.70A.172 shall not apply to the adoption or subsequent amendment of a local government's shoreline master program and shall not be used to determine compliance of a local government's shoreline master program with chapter 90.58 RCW and applicable guidelines. Nothing in this section, however, is intended to limit or change the quality of information to be applied in protecting critical areas within shorelines of the state, as required by chapter 90.58 RCW and applicable guidelines.
(4) Shoreline master programs shall provide a level of protection to critical areas located within shorelines of the state that is at least equal to the level of protection provided to critical areas by the local government's critical area ordinances adopted and thereafter amended pursuant to RCW 36.70A.060(2).
(5) Shorelines of the state shall not be considered critical areas under this chapter except to the extent that specific areas located within shorelines of the state qualify for critical area designation based on the definition of critical areas provided by RCW 36.70A.030(5) and have been designated as such by a local government pursuant to RCW 36.70A.060(2).
(6) If a local jurisdiction's master program does not include land necessary for buffers for critical areas that occur within shorelines of the state, as authorized by RCW 90.58.030(2)(f), then the local jurisdiction shall continue to regulate those critical areas and their required buffers pursuant to RCW 36.70A.060(2)."
On page 1, line 2 of the title, after "act;" strike the remainder of the title and insert "amending RCW 90.58.030, 90.58.090, 90.58.190, and 36.70A.480; 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 ENGROSSED SUBSTITUTE HOUSE BILL NO. 1933 and advanced the bill as amended by the Senate to final passage.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
Representatives Romero and Schindler 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. 1933 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1933, as amended by the Senate and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, McDonald, 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 - 98.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1933, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 25, 2003
Mr. Speaker:
The Senate receded from its amendment to SUBSTITUTE HOUSE BILL NO. 1571, and under suspension of the rules returned 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. The legislature finds that there is an urgent need for vigorous enforcement of child support obligations. The legislature further finds that the duty of child support to provide for the needs of dependent children, including their necessary food, clothing, shelter, education, and health care, should not be avoided because of where an obligor resides. A person owing a duty of child support who chooses to engage in behaviors that result in the person becoming incarcerated should not be able to avoid child support obligations.
The legislature also finds the current system of child support collections due from persons confined in state correctional facilities does not facilitate family preservation nor does it promote the best interests of children. Unless otherwise proscribed by federal law or court order, the legislature intends that, particularly in instances of very low payment levels, child support deductions go directly to the person or persons in whose custody the child is and who is responsible for the daily support of the child. The legislature does not intend the child support system to be a mechanism for the support of government, but rather to directly assist children in need of support.
Sec. 2. RCW 72.09.111 and 2002 c 126 s 2 are each amended to read as follows:
(1) The secretary shall deduct from the gross wages or gratuities of each inmate working in correctional industries work programs, taxes and legal financial obligations. The secretary shall also deduct child support payments from the gratuities of each inmate working in class II through class IV correctional industries work programs. The secretary shall develop a formula for the distribution of offender wages and gratuities.
(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; and
(v) Fifteen percent for any child support owed under a support order.
(c) ((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))) The formula shall include the following minimum deductions from class III gratuities:
(i) Five percent for the purpose of crime victims' compensation; and
(ii) Fifteen percent for any child support owed under a support order.
(d) The formula shall include the following minimum deduction from class IV gross gratuities:
(i) Five percent to the department to contribute to the cost of incarceration; and
(ii) Fifteen percent for any child support owed under a support order.
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 (a)(ii) or (b)(ii) of this subsection.
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.
In the event that the offender worker's wages or gratuity 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) 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) 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) 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) 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.
(6) Nothing in this section shall limit the authority of the department of social and health services division of child support from taking collection action against an inmate's moneys, assets, or property pursuant to chapter 26.23, 74.20, or 74.20A RCW.
Sec. 3. RCW 72.09.480 and 1999 c 325 s 1 are each amended to read as follows:
(1) Unless the context clearly requires otherwise, the definitions in this section apply to this section.
(a) "Cost of incarceration" means the cost of providing an inmate with shelter, food, clothing, transportation, supervision, and other services and supplies as may be necessary for the maintenance and support of the inmate while in the custody of the department, based on the average per inmate costs established by the department and the office of financial management.
(b) "Minimum term of confinement" means the minimum amount of time an inmate will be confined in the custody of the department, considering the sentence imposed and adjusted for the total potential earned early release time available to the inmate.
(c) "Program" means any series of courses or classes necessary to achieve a proficiency standard, certificate, or postsecondary degree.
(2) When an inmate, except as provided in subsection (((6))) (7) of this section, receives any funds in addition to his or her wages or gratuities, except settlements or awards resulting from legal action, the additional funds shall be subject to the following deductions ((in RCW 72.09.111(1)(a))) and the priorities established in chapter 72.11 RCW:
(a) Five percent to the public safety and education account for the purpose of crime victims' compensation;
(b) Ten percent to a department personal inmate savings account;
(c) Twenty percent to the department to contribute to the cost of incarceration;
(d) Twenty percent for payment of legal financial obligations for all inmates who have legal financial obligations owing in any Washington state superior court; and
(e) Fifteen percent for any child support owed under a support order.
(3) When an inmate, except as provided in subsection (7) of this section, receives any funds from a settlement or award resulting from a legal action, the additional funds shall be subject to the deductions in RCW 72.09.111(1)(a) and the priorities established in chapter 72.11 RCW.
(((3))) (4) The amount deducted from an inmate's funds under subsection (2) of this section shall not exceed the department's total cost of incarceration for the inmate incurred during the inmate's minimum or actual term of confinement, whichever is longer.
(((4))) (5) The deductions required under subsection (2) of this section shall not apply to funds received by the department on behalf of an offender for payment of one fee-based education or vocational program that is associated with an inmate's work program or a placement decision made by the department under RCW 72.09.460 to prepare an inmate for work upon release.
An inmate may, prior to the completion of the fee-based education or vocational program authorized under this subsection, apply to a person designated by the secretary for permission to make a change in his or her program. The secretary, or his or her designee, may approve the application based solely on the following criteria: (a) The inmate has been transferred to another institution by the department for reasons unrelated to education or a change to a higher security classification and the offender's current program is unavailable in the offender's new placement; (b) the inmate entered an academic program as an undeclared major and wishes to declare a major. No inmate may apply for more than one change to his or her major and receive the exemption from deductions specified in this subsection; (c) the educational or vocational institution is terminating the inmate's current program; or (d) the offender's training or education has demonstrated that the current program is not the appropriate program to assist the offender to achieve a placement decision made by the department under RCW 72.09.460 to prepare the inmate for work upon release.
(((5))) (6) The deductions required under subsection (2) of this section shall not apply to any money received by the department, on behalf of an inmate, from family or other outside sources for the payment of postage expenses. Money received under this subsection may only be used for the payment of postage expenses and may not be transferred to any other account or purpose. Money that remains unused in the inmate's postage fund at the time of release shall be subject to the deductions outlined in subsection (2) of this section.
(((6))) (7) When an inmate sentenced to life imprisonment without possibility of release or parole, or to death under chapter 10.95 RCW, receives any funds in addition to his or her gratuities, except settlements or awards resulting from legal action, the additional funds shall be subject to: Deductions of five percent to the public safety and education account for the purpose of crime victims' compensation ((and)), twenty percent to the department to contribute to the cost of incarceration, and fifteen percent to child support payments.
(((7))) (8) When an inmate sentenced to life imprisonment without possibility of release or parole, or to death under chapter 10.95 RCW, receives any funds from a settlement or award resulting from a legal action in addition to his or her gratuities, the additional funds shall be subject to: Deductions of five percent to the public safety and education account for the purpose of crime victims' compensation and twenty percent to the department to contribute to the cost of incarceration.
(9) The interest earned on an inmate savings account created as a result of the plan in section 4, chapter 325, Laws of 1999 shall be exempt from the mandatory deductions under this section and RCW 72.09.111.
(10) Nothing in this section shall limit the authority of the department of social and health services division of child support from taking collection action against an inmate's moneys, assets, or property pursuant to chapter 26.23, 74.20, or 74.20A RCW including, but not limited to, the collection of moneys received by the inmate from settlements or awards resulting from legal action."
On page 1, line 1 of the title, after "payments;" strike the remainder of the title and insert "amending RCW 72.09.111 and 72.09.480; 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 SUBSTITUTE HOUSE BILL NO. 1571 and advanced the bill as amended by the Senate to final passage.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
Representatives Holmquist and 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. 1571 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1571, as amended by the Senate and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, McDonald, 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 - 98.
SUBSTITUTE HOUSE BILL NO. 1571, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 25, 2003
Mr. Speaker:
The Senate receded from its amendment to HOUSE BILL NO. 1712, 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:
"Sec. 1. RCW 9A.44.130 and 2002 c 31 s 1 are each amended to read as follows:
(1) Any adult or juvenile residing whether or not the person has a fixed residence, or who is a student, is employed, or carries on a vocation in this state who has been found to have committed or has been convicted of any sex offense or kidnapping offense, or who has been found not guilty by reason of insanity under chapter 10.77 RCW of committing any sex offense or kidnapping offense, shall register with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation, or as otherwise specified in this section. Where a person required to register under this section is in custody of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility as a result of a sex offense or kidnapping offense, the person shall also register at the time of release from custody with an official designated by the agency that has jurisdiction over the person. In addition, any such adult or juvenile: (a) Who is admitted to a public or private institution of higher education shall, within ten days of enrolling or by the first business day after arriving at the institution, whichever is earlier, notify the sheriff for the county of the person's residence of the person's intent to attend the institution; (b) who gains employment at a public or private institution of higher education shall, within ten days of accepting employment or by the first business day after commencing work at the institution, whichever is earlier, notify the sheriff for the county of the person's residence of the person's employment by the institution; or (c) whose enrollment or employment at a public or private institution of higher education is terminated shall, within ten days of such termination, notify the sheriff for the county of the person's residence of the person's termination of enrollment or employment at the institution. Persons required to register under this section who are enrolled in a public or private institution of higher education on June 11, 1998, must notify the county sheriff immediately. The sheriff shall notify the institution's department of public safety and shall provide that department with the same information provided to a county sheriff under subsection (3) of this section.
(2) This section may not be construed to confer any powers pursuant to RCW 4.24.500 upon the public safety department of any public or private institution of higher education.
(3)(a) The person shall provide the following information when registering: (i) Name; (ii) address; (iii) date and place of birth; (iv) place of employment; (v) crime for which convicted; (vi) date and place of conviction; (vii) aliases used; (viii) social security number; (ix) photograph; and (x) fingerprints.
(b) Any person who lacks a fixed residence shall provide the following information when registering: (i) Name; (ii) date and place of birth; (iii) place of employment; (iv) crime for which convicted; (v) date and place of conviction; (vi) aliases used; (vii) social security number; (viii) photograph; (ix) fingerprints; and (x) where he or she plans to stay.
(4)(a) Offenders shall register with the county sheriff within the following deadlines. For purposes of this section the term "conviction" refers to adult convictions and juvenile adjudications for sex offenses or kidnapping offenses:
(i) OFFENDERS IN CUSTODY. (A) Sex offenders who committed a sex offense on, before, or after February 28, 1990, and who, on or after July 28, 1991, are in custody, as a result of that offense, of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility, and (B) kidnapping offenders who on or after July 27, 1997, are in custody of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility, must register at the time of release from custody with an official designated by the agency that has jurisdiction over the offender. The agency shall within three days forward the registration information to the county sheriff for the county of the offender's anticipated residence. The offender must also register within twenty- four hours from the time of release with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. The agency that has jurisdiction over the offender shall provide notice to the offender of the duty to register. Failure to register at the time of release and within twenty-four hours of release constitutes a violation of this section and is punishable as provided in subsection (10) of this section.
When the agency with jurisdiction intends to release an offender with a duty to register under this section, and the agency has knowledge that the offender is eligible for developmental disability services from the department of social and health services, the agency shall notify the division of developmental disabilities of the release. Notice shall occur not more than thirty days before the offender is to be released. The agency and the division shall assist the offender in meeting the initial registration requirement under this section. Failure to provide such assistance shall not constitute a defense for any violation of this section.
(ii) OFFENDERS NOT IN CUSTODY BUT UNDER STATE OR LOCAL JURISDICTION. Sex offenders who, on July 28, 1991, are not in custody but are under the jurisdiction of the indeterminate sentence review board or under the department of correction's active supervision, as defined by the department of corrections, the state department of social and health services, or a local division of youth services, for sex offenses committed before, on, or after February 28, 1990, must register within ten days of July 28, 1991. Kidnapping offenders who, on July 27, 1997, are not in custody but are under the jurisdiction of the indeterminate sentence review board or under the department of correction's active supervision, as defined by the department of corrections, the state department of social and health services, or a local division of youth services, for kidnapping offenses committed before, on, or after July 27, 1997, must register within ten days of July 27, 1997. A change in supervision status of a sex offender who was required to register under this subsection (4)(a)(ii) as of July 28, 1991, or a kidnapping offender required to register as of July 27, 1997, shall not relieve the offender of the duty to register or to reregister following a change in residence. The obligation to register shall only cease pursuant to RCW 9A.44.140.
(iii) OFFENDERS UNDER FEDERAL JURISDICTION. Sex offenders who, on or after July 23, 1995, and kidnapping offenders who, on or after July 27, 1997, as a result of that offense are in the custody of the United States bureau of prisons or other federal or military correctional agency for sex offenses committed before, on, or after February 28, 1990, or kidnapping offenses committed on, before, or after July 27, 1997, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. Sex offenders who, on July 23, 1995, are not in custody but are under the jurisdiction of the United States bureau of prisons, United States courts, United States parole commission, or military parole board for sex offenses committed before, on, or after February 28, 1990, must register within ten days of July 23, 1995. Kidnapping offenders who, on July 27, 1997, are not in custody but are under the jurisdiction of the United States bureau of prisons, United States courts, United States parole commission, or military parole board for kidnapping offenses committed before, on, or after July 27, 1997, must register within ten days of July 27, 1997. A change in supervision status of a sex offender who was required to register under this subsection (4)(a)(iii) as of July 23, 1995, or a kidnapping offender required to register as of July 27, 1997 shall not relieve the offender of the duty to register or to reregister following a change in residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. The obligation to register shall only cease pursuant to RCW 9A.44.140.
(iv) OFFENDERS WHO ARE CONVICTED BUT NOT CONFINED. Sex offenders who are convicted of a sex offense on or after July 28, 1991, for a sex offense that was committed on or after February 28, 1990, and kidnapping offenders who are convicted on or after July 27, 1997, for a kidnapping offense that was committed on or after July 27, 1997, but who are not sentenced to serve a term of confinement immediately upon sentencing, shall report to the county sheriff to register immediately upon completion of being sentenced.
(v) OFFENDERS WHO ARE NEW RESIDENTS OR RETURNING WASHINGTON RESIDENTS. Sex offenders and kidnapping offenders who move to Washington state from another state or a foreign country that are not under the jurisdiction of the state department of corrections, the indeterminate sentence review board, or the state department of social and health services at the time of moving to Washington, must register within thirty days of establishing residence or reestablishing residence if the person is a former Washington resident. The duty to register under this subsection applies to sex offenders convicted under the laws of another state or a foreign country, federal or military statutes, or Washington state for offenses committed on or after February 28, 1990, and to kidnapping offenders convicted under the laws of another state or a foreign country, federal or military statutes, or Washington state for offenses committed on or after July 27, 1997. Sex offenders and kidnapping offenders from other states or a foreign country who, when they move to Washington, are under the jurisdiction of the department of corrections, the indeterminate sentence review board, or the department of social and health services must register within twenty-four hours of moving to Washington. The agency that has jurisdiction over the offender shall notify the offender of the registration requirements before the offender moves to Washington.
(vi) OFFENDERS FOUND NOT GUILTY BY REASON OF INSANITY. Any adult or juvenile who has been found not guilty by reason of insanity under chapter 10.77 RCW of (A) committing a sex offense on, before, or after February 28, 1990, and who, on or after July 23, 1995, is in custody, as a result of that finding, of the state department of social and health services, or (B) committing a kidnapping offense on, before, or after July 27, 1997, and who on or after July 27, 1997, is in custody, as a result of that finding, of the state department of social and health services, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence. The state department of social and health services shall provide notice to the adult or juvenile in its custody of the duty to register. Any adult or juvenile who has been found not guilty by reason of insanity of committing a sex offense on, before, or after February 28, 1990, but who was released before July 23, 1995, or any adult or juvenile who has been found not guilty by reason of insanity of committing a kidnapping offense but who was released before July 27, 1997, shall be required to register within twenty-four hours of receiving notice of this registration requirement. The state department of social and health services shall make reasonable attempts within available resources to notify sex offenders who were released before July 23, 1995, and kidnapping offenders who were released before July 27, 1997. Failure to register within twenty-four hours of release, or of receiving notice, constitutes a violation of this section and is punishable as provided in subsection (10) of this section.
(vii) OFFENDERS WHO LACK A FIXED RESIDENCE. Any person who lacks a fixed residence and leaves the county in which he or she is registered and enters and remains within a new county for twenty-four hours is required to register with the county sheriff not more than twenty-four hours after entering the county and provide the information required in subsection (3)(b) of this section.
(viii) OFFENDERS WHO LACK A FIXED RESIDENCE AND WHO ARE UNDER SUPERVISION. Offenders who lack a fixed residence and who are under the supervision of the department shall register in the county of their supervision.
(ix) OFFENDERS WHO MOVE TO, WORK, CARRY ON A VOCATION, OR ATTEND SCHOOL IN ANOTHER STATE. Offenders required to register in Washington, who move to another state, or who work, carry on a vocation, or attend school in another state shall register a new address, fingerprints, and photograph with the new state within ten days after establishing residence, or after beginning to work, carry on a vocation, or attend school in the new state. The person must also send written notice within ten days of moving to the new state or to a foreign country to the county sheriff with whom the person last registered in Washington state. The county sheriff shall promptly forward this information to the Washington state patrol.
(b) Failure to register within the time required under this section constitutes a per se violation of this section and is punishable as provided in subsection (10) of this section. The county sheriff shall not be required to determine whether the person is living within the county.
(c) An arrest on charges of failure to register, service of an information, or a complaint for a violation of this section, or arraignment on charges for a violation of this section, constitutes actual notice of the duty to register. Any person charged with the crime of failure to register under this section who asserts as a defense the lack of notice of the duty to register shall register immediately following actual notice of the duty through arrest, service, or arraignment. Failure to register as required under this subsection (4)(c) constitutes grounds for filing another charge of failing to register. Registering following arrest, service, or arraignment on charges shall not relieve the offender from criminal liability for failure to register prior to the filing of the original charge.
(d) The deadlines for the duty to register under this section do not relieve any sex offender of the duty to register under this section as it existed prior to July 28, 1991.
(5)(a) If any person required to register pursuant to this section changes his or her residence address within the same county, the person must send written notice of the change of address to the county sheriff within seventy-two hours of moving. If any person required to register pursuant to this section moves to a new county, the person must send written notice of the change of address at least fourteen days before moving to the county sheriff in the new county of residence and must register with that county sheriff within twenty-four hours of moving. The person must also send written notice within ten days of the change of address in the new county to the county sheriff with whom the person last registered. The county sheriff with whom the person last registered shall promptly forward the information concerning the change of address to the county sheriff for the county of the person's new residence. Upon receipt of notice of change of address to a new state, the county sheriff shall promptly forward the information regarding the change of address to the agency designated by the new state as the state's offender registration agency.
(b) It is an affirmative defense to a charge that the person failed to send a notice at least fourteen days in advance of moving as required under (a) of this subsection that the person did not know the location of his or her new residence at least fourteen days before moving. The defendant must establish the defense by a preponderance of the evidence and, to prevail on the defense, must also prove by a preponderance that the defendant sent the required notice within twenty-four hours of determining the new address.
(6)(a) Any person required to register under this section who lacks a fixed residence shall provide written notice to the sheriff of the county where he or she last registered within forty-eight hours excluding weekends and holidays after ceasing to have a fixed residence. The notice shall include the information required by subsection (3)(b) of this section, except the photograph and fingerprints. The county sheriff may, for reasonable cause, require the offender to provide a photograph and fingerprints. The sheriff shall forward this information to the sheriff of the county in which the person intends to reside, if the person intends to reside in another county.
(b) A person who lacks a fixed residence must report weekly, in person, to the sheriff of the county where he or she is registered. The weekly report shall be on a day specified by the county sheriff's office, and shall occur during normal business hours. The county sheriff's office may require the person to list the locations where the person has stayed during the last seven days. The lack of a fixed residence is a factor that may be considered in determining an offender's risk level and shall make the offender subject to disclosure of information to the public at large pursuant to RCW 4.24.550.
(c) If any person required to register pursuant to this section does not have a fixed residence, it is an affirmative defense to the charge of failure to register, that he or she provided written notice to the sheriff of the county where he or she last registered within forty-eight hours excluding weekends and holidays after ceasing to have a fixed residence and has subsequently complied with the requirements of subsections (4)(a)(vii) or (viii) and (6) of this section. To prevail, the person must prove the defense by a preponderance of the evidence.
(7) A sex offender subject to registration requirements under this section who applies to change his or her name under RCW 4.24.130 or any other law shall submit a copy of the application to the county sheriff of the county of the person's residence and to the state patrol not fewer than five days before the entry of an order granting the name change. No sex offender under the requirement to register under this section at the time of application shall be granted an order changing his or her name if the court finds that doing so will interfere with legitimate law enforcement interests, except that no order shall be denied when the name change is requested for religious or legitimate cultural reasons or in recognition of marriage or dissolution of marriage. A sex offender under the requirement to register under this section who receives an order changing his or her name shall submit a copy of the order to the county sheriff of the county of the person's residence and to the state patrol within five days of the entry of the order.
(8) The county sheriff shall obtain a photograph of the individual and shall obtain a copy of the individual's fingerprints.
(9) For the purpose of RCW 9A.44.130, 10.01.200, 43.43.540, 70.48.470, and 72.09.330:
(a) "Sex offense" means:
(i) Any offense defined as a sex offense by RCW 9.94A.030;
(ii) Any violation under RCW 9A.44.096 (sexual misconduct with a minor in the second degree);
(iii) Any violation under RCW 9.68A.090 (communication with a minor for immoral purposes);
(iv) Any federal or out-of-state conviction for an offense that under the laws of this state would be classified as a sex offense under this subsection; and
(v) Any gross misdemeanor that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a sex offense under RCW 9.94A.030 or this subsection.
(b) "Kidnapping offense" means: (i) The crimes of kidnapping in the first degree, kidnapping in the second degree, and unlawful imprisonment, as defined in chapter 9A.40 RCW, where the victim is a minor and the offender is not the minor's parent; (ii) any offense that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a kidnapping offense under this subsection (9)(b); and (iii) any federal or out-of-state conviction for an offense that under the laws of this state would be classified as a kidnapping offense under this subsection (9)(b).
(c) "Employed" or "carries on a vocation" means employment that is full-time or part-time for a period of time exceeding fourteen days, or for an aggregate period of time exceeding thirty days during any calendar year. A person is employed or carries on a vocation whether the person's employment is financially compensated, volunteered, or for the purpose of government or educational benefit.
(d) "Student" means a person who is enrolled, on a full-time or part-time basis, in any public or private educational institution. An educational institution includes any secondary school, trade or professional institution, or institution of higher education.
(10) A person who knowingly fails to register with the county sheriff or notify the county sheriff, or who changes his or her name without notifying the county sheriff and the state patrol, as required by this section is guilty of a class C felony if the crime for which the individual was convicted was a felony sex offense as defined in subsection (9)(a) of this section or a federal or out-of-state conviction for an offense that under the laws of this state would be a felony sex offense as defined in subsection (9)(a) of this section. If the crime was other than a felony or a federal or out-of-state conviction for an offense that under the laws of this state would be other than a felony, violation of this section is a gross misdemeanor.
(11) A person who knowingly fails to register or who moves within the state without notifying the county sheriff as required by this section is guilty of a class C felony if the crime for which the individual was convicted was a felony kidnapping offense as defined in subsection (9)(b) of this section or a federal or out-of-state conviction for an offense that under the laws of this state would be a felony kidnapping offense as defined in subsection (9)(b) of this section. If the crime was other than a felony or a federal or out-of- state conviction for an offense that under the laws of this state would be other than a felony, violation of this section is a gross misdemeanor."
On page 1, line 2 of the title, after "offenders;" strike the remainder of the title and insert "and amending RCW 9A.44.130."
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. 1712 and advanced the bill as amended by the Senate to final passage.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
Representatives O'Brien and Mielke 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. 1712 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1712, as amended by the Senate and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, McDonald, 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 - 98.
HOUSE BILL NO. 1712, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 25, 2003
Mr. Speaker:
The Senate receded from its amendment to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1827, 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. A new section is added to chapter 70.54 RCW to read as follows:
(1) Except for community and technical colleges, each degree- granting public or private postsecondary residential campus that provides on-campus or group housing shall provide information on meningococcal disease to each enrolled matriculated first-time student. Community and technical colleges must provide the information only to those students who are offered on-campus or group housing. The information about meningococcal disease shall include:
(a) Symptoms, risks, especially as the risks relate to circumstances of group living arrangements, and treatment; and
(b) Current recommendations from the United States centers for disease control and prevention regarding the receipt of vaccines for meningococcal disease and where the vaccination can be received.
(2) This section shall not be construed to require the department of health or the postsecondary educational institution to provide the vaccination to students.
(3) The department of health shall be consulted regarding the preparation of the information materials provided to the first-time students.
(4) If institutions provide electronic enrollment or registration to first-time students, the information required by this section shall be provided electronically and acknowledged by the student before completion of electronic enrollment or registration.
(5) This section does not create a private right of action.
NEW SECTION. Sec. 2. This act takes effect July 1, 2004."
On page 1, line 3 of the title, after "institutions;" strike the remainder of the title and insert "adding a new section to chapter 70.54 RCW; and providing an effective date."
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. 1827 and advanced the bill as amended by the Senate to final passage.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
Representatives Moeller and Pflug 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. 1827 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1827, as amended by the Senate and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, McDonald, 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 - 98.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1827, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 25, 2003
Mr. Speaker:
The Senate receded from its amendment to SECOND SUBSTITUTE HOUSE BILL NO. 1841, 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. A new section is added to chapter 74.13 RCW to read as follows:
The legislature finds that investment in effective prevention and early intervention services: (1) Produces immediate and long-term improvements for children and families; and (2) avoids future public costs in education, child welfare, substance abuse, health, and mental health treatment, law enforcement, the courts, and juvenile and adult corrections. The legislature further finds that state agencies receiving funds for prevention and early intervention services should contract for or operate services that have a strong likelihood of achieving expected program outcomes.
NEW SECTION. Sec. 2. A new section is added to chapter 74.13 RCW to read as follows:
(1) For the purposes of this section, "prevention and early intervention services and programs" are the following state-operated or contracted programs or their successors:
(a) Alternate response system;
(b) Family reconciliation services;
(c) Family preservation services;
(d) Intensive family preservation services;
(e) Continuum of care;
(f) Parent trust program;
(g) Public health nurse early intervention program; and
(h) Other prevention and early intervention services and programs in the department of social and health services, children's administration, as identified by the secretary.
(2) The department of social and health services in consultation with the family policy council, created in chapter 70.190 RCW, shall, by March 1, 2004, identify criteria for funding prevention and early intervention services and programs in the children's administration that are either state-operated or contracted. The criteria must require that funded programs, at a minimum: (a) Define clear, measurable outcomes; (b) identify research that may be applicable; (c) identify anticipated cost benefits; (d) describe broad community involvement, support, and partnerships; and (e) provide data related to program outcomes and cost benefits.
(3) The department shall incorporate the funding criteria into contracts and operating procedures beginning January 1, 2005, within existing resources.
(4) The department shall begin providing the family policy council program outcome data required under subsection (2) of this section not later than June 1, 2005.
(5) The family policy council shall begin analyzing the program outcome and cost benefit data required under subsection (2) of this section July 1, 2005.
NEW SECTION. Sec. 3. A new section is added to chapter 74.13 RCW to read as follows:
Nothing in this act creates:
(1) An entitlement to services;
(2) Judicial authority to order the provision of services to any person or family if the services are unavailable or unsuitable, or the child or family is not eligible for such services; or
(3) A private right of action or claim on the part of any individual, entity, or agency against any state agency or contractor.
NEW SECTION. Sec. 4. A new section is added to chapter 70.190 RCW to read as follows:
The council shall: Beginning with its 2005 annual report and each subsequent report, list the prevention and early intervention services to which the funding criteria established in section 2(2) of this act are applied; and beginning with its 2006 annual report and in each subsequent annual report, include the outcome and cost benefit data collected under section 2(5) of this act and provide an analysis of the success and cost benefit program outcomes.
In the 2006 annual report and in each subsequent annual report the council shall identify and recommend other services, programs, and state agencies to which the funding criteria may apply."
On page 1, line 2 of the title, after "services;" strike the remainder of the title and insert "adding new sections to chapter 74.13 RCW; and adding a new section to chapter 70.190 RCW."
and the same is herewith transmitted.
Milt H. Doumit, Secretary
There being no objection, the House concurred in the Senate amendment to SECOND SUBSTITUTE HOUSE BILL NO. 1841 and advanced the bill as amended by the Senate to final passage.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
Representatives Kagi and Boldt 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 Second Substitute House Bill No. 1841 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 1841, as amended by the Senate and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, McDonald, 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 - 98.
SECOND SUBSTITUTE HOUSE BILL NO. 1841, as amended by the Senate, having received the constitutional majority, was declared passed.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
HOUSE BILL NO. 2261, By Representatives Kagi and Cody
Concerning services for persons with developmental disabilities.
The bill was read the second time. There being no objection, Substitute House Bill No. 2261 was substituted for House Bill No. 2261 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2261 was read the second time.
Representative Boldt moved the adoption of amendment (513):
On page 7, line 6, after "shall" insert "develop a plan to"
On page 7, line 11, after "caregiver." insert "The department shall present the plan to the legislature for approval prior to implementation."
Representatives Boldt and Holmquist spoke in favor of the adoption of the amendment.
Representative Kagi spoke against the adoption of the 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 (513) to Substitute House Bill No. 2261.
ROLL CALL
The Clerk called the roll on the adoption of amendment (513) to Substitute House Bill No. 2261, and the amendment was not adopted by the following vote: Yeas - 46, Nays - 52, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hankins, Hinkle, Holmquist, Jarrett, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Pflug, Priest, Roach, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 46.
Voting nay: Representatives Berkey, Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hatfield, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 52.
Representative Boldt moved the adoption of amendment (512):
On page 10, after line 18, insert the following:
"NEW SECTION. Sec. 18. (1) The legislature's delegation of authority to the department under this act is strictly limited to:
(a) The minimum delegation necessary to administer the act's clear and unambiguous directives; and
(b) The administration of circumstances and behaviors foreseeable at the time of enactment.
(2) Department actions or rules authorized by this act are subject to the following additional standards of judicial review, which supercede RCW 34.05.570(1) and (2) to the extent of any conflict:
(a) The department bears the burden of demonstrating that the department's action:
(i) Was authorized by law; and
(ii) Was valid, when the interest of a party asserting invalidity arises from the department's actions imposing a penalty on the asserting party;
(b) The validity of a department rule may be determined upon petition for declaratory judgment addressed to any superior court in this state; and
(c) In determining whether, under RCW 34.05.570(2)(c), a department rule exceeds the department's statutory authority, the court must also consider whether the rule exceeds the limited delegation under subsection (1) of this section."
Renumber remaining sections and correct the title.
Representatives Boldt and Woods spoke in favor of the adoption of the amendment.
Representatives Kagi and Cody spoke against the adoption of the 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 (512) to Substitute House Bill No. 2261.
ROLL CALL
The Clerk called the roll on the adoption of amendment (512) to Substitute House Bill No. 2261, and the amendment was not adopted by the following vote: Yeas - 45, Nays - 53, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hankins, Hinkle, Holmquist, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Pflug, Priest, Roach, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 45.
Voting nay: Representatives Berkey, Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 53.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Kagi spoke in favor of passage of the bill.
Representative Boldt 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. 2261.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2261 and the bill passed the House by the following vote: Yeas - 62, Nays - 36, Absent - 0, Excused - 0.
Voting yea: Representatives Armstrong, Berkey, Blake, Cairnes, Carrell, 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, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pettigrew, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Shabro, Simpson, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 62.
Voting nay: Representatives Ahern, Alexander, Anderson, Bailey, Benson, Boldt, Buck, Bush, Campbell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hinkle, Holmquist, Kristiansen, Mastin, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Pflug, Schindler, Schoesler, Sehlin, Skinner, Sump, Talcott and Woods - 36.
SUBSTITUTE HOUSE BILL NO. 2261, having received the necessary constitutional majority, was declared passed.
SECOND SUBSTITUTE SENATE BILL NO. 5341, By Senate Committee on Ways & Means (originally sponsored by Senators Winsley, Kline, Thibaudeau, Carlson, Parlette and Kohl-Welles)
Establishing a quality maintenance fee on nursing facilities.
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 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 Cody, Sehlin and Alexander 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 Second Substitute Senate Bill No. 5341 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 5341, as amended by the House, and the bill passed the House by the following vote: Yeas - 92, Nays - 6, Absent - 0, Excused - 0.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, 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, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, O'Brien, 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 - 92.
Voting nay: Representatives Boldt, Kristiansen, McMahan, Mielke, Nixon, and Orcutt - 6.
SECOND SUBSTITUTE SENATE BILL NO. 5341, as amended by the House, having received the necessary constitutional majority, was declared passed.
SENATE BILL NO. 6029, By Senators Rossi and Fairley; by request of Office of Financial Management
Funding the public employees' retirement system, the teachers' retirement system, and the school employees' retirement 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, 102nd 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, Sehlin, Sommers and Alexander 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. 6029 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6029, as amended by the House, and the bill passed the House by the following vote: Yeas - 72, Nays - 26, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chase, Clements, Clibborn, Cody, Conway, Cooper, Darneille, DeBolt, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Orcutt, Pettigrew, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Sehlin, Skinner, Sommers, Sullivan, Sump, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 72.
Voting nay: Representatives Ahern, Anderson, Chandler, Condotta, Cox, Crouse, Delvin, Ericksen, Hinkle, Holmquist, Kristiansen, Mastin, McDonald, McMahan, Mielke, Newhouse, Nixon, Pearson, Pflug, Roach, Schindler, Schoesler, Shabro, Simpson, Talcott, and Tom - 26.
SENATE BILL NO. 6029, as amended by the House, having received the necessary constitutional majority, was declared passed.
MESSAGES FROM THE SENATE
April 25, 2003
Mr. Speaker:
The Senate has concurred in the House amendments to the following bills and passed the bills as amended by the House:
SUBSTITUTE SENATE BILL NO. 5179,
ENGROSSED SENATE BILL NO. 5676,
SUBSTITUTE SENATE BILL NO. 5974,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5990,
SUBSTITUTE SENATE BILL NO. 6054,
SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8402,
and the same are herewith transmitted.
Milt H. Doumit, Secretary
April 25, 2003
Mr. Speaker:
The President has signed:
ENGROSSED HOUSE BILL NO. 1037,
SUBSTITUTE HOUSE BILL NO. 1061,
ENGROSSED HOUSE BILL NO. 1090,
SUBSTITUTE HOUSE BILL NO. 1213,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1218,
SUBSTITUTE HOUSE BILL NO. 1222,
SUBSTITUTE HOUSE BILL NO. 1232,
ENGROSSED HOUSE BILL NO. 1388,
ENGROSSED HOUSE BILL NO. 1427,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1463,
SUBSTITUTE HOUSE BILL NO. 1675,
SUBSTITUTE HOUSE BILL NO. 1707,
SUBSTITUTE HOUSE BILL NO. 1785,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1787,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1844,
SUBSTITUTE HOUSE BILL NO. 1943,
SUBSTITUTE HOUSE BILL NO. 2033,
SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4004,
and the same are herewith transmitted.
Milt H. Doumit, Secretary
April 25, 2003
Mr. Speaker:
The Senate has receded from its amendment to SUBSTITUTE HOUSE BILL NO. 1173 and passed the bill without said amendments, and the same is herewith transmitted.
Milt H. Doumit, Secretary
April 25, 2003
Mr. Speaker:
The Senate has receded from its amendment to HOUSE BILL NO. 1126 and passed the bill without said amendments, and the same is herewith transmitted.
Milt H. Doumit, Secretary
There being no objection, the House advanced to the eleventh order of business.
There being no objection, the House adjourned until 9:30 a.m., April 26, 2003, the 104th Day of the Regular Session.
FRANK CHOPP, Speaker CYNTHIA ZEHNDER, Chief Clerk