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NINETY- FOURTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Wednesday, April 16, 2003

      The Senate was called to order at 8:30 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Honeyford, Morton, Parlette and Roach. On motion of Senator Hewitt, Senators Honeyford, Morton and Roach were excused.

      The Sergeant at Arms Color Guard, consisting of Pages Janna Charles and Karen Linde, presented the Colors. Reverend Devin Backholm, pastor of the Christian Life Fellowship in Aberdeen, and a guest of Senator Jim Hargrove, offered the prayer.


MOTION


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



INTRODUCTION AND FIRST READING

 

SB 6077             by Senators Thibaudeau, Keiser, Kline, Franklin, Kohl-Welles, Shin, Regala, B. Sheldon, Kastama, Jacobsen, McAuliffe, Fairley, Prentice, Hargrove, Reardon and Eide

 

AN ACT Relating to patient safety; amending RCW 43.70.110 and 43.70.250; adding new sections to chapter 43.70 RCW; and adding a new section to chapter 7.70 RCW.

Referred to Committee on Health and Long-Term Care.

 

SB 6078             by Senators Prentice, Swecker, Hargrove, Rasmussen, Fairley, Oke, Franklin, Kline, Regala, Stevens and Thibaudeau

 

AN ACT Relating to limiting house-banked cardrooms; amending RCW 9.46.0282; adding a new section to chapter 9.46 RCW; and providing an effective date.

Referred to Committee on Commerce and Trade.

 

SCR 8409          by Senators Benton, Rossi and Esser

 

Exempting Senate Joint Memorials 8005 and 8006 from SCR 8400.

 

HOLD.

MOTION


      On motion of Senator Sheahan, Senate Concurrent Resolution No. 8409 was held at the desk.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT


MOTION


      On motion of Senator Esser, Gubernatorial Appointment No. 9074, Stuart McKee, as the Director of the Department of Information Services, was confirmed.

      Senators Esser, Reardon and Finkbeiner spoke to the confirmation of Stuart McKee as Director of the Department of Information Services.


APPOINTMENT OF STUART McKEE


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Mulliken, Oke, Poulsen, Prentice, Rasmussen, Reardon, Regala, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.

     Absent: Senator Parlette - 1.

     Excused: Senators Honeyford, Morton and Roach - 3.

 

INTRODUCTION OF SPECIAL GUEST


      The President welcomed and introduced Stuart McKee, the new Director of the Department of Information Services, who was seated in the back of the chamber.


MOTION


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



SENATE RESOLUTION 8629


By Senators Reardon, Shin, Schmidt, McCaslin, Franklin, Rasmussen, Haugen, Fraser and McAuliffe


      WHEREAS, Fran Wilfred Agnes passed away on February 9, 2003, at the age of eighty; and

      WHEREAS, He is survived by his spouse, Marlene Agnes, three daughters, two sons, thirteen grandchildren, and five great-grandchildren; and

      WHEREAS, He served his country with pride for twenty-two years, including seven years in the United States Army Air Corp and fifteen years in the United States Air Force, retiring with the rank of Captain in 1961; and

      WHEREAS, He was held as a prisoner of war for three and one-half years, endured the infamous Bataan Death March on April 9, 1942, and was liberated from the Hiro Hata prison camp in October 1945; and

      WHEREAS, After retiring from the Air Force and returning to civilian life, he continued to serve his country with pride as an employee of the Washington State Job Service for twenty-five years from 1962 to 1987, retiring as Operations Manager in Spokane, Washington; and

      WHEREAS, His dedication to improving each community in which he lived was unselfish and untiring; and

      WHEREAS, He worked with determination for the betterment of veterans and their families in the state of Washington; and

      WHEREAS, His efforts were instrumental in ensuring that veterans received proper recognition for their contribution to their country, including promoting legislation to honor veterans with a color guard at their funerals; and

      WHEREAS, His leadership was instrumental in the establishment of Tahoma National Cemetery at Kent, Washington, which was dedicated September 26, 1997, and opened for interments October 1, 1997; and

      WHEREAS, He was an active member of the American Ex-Prisoners of War and was installed as National Commander of this great organization, serving with pride from 1990-1991, and also served as National Convention Site Chairman, American Ex-POWs; and

      WHEREAS, He coached Little League baseball for twenty years, bringing National League Junior Baseball to Spokane, and was a major force in the building of many baseball fields throughout the area; and

      WHEREAS, He participated as a valuable member of the American Defenders of Bataan and Corregidor; the Polish Legion of American Veterans, USA; the American Legion; Disabled American Veterans; Veterans of Foreign Wars; National Association of Uniformed Services; Military Officers; the Everett Elks; Wenatchee Eagles Aerie #204; Chair of Tahoma National Cemetery Support Group; member of the Washington State Governor's Veterans Affairs Advisory Committee; Board member of Snohomish County Human Services Veterans Assistance Board; committee member of Washington State WWII Veterans; and Chair of Washington State's Veterans Legislation Committee; and

      WHEREAS, He touched the lives of many with his tireless commitment to his country, his enthusiastic approach to everything he accomplished, and his warm sense of humor; and

      WHEREAS, He will be missed by all who had the good fortune to know him;

      NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate, on behalf of the people of our state, recognize the life of Fran Wilfred Agnes and express its appreciation for his many outstanding achievements and contributions to the citizens of the state of Washington and to the United States of America.


      Senators Reardon, Schmidt, Shin and Franklin spoke to Senate Resolution 8629.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced Marlene Agnes, the wife of Fran Agnes, and his daughter, Rose Marie Dennis, as well as John King, Director of Veteran Affairs for the state of Washington, who were seated in the back of the Chamber.


MOTION


      On motion of Senator Sheahan, the Senate reverted to the sixth order of business.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 1291, by House Committee on Local Government (originally sponsored by Representatives Blake, Schindler, Hatfield, Romero and Mielke)

 

Providing for elections for flood control zone district supervisors.


      The bill was read the second time.


MOTION


      On motion of Senator Sheahan, the rules were suspended, Substitute House Bill No. 1291 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1291.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1291 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

     Absent: Senator Esser - 1.

     Excused: Senator Morton - 1.

      SUBSTITUTE HOUSE BILL NO. 1291, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 1721, by House Committee on Health Care (originally sponsored by Representatives Moeller, Boldt, Fromhold and Wallace)

 

Concerning dentistry.


      The bill was read the second time.


MOTION


      On motion of Senator Winsley, the rules were suspended, Substitute House Bill No. 1721 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1721.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1721 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Absent: Senator Esser - 1.

      SUBSTITUTE HOUSE BILL NO. 1721, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Sheahan, Senator Esser was excused.


SECOND READING


      HOUSE BILL NO. 1170, by Representatives Romero, Hunt, Cooper, Simpson and Chase

 

Limiting restrictions on residential day-care facilities.


      The bill was read the second time.


MOTION


      On motion of Senator Roach, the rules were suspended, House Bill No. 1170 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1170.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No 1170 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator Esser - 1.

      HOUSE BILL NO. 1170, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 1379, by Representatives Ericksen, Bush and Anderson

 

Authorizing agreements for traffic control.


      The bill was read the second time.


MOTION


      On motion of Senator Horn, the following Committee on Highways and Transportation striking amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 46.61 RCW to read as follows:

       State, local, or county law enforcement personnel may enforce speeding violations under RCW 46.61.400 on private roads within a community organized under chapter 64.38 RCW if:

       (1) A majority of the homeowner's association's board of directors votes to authorize the issuance of speeding infractions on its private roads, and declares a speed limit not lower than twenty miles per hour;

       (2) A written agreement regarding the speeding enforcement is signed by the homeowner's association president and the chief law enforcement official of the city or county within whose jurisdiction the private road is located;

       (3) The homeowner's association has provided written notice to all of the homeowners describing the new authority to issue speeding infractions; and

       (4) Signs have been posted declaring the speed limit at all vehicle entrances to the community."

      There being no objection, the following title amendment was adopted:

       On line 2 of the title, after "personnel;" strike the remainder of the title and insert "and adding a new section to chapter 46.61 RCW."


MOTION


      On motion of Senator Horn, the rules were suspended, House Bill No 1379, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


POINT OF INQUIRY


      Senator Benton: “Senator Horn, in your comments, you mentioned that this would be allowable if it was done by agreement. I would like to have some elaboration on that, because as I read the bill it actually says, ‘the city and town may exercise travel control restriction over any private road or street.’ So, I am a little concerned that we may granting extensive authority to cities, towns or counties to exercise traffic control authority over private roads that are owned privately by people. That would cause me some great concern. I don’t see where it allows provisions for the agreement or for the agreement to be broken. Can you clarify that for me, please?”

      Senator Horn: “Yes, Senator Benton. I think you are addressing the very thing that we addressed in committee and you are looking at the original bill instead of the striking amendment that we are talking about. The striking amendment very specifically says that state, local or county enforcement personnel may enforce speeding violations under RCW 46.61.400 or on private roads within communities organized under Chapter 64.38 RCW, if a whole set of conditions exist. So, that is what we did in committee to tighten this bill up very specifically. Thank you for your question.”

      Further debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1379, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1379, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 4; Absent, 0; Excused, 0.

     Voting yea: Senators Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.

     Voting nay: Senators Benton, Morton, Mulliken and Stevens - 4.

      HOUSE BILL NO. 1379, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 1905, by Representatives Gombosky, Buck, Lantz, Tom, Pettigrew, Rockefeller, Skinner, Fromhold, Benson, Kagi, Kessler, Clibborn, Nixon, Kenney, Moeller, Conway, Hudgins, Santos and McDermott

 

Providing a limited property tax exemption for the use of facilities by artistic, scientific, and historical organizations.


      The bill was read the second time.


MOTION


      On motion of Senator Rossi, the following Committee on Ways and Means striking amendment not adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 84.36.060 and 1995 c 306 s 1 are each amended to read as follows:

       (1) The following property shall be exempt from taxation:

       (((1))) (a) All art, scientific, or historical collections of associations maintaining and exhibiting such collections for the benefit of the general public and not for profit, together with all real and personal property of such associations used exclusively for the safekeeping, maintaining and exhibiting of such collections; ((and))

       (b) All the real and personal property owned by or leased to associations engaged in the production and performance of musical, dance, artistic, dramatic, or literary works for the benefit of the general public and not for profit, which real and personal property is used exclusively for this production or performance;

       (c) All fire engines and other implements used for the extinguishment of fire, and the buildings used exclusively for their safekeeping, and for meetings of fire companies, as long as the property belongs to any city or town or to a fire company; and

       (d) All property owned by humane societies in this state in actual use by the societies.

       (((a))) (2) To receive ((this)) an exemption under subsection (1)(a) or (b) of this section:

       (a) An organization must be organized and operated exclusively for artistic, scientific, historical, literary, musical, dance, dramatic, or educational purposes and receive a substantial part of its support (exclusive of income received in the exercise or performance by such organization of its purpose or function) from the United States or any state or any political subdivision thereof or from direct or indirect contributions from the general public.

       (b) If the property is not currently being used for an exempt purpose but will be used for an exempt purpose within a reasonable period of time, the nonprofit organization, association, or corporation claiming the exemption must submit proof that a reasonably specific and active program is being carried out to construct, remodel, or otherwise enable the property to be used for an exempt purpose. The property does not qualify for an exemption during this interim period if the property is used by, loaned to, or rented to a for-profit organization or business enterprise. Proof of a specific and active program to build or remodel the property so it may be used for an exempt purpose may include, but is not limited to:

       (i) Affirmative action by the board of directors, trustees, or governing body of the nonprofit organization, association, or corporation toward an active program of construction or remodeling;

       (ii) Itemized reasons for the proposed construction or remodeling;

       (iii) Clearly established plans for financing the construction or remodeling; or

       (iv) Building permits.

       (((c) Notwithstanding (b) of this subsection, a for-profit limited partnership created to provide facilities for the use of nonprofit art, scientific, or historical organizations qualifies for the exemption under (b) of this subsection through 1997 if the for-profit limited partnership otherwise qualifies under (b) of this subsection.

       (2) All fire engines and other implements used for the extinguishment of fire, with the buildings used exclusively for the safekeeping thereof, and for meetings of fire companies, provided such properties belong to any city or town or to a fire company therein.))

       (3) ((Property owned by humane societies in this state in actual use by such societies)) The use of property exempt under subsection (1)(b) of this section by entities not eligible for a property tax exemption under this chapter, except as provided in this section, nullifies the exemption otherwise available for the property for the assessment year. The exemption is not nullified if:

       (a) The property is used by entities not eligible for a property tax exemption under this chapter for periods of not more than fifteen days in the calendar year;

       (b) The property is not used for pecuniary gain or to promote business activities for more than seven of the fifteen days in the calendar year;

       (c) The property is used for the production and performance of musical, dance, artistic, dramatic, or literary works or for community gatherings or assembly, or meetings; and

       (d) The amount of any rent or donations is reasonable and does not exceed maintenance and operation expenses created by the user.

       Sec. 2. RCW 84.36.805 and 2001 1st sp.s. c 7 s 2 are each amended to read as follows:

       (1) In order to qualify for an exemption under this chapter ((and RCW 84.36.560)), the nonprofit organizations, associations, or corporations must satisfy the conditions in this section.

       (2) The property must be used exclusively for the actual operation of the activity for which exemption is granted, unless otherwise provided, and does not exceed an amount reasonably necessary for that purpose, except:

       (a) The loan or rental of the property does not subject the property to tax if:

       (i) The rents and donations received for the use of the portion of the property are reasonable and do not exceed the maintenance and operation expenses attributable to the portion of the property loaned or rented; and

       (ii) Except for the exemptions under RCW 84.36.030(4) ((and)), 84.36.037, and 84.36.060(1)(b), the property would be exempt from tax if owned by the organization to which it is loaned or rented;

       (b) The use of the property for fund-raising activities does not subject the property to tax if the fund-raising activities are consistent with the purposes for which the exemption is granted.

       (3) The property must be irrevocably dedicated to the purpose for which exemption has been granted, and on the liquidation, dissolution, or abandonment by said organization, association, or corporation, said property will not inure directly or indirectly to the benefit of any shareholder or individual, except a nonprofit organization, association, or corporation which too would be entitled to property tax exemption. This property need not be irrevocably dedicated if it is leased or rented to those qualified for exemption under this chapter or RCW 84.36.560 for leased property, but only if under the terms of the lease or rental agreement the nonprofit organization, association, or corporation receives the benefit of the exemption.

       (4) The facilities and services must be available to all regardless of race, color, national origin or ancestry.

       (5) The organization, association, or corporation must be duly licensed or certified where such licensing or certification is required by law or regulation.

       (6) Property sold to organizations, associations, or corporations with an option to be repurchased by the seller shall not qualify for exempt status. This subsection does not apply to property sold to a nonprofit entity, as defined in RCW 84.36.560(7), by:

       (a) A nonprofit as defined in RCW 84.36.800 that is exempt from income tax under section 501(c) of the federal internal revenue code;

       (b) A governmental entity established under RCW 35.21.660, 35.21.670, or 35.21.730;

       (c) A housing authority created under RCW 35.82.030;

       (d) A housing authority meeting the definition in RCW 35.82.210(2)(a); or

       (e) A housing authority established under RCW 35.82.300.

       (7) The department shall have access to its books in order to determine whether the nonprofit organization, association, or corporation is exempt from taxes under this chapter ((and RCW 84.36.560)).

       (8) This section does not apply to exemptions granted under RCW 84.36.020, 84.36.032, 84.36.250, and 84.36.260."


MOTION


      Senator Honeyford moved that the following striking amendment by Senators Honeyford and Rossi be adopted:                Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 84.36.060 and 1995 c 306 s 1 are each amended to read as follows:

       (1) The following property shall be exempt from taxation:

       (((1))) (a) All art, scientific, or historical collections of associations maintaining and exhibiting such collections for the benefit of the general public and not for profit, together with all real and personal property of such associations used exclusively for the safekeeping, maintaining and exhibiting of such collections; ((and))

       (b) All the real and personal property owned by or leased to associations engaged in the production and performance of musical, dance, artistic, dramatic, or literary works for the benefit of the general public and not for profit, which real and personal property is used exclusively for this production or performance;

       (c) All fire engines and other implements used for the extinguishment of fire, and the buildings used exclusively for their safekeeping, and for meetings of fire companies, as long as the property belongs to any city or town or to a fire company; and

       (d) All property owned by humane societies in this state in actual use by the societies.

       (((a))) (2) To receive ((this)) an exemption under subsection (1)(a) or (b) of this section:

       (a) An organization must be organized and operated exclusively for artistic, scientific, historical, literary, musical, dance, dramatic, or educational purposes and receive a substantial part of its support (exclusive of income received in the exercise or performance by such organization of its purpose or function) from the United States or any state or any political subdivision thereof or from direct or indirect contributions from the general public.

       (b) If the property is not currently being used for an exempt purpose but will be used for an exempt purpose within a reasonable period of time, the nonprofit organization, association, or corporation claiming the exemption must submit proof that a reasonably specific and active program is being carried out to construct, remodel, or otherwise enable the property to be used for an exempt purpose. The property does not qualify for an exemption during this interim period if the property is used by, loaned to, or rented to a for-profit organization or business enterprise. Proof of a specific and active program to build or remodel the property so it may be used for an exempt purpose may include, but is not limited to:

       (i) Affirmative action by the board of directors, trustees, or governing body of the nonprofit organization, association, or corporation toward an active program of construction or remodeling;

       (ii) Itemized reasons for the proposed construction or remodeling;

       (iii) Clearly established plans for financing the construction or remodeling; or

       (iv) Building permits.

       (((c) Notwithstanding (b) of this subsection, a for-profit limited partnership created to provide facilities for the use of nonprofit art, scientific, or historical organizations qualifies for the exemption under (b) of this subsection through 1997 if the for-profit limited partnership otherwise qualifies under (b) of this subsection.

       (2) All fire engines and other implements used for the extinguishment of fire, with the buildings used exclusively for the safekeeping thereof, and for meetings of fire companies, provided such properties belong to any city or town or to a fire company therein.))

       (3) ((Property owned by humane societies in this state in actual use by such societies)) The use of property exempt under subsection (1)(a) or (b) of this section by entities not eligible for a property tax exemption under this chapter, except as provided in this section, nullifies the exemption otherwise available for the property for the assessment year. The exemption is not nullified if:

       (a) The property is used by entities not eligible for a property tax exemption under this chapter for periods of not more than fifteen days in the calendar year;

       (b) The property is not used for pecuniary gain or to promote business activities for more than seven of the fifteen days in the calendar year;

       (c) The property is used for artistic, scientific, or historic purposes, for the production and performance of musical, dance, artistic, dramatic, or literary works, or for community gatherings or assembly, or meetings; and

       (d) The amount of any rent or donations is reasonable and does not exceed maintenance and operation expenses created by the user.

       Sec. 2. RCW 84.36.805 and 2001 1st sp.s. c 7 s 2 are each amended to read as follows:

       (1) In order to qualify for an exemption under this chapter ((and RCW 84.36.560)), the nonprofit organizations, associations, or corporations must satisfy the conditions in this section.

       (2) The property must be used exclusively for the actual operation of the activity for which exemption is granted, unless otherwise provided, and does not exceed an amount reasonably necessary for that purpose, except:

       (a) The loan or rental of the property does not subject the property to tax if:

       (i) The rents and donations received for the use of the portion of the property are reasonable and do not exceed the maintenance and operation expenses attributable to the portion of the property loaned or rented; and

       (ii) Except for the exemptions under RCW 84.36.030(4) ((and)), 84.36.037, and 84.36.060(1)(a) and (b), the property would be exempt from tax if owned by the organization to which it is loaned or rented;

       (b) The use of the property for fund-raising activities does not subject the property to tax if the fund-raising activities are consistent with the purposes for which the exemption is granted.

       (3) The property must be irrevocably dedicated to the purpose for which exemption has been granted, and on the liquidation, dissolution, or abandonment by said organization, association, or corporation, said property will not inure directly or indirectly to the benefit of any shareholder or individual, except a nonprofit organization, association, or corporation which too would be entitled to property tax exemption. This property need not be irrevocably dedicated if it is leased or rented to those qualified for exemption under this chapter or RCW 84.36.560 for leased property, but only if under the terms of the lease or rental agreement the nonprofit organization, association, or corporation receives the benefit of the exemption.

       (4) The facilities and services must be available to all regardless of race, color, national origin or ancestry.

       (5) The organization, association, or corporation must be duly licensed or certified where such licensing or certification is required by law or regulation.

       (6) Property sold to organizations, associations, or corporations with an option to be repurchased by the seller shall not qualify for exempt status. This subsection does not apply to property sold to a nonprofit entity, as defined in RCW 84.36.560(7), by:

       (a) A nonprofit as defined in RCW 84.36.800 that is exempt from income tax under section 501(c) of the federal internal revenue code;

       (b) A governmental entity established under RCW 35.21.660, 35.21.670, or 35.21.730;

       (c) A housing authority created under RCW 35.82.030;

       (d) A housing authority meeting the definition in RCW 35.82.210(2)(a); or

       (e) A housing authority established under RCW 35.82.300.

       (7) The department shall have access to its books in order to determine whether the nonprofit organization, association, or corporation is exempt from taxes under this chapter ((and RCW 84.36.560)).

       (8) This section does not apply to exemptions granted under RCW 84.36.020, 84.36.032, 84.36.250, and 84.36.260."

       Renumber the sections consecutively and correct any internal references accordingly.


MOTION


      Senator Rossi moved that the following amendments to the striking amendment by Senators Honeyford and Rossi be considered simultaneously and be adopted:

       On page 2, line 35, of the amendment, after "not more than", strike "fifteen" and insert "twenty-five"

       On page 2, line 38 of the amendment, after "of the" strike "fifteen" and insert "twenty-five"

       Renumber the sections consecutively and correct any internal references accordingly.

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendments by Senators Honeyford and Rossi on page 2, lines 35 and 38, to the striking amendment by Senators Honeyford and Rossi to House Bill No. 1907.

      The motion by Senator Rossi carried and the amendments to the striking amendment were adopted.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Honeyford and Rossi, as amended, to House Bill No. 1907.

      The motion by Senator Honeyford carried and the striking amendment, as amended, was adopted.

      There being no objection, the following title amendment was adopted: 

       On page 1, line 4 of the title, after "works;" strike the remainder of the title and insert "and amending RCW 84.36.060 and 84.36.805."


MOTION


      On motion of Senator Rossi the rules were suspended, House Bill No 1905, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1905, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1905, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Voting nay: Senator Kastama - 1.

      HOUSE BILL NO. 1905, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


PERSONAL PRIVILEGE


      Senator Thibaudeau: “A point of personal privilege, Mr. President. Mr. President and members of the Senate, I feel compelled to rise on this occasion and talk about the tragedy of the looting of the museums and libraries in Iraq. We are very fortunate here and I just want to comment and to remind us all. Thank you.”


SECOND READING


      HOUSE BILL NO. 1635, by Representatives Pettigrew, Boldt, Kagi, Edwards and Kenney (by request of Department of Social and Health Services)

 

Revising reporting requirements for income and resources under the public assistance program.


      The bill was read the second time.


MOTION


      On motion of Senator Stevens, the following Committee on Children and Family Services and Corrections striking amendment was not adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 74.04.300 and 1998 c 79 s 7 are each amended to read as follows:

       If a recipient receives public assistance and/or food stamps or food stamp benefits transferred electronically for which the recipient is not eligible, or receives public assistance and/or food stamps or food stamp benefits transferred electronically in an amount greater than that for which the recipient is eligible, the portion of the payment to which the recipient is not entitled shall be a debt due the state recoverable under RCW 43.20B.030 and 43.20B.620 through 43.20B.645. It shall be the duty of recipients of ((public assistance and/or food stamps or food stamp)) cash benefits ((transferred electronically)) to notify the department ((within twenty days of the receipt or possession of all income or resources not previously declared to the department)) of changes to earned income as defined in RCW 74.04.005(11). It shall be the duty of recipients of cash benefits to notify the department of changes to liquid resources as defined in RCW 74.04.005(10) that they believe would make them ineligible for cash benefits. It shall be the duty of recipients of food benefits to report changes in income that they believe would make them ineligible for food benefits. All recipients shall report changes required in this section by the tenth of the month following the month in which the change occurs. The department shall adopt rules consistent with federal law and regulations for additional reporting requirements. The department shall advise applicants for assistance that failure to report as required, failure to reveal resources or income, and false statements will result in recovery by the state of any overpayment and may result in criminal prosecution.

       The department shall make a determination regarding eligibility and notify the recipient within thirty days from the time the recipient reports a change as required by this section. If the department fails to notify the recipient within this time frame, the department forfeits any right to recover the overpayment."


MOTION


      Senator Hargrove moved that the following striking amendment by Senators Hargrove and Stevens be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 74.04.300 and 1998 c 79 s 7 are each amended to read as follows:

       If a recipient receives public assistance and/or food stamps or food stamp benefits transferred electronically for which the recipient is not eligible, or receives public assistance and/or food stamps or food stamp benefits transferred electronically in an amount greater than that for which the recipient is eligible, the portion of the payment to which the recipient is not entitled shall be a debt due the state recoverable under RCW 43.20B.030 and 43.20B.620 through 43.20B.645. It shall be the duty of recipients of ((public assistance and/or food stamps or food stamp)) cash benefits ((transferred electronically)) to notify the department ((within twenty days of the receipt or possession of all income or resources not previously declared to the department)) of changes to earned income as defined in RCW 74.04.005(11). It shall be the duty of recipients of cash benefits to notify the department of changes to liquid resources as defined in RCW 74.04.005(10) that would result in ineligibility for cash benefits. It shall be the duty of recipients of food benefits to report changes in income that result in ineligibility for food benefits. All recipients shall report changes required in this section by the tenth of the month following the month in which the change occurs. The department shall make a determination of eligibility within ten days from the date it receives the reported change from the recipient. The department shall adopt rules consistent with federal law and regulations for additional reporting requirements. The department shall advise applicants for assistance that failure to report as required, failure to reveal resources or income, and false statements will result in recovery by the state of any overpayment and may result in criminal prosecution."


POINT OF INQUIRY


      Senator Fairley: “Senator Hargrove, what happens if the agency is unable to make this determination within ten days?”

      Senator Hargrove: “They told me that that was their practice. They are doing it within ten days now. The original bill just basically said, ‘go forth and do good.’ I wanted them to put in the code exactly what they are doing, so they couldn’t change it on us later.”

      Senator Fairley: “Thank you.”


POINT OF INQUIRY


      Senator Thibaudeau: “Senator Hargrove, how many FTEs are required to do this--under you amendment?”

      Senator Hargrove: “There will be no more. This is current practice–what they are doing. The bill is intended to simplify the reporting and this will bring them into line with exactly what their current practice is.”

      Senator Thibaudeau: “So, the sanctions mentioned in the bill report could amount to millions of dollars--could not be offered”

      Senator Hargrove: “That is the point. We are potentially at risk as a state of losing several million dollars, because of our error rate on either accepting or not accepting people under these programs.”

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Hargrove and Stevens to House Bill No. 1635.

      The motion by Senator Hargrove carried and the striking amendment was adopted.

      There being no objection, the following title amendment was adopted:

       On page 1, line 2 of the title, after "program;" strike the remainder of the title and insert "and amending RCW 74.04.300."

 

MOTION

 

      On motion of Senator Stevens, the rules were suspended, House Bill No 1635, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1635, as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1635, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Absent: Senator Deccio - 1.

      HOUSE BILL NO. 1635, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1852, by House Committee on Higher Education (originally sponsored by Representatives Schual-Berke, Conway, Cox, Cody, Kenney, Pflug, Clements, O'Brien, Chase, Morrell, Veloria and Skinner)

 

Facilitating collaboration among health care work force stakeholders to address the health care personnel shortage.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Winsley, the rules were suspended, Engrossed Substitute House Bill No. 1852 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1852.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1852 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1852, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 2040, by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Santos and Benson (by request of Insurance Commissioner Kreidler)

 

Establishing liability for taxes on unlawful or delinquent insurers or taxpayers.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Benton, the rules were suspended, Substitute House Bill No. 2040 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2040.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 2040 and the bill passed the Senate by the following vote:

Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SUBSTITUTE HOUSE BILL NO. 2040, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

MOTION

 

      On motion of Senator Sheahan, Senator Zarelli was excused.

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1250, by House Committee on Agriculture and Natural Resources (originally sponsored by Representatives Eickmeyer, Schoesler, Linville, Sump, Quall and Mielke) (by request of Commissioner of Public Lands Sutherland)

 

Determining annual rental rates for the lease of state-owned aquatic lands for qualifying marinas.

 

      The bill was read the second time.

 

MOTION

 

      Senator Morton moved that the following Committee on Natural Resources, Energy and Water striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 79.90.480 and 1998 c 185 s 2 are each amended to read as follows:

       Except as otherwise provided by this chapter, annual rent rates for the lease of state-owned aquatic lands for water-dependent uses shall be determined as follows:

       (1)(a) The assessed land value, exclusive of improvements, as determined by the county assessor, of the upland tax parcel used in conjunction with the leased area or, if there are no such uplands, of the nearest upland tax parcel used for water-dependent purposes divided by the parcel area equals the upland value.

       (b) The upland value times the area of leased aquatic lands times thirty percent equals the aquatic land value.

       (2) As of July 1, 1989, and each July 1 thereafter, the department shall determine the real capitalization rate to be applied to water- dependent aquatic land leases commencing or being adjusted under subsection (3)(a) of this section in that fiscal year. The real capitalization rate shall be the real rate of return, except that until June 30, 1989, the real capitalization rate shall be five percent and thereafter it shall not change by more than one percentage point in any one year or be more than seven percent or less than three percent.

       (3) The annual rent shall be:

       (a) Determined initially, and redetermined every four years or as otherwise provided in the lease, by multiplying the aquatic land value times the real capitalization rate; and

       (b) Adjusted by the inflation rate each year in which the rent is not determined under subsection (3)(a) of this section.

       (4) If the upland parcel used in conjunction with the leased area is not assessed or has an assessed value inconsistent with the purposes of the lease, the nearest comparable upland parcel used for similar purposes shall be substituted and the lease payment determined in the same manner as provided in this section.

       (5) For the purposes of this section, "upland tax parcel" is a tax parcel, some portion of which has upland characteristics. Filled tidelands or shorelands with upland characteristics which abut state- owned aquatic land shall be considered as uplands in determining aquatic land values.

       (6) The annual rent for filled state-owned aquatic lands that have the characteristics of uplands shall be determined in accordance with RCW 79.90.500 in those cases in which the state owns the fill and has a right to charge for the fill.

       (7)(a) For leases for marina uses only, ((beginning on June 11, 1998)) as of July 1, 2004, ((the annual rental rates in effect on December 31, 1997, shall remain in effect until July 1, 1999, at which time the annual water-dependent rent shall be determined by the method in effect at that time. In order to be eligible for the rate to remain at this level, a marina lease must be in good standing, meaning that the lessee must be current with payment of rent, the lease not expired or in approved holdover status, and the lessee not in breach of other terms of the agreement)) lease rates will be a percentage of the annual gross revenues generated by that marina. It is the intent of the legislature that additional legislation be enacted prior to July 1, 2004, to establish the percentage of gross revenues that will serve as the basis for a marina's rent and a definition of gross revenues. Annual rent must be recalculated each year based upon the marina's gross revenues from the previous year, as reported to the department consistent with this subsection (7).

       (b) By December 31, 2003, the department will develop a recommended formula for calculating marina rents consistent with this subsection (7) and report the recommendation to the legislature. The formula recommended by the department must include a percentage or a range of percentages of gross revenues, a system for implementing such percentages, and the designation of revenue sources to be considered for rent calculation purposes. The department must also ensure, given the available information, that the rent formula recommended by the department is initially calculated to maintain state proceeds from marina rents as of July 1, 2003, and that if the department does not receive income reporting forms representing at least ninety percent of the projected annual marina revenue and at least seventy-five percent of all marinas, the current model for calculating marina rents, as described in subsections (1) through (6) of this section, will continue to be the method used to calculate marina rents, and the income method, as described in (a) of this subsection, will not be applied. In addition to the percent of marina income, the department shall determine its direct administrative costs (cost of hours worked directly on applications and leases, based on salaries and benefits, plus travel reimbursement and other actual out-of-pocket costs) to calculate, audit, execute, and monitor marina leases, and shall recover these costs from lessees. All administrative costs recovered by the department must be deposited into the resource management cost account created in RCW 79.64.020. Prior to making recommendations to the legislature, a work session consisting of the department, marina owners, and stakeholders must be convened to discuss the rate-setting criteria. The legislature directs the department to deliver recommendations to the legislature by December 2003, including any minority reports by the participating parties.

       (c) When developing its recommendation for a marina lease formula consistent with this subsection (7), the department shall ensure that the percentage of revenue established is applied to the income of the direct lessee, as well as to the income of any person or entity that subleases, or contracts to operate the marina, with the direct lessee, less the amount paid by the sublease to the direct lessee.

       (d) All marina operators under lease with the department must return to the department an income reporting form, provided by the department, and certified by a licensed certified public accountant, before July 1, 2003, and again annually on a date set by the department. On the income reporting form, the department may require a marina to disclose to the department any information about income from all marina-related sources, excluding restaurants and bars. All income reports submitted to the department are subject to either audit or verification, or both, by the department, and the department may inspect all of the lessee's books, records, and documents, including state and federal income tax returns relating to the operation of the marina and leased aquatic lands at all reasonable times. If the lessee fails to submit the required income reporting form once the new method for calculating marina rents is effective, the department may conduct an audit at the lessee's expense or cancel the lease.

       (e) Initially, the marina rent formula developed by the department pursuant to (b) of this subsection will be applied to each marina on its anniversary date, beginning on July 1, 2004, and will be based on that marina's 2003 income information. Thereafter, rents will be recalculated each year, based on the marina's gross revenue from the previous year.

       (f) No marina lease may be for less than five hundred dollars plus direct administrative costs.

       (8) For all new leases for ((marinas, or any)) other water- dependent uses, issued after December 31, 1997, the initial annual water-dependent rent shall be determined by the methods in subsections (1) through (6) of this section.

       NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the Committee on Natural Resources, Energy and Water striking amendment to Substitute House Bill No. 1250.

      The motion by Senator Morton carried and the striking amendment was adopted.

      There being no objection, the following title amendment was adopted:

       On page 1, line 2 of the title, after "moorage;" strike the remainder of the title and insert "amending RCW 79.90.480; and declaring an emergency."

 

MOTION

 

      On motion of Senator Morton, the rules were suspended, Substitute House Bill No 1250, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1250, as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1250, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 48.

     Excused: Senator Zarelli - 1.

      SUBSTITUTE HOUSE BILL NO. 1250, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1153, by House Committee on State Government (originally sponsored by Representatives Haigh, Miloscia, Armstrong, Hunt, Nixon, Shabro and Mielke) (by request of Secretary of State Reed)

 

Managing confidential records.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Kastama, the rules were suspended, Substitute House Bill No. 1153 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1153.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1153 and the bill passed the Senate by the following vote:

Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 48.

     Excused: Senator Zarelli - 1.

      SUBSTITUTE HOUSE BILL NO. 1153, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

      HOUSE BILL NO. 1102, by Representatives Murray, Ericksen, Rockefeller, Wood and Mielke

 

Revising the provision for exchange agreements for environmental mitigation sites.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Horn, the following Committee on Highways and Transportation striking amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 47.12.370 and 2002 c 188 s 1 are each amended to read as follows:

       (1) The department may enter into exchange agreements with local, state, or federal agencies, tribal governments, or private nonprofit ((groups incorporated in this state that are organized for environmental conservation purposes)) nature conservancy corporations as defined in RCW 64.04.130, to convey properties under the jurisdiction of the department that serve as environmental mitigation sites, as full or part consideration for the grantee assuming all future maintenance and operation obligations and costs required to maintain and operate the environmental mitigation site in perpetuity.

       (2) Tribal governments shall only be eligible to participate in an exchange agreement if they:

       (a) Provide the department with a valid waiver of their tribal sovereign immunity from suit. The waiver must allow the department to enforce the terms of the exchange agreement or quitclaim deed in state court; and

       (b) Agree that the property shall not be placed into trust status.

       (3) The conveyances must be by quitclaim deed, or other form of conveyance, executed by the secretary of transportation, and must expressly restrict the use of the property to a mitigation site consistent with preservation of the functions and values of the site, and must provide for the automatic reversion to the department if the property is not used as a mitigation site or is not maintained in a manner that complies with applicable permits, laws, and regulations pertaining to the maintenance and operation of the mitigation site."

      There being no objection, the following title amendment was adopted:

       On page 1, line 2 of the title, after "sites;" strike the remainder of the title and insert "and amending RCW 47.12.370."

 

MOTION

 

      On motion of Senator Horn, the rules were suspended, House Bill No 1102, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

 

POINT OF INQUIRY

 

      Senator Oke: “Senator Horn, you mentioned the nature conservancy organization. Would that include organizations such as the regional fisheries enhancement groups?”

      Senator Horn: “Senator Oke, that would include central organizations, yes.”

      Senator Oke: “Thank you.”

      Further debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1102, as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1102, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 3; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.

     Voting nay: Senators Morton, Mulliken and Stevens - 3.

      HOUSE BILL NO. 1102, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1278, by House Committee on Finance (originally sponsored by Representatives Conway, Cairnes, Kirby and Bush)

 

Listing property for tax purposes.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Kastama, the rules were suspended, Substitute House Bill No. 1278 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1278.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1278, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SUBSTITUTE HOUSE BILL NO. 1278, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1837, by House Committee on Health Care (originally sponsored by Representatives Linville, Cody, Haigh, Schual-Berke, Santos, Morrell, Veloria and Chase)

 

Authorizing certain fire protection districts to establish health clinic services.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Winsley, the rules were suspended, Substitute House Bill No. 1837 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1837.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1837 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SUBSTITUTE HOUSE BILL NO. 1837, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

      HOUSE BILL NO. 1179, by Representatives Veloria, Roach, Bush, Kenney, Kessler, Grant and Chase (by request of Lieutenant Governor Owen)

 

      Renaming the legislative committee on economic development the legislative committee on economic development and international relations.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Tim Sheldon, the rules were suspended, House Bill No. 1179 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1179.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1179 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Absent: Senator Deccio - 1.

      HOUSE BILL NO. 1179, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1609, by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives O'Brien and Buck) (by request of Sentencing Guidelines Commission)

 

Requiring a plan to establish pilot regional correctional facilities.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Stevens, the following Committee on Children and Family Services and Corrections striking amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature finds that numerous changes to the sentencing reform act, chapter 9.94A RCW, as reported by the sentencing guidelines commission, have resulted in increases in the length of local jail and state prison sentences and in the number of local jail and state prison inmates. The intent of the sentencing reform act, particularly provisions regarding protection of the public, reduction of the risk of reoffense, and making frugal use of state and local government resources, would best be served, in many instances, by local and state corrections authorities sharing resources and jurisdiction over regional correctional facilities.

       NEW SECTION. Sec. 2. (1) Not later than December 31, 2003, the sentencing guidelines commission shall present to the legislature a plan for establishing pilot regional correctional facilities.

       (2) The plan for establishing pilot regional correctional facilities must include, but is not limited to, the following:

       (a) A plan for increasing the space availability in local and county jails for pretrial detainees;

       (b) An efficient and effective plan for joint use of total confinement beds by local and state government;

       (c) A description of proposed shared and/or revised jurisdiction and operational responsibility, including the possibility of establishing a regional corrections authority;

       (d) A summary of proposed changes to the criminal code reflecting revised housing jurisdiction;

       (e) A plan to account for the inmate population eligible for placement in pilot regional correctional facilities which includes: Pretrial detainees, inmates serving sentences of sixty days to twenty- four months, and inmates serving terms of confinement totaling more than one year.

       (I) Other than pretrial detainees, only inmates serving sentences of sixty days to twenty-four months are eligible for placement in regional correctional facilities.

       (ii) Regional correctional facilities must accept inmates serving terms of confinement totaling more than one year;

       (f) A review of treatment services and programs intended to meet the needs of special populations including drug and substance abuse, mental health, and special medical needs;

       (g) An estimate of potential benefits to local and county jail operators and to the state, which could be realized by implementation of pilot programs;

       (h) A proposed method for identifying pilot regional correctional facility sites;

       (I) A methodology for evaluating the costs benefit of operation of pilot facilities; and

       (j) Recommendations for sharing capacity, resources, and funding of the construction and operation cost of the facilities."

      There being no objection, the following title amendment was adopted:

       On page 1, line 1 of the title, after "facilities;" strike the remainder of the title and insert "and creating new sections."

 

MOTION

 

      On motion of Senator Stevens, the rules were suspended, Substitute House Bill No 1609, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1609, as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1609, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SUBSTITUTE HOUSE BILL NO. 1609, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1689, by House Committee on Agriculture and Natural Resources (originally sponsored by Representatives Linville, Schoesler, Cooper, Chandler, Holmquist and Hatfield)

 

Implementing the federal permit requirements for municipal separate storm sewer system permits.

 

      The bill was read the second time.

 

MOTION

 

      Senator Morton moved that the following Committee on Natural Resources, Energy and Water striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature intends to provide direction to the department of ecology and to municipalities regarding the development and implementation in Washington of phase two of the national pollutant discharge elimination system permit program required by the federal clean water act (33 U.S.C. Sec. 1251 et seq.).

       NEW SECTION. Sec. 2. (1) The department of ecology shall establish a permit development advisory group for the geographic areas draining to Puget Sound in western Washington to advise and assist the department regarding permits for municipal separate storm sewer systems. The permit development advisory group, which may include up to eighteen members, of which at least half shall be representatives of local government, shall:

       (a) Review and address the issues specified in section 5 of this act and any other issues regarding municipal separate storm sewer systems for which the department of ecology requests advice and assistance; and

       (b) Advise and assist the department of ecology in drafting a permit or permits for municipal separate storm sewer systems in western Washington as required by federal regulations implementing phase two of the national pollutant discharge elimination system permit program under the federal clean water act (33 U.S.C. Sec. 1251 et seq.).

       (2) This section expires June 30, 2005.

       NEW SECTION. Sec. 3. (1) The department of ecology shall develop a municipal separate storm sewer system permit or permits that address the issues and needs of municipalities operating these systems in eastern Washington. The department shall use the existing storm water advisory group it has established in eastern Washington to advise and assist the department regarding permits for municipal separate storm sewer systems to be issued in eastern Washington. The eastern Washington storm water advisory group shall:

       (a) Review and address the issues specified in section 5 of this act as they pertain to eastern Washington and any other issues regarding municipal separate storm sewer systems for which the department of ecology requests advice and assistance; and

       (b) Assist and advise the department of ecology in drafting a permit or permits for municipal separate storm sewer systems in eastern Washington as required by federal regulations implementing phase two of the national pollutant discharge elimination system permit program under the federal clean water act (33 U.S.C. Sec. 1251 et seq.).

       (2) This section expires June 30, 2005.

 

 

       NEW SECTION. Sec. 4. (1) The department of ecology shall establish a permit development advisory group for the coastal and southwest areas in western Washington to advise and assist the department regarding permits for municipal separate storm sewer systems. The permit development advisory group shall:

       (a) Review and address the issues specified in section 5 of this act and any other issues regarding municipal separate storm sewer systems for which the department requests advice and assistance; and

       (b) Advise and assist the department in drafting a permit or permits for municipal separate storm sewer systems in coastal and southwest Washington as required by federal regulations implementing phase two of the national pollutant discharge elimination system permit program under the federal clean water act (33 U.S.C. Sec. 1251 et seq.).

       (2) This section expires June 30, 2005.

       NEW SECTION. Sec. 5. (1) The permit development advisory group for Puget Sound areas in western Washington established in section 2 of this act, the eastern Washington storm water advisory group identified in section 3 of this act, and the permit development advisory group for coastal and southwest areas in western Washington established in section 4 of this act shall review and make recommendations to the department of ecology regarding the development of permits for municipal separate storm sewer systems. Issues considered by these groups shall include the:

       (a) Types of discharges being regulated under these permits;

       (b) Areas being regulated by these permits under phases one and two of the federal national pollutant discharge elimination system permit program as they relate to municipal borders;

       (c) Issuance of these permits on a watershed basis;

       (d) Integration of permits and permit requirements for phase one and phase two of the federal national pollutant discharge elimination system permit program;

       (e) Application of these permits to ground water discharges;

       (f) Level of effort required of municipalities to satisfy permit requirements regarding:

       (i) Public education and outreach;

       (ii) Public participation and public involvement;

       (iii) Illicit discharge detection and elimination;

       (iv) Construction site runoff control;

       (v) Postconstruction runoff control;

       (vi) Pollution prevention and good housekeeping;

       (vii) Implementation of applicable total maximum daily loads; and

       (viii) Program evaluation and reporting;

       (g) Protection for shellfish areas;

       (h) Costs and benefits associated with each permit element not required under federal law;

       (i) The use of land use planning and existing land use plans and rules as a best management practice for storm water management; and

       (j) Potential funding sources for implementation of permit requirements.

       (2) This section expires June 30, 2005.

       NEW SECTION. Sec. 6. (1) No later than December 1, 2003, the department of ecology shall submit a progress report regarding the work of the western Washington permit development advisory group established in section 2 of this act and the eastern Washington storm water advisory group identified in section 3 of this act to the appropriate committees of the legislature.

       (2) After the permits are developed but no later than December 1, 2004, the department of ecology shall submit a final report to the appropriate committees of the legislature regarding these permits and the work of the advisory groups. The department shall also identify any legislative recommendations from these groups or from the department based on the work of these groups."

 

MOTION

 

      On motion of Senator Morton, the following amendments by Senators Morton and Hargrove to the Committee on Natural Resources, Energy and Water striking amendment were considered simultaneously and were adopted:

       On page 1, line 20 of the amendment, after "systems" insert "in geographic areas draining to Puget Sound"

       On page 3, beginning on line 33 of the amendment, after "the" strike all material through "3" on line 35 of the amendment, and insert "permit development advisory groups established and identified in sections 2, 3, and 4"

      The President declared the question before the Senate to be the adoption of the Committee on Natural Resources, Energy and Water striking amendment, as amended.

      The motion by Senator Morton carried and the committee amendment, as amended, was adopted.

      There being no objection, the following title amendment was adopted:

       On page 1, line 2 of the title, after "permits;" strike the remainder of the title and insert "creating new sections; and providing expiration dates."

 

MOTION

 

      On motion of Senator Morton, the rules were suspended, Engrossed Substitute House Bill No 1689, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1689, as amended by the Senate.

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1689, as amended by the Senate, and the bill passed the Senate by the following vote:.Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1689, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

      HOUSE BILL NO. 1350, by Representatives Flannigan and Moeller (by request of Office of the Code Reviser)

 

Repealing RCW 42.44.040.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Esser, the rules were suspended, House Bill No. 1350 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1350.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1350 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

       Absent: Senator Rossi - 1.

      HOUSE BILL NO. 1350, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

      HOUSE BILL NO. 1108, by Representatives Chase, DeBolt, Lovick, Ahern, Moeller, Blake, McCoy, Eickmeyer, Sump, O'Brien, Mielke and Haigh

 

Establishing penalties for harming a police horse.

 

      The bill was read the second time.

 

MOTION

 

      Senator Kline moved that the following amendment by Senators Kline and Brandland be adopted:

       On page 1, after line 18, insert the following:

       "Sec. 2. RCW 9.94A.515 and 2002 c 340 s 2, 2002 c 324 s 2, 2002 c 290 s 2, 2002 c 253 s 4, 2002 c 229 s 2, 2002 c 134 s 2, and 2002 c 133 s 4 are each reenacted and amended to read as follows:

 

 

TABLE 2

 

 

CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

 

XVI

Aggravated Murder 1 (RCW 10.95.020)

 

XV

Homicide by abuse (RCW 9A.32.055)

 

 

Malicious explosion 1 (RCW 70.74.280(1))

 

 

Murder 1 (RCW 9A.32.030)

 

XIV

Murder 2 (RCW 9A.32.050)

 

XIII

Malicious explosion 2 (RCW 70.74.280(2))

 

 

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

 

XII

Assault 1 (RCW 9A.36.011)

 

 

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

 

 

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

 

 

Rape 1 (RCW 9A.44.040)

 

 

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

 

XI

Manslaughter 1 (RCW 9A.32.060)

 

 

Rape 2 (RCW 9A.44.050)

 

 

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

 

X

Child Molestation 1 (RCW 9A.44.083)

 

 

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

 

 

Kidnapping 1 (RCW 9A.40.020)

 

 

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

 

 

Malicious explosion 3 (RCW 70.74.280(3))

 

 

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

 

 

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

 

 

Sexually Violent Predator Escape (RCW 9A.76.115)

 

IX

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

 

 

Controlled Substance Homicide (RCW 69.50.415)

 

 

Explosive devices prohibited (RCW 70.74.180)

 

 

Hit and Run--Death (RCW 46.52.020(4)(a))

 

 

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

 

 

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

 

 

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

 

 

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

 

 

Robbery 1 (RCW 9A.56.200)

 

 

Sexual Exploitation (RCW 9.68A.040)

 

 

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

 

VIII

Arson 1 (RCW 9A.48.020)

 

 

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

 

 

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

 

 

Manslaughter 2 (RCW 9A.32.070)

 

 

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

 

 

Manufacture, deliver, or possess with intent to deliver heroin or cocaine (when the offender has a criminal history in this state or any other state that includes a sex offense or serious violent offense or the Washington equivalent) (RCW 69.50.401(a)(1)(i))

 

 

Possession of Ephedrine or any of its Salts or Isomers or Salts of Isomers, Pseudoephedrine or any of its Salts or Isomers or Salts of Isomers, Pressurized Ammonia Gas, or Pressurized Ammonia Gas Solution with intent to manufacture methamphetamine (RCW 69.50.440)

 

 

Promoting Prostitution 1 (RCW 9A.88.070)

 

 

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

 

 

Theft of Ammonia (RCW 69.55.010)

 

 

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

 

VII

Burglary 1 (RCW 9A.52.020)

 

 

Child Molestation 2 (RCW 9A.44.086)

 

 

Civil Disorder Training (RCW 9A.48.120)

 

 

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

 

 

Drive-by Shooting (RCW 9A.36.045)

 

 

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

 

 

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

 

 

Introducing Contraband 1 (RCW 9A.76.140)

 

 

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

 

 

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

 

 

Manufacture, deliver, or possess with intent to deliver heroin or cocaine (except when the offender has a criminal history in this state or any other state that includes a sex offense or serious violent offense or the Washington equivalent) (RCW 69.50.401(a)(1)(i))

 

 

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

 

 

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

 

 

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

 

 

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

 

VI

Bail Jumping with Murder 1 (RCW 9A.76.170(3)(a))

 

 

Bribery (RCW 9A.68.010)

 

 

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

 

 

Intimidating a Judge (RCW 9A.72.160)

 

 

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

 

 

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

 

 

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

 

 

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

 

 

Theft of a Firearm (RCW 9A.56.300)

 

 

Unlawful Storage of Ammonia (RCW 69.55.020)

 

V

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

 

 

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

 

 

Bail Jumping with class A Felony (RCW 9A.76.170(3)(b))

 

 

Child Molestation 3 (RCW 9A.44.089)

 

 

Criminal Mistreatment 1 (RCW 9A.42.020)

 

 

Custodial Sexual Misconduct 1 (RCW 9A.44.160)

 

 

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

 

 

Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145)

 

 

Extortion 1 (RCW 9A.56.120)

 

 

Extortionate Extension of Credit (RCW 9A.82.020)

 

 

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

 

 

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

 

 

Kidnapping 2 (RCW 9A.40.030)

 

 

Perjury 1 (RCW 9A.72.020)

 

 

Persistent prison misbehavior (RCW 9.94.070)

 

 

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

 

 

Rape 3 (RCW 9A.44.060)

 

 

Rendering Criminal Assistance 1 (RCW 9A.76.070)

 

 

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

 

 

Sexually Violating Human Remains (RCW 9A.44.105)

 

 

Stalking (RCW 9A.46.110)

 

 

Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070(1))

 

IV

Arson 2 (RCW 9A.48.030)

 

 

Assault 2 (RCW 9A.36.021)

 

 

Assault by Watercraft (RCW 79A.60.060)

 

 

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

 

 

Cheating 1 (RCW 9.46.1961)

 

 

Commercial Bribery (RCW 9A.68.060)

 

 

Counterfeiting (RCW 9.16.035(4))

 

 

Endangerment with a Controlled Substance (RCW 9A.42.100)

 

 

Escape 1 (RCW 9A.76.110)

 

 

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

 

 

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

 

 

Identity Theft 1 (RCW 9.35.020(2)(a))

 

 

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

 

 

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

 

 

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

 

 

Malicious Harassment (RCW 9A.36.080)

 

 

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

 

 

Residential Burglary (RCW 9A.52.025)

 

 

Robbery 2 (RCW 9A.56.210)

 

 

Theft of Livestock 1 (RCW 9A.56.080)

 

 

Threats to Bomb (RCW 9.61.160)

 

 

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

 

 

Vehicular Assault, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (RCW 46.61.522)

 

 

Willful Failure to Return from Furlough (RCW 72.66.060)

 

III

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

 

 

Assault 3 (RCW 9A.36.031)

 

 

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

 

 

Bail Jumping with class B or C Felony (RCW 9A.76.170(3)(c))

 

 

Burglary 2 (RCW 9A.52.030)

 

 

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

 

 

Criminal Gang Intimidation (RCW 9A.46.120)

 

 

Criminal Mistreatment 2 (RCW 9A.42.030)

 

 

Custodial Assault (RCW 9A.36.100)

 

 

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

 

 

Escape 2 (RCW 9A.76.120)

 

 

Extortion 2 (RCW 9A.56.130)

 

 

Harassment (RCW 9A.46.020)

 

 

Intimidating a Public Servant (RCW 9A.76.180)

 

 

Introducing Contraband 2 (RCW 9A.76.150)

 

 

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

 

 

Malicious Injury to Railroad Property (RCW 81.60.070)

 

 

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

 

 

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

 

 

Patronizing a Juvenile Prostitute (RCW 9.68A.100)

 

 

Perjury 2 (RCW 9A.72.030)

 

 

Possession of Incendiary Device (RCW 9.40.120)

 

 

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

 

 

Promoting Prostitution 2 (RCW 9A.88.080)

 

 

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

 

 

Securities Act violation (RCW 21.20.400)

 

 

Tampering with a Witness (RCW 9A.72.120)

 

 

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

 

 

Theft of Livestock 2 (RCW 9A.56.080)

 

 

Unlawful Imprisonment (RCW 9A.40.040)

 

 

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

 

 

Unlawful Use of Building for Drug Purposes (RCW 69.53.010)

 

 

Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522)

 

 

Willful Failure to Return from Work Release (RCW 72.65.070)

 

II

Computer Trespass 1 (RCW 9A.52.110)

 

 

Counterfeiting (RCW 9.16.035(3))

 

 

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

 

 

Escape from Community Custody (RCW 72.09.310)

 

 

Harming a Police or Accelerant Detection Dog or Police Horse (RCW 9A.76.200)

 

 

Health Care False Claims (RCW 48.80.030)

 

 

Identity Theft 2 (RCW 9.35.020(2)(b))

 

 

Improperly Obtaining Financial Information (RCW 9.35.010)

 

 

Malicious Mischief 1 (RCW 9A.48.070)

 

 

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

 

 

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

 

 

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

 

 

Theft 1 (RCW 9A.56.030)

 

 

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

 

 

Trafficking in Insurance Claims (RCW 48.30A.015)

 

 

Unlawful Practice of Law (RCW 2.48.180)

 

 

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

 

I

Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

 

 

False Verification for Welfare (RCW 74.08.055)

 

 

Forged Prescription (RCW 69.41.020)

 

 

Forged Prescription for a Controlled Substance (RCW 69.50.403)

 

 

Forgery (RCW 9A.60.020)

 

 

Malicious Mischief 2 (RCW 9A.48.080)

 

 

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

 

 

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

 

 

Reckless Burning 1 (RCW 9A.48.040)

 

 

Taking Motor Vehicle Without Permission 2 (RCW 9A.56.070(2))

 

 

Theft 2 (RCW 9A.56.040)

 

 

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

 

 

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

 

 

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

 

 

Vehicle Prowl 1 (RCW 9A.52.095)

 

Sec. 3. RCW 9.94A.515 and 2002 c 340 s 2, 2002 c 324 s 2, 2002 c 290 s 7, 2002 c 253 s 4, 2002 c 229 s 2, 2002 c 134 s 2, and 2002 c 133 s 4 are each reenacted and amended to read as follows:

 

28

TABLE 2

 

 

CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

 

XVI

Aggravated Murder 1 (RCW 10.95.020)

 

XV

Homicide by abuse (RCW 9A.32.055)

 

 

Malicious explosion 1 (RCW 70.74.280(1))

 

 

Murder 1 (RCW 9A.32.030)

 

XIV

Murder 2 (RCW 9A.32.050)

 

XIII

Malicious explosion 2 (RCW 70.74.280(2))

 

 

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

 

XII

Assault 1 (RCW 9A.36.011)

 

 

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

 

 

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

 

 

Rape 1 (RCW 9A.44.040)

 

 

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

 

XI

Manslaughter 1 (RCW 9A.32.060)

 

 

Rape 2 (RCW 9A.44.050)

 

 

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

 

X

Child Molestation 1 (RCW 9A.44.083)

 

 

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

 

 

Kidnapping 1 (RCW 9A.40.020)

 

 

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

 

 

Malicious explosion 3 (RCW 70.74.280(3))

 

 

Sexually Violent Predator Escape (RCW 9A.76.115)

 

IX

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

 

 

Explosive devices prohibited (RCW 70.74.180)

 

 

Hit and Run--Death (RCW 46.52.020(4)(a))

 

 

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

 

 

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

 

 

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

 

 

Robbery 1 (RCW 9A.56.200)

 

 

Sexual Exploitation (RCW 9.68A.040)

 

 

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

 

VIII

Arson 1 (RCW 9A.48.020)

 

 

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

 

 

Manslaughter 2 (RCW 9A.32.070)

 

 

Promoting Prostitution 1 (RCW 9A.88.070)

 

 

Theft of Ammonia (RCW 69.55.010)

 

 

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

 

VII

Burglary 1 (RCW 9A.52.020)

 

 

Child Molestation 2 (RCW 9A.44.086)

 

 

Civil Disorder Training (RCW 9A.48.120)

 

 

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

 

 

Drive-by Shooting (RCW 9A.36.045)

 

 

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

 

 

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

 

 

Introducing Contraband 1 (RCW 9A.76.140)

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

VI

Bail Jumping with Murder 1 (RCW 9A.76.170(3)(a))

 

 

Bribery (RCW 9A.68.010)

 

 

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

 

 

Intimidating a Judge (RCW 9A.72.160)

 

 

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

 

 

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

 

 

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

 

 

Theft of a Firearm (RCW 9A.56.300)

 

 

Unlawful Storage of Ammonia (RCW 69.55.020)

 

V

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

 

 

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

 

 

Bail Jumping with class A Felony (RCW 9A.76.170(3)(b))

 

 

Child Molestation 3 (RCW 9A.44.089)

 

 

Criminal Mistreatment 1 (RCW 9A.42.020)

 

 

Custodial Sexual Misconduct 1 (RCW 9A.44.160)

 

 

Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145)

 

 

Extortion 1 (RCW 9A.56.120)

 

 

Extortionate Extension of Credit (RCW 9A.82.020)

 

 

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

 

 

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

 

 

Kidnapping 2 (RCW 9A.40.030)

 

 

Perjury 1 (RCW 9A.72.020)

 

 

Persistent prison misbehavior (RCW 9.94.070)

 

 

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

 

 

Rape 3 (RCW 9A.44.060)

 

 

Rendering Criminal Assistance 1 (RCW 9A.76.070)

 

 

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

 

 

Sexually Violating Human Remains (RCW 9A.44.105)

 

 

Stalking (RCW 9A.46.110)

 

 

Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070(1))

 

IV

Arson 2 (RCW 9A.48.030)

 

 

Assault 2 (RCW 9A.36.021)

 

 

Assault by Watercraft (RCW 79A.60.060)

 

 

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

 

 

Cheating 1 (RCW 9.46.1961)

 

 

Commercial Bribery (RCW 9A.68.060)

 

 

Counterfeiting (RCW 9.16.035(4))

 

 

Endangerment with a Controlled Substance (RCW 9A.42.100)

 

 

Escape 1 (RCW 9A.76.110)

 

 

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

 

 

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

 

 

Identity Theft 1 (RCW 9.35.020(2)(a))

 

 

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

 

 

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

 

 

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

 

 

Malicious Harassment (RCW 9A.36.080)

 

 

Residential Burglary (RCW 9A.52.025)

 

 

Robbery 2 (RCW 9A.56.210)

 

 

Theft of Livestock 1 (RCW 9A.56.080)

 

 

Threats to Bomb (RCW 9.61.160)

 

 

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

 

 

Vehicular Assault, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (RCW 46.61.522)

 

 

Willful Failure to Return from Furlough (RCW 72.66.060)

 

III

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

 

 

Assault 3 (RCW 9A.36.031)

 

 

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

 

 

Bail Jumping with class B or C Felony (RCW 9A.76.170(3)(c))

 

 

Burglary 2 (RCW 9A.52.030)

 

 

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

 

 

Criminal Gang Intimidation (RCW 9A.46.120)

 

 

Criminal Mistreatment 2 (RCW 9A.42.030)

 

 

Custodial Assault (RCW 9A.36.100)

 

 

Escape 2 (RCW 9A.76.120)

 

 

Extortion 2 (RCW 9A.56.130)

 

 

Harassment (RCW 9A.46.020)

 

 

Intimidating a Public Servant (RCW 9A.76.180)

 

 

Introducing Contraband 2 (RCW 9A.76.150)

 

 

Malicious Injury to Railroad Property (RCW 81.60.070)

 

 

Patronizing a Juvenile Prostitute (RCW 9.68A.100)

 

 

Perjury 2 (RCW 9A.72.030)

 

 

Possession of Incendiary Device (RCW 9.40.120)

 

 

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

 

 

Promoting Prostitution 2 (RCW 9A.88.080)

 

 

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

 

 

Securities Act violation (RCW 21.20.400)

 

 

Tampering with a Witness (RCW 9A.72.120)

 

 

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

 

 

Theft of Livestock 2 (RCW 9A.56.080)

 

 

Unlawful Imprisonment (RCW 9A.40.040)

 

 

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

 

 

Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522)

 

 

Willful Failure to Return from Work Release (RCW 72.65.070)

 

II

Computer Trespass 1 (RCW 9A.52.110)

 

 

Counterfeiting (RCW 9.16.035(3))

 

 

Escape from Community Custody (RCW 72.09.310)

 

 

Harming a Police or Accelerant Detection Dog or Police Horse (RCW 9A.76.200)

 

 

Health Care False Claims (RCW 48.80.030)

 

 

Identity Theft 2 (RCW 9.35.020(2)(b))

 

 

Improperly Obtaining Financial Information (RCW 9.35.010)

 

 

Malicious Mischief 1 (RCW 9A.48.070)

 

 

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

 

 

Theft 1 (RCW 9A.56.030)

 

 

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

 

 

Trafficking in Insurance Claims (RCW 48.30A.015)

 

 

Unlawful Practice of Law (RCW 2.48.180)

 

 

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

 

I

Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

 

 

False Verification for Welfare (RCW 74.08.055)

 

 

Forgery (RCW 9A.60.020)

 

 

Malicious Mischief 2 (RCW 9A.48.080)

 

 

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

 

 

Reckless Burning 1 (RCW 9A.48.040)

 

 

Taking Motor Vehicle Without Permission 2 (RCW 9A.56.070(2))

 

 

Theft 2 (RCW 9A.56.040)

 

 

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

 

 

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

 

 

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

 

 

Vehicle Prowl 1 (RCW 9A.52.095)

 

 

 

       Sec. 4. RCW 13.40.0357 and 2002 c 324 s 3 and 2002 c 175 s 20 are each reenacted and amended to read as follows:





DESCRIPTION AND OFFENSE CATEGORY

juvenile

disposition

offense

category

description (rcw citation)

juvenile disposition

category for

attempt, bailjump,

conspiracy, or

solicitation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  

 

Arson and Malicious Mischief

 

A

Arson 1 (9A.48.020)

B +

 

B

Arson 2 (9A.48.030)

C

 

C

Reckless Burning 1 (9A.48.040)

D

 

D

Reckless Burning 2 (9A.48.050)

E

 

B

Malicious Mischief 1 (9A.48.070)

C

 

C

Malicious Mischief 2 (9A.48.080)

D

 

D

Malicious Mischief 3 (<$50 is E class) (9A.48.090)

E

 

E

Tampering with Fire Alarm Apparatus (9.40.100)

E

 

A

Possession of Incendiary Device (9.40.120)

B +

 

 

Assault and Other Crimes Involving Physical Harm

 

 

A

Assault 1 (9A.36.011)

B +

 

B +

Assault 2 (9A.36.021)

C +

 

C +

Assault 3 (9A.36.031)

D +

 

D +

Assault 4 (9A.36.041)

E

 

B +

Drive-By Shooting (9A.36.045)

C +

 

D +

Reckless Endangerment (9A.36.050)

E

 

C +

Promoting Suicide Attempt (9A.36.060)

D +

 

D +

Coercion (9A.36.070)

E

 

C +

Custodial Assault (9A.36.100)

D +

 

 

Burglary and Trespass

 

 

B +

Burglary 1 (9A.52.020)

C +

 

B

Residential Burglary (9A.52.025)

C

 

B

Burglary 2 (9A.52.030)

C

 

D

Burglary Tools (Possession of) (9A.52.060)

E

 

D

Criminal Trespass 1 (9A.52.070)

E

 

E

Criminal Trespass 2 (9A.52.080)

E

 

C

Vehicle Prowling 1 (9A.52.095)

D

 

D

Vehicle Prowling 2 (9A.52.100)

E

 

 

Drugs

 

 

E

Possession/Consumption of Alcohol (66.44.270)

E

 

C

Illegally Obtaining Legend Drug (69.41.020)

D

 

C +

Sale, Delivery, Possession of Legend Drug with Intent to Sell (69.41.030)

D +

 

E

Possession of Legend Drug (69.41.030)

E

 

B +

Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Sale (69.50.401(a)(1) (I) or (ii))

B +

 

C

Violation of Uniform Controlled Substances Act - Nonnarcotic Sale (69.50.401(a)(1)(iii))

C

 

E

Possession of Marihuana <40 grams (69.50.401(e))

E

 

C

Fraudulently Obtaining Controlled Substance (69.50.403)

C

 

C +

Sale of Controlled Substance for Profit (69.50.410)

C +

 

E

Unlawful Inhalation (9.47A.020)

E

 

B

Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Counterfeit Substances (69.50.401(b)(1) (I) or (ii))

B

 

C

Violation of Uniform Controlled Substances Act - Nonnarcotic Counterfeit Substances (69.50.401(b)(1) (iii), (iv), (v))

C

 

C

Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.401(d))

C

 

C

Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.401(c))

C

 

 

Firearms and Weapons

 

 

B

Theft of Firearm (9A.56.300)

C

 

B

Possession of Stolen Firearm (9A.56.310)

C

 

E

Carrying Loaded Pistol Without Permit (9.41.050)

E

 

C

Possession of Firearms by Minor (<18) (9.41.040(1)(b)(iii))

C

 

D +

Possession of Dangerous Weapon (9.41.250)

E

 

D

Intimidating Another Person by use of Weapon (9.41.270)

E

 

 

Homicide

 

 

A +

Murder 1 (9A.32.030)

A

 

A +

Murder 2 (9A.32.050)

B +

 

B +

Manslaughter 1 (9A.32.060)

C +

 

C +

Manslaughter 2 (9A.32.070)

D +

 

B +

Vehicular Homicide (46.61.520)

C +

 

 

Kidnapping

 

 

A

Kidnap 1 (9A.40.020)

B +

 

B +

Kidnap 2 (9A.40.030)

C +

 

C +

Unlawful Imprisonment (9A.40.040)

D +

 

 

Obstructing Governmental Operation

 

 

D

Obstructing a Law Enforcement Officer (9A.76.020)

E

 

E

Resisting Arrest (9A.76.040)

E

 

B

Introducing Contraband 1 (9A.76.140)

C

 

C

Introducing Contraband 2 (9A.76.150)

D

 

E

Introducing Contraband 3 (9A.76.160)

E

 

B +

Intimidating a Public Servant (9A.76.180)

C +

 

B +

Intimidating a Witness (9A.72.110)

C +

 

C+

Harming a Police or Accelerant Detection Dog or Police Horse (9A.76.200)

C

 

 

Public Disturbance

 

 

C +

Riot with Weapon (9A.84.010)

D +

 

D +

Riot Without Weapon (9A.84.010)

E

 

E

Failure to Disperse (9A.84.020)

E

 

E

Disorderly Conduct (9A.84.030)

E

 

 

Sex Crimes

 

 

A

Rape 1 (9A.44.040)

B +

 

A-

Rape 2 (9A.44.050)

B +

 

C +

Rape 3 (9A.44.060)

D +

 

A-

Rape of a Child 1 (9A.44.073)

B +

 

B +

Rape of a Child 2 (9A.44.076)

C +

 

B

Incest 1 (9A.64.020(1))

C

 

C

Incest 2 (9A.64.020(2))

D

 

D +

Indecent Exposure (Victim <14) (9A.88.010)

E

 

E

Indecent Exposure (Victim 14 or over) (9A.88.010)

E

 

B +

Promoting Prostitution 1 (9A.88.070)

C +

 

C +

Promoting Prostitution 2 (9A.88.080)

D +

 

E

O & A (Prostitution) (9A.88.030)

E

 

B +

Indecent Liberties (9A.44.100)

C +

 

A-

Child Molestation 1 (9A.44.083)

B +

 

B

Child Molestation 2 (9A.44.086)

C +

 

 

Theft, Robbery, Extortion, and Forgery

 

 

B

Theft 1 (9A.56.030)

C

 

C

Theft 2 (9A.56.040)

D

 

D

Theft 3 (9A.56.050)

E

 

B

Theft of Livestock (9A.56.080)

C

 

C

Forgery (9A.60.020)

D

 

A

Robbery 1 (9A.56.200)

B +

 

B +

Robbery 2 (9A.56.210)

C +

 

B +

Extortion 1 (9A.56.120)

C +

 

C +

Extortion 2 (9A.56.130)

D +

 

C

Identity Theft 1 (9.35.020(2)(a))

D

 

D

Identity Theft 2 (9.35.020(2)(b))

E

 

D

Improperly Obtaining Financial Information (9.35.010)

E

 

B

Possession of Stolen Property 1 (9A.56.150)

C

 

C

Possession of Stolen Property 2 (9A.56.160)

D

 

D

Possession of Stolen Property 3 (9A.56.170)

E

 

C

Taking Motor Vehicle Without Permission 1 and 2 (9A.56.070 (1) and (2))

D

 

 

Motor Vehicle Related Crimes

 

 

E

Driving Without a License (46.20.005)

E

 

B +

Hit and Run - Death (46.52.020(4)(a))

C +

 

C

Hit and Run - Injury (46.52.020(4)(b))

D

 

D

Hit and Run-Attended (46.52.020(5))

E

 

E

Hit and Run-Unattended (46.52.010)

E

 

C

Vehicular Assault (46.61.522)

D

 

C

Attempting to Elude Pursuing Police Vehicle (46.61.024)

D

 

E

Reckless Driving (46.61.500)

E

 

D

Driving While Under the Influence (46.61.502 and 46.61.504)

E

 

 

Other

 

 

B

Bomb Threat (9.61.160)

C

 

C

Escape 11 (9A.76.110)

C

 

C

Escape 21 (9A.76.120)

C

 

D

Escape 3 (9A.76.130)

E

 

E

Obscene, Harassing, Etc., Phone Calls (9.61.230)

E

 

A

Other Offense Equivalent to an Adult Class A Felony

B +

 

B

Other Offense Equivalent to an Adult Class B Felony

C

 

C

Other Offense Equivalent to an Adult Class C Felony

D

 

D

Other Offense Equivalent to an Adult Gross Misdemeanor

E

 

E

Other Offense Equivalent to an Adult Misdemeanor

E

 

V

Violation of Order of Restitution, Community Supervision, or Confinement (13.40.200)2

V

1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:

       1st escape or attempted escape during 12-month period - 4 weeks confinement

       2nd escape or attempted escape during 12-month period - 8 weeks confinement

       3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement

2If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.

       JUVENILE SENTENCING STANDARDSThis schedule must be used for juvenile offenders. The court may select sentencing option A, B, or C.

 

OPTION A

JUVENILE OFFENDER SENTENCING GRID

STANDARD RANGE

 

 


A +


180 WEEKS TO AGE 21 YEARS

 

 

 

 

 

 

 

 

 

A

103 WEEKS TO 129 WEEKS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A-

15-36

 52-65

 80-100

 103-129

 

 

 

 

 

WEEKS

 WEEKS

 WEEKS

 WEEKS

 

 

 

 

 

EXCEPT

 

 

 

 

 

 

 

 

30-40

 

 

 

 

 

 

 

 

WEEKS FOR

 

 

 

 

 

 

 

 

15-17

 

 

 

 

 

 

 

 

YEAR OLDS

 

 

 

 

 

 

 

 

 

 

Current

B +

15-36

 

 52-65

 80-100

 103-129

Offense

 

WEEKS

 

 WEEKS

 WEEKS

 WEEKS

Category

 

 

 

 

 

B

LOCAL

 

 

 52-65

 

 

SANCTIONS (LS)

 15-36 WEEKS

 

 WEEKS

 

 

C +

LS

 

 

 

 

 

 

 

 

 

 

 15-36 WEEKS

 

 

 

 

 

 

 

 

 

C

LS

 

 

 

 

15-36 WEEKS

 

 

 

Local Sanctions:

 

 

 

 

0 to 30 Days

 

D +

LS

0 to 12 Months Community Supervision

 

 

 

0 to 150 Hours Community Restitution

 

D

LS

$0 to $500 Fine

 

 

 

 

 

E

LS

 

 

 


 

 

 

0

1

2

3

4

or more

PRIOR ADJUDICATIONS

 

NOTE: References in the grid to days or weeks mean periods of confinement.

       (1) The vertical axis of the grid is the current offense category. The current offense category is determined by the offense of adjudication.

       (2) The horizontal axis of the grid is the number of prior adjudications included in the juvenile's criminal history. Each prior felony adjudication shall count as one point. Each prior violation, misdemeanor, and gross misdemeanor adjudication shall count as 1/4 point. Fractional points shall be rounded down.

       (3) The standard range disposition for each offense is determined by the intersection of the column defined by the prior adjudications and the row defined by the current offense category.

       (4) RCW 13.40.180 applies if the offender is being sentenced for more than one offense.

       (5) A current offense that is a violation is equivalent to an offense category of E. However, a disposition for a violation shall not include confinement.

 

       OR

OPTION B

CHEMICAL DEPENDENCY DISPOSITION ALTERNATIVE

 

       If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B + offense, the court may impose a disposition under RCW 13.40.160(4) and 13.40.165.

 

OR

                                                                                                                     OPTION C

MANIFEST INJUSTICE

 

       If the court determines that a disposition under option A or B would effectuate a manifest injustice, the court shall impose a disposition outside the standard range under RCW 13.40.160(2).

       NEW SECTION. Sec. 5. Section 2 of this act expires July 1, 2004.

       NEW SECTION. Sec. 6. Section 3 of this act takes effect July 1, 2004."

      Debated ensued

      The President declared the question before the Senate to be the adoption of the amendment by Senators Kline and Brandland on page 1, after line 18, to House Bill No. 1108.

      The motion by Senator Kline carried and the amendment was adopted. 

      There being no objection, the following title amendment was adopted:

       On page 1, line 2 of the title, after "9A.76.200;" strike the remainder of the title and insert "reenacting and amending RCW 9.94A.515, 9.94A.515, and 13.40.0357; prescribing penalties; providing an effective date; and providing an expiration date."

 

MOTION

 

      On motion of Senator Brandland, the rules were suspended, House Bill No 1108, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1108, as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1108, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

 

 

      HOUSE BILL NO. 1108, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

      SENATE BILL NO. 6017, by Senators Stevens and Hargrove

 

Modifying general assistance provisions.

 

MOTIONS

 

      On motion of Senator Rossi, Second Substitute Senate Bill No. 6017 was substituted for Senate Bill No. 6017 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Rossi, the rules were suspended, Second Substitute Senate Bill No. 6017 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 6017.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6017 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 22; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Hargrove, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Rasmussen, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 27.

     Voting nay: Senators Brown, Doumit, Eide, Fairley, Franklin, Fraser, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Reardon, Regala, Sheldon, B., Shin, Spanel, Thibaudeau and Winsley - 22.

      SECOND SUBSTITUTE SENATE BILL NO. 6017, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

      HOUSE BILL NO. 1083, by Representatives Simpson, Benson and Schual-Berke ( by request of Insurance Commissioner Kreidler)

 

Making clarifying, nonsubstantive amendments to and correcting outdated references in the insurance code.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Benton, the rules were suspended, House Bill No. 1083 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued. Prentice

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1083.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1083 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Absent: Senator Deccio - 1.

      HOUSE BILL NO. 1083, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

      HOUSE BILL NO. 1226, by Representatives Moeller, Campbell, Lantz and Carrell

 

Authorizing service of summons for persons not found in this state.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Esser, the rules were suspended, House Bill No. 1226 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1226.

 

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1226 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      HOUSE BILL NO. 1226, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

      SENATE BILL NO. 5337, by Senators Horn, Haugen and Rasmussen (by request of Office of Financial Management)

 

Revising the agency council on coordinated transportation.

 

MOTIONS

 

      On motion of Senator Horn, Substitute Senate Bill No. 5337 was substituted for Senate Bill No. 5337 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Horn, the rules were suspended, Substitute Senate Bill No. 5337 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5337.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5337 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Roach, Rossi, Schmidt, Sheahan, Stevens, Swecker, West, Winsley and Zarelli - 25.

     Voting nay: Senators Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Reardon, Regala, Sheldon, B., Sheldon, T., Shin, Spanel and Thibaudeau - 24.

      SUBSTITUTE SENATE BILL NO. 5337, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 2215, by House Committee on Transportation (originally sponsored by Representatives Murray and Simpson)

 

Allowing car dealers to charge document service fees.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Horn, the following Committee on Highways and Transportation striking amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 46.70.180 and 2001 c 272 s 10 and 2001 c 64 s 9 are each reenacted and amended to read as follows:

       Each of the following acts or practices is unlawful:

       (1) To cause or permit to be advertised, printed, displayed, published, distributed, broadcasted, televised, or disseminated in any manner whatsoever, any statement or representation with regard to the sale, lease, or financing of a vehicle which is false, deceptive, or misleading, including but not limited to the following:

       (a) That no down payment is required in connection with the sale of a vehicle when a down payment is in fact required, or that a vehicle may be purchased for a smaller down payment than is actually required;

       (b) That a certain percentage of the sale price of a vehicle may be financed when such financing is not offered in a single document evidencing the entire security transaction;

       (c) That a certain percentage is the amount of the service charge to be charged for financing, without stating whether this percentage charge is a monthly amount or an amount to be charged per year;

       (d) That a new vehicle will be sold for a certain amount above or below cost without computing cost as the exact amount of the factory invoice on the specific vehicle to be sold;

       (e) That a vehicle will be sold upon a monthly payment of a certain amount, without including in the statement the number of payments of that same amount which are required to liquidate the unpaid purchase price.

       (2)(a) To incorporate within the terms of any purchase and sale or lease agreement any statement or representation with regard to the sale, lease, or financing of a vehicle which is false, deceptive, or misleading, including but not limited to terms that include as an added cost to the selling price or capitalized cost of a vehicle an amount for licensing or transfer of title of that vehicle which is not actually due to the state, unless such amount has in fact been paid by the dealer prior to such sale. However, an amount not to exceed thirty-five dollars per vehicle sale or lease may be charged by a dealer to recover administrative costs for collecting motor vehicle excise taxes, licensing and registration fees and other agency fees, verifying and clearing titles, transferring titles, perfecting, releasing, or satisfying liens or other security interests, and other administrative and documentary services rendered by a dealer in connection with the sale or lease of a vehicle and in carrying out the requirements of this chapter or any other provisions of state law.

       (b) A dealer may charge the documentary service fee in (a) of this subsection under the following conditions:

       (I) The documentary service fee is disclosed in writing to a prospective purchaser or lessee before the execution of a purchase and sale or lease agreement;

       (ii) The documentary service fee is not represented to the purchaser or lessee as a fee or charge required by the state to be paid by either the dealer or prospective purchaser or lessee;

       (iii) The documentary service fee is separately designated from the selling price or capitalized cost of the vehicle and from any other taxes, fees, or charges; and

       (iv) Dealers disclose in any advertisement that a documentary service fee in an amount up to thirty-five dollars may be added to the sale price or the capitalized cost.

       For the purposes of this subsection (2), the term "documentary service fee" means the optional amount charged by a dealer to provide the services specified in (a) of this subsection.

       (3) To set up, promote, or aid in the promotion of a plan by which vehicles are to be sold or leased to a person for a consideration and upon further consideration that the purchaser or lessee agrees to secure one or more persons to participate in the plan by respectively making a similar purchase and in turn agreeing to secure one or more persons likewise to join in said plan, each purchaser or lessee being given the right to secure money, credits, goods, or something of value, depending upon the number of persons joining the plan.

       (4) To commit, allow, or ratify any act of "bushing" which is defined as follows: Taking from a prospective buyer or lessee of a vehicle a written order or offer to purchase or lease, or a contract document signed by the buyer or lessee, which:

       (a) Is subject to the dealer's, or his or her authorized representative's future acceptance, and the dealer fails or refuses within three calendar days, exclusive of Saturday, Sunday, or legal holiday, and prior to any further negotiations with said buyer or lessee, either (I) to deliver to the buyer or lessee the dealer's signed acceptance, or (ii) to void the order, offer, or contract document and tender the return of any initial payment or security made or given by the buyer or lessee, including but not limited to money, check, promissory note, vehicle keys, a trade-in, or certificate of title to a trade-in; or

       (b) Permits the dealer to renegotiate a dollar amount specified as trade-in allowance on a vehicle delivered or to be delivered by the buyer or lessee as part of the purchase price or lease, for any reason except:

       (I) Failure to disclose that the vehicle's certificate of ownership has been branded for any reason, including, but not limited to, status as a rebuilt vehicle as provided in RCW 46.12.050 and 46.12.075; or

       (ii) Substantial physical damage or latent mechanical defect occurring before the dealer took possession of the vehicle and which could not have been reasonably discoverable at the time of the taking of the order, offer, or contract; or

       (iii) Excessive additional miles or a discrepancy in the mileage. "Excessive additional miles" means the addition of five hundred miles or more, as reflected on the vehicle's odometer, between the time the vehicle was first valued by the dealer for purposes of determining its trade-in value and the time of actual delivery of the vehicle to the dealer. "A discrepancy in the mileage" means (A) a discrepancy between the mileage reflected on the vehicle's odometer and the stated mileage on the signed odometer statement; or (B) a discrepancy between the mileage stated on the signed odometer statement and the actual mileage on the vehicle; or

       (c) Fails to comply with the obligation of any written warranty or guarantee given by the dealer requiring the furnishing of services or repairs within a reasonable time.

       (5) To commit any offense relating to odometers, as such offenses are defined in RCW 46.37.540, 46.37.550, 46.37.560, and 46.37.570. A violation of this subsection is a class C felony punishable under chapter 9A.20 RCW.

       (6) For any vehicle dealer or vehicle salesperson to refuse to furnish, upon request of a prospective purchaser or lessee, for vehicles previously registered to a business or governmental entity, the name and address of the business or governmental entity.

       (7) To commit any other offense under RCW 46.37.423, 46.37.424, or 46.37.425.

       (8) To commit any offense relating to a dealer's temporary license permit, including but not limited to failure to properly complete each such permit, or the issuance of more than one such permit on any one vehicle. However, a dealer may issue a second temporary permit on a vehicle if the following conditions are met:

       (a) The lienholder fails to deliver the vehicle title to the dealer within the required time period;

       (b) The dealer has satisfied the lien; and

       (c) The dealer has proof that payment of the lien was made within two calendar days, exclusive of Saturday, Sunday, or a legal holiday, after the sales contract has been executed by all parties and all conditions and contingencies in the sales contract have been met or otherwise satisfied.

       (9) For a dealer, salesperson, or mobile home manufacturer, having taken an instrument or cash "on deposit" from a purchaser or lessee prior to the delivery of the bargained-for vehicle, to commingle the "on deposit" funds with assets of the dealer, salesperson, or mobile home manufacturer instead of holding the "on deposit" funds as trustee in a separate trust account until the purchaser or lessee has taken delivery of the bargained-for vehicle. Delivery of a manufactured home shall be deemed to occur in accordance with RCW 46.70.135(5). Failure, immediately upon receipt, to endorse "on deposit" instruments to such a trust account, or to set aside "on deposit" cash for deposit in such trust account, and failure to deposit such instruments or cash in such trust account by the close of banking hours on the day following receipt thereof, shall be evidence of intent to commit this unlawful practice: PROVIDED, HOWEVER, That a motor vehicle dealer may keep a separate trust account which equals his or her customary total customer deposits for vehicles for future delivery. For purposes of this section, "on deposit" funds received from a purchaser of a manufactured home means those funds that a seller requires a purchaser to advance before ordering the manufactured home, but does not include any loan proceeds or moneys that might have been paid on an installment contract.

       (10) For a dealer or manufacturer to fail to comply with the obligations of any written warranty or guarantee given by the dealer or manufacturer requiring the furnishing of goods and services or repairs within a reasonable period of time, or to fail to furnish to a purchaser or lessee, all parts which attach to the manufactured unit including but not limited to the undercarriage, and all items specified in the terms of a sales or lease agreement signed by the seller and buyer or lessee.

       (11) For a vehicle dealer to pay to or receive from any person, firm, partnership, association, or corporation acting, either directly or through a subsidiary, as a buyer's agent for consumers, any compensation, fee, purchase moneys or funds that have been deposited into or withdrawn out of any account controlled or used by any buyer's agent, gratuity, or reward in connection with the purchase, sale, or lease of a new motor vehicle.

       (12) For a buyer's agent, acting directly or through a subsidiary, to pay to or to receive from any motor vehicle dealer any compensation, fee, gratuity, or reward in connection with the purchase, sale, or lease of a new motor vehicle. In addition, it is unlawful for any buyer's agent to engage in any of the following acts on behalf of or in the name of the consumer:

       (a) Receiving or paying any purchase moneys or funds into or out of any account controlled or used by any buyer's agent;

       (b) Signing any vehicle purchase orders, sales contracts, leases, odometer statements, or title documents, or having the name of the buyer's agent appear on the vehicle purchase order, sales contract, lease, or title; or

       (c) Signing any other documentation relating to the purchase, sale, lease, or transfer of any new motor vehicle.

       It is unlawful for a buyer's agent to use a power of attorney obtained from the consumer to accomplish or effect the purchase, sale, lease, or transfer of ownership documents of any new motor vehicle by any means which would otherwise be prohibited under (a) through (c) of this subsection. However, the buyer's agent may use a power of attorney for physical delivery of motor vehicle license plates to the consumer.

       Further, it is unlawful for a buyer's agent to engage in any false, deceptive, or misleading advertising, disseminated in any manner whatsoever, including but not limited to making any claim or statement that the buyer's agent offers, obtains, or guarantees the lowest price on any motor vehicle or words to similar effect.

       (13) For a buyer's agent to arrange for or to negotiate the purchase, or both, of a new motor vehicle through an out-of-state dealer without disclosing in writing to the customer that the new vehicle would not be subject to chapter 19.118 RCW. This subsection also applies to leased vehicles. In addition, it is unlawful for any buyer's agent to fail to have a written agreement with the customer that: (a) Sets forth the terms of the parties' agreement; (b) discloses to the customer the total amount of any fees or other compensation being paid by the customer to the buyer's agent for the agent's services; and (c) further discloses whether the fee or any portion of the fee is refundable.

       (14) Being a manufacturer, other than a motorcycle manufacturer governed by chapter 46.94 RCW, to:

       (a) Coerce or attempt to coerce any vehicle dealer to order or accept delivery of any vehicle or vehicles, parts or accessories, or any other commodities which have not been voluntarily ordered by the vehicle dealer: PROVIDED, That recommendation, endorsement, exposition, persuasion, urging, or argument are not deemed to constitute coercion;

       (b) Cancel or fail to renew the franchise or selling agreement of any vehicle dealer doing business in this state without fairly compensating the dealer at a fair going business value for his or her capital investment which shall include but not be limited to tools, equipment, and parts inventory possessed by the dealer on the day he or she is notified of such cancellation or termination and which are still within the dealer's possession on the day the cancellation or termination is effective, if: (I) The capital investment has been entered into with reasonable and prudent business judgment for the purpose of fulfilling the franchise; and (ii) the cancellation or nonrenewal was not done in good faith. Good faith is defined as the duty of each party to any franchise to act in a fair and equitable manner towards each other, so as to guarantee one party freedom from coercion, intimidation, or threats of coercion or intimidation from the other party: PROVIDED, That recommendation, endorsement, exposition, persuasion, urging, or argument are not deemed to constitute a lack of good faith;

       (c) Encourage, aid, abet, or teach a vehicle dealer to sell or lease vehicles through any false, deceptive, or misleading sales or financing practices including but not limited to those practices declared unlawful in this section;

       (d) Coerce or attempt to coerce a vehicle dealer to engage in any practice forbidden in this section by either threats of actual cancellation or failure to renew the dealer's franchise agreement;

       (e) Refuse to deliver any vehicle publicly advertised for immediate delivery to any duly licensed vehicle dealer having a franchise or contractual agreement for the retail sale or lease of new and unused vehicles sold or distributed by such manufacturer within sixty days after such dealer's order has been received in writing unless caused by inability to deliver because of shortage or curtailment of material, labor, transportation, or utility services, or by any labor or production difficulty, or by any cause beyond the reasonable control of the manufacturer;

       (f) To provide under the terms of any warranty that a purchaser or lessee of any new or unused vehicle that has been sold or leased, distributed for sale or lease, or transferred into this state for resale or lease by the vehicle manufacturer may only make any warranty claim on any item included as an integral part of the vehicle against the manufacturer of that item.

       Nothing in this section may be construed to impair the obligations of a contract or to prevent a manufacturer, distributor, representative, or any other person, whether or not licensed under this chapter, from requiring performance of a written contract entered into with any licensee hereunder, nor does the requirement of such performance constitute a violation of any of the provisions of this section if any such contract or the terms thereof requiring performance, have been freely entered into and executed between the contracting parties. This paragraph and subsection (14)(b) of this section do not apply to new motor vehicle manufacturers governed by chapter 46.96 RCW.

       (15) Unlawful transfer of an ownership interest in a motor vehicle as defined in RCW 19.116.050.

       (16) To knowingly and intentionally engage in collusion with a registered owner of a vehicle to repossess and return or resell the vehicle to the registered owner in an attempt to avoid a suspended license impound under chapter 46.55 RCW. However, compliance with chapter 62A.9A RCW in repossessing, selling, leasing, or otherwise disposing of the vehicle, including providing redemption rights to the debtor, is not a violation of this section.

       Sec. 2. RCW 63.14.010 and 1999 c 113 s 1 are each amended to read as follows:

       In this chapter, unless the context otherwise requires:

       (1) "Goods" means all chattels personal when purchased primarily for personal, family, or household use and not for commercial or business use, but not including money or, except as provided in the next sentence, things in action. The term includes but is not limited to merchandise certificates or coupons, issued by a retail seller, to be used in their face amount in lieu of cash in exchange for goods or services sold by such a seller and goods which, at the time of sale or subsequently, are to be so affixed to real property as to become a part thereof, whether or not severable therefrom;

       (2) "Lender credit card" means a card or device under a lender credit card agreement pursuant to which the issuer gives to a cardholder residing in this state the privilege of obtaining credit from the issuer or other persons in purchasing or leasing property or services, obtaining loans, or otherwise, and the issuer of which is not: (a) Principally engaged in the business of selling goods; or (b) a financial institution;

       (3) "Lender credit card agreement" means an agreement entered into or performed in this state prescribing the terms of retail installment transactions pursuant to which the issuer may, with the buyer's consent, purchase or acquire one or more retail sellers' indebtedness of the buyer under a sales slip or memorandum evidencing the purchase, lease, loan, or otherwise to be paid in accordance with the agreement. The issuer of a lender credit card agreement shall not be principally engaged in the business of selling goods or be a financial institution;

       (4) "Financial institution" means any bank or trust company, mutual savings bank, credit union, or savings and loan association organized pursuant to the laws of any one of the United States of America or the United States of America, or the laws of a foreign country if also qualified to conduct business in any one of the United States of America or pursuant to the laws of the United States of America;

       (5) "Services" means work, labor, or services of any kind when purchased primarily for personal, family, or household use and not for commercial or business use whether or not furnished in connection with the delivery, installation, servicing, repair, or improvement of goods and includes repairs, alterations, or improvements upon or in connection with real property, but does not include services for which the price charged is required by law to be determined or approved by or to be filed, subject to approval or disapproval, with the United States or any state, or any department, division, agency, officer, or official of either as in the case of transportation services;

       (6) "Retail buyer" or "buyer" means a person who buys or agrees to buy goods or obtain services or agrees to have services rendered or furnished, from a retail seller;

       (7) "Retail seller" or "seller" means a person engaged in the business of selling goods or services to retail buyers;

       (8) "Retail installment transaction" means any transaction in which a retail buyer purchases goods or services from a retail seller pursuant to a retail installment contract, a retail charge agreement, or a lender credit card agreement, as defined in this section, which provides for a service charge, as defined in this section, and under which the buyer agrees to pay the unpaid principal balance in one or more installments or which provides for no service charge and under which the buyer agrees to pay the unpaid balance in more than four installments;

       (9) "Retail installment contract" or "contract" means a contract, other than a retail charge agreement, a lender credit card agreement, or an instrument reflecting a sale made pursuant thereto, entered into or performed in this state for a retail installment transaction. The term "retail installment contract" may include a chattel mortgage, a conditional sale contract, and a contract in the form of a bailment or a lease if the bailee or lessee contracts to pay as compensation for their use a sum substantially equivalent to or in excess of the value of the goods sold and if it is agreed that the bailee or lessee is bound to become, or for no other or a merely nominal consideration, has the option of becoming the owner of the goods upon full compliance with the provisions of the bailment or lease. The term "retail installment contract" does not include: (a) A "consumer lease," heretofore or hereafter entered into, as defined in RCW 63.10.020; (b) a lease which would constitute such "consumer lease" but for the fact that: (I) It was entered into before April 29, 1983; (ii) the lessee was not a natural person; (iii) the lease was not primarily for personal, family, or household purposes; or (iv) the total contractual obligations exceeded twenty-five thousand dollars; or (c) a lease-purchase agreement under chapter 63.19 RCW;

       (10) "Retail charge agreement," "revolving charge agreement," or "charge agreement" means an agreement between a retail buyer and a retail seller that is entered into or performed in this state and that prescribes the terms of retail installment transactions with one or more sellers which may be made thereunder from time to time and under the terms of which a service charge, as defined in this section, is to be computed in relation to the buyer's unpaid balance from time to time;

       (11) "Service charge" however denominated or expressed, means the amount which is paid or payable for the privilege of purchasing goods or services to be paid for by the buyer in installments over a period of time. It does not include the amount, if any, charged for insurance premiums, delinquency charges, attorneys' fees, court costs, any vehicle dealer administrative fee under RCW 46.12.042, any vehicle dealer documentary service fee under RCW 46.70.180(2), or official fees;

       (12) "Sale price" means the price for which the seller would have sold or furnished to the buyer, and the buyer would have bought or obtained from the seller, the goods or services which are the subject matter of a retail installment transaction. The sale price may include any taxes, registration and license fees, any vehicle dealer administrative fee, any vehicle dealer documentary service fee, and charges for transferring vehicle titles, delivery, installation, servicing, repairs, alterations, or improvements;

       (13) "Official fees" means the amount of the fees prescribed by law and payable to the state, county, or other governmental agency for filing, recording, or otherwise perfecting, and releasing or satisfying, a retained title, lien, or other security interest created by a retail installment transaction;

       (14) "Time balance" means the principal balance plus the service charge;

       (15) "Principal balance" means the sale price of the goods or services which are the subject matter of a retail installment contract less the amount of the buyer's down payment in money or goods or both, plus the amounts, if any, included therein, if a separate identified charge is made therefor and stated in the contract, for insurance, any vehicle dealer administrative fee, any vehicle dealer documentary service fee, and official fees; and the amount actually paid or to be paid by the retail seller pursuant to an agreement with the buyer to discharge a security interest or lien on like-kind goods traded in or lease interest in the circumstance of a lease for like goods being terminated in conjunction with the sale pursuant to a retail installment contract;

       (16) "Person" means an individual, partnership, joint venture, corporation, association, or any other group, however organized;

       (17) "Rate" means the percentage which, when multiplied times the outstanding balance for each month or other installment period, yields the amount of the service charge for such month or period.

       Sec. 3. RCW 63.14.130 and 1999 c 113 s 4 are each amended to read as follows:

       The service charge shall be inclusive of all charges incident to investigating and making the retail installment contract or charge agreement and for the privilege of making the installment payments thereunder and no other fee, expense or charge whatsoever shall be taken, received, reserved or contracted therefor from the buyer, except for any vehicle dealer administrative fee under RCW 46.12.042 or for any vehicle dealer documentary service fee under RCW 46.70.180(2).

       (1) The service charge, in a retail installment contract, shall not exceed the dollar amount or rate agreed to by contract and disclosed under RCW 63.14.040(1)(h).

       (2) The service charge in a retail charge agreement, revolving charge agreement, lender credit card agreement, or charge agreement, shall not exceed the schedule or rate agreed to by contract and disclosed under RCW 63.14.120(1). If the service charge so computed is less than one dollar for any month, then one dollar may be charged.

       NEW SECTION. Sec. 4. This act takes effect only when Senate Bill No. 6061 or House Bill No. 2231 takes effect. If neither of these bills takes effect by December 31, 2003, this act is null and void in its entirety."

      There being no objection, the following title amendment was adopted:

       On page 1, line 1 of the title, after "fees;" strike the remainder of the title and insert "amending RCW 63.14.010 and 63.14.130; reenacting and amending RCW 46.70.180; and providing contingent effect."

 

MOTION

 

      On motion of Senator Horn, the rules were suspended, Substitute House Bill No 2215, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2215, as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 2215, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 7; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Rossi, Schmidt, Sheahan, Shin, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 42.

       Voting nay: Senators Fairley, Haugen, Roach, Sheldon, B., Sheldon, T., Spanel and Thibaudeau - 7

      SUBSTITUTE HOUSE BILL NO. 2215, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

      HOUSE BILL NO. 1878, by Representatives Dickerson and Pettigrew

 

Providing the courts access to information in third-party custody petitions.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Stevens, the following Committee on Children and Family Services and Corrections striking amendment was adopted:Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 26.10 RCW to read as follows:

       (1) Before granting any order regarding the custody of a child under this chapter, the court shall consult the judicial information system, if available, to determine the existence of any information and proceedings that are relevant to the placement of the child.

       (2) Before entering a final order, the court shall:

       (a) Direct the department of social and health services to release information as provided under RCW 13.50.100; and

       (b) Require the petitioner to provide the results of an examination of state and national criminal identification data provided by the Washington state patrol criminal identification system as described in chapter 43.43 RCW for the petitioner and adult members of the petitioner's household.

       Sec. 2. RCW 13.50.100 and 2001 c 162 s 2 are each amended to read as follows:

       (1) This section governs records not covered by RCW 13.50.050.

       (2) Records covered by this section shall be confidential and shall be released only pursuant to this section and RCW 13.50.010.

       (3) Records retained or produced by any juvenile justice or care agency may be released to other participants in the juvenile justice or care system only when an investigation or case involving the juvenile in question is being pursued by the other participant or when that other participant is assigned the responsibility of supervising the juvenile. Records covered under this section and maintained by the juvenile courts which relate to the official actions of the agency may be entered in the statewide judicial information system. However, truancy records associated with a juvenile who has no other case history, and records of a juvenile's parents who have no other case history, shall be removed from the judicial information system when the juvenile is no longer subject to the compulsory attendance laws in chapter 28A.225 RCW. A county clerk is not liable for unauthorized release of this data by persons or agencies not in his or her employ or otherwise subject to his or her control, nor is the county clerk liable for inaccurate or incomplete information collected from litigants or other persons required to provide identifying data pursuant to this section.

       (4) Subject to (a) of this subsection, the department of social and health services may release information retained in the course of conducting child protective services investigations to a family or juvenile court hearing a petition for custody under chapter 26.10 RCW.

       (a) Information that may be released shall be limited to information regarding investigations in which: (I) The juvenile was an alleged victim of abandonment or abuse or neglect; or (ii) the petitioner for custody of the juvenile, or any individual aged sixteen or older residing in the petitioner's household, is the subject of a founded or currently pending child protective services investigation made by the department subsequent to October 1, 1998.

       (b) Additional information may only be released with the written consent of the subject of the investigation and the juvenile alleged to be the victim of abandonment or abuse and neglect, or the parent, custodian, guardian, or personal representative of the juvenile, or by court order obtained with notice to all interested parties.

       (5) Any disclosure of records or information by the department of social and health services pursuant to this section shall not be deemed a waiver of any confidentiality or privilege attached to the records or information by operation of any state or federal statute or regulation, and any recipient of such records or information shall maintain it in such a manner as to comply with such state and federal statutes and regulations and to protect against unauthorized disclosure.

       (6) A contracting agency or service provider of the department of social and health services that provides counseling, psychological, psychiatric, or medical services may release to the office of the family and children's ombudsman information or records relating to services provided to a juvenile who is dependent under chapter 13.34 RCW without the consent of the parent or guardian of the juvenile, or of the juvenile if the juvenile is under the age of thirteen years, unless such release is otherwise specifically prohibited by law.

       (((5))) (7) A juvenile, his or her parents, the juvenile's attorney and the juvenile's parent's attorney, shall, upon request, be given access to all records and information collected or retained by a juvenile justice or care agency which pertain to the juvenile except:

       (a) If it is determined by the agency that release of this information is likely to cause severe psychological or physical harm to the juvenile or his or her parents the agency may withhold the information subject to other order of the court: PROVIDED, That if the court determines that limited release of the information is appropriate, the court may specify terms and conditions for the release of the information; or

       (b) If the information or record has been obtained by a juvenile justice or care agency in connection with the provision of counseling, psychological, psychiatric, or medical services to the juvenile, when the services have been sought voluntarily by the juvenile, and the juvenile has a legal right to receive those services without the consent of any person or agency, then the information or record may not be disclosed to the juvenile's parents without the informed consent of the juvenile unless otherwise authorized by law; or

       (c) That the department of social and health services may delete the name and identifying information regarding persons or organizations who have reported alleged child abuse or neglect.

       (((6))) (8) A juvenile or his or her parent denied access to any records following an agency determination under subsection (((5))) (7) of this section may file a motion in juvenile court requesting access to the records. The court shall grant the motion unless it finds access may not be permitted according to the standards found in subsection((s (5))) (7)(a) and (b) of this section.

       (((7))) (9) The person making a motion under subsection (((6))) (8) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion.

       (((8))) (10) Subject to the rules of discovery in civil cases, any party to a proceeding seeking a declaration of dependency or a termination of the parent-child relationship and any party's counsel and the guardian ad litem of any party, shall have access to the records of any natural or adoptive child of the parent, subject to the limitations in subsection (((5))) (7) of this section. A party denied access to records may request judicial review of the denial. If the party prevails, he or she shall be awarded attorneys' fees, costs, and an amount not less than five dollars and not more than one hundred dollars for each day the records were wrongfully denied.

       (((9))) (11) No unfounded allegation of child abuse or neglect as defined in RCW 26.44.020(12) may be disclosed to a child-placing agency, private adoption agency, or any other licensed provider.

       Sec. 3. RCW 26.10.030 and 2000 c 135 s 3 are each amended to read as follows:

       (1) Except as authorized for proceedings brought under chapter 13.34 RCW, or chapter 26.50 RCW in district or municipal courts, a child custody proceeding is commenced in the superior court by a person other than a parent, by filing a petition seeking custody of the child in the county where the child is permanently resident or where the child is found, but only if the child is not in the physical custody of one of its parents or if the petitioner alleges that neither parent is a suitable custodian. In proceedings in which the juvenile court has not exercised concurrent jurisdiction and prior to a child custody hearing, the court shall determine if the child is the subject of a pending dependency action.

       (2) Notice of a child custody proceeding shall be given to the child's parent, guardian and custodian, who may appear and be heard and may file a responsive pleading. The court may, upon a showing of good cause, permit the intervention of other interested parties.

       (3) The petitioner shall include in the petition the names of any adult members of the petitioner's household.

       NEW SECTION. Sec. 4. A new section is added to chapter 26.50 RCW to read as follows:

       In addition to the information required to be included in the judicial information system under RCW 26.50.160, the data base shall contain the names of any adult cohabitant of a petitioner to a third- party custody action under chapter 26.10 RCW.

       Sec. 5. RCW 43.43.830 and 2002 c 229 s 3 are each amended to read as follows:

       Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 43.43.830 through 43.43.840.

       (1) "Applicant" means:

       (a) Any prospective employee who will or may have unsupervised access to children under sixteen years of age or developmentally disabled persons or vulnerable adults during the course of his or her employment or involvement with the business or organization;

       (b) Any prospective volunteer who will have regularly scheduled unsupervised access to children under sixteen years of age, developmentally disabled persons, or vulnerable adults during the course of his or her employment or involvement with the business or organization under circumstances where such access will or may involve groups of (I) five or fewer children under twelve years of age, (ii) three or fewer children between twelve and sixteen years of age, (iii) developmentally disabled persons, or (iv) vulnerable adults; ((or))

       (c) Any prospective adoptive parent, as defined in RCW 26.33.020; or

       (d) Any prospective custodian in a nonparental custody proceeding under chapter 26.10 RCW.

       (2) "Business or organization" means a business or organization licensed in this state, any agency of the state, or other governmental entity, that educates, trains, treats, supervises, houses, or provides recreation to developmentally disabled persons, vulnerable adults, or children under sixteen years of age, including but not limited to public housing authorities, school districts, and educational service districts.

       (3) "Civil adjudication" means a specific court finding of sexual abuse or exploitation or physical abuse in a dependency action under RCW 13.34.040 or in a domestic relations action under Title 26 RCW. In the case of vulnerable adults, civil adjudication means a specific court finding of abuse or financial exploitation in a protection proceeding under chapter 74.34 RCW. It does not include administrative proceedings. The term "civil adjudication" is further limited to court findings that identify as the perpetrator of the abuse a named individual, over the age of eighteen years, who was a party to the dependency or dissolution proceeding or was a respondent in a protection proceeding in which the finding was made and who contested the allegation of abuse or exploitation.

       (4) "Conviction record" means "conviction record" information as defined in RCW 10.97.030(3) relating to a crime against children or other persons committed by either an adult or a juvenile. It does not include a conviction for an offense that has been the subject of an expungement, pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted, or a conviction that has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. It does include convictions for offenses for which the defendant received a deferred or suspended sentence, unless the record has been expunged according to law.

       (5) "Crime against children or other persons" means a conviction of any of the following offenses: Aggravated murder; first or second degree murder; first or second degree kidnaping; first, second, or third degree assault; first, second, or third degree assault of a child; first, second, or third degree rape; first, second, or third degree rape of a child; first or second degree robbery; first degree arson; first degree burglary; first or second degree manslaughter; first or second degree extortion; indecent liberties; incest; vehicular homicide; first degree promoting prostitution; communication with a minor; unlawful imprisonment; simple assault; sexual exploitation of minors; first or second degree criminal mistreatment; endangerment with a controlled substance; child abuse or neglect as defined in RCW 26.44.020; first or second degree custodial interference; first or second degree custodial sexual misconduct; malicious harassment; first,

 

 

second, or third degree child molestation; first or second degree sexual misconduct with a minor; patronizing a juvenile prostitute; child abandonment; promoting pornography; selling or distributing erotic material to a minor; custodial assault; violation of child abuse restraining order; child buying or selling; prostitution; felony indecent exposure; criminal abandonment; or any of these crimes as they may be renamed in the future.

       (6) "Crimes relating to drugs" means a conviction of a crime to manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance.

       (7) "Crimes relating to financial exploitation" means a conviction for first, second, or third degree extortion; first, second, or third degree theft; first or second degree robbery; forgery; or any of these crimes as they may be renamed in the future.

       (8) "Disciplinary board final decision" means any final decision issued by a disciplining authority under chapter 18.130 RCW or the secretary of the department of health for the following businesses or professions:

       (a) Chiropractic;

       (b) Dentistry;

       (c) Dental hygiene;

       (d) Massage;

       (e) Midwifery;

       (f) Naturopathy;

       (g) Osteopathic medicine and surgery;

       (h) Physical therapy;

       (I) Physicians;

       (j) Practical nursing;

       (k) Registered nursing; and

       (l) Psychology.

       "Disciplinary board final decision," for real estate brokers and salespersons, means any final decision issued by the director of the department of licensing for real estate brokers and salespersons.

       (9) "Unsupervised" means not in the presence of:

       (a) Another employee or volunteer from the same business or organization as the applicant; or

       (b) Any relative or guardian of any of the children or developmentally disabled persons or vulnerable adults to which the applicant has access during the course of his or her employment or involvement with the business or organization.

       (10) "Vulnerable adult" means "vulnerable adult" as defined in chapter 74.34 RCW, except that for the purposes of requesting and receiving background checks pursuant to RCW 43.43.832, it shall also include adults of any age who lack the functional, mental, or physical ability to care for themselves.

       (11) "Financial exploitation" means the illegal or improper use of a vulnerable adult or that adult's resources for another person's profit or advantage.

       (12) "Agency" means any person, firm, partnership, association, corporation, or facility which receives, provides services to, houses or otherwise cares for vulnerable adults.

       NEW SECTION. Sec. 6. A new section is added to chapter 26.10 RCW to read as follows:

       (1) A party seeking a custody order shall submit, along with his or her motion, an affidavit declaring that the child is not in the physical custody of one of its parents or that neither parent is a suitable custodian and setting forth facts supporting the requested order. The party seeking custody shall give notice, along with a copy of the affidavit, to other parties to the proceedings, who may file opposing affidavits.

       (2) The court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the affidavits, in which case it shall set a date for hearing on an order to show cause why the requested order should not be granted.

       NEW SECTION. Sec. 7. A new section is added to chapter 26.10 RCW to read as follows:

       (1) Every petition filed in proceedings under this chapter shall contain a statement alleging whether the child is or may be an Indian child as defined in 25 U.S.C. Sec. 1903. If the child is an Indian child as defined under the Indian child welfare act, the provisions of the act shall apply.

       (2) Every order or decree entered in any proceeding under this chapter shall contain a finding that the Indian child welfare act does or does not apply. Where there is a finding that the Indian child welfare act does apply, the decree or order must also contain a finding that all notice requirements and evidentiary requirements under the Indian child welfare act have been satisfied."

      There being no objection, the following title amendment was adopted:

       On page 1, line 2 of the title, after "petitions;" strike the remainder of the title and insert "amending RCW 13.50.100, 26.10.030, and 43.43.830; adding new sections to chapter 26.10 RCW; and adding a new section to chapter 26.50 RCW."

 

 

MOTION

 

      On motion of Senator Stevens, the rules were suspended, House Bill No. 1878, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1878, as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1878, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

       HOUSE BILL NO. 1878, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

MOTIONS

 

      On motion of Senator Hewitt, Senators Johnson and McCaslin were excused.

      On motion of Senator Eide, Senator Fairley was excused.

 

SECOND READING

 

      HOUSE JOINT MEMORIAL NO. 4021, by Representatives Wallace, Crouse, Morris, Condotta, Lovick, Kessler, Darneille, Berkey, Hatfield, Hudgins, Moeller and Blake

 

Requesting that the Bonneville Power Administration not raise rates.

 

      The joint memorial was read the second time.

 

MOTION

 

      On motion of Senator Benton, the following Committee on Natural Resources, Energy and Water amendment was adopted:

       Beginning on page 1, after line 10, strike all material through "Washington." on page 3, line 2, and insert the following:

       "WHEREAS, The State of Washington's economy is constructed on affordable and reliable electricity; and

       WHEREAS, Energy prices in the Northwest are threatening businesses and industries, including aluminum companies; and

       WHEREAS, The Bonneville Power Administration is proposing yet another rate increase to go into effect on October 1, 2003; and

       WHEREAS, The proposed increase is 15% more than the current rates, which are already extremely high due to the more than 50% increase that has already occurred in the last couple of years; and

       WHEREAS, This increase will cost the state's economy one billion dollars over the next three years; and

       WHEREAS, Many industries moved to Washington to take advantage of low-cost hydroelectric power. They are now paying more for power in Washington than in most of their other locations in the nation; and

       WHEREAS, Without affordable energy for these industries (aluminum, pulp and paper, aerospace, agriculture, etc.), thousands of family-wage jobs will be lost; and

       WHEREAS, Many of these jobs are in rural and economically challenged areas. These industries are at the core of many Northwest communities and provide the foundation for numerous secondary employment opportunities and also provide substantial tax revenues; and

       WHEREAS, The proposed rate increase will do more than jeopardize high paying jobs. The nation is suffering a severe recession and the Pacific Northwest is already the hardest hit region in the country; and

       WHEREAS, Any increase in Bonneville Power Administration rates will only slow or prevent economic recovery as well as exacerbate the state's budget crisis; and

       WHEREAS, The Bonneville Power Administration has the tools available to meet all of its legal obligations, including protecting fish and wildlife, without raising rates; and

       WHEREAS, As a result of its $500 million in prepayments to Treasury to avoid a rate increase, the Bonneville Power Administration can cut costs (not just slow its rate of growth) and utilize its newly acquired additional borrowing authority and the flexibility it has garnered; and

       WHEREAS, This region simply cannot support an additional billion dollar hit to its economy over the next three years;

       NOW, THEREFORE, Your Memorialists respectfully communicate their request for the Bonneville Power Administration to refrain from adopting rate increases at this time, unless absolutely necessary to preserve its bond rating, and to use other tools at its disposal to manage costs until economic recovery is in sight.

       BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable George W. Bush, President of the United States, Steven Wright, Administrator of the Bonneville Power Administration, Spencer Abraham, Secretary of Energy, Tom Ridge, Secretary of the Department of Homeland Security, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington."

 

MOTION

 

      On motion of Senator Benton, the rules were suspended, House Joint Memorial No 4021, as amended by the Senate, was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Joint Memorial No. 4021, as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Joint Memorial No. 4021, as amended by the Senate, and the joint memorial passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.

     Excused: Senators Fairley, Johnson and McCaslin - 3.

      HOUSE JOINT MEMORIAL NO. 4021, as amended by the Senate, having received the constitutional majority, was declared passed.

 

PERSONAL PRIVILEGE

 

      Senator Stevens: “A point of personal privilege, Mr. President. I just want to remind the members that you have all been invited to come to the ALEC luncheon which is being held today over in A, B and C meeting rooms. It is an opportunity to learn about Washington, D.C. this summer and the many benefits that ALEC affords those who are members. So, just wanted to remind you to come.”

 

MOTION

 

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

 

MESSAGE FROM THE HOUSE

April 14, 2003

MR. PRESIDENT:

      The House has passed:

       ENGROSSED SUBSTITUTE SENATE BILL NO. 5223,

      SUBSTITUTE SENATE BILL NO. 5236,

      SUBSTITUTE SENATE BILL NO. 5600,

      SUBSTITUTE SENATE BILL NO. 5601,

      SUBSTITUTE SENATE BILL NO. 5616,

      SENATE BILL NO. 5726,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5766,

      SENATE BILL NO. 5898,

      SENATE JOINT MEMORIAL NO. 8003,

      SENATE JOINT MEMORIAL NO. 8012,

      SENATE JOINT MEMORIAL NO. 8015, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

 

 

SIGNED BY THE PRESIDENT

 

      The President signed:

       ENGROSSED SUBSTITUTE SENATE BILL NO. 5223,

      SUBSTITUTE SENATE BILL NO. 5236,

      SUBSTITUTE SENATE BILL NO. 5600,

      SUBSTITUTE SENATE BILL NO. 5601,

      SUBSTITUTE SENATE BILL NO. 5616,

      SENATE BILL NO. 5726,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5766,

      SENATE BILL NO. 5898,

      SENATE JOINT MEMORIAL NO. 8003,

      SENATE JOINT MEMORIAL NO. 8012,

      SENATE JOINT MEMORIAL NO. 8015.

 

MOTION

 

      At 12:03 p.m., on motion of Senator Sheahan, the Senate recessed until 1:30 p.m.

 

      The Senate was called to order at 1:30 p.m. by President Owen.

 

      There being no objection, the President advanced the Senate to the sixth order of business.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT

 

MOTION

 

      On motion of Senator Reardon, Gubernatorial Appointment No. 9118, Brent Stewart, as a member of the Board of Trustees for Western Washington University, was confirmed.

 

APPOINTMENT OF BRENT STEWART

 

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 3; Excused, 1.

     Voting yea: Senators Benton, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.

     Absent: Senators Brandland, Finkbeiner and Morton - 3.

     Excused: Senator Johnson - 1.

 

SECOND READING

 

      SECOND SUBSTITUTE HOUSE BILL NO. 1003, by House Committee on Appropriations (originally sponsored by Representatives Morris, Linville, Wood, Anderson, O'Brien and Sullivan)

 

Creating the research and technology transfer commission.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Esser, the following Committee on Technology and Communications striking amendment was not adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. It is the intent of the legislature to promote growth in the technology sectors of our state's economy and to particularly focus support on the creation and commercialization of intellectual property in the technology, energy, and telecommunications industries.

       NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

       (1) "Center" means the Washington technology center established under RCW 28B.20.283 through 28B.20.295.

       (2) "Board" means the board of directors for the center.

       NEW SECTION. Sec. 3. The investing in innovation account is created in the custody of the state treasurer. Expenditures from the account may be used only for grants awarded by the center and for administering the grant award program. Only the executive director of the Washington technology center or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

       NEW SECTION. Sec. 4. (1) The investing in innovation grants program is established.

       (2) The center shall periodically make strategic assessments of the types of state investments in research and technology in this state that would likely create jobs and business opportunities and produce the most beneficial long-term improvements to the lives and health of the citizens of the state. The assessments shall be available to the public and shall be used to guide decisions on awarding grants under this chapter.

       NEW SECTION. Sec. 5. The board shall:

       (1) Develop criteria for the awarding of grants to qualifying universities, institutions, or individuals;

       (2) Make decisions regarding distribution of grant funds and make grant awards; and

       (3) In making grant awards, seek to provide a balance between research grant awards and commercialization grant awards.

       NEW SECTION. Sec. 6. (1) The board may accept grant proposals and establish a competitive process for the awarding of grants.

       (2) The board shall establish a peer review committee to include board members, scientists, engineers, and individuals with specific recognized expertise. The peer review committee shall provide to the board an independent peer review of all proposals determined to be competitive for a grant award that are submitted to the board.

       (3) In the awarding of grants, priority shall be given to proposals that leverage additional private and public funding resources.

       (4) Up to fifty percent of available funds from the investing in innovation account may be used to support commercialization opportunities for research in Washington state.

       (5) The center may not be a direct recipient of grant awards under this act.

       NEW SECTION. Sec. 7. The board shall establish performance benchmarks against which the program will be evaluated. The grants program shall be reviewed periodically by the board. The board shall report annually to the appropriate standing committees of the legislature on grants awarded and as appropriate on program reviews conducted by the board.

       NEW SECTION. Sec. 8. (1) The center shall administer the investing in innovation grants program.

       (2) Not more than one percent of the available funds from the investing in innovation account may be used for administrative costs of the program.

       Sec. 9. RCW 43.79A.040 and 2002 c 322 s 5, 2002 c 204 s 7, and 2002 c 61 s 6 are each reenacted and amended to read as follows:

       (1) Money in the treasurer's trust fund may be deposited, invested, and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury.

       (2) All income received from investment of the treasurer's trust fund shall be set aside in an account in the treasury trust fund to be known as the investment income account.

       (3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

       (4)(a) Monthly, the state treasurer shall distribute the earnings credited to the investment income account to the state general fund except under (b) and (c) of this subsection.

       (b) The following accounts and funds shall receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The Washington promise scholarship account, the college savings program account, the Washington advanced college tuition payment program account, the agricultural local fund, the American Indian scholarship endowment fund, the basic health plan self-insurance reserve account, the Washington state combined fund drive account, the Washington international exchange scholarship endowment fund, the developmental disabilities endowment trust fund, the energy account, the fair fund, the fruit and vegetable inspection account, the game farm alternative account, the grain inspection revolving fund, the juvenile accountability incentive account, the rural rehabilitation account, the stadium and exhibition center account, the youth athletic facility account, the self-insurance revolving fund, the sulfur dioxide abatement account, ((and)) the children's trust fund, and the investing in innovation account. However, the earnings to be distributed shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

       (c) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The advanced right of way revolving fund, the advanced environmental mitigation revolving account, the city and county advance right-of-way revolving fund, the federal narcotics asset forfeitures account, the high occupancy vehicle account, the local rail service assistance account, and the miscellaneous transportation programs account.

       (5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

       Sec. 10. RCW 28B.20.285 and 1992 c 142 s 3 are each amended to read as follows:

       A Washington technology center is created to be a collaborative effort between the state's universities, private industry, and government. The technology center shall be headquartered at the University of Washington. The mission of the technology center shall be to perform and commercialize research on a statewide basis that benefits the intermediate and long-term economic vitality of the state of Washington, and to develop and strengthen university-industry relationships through the conduct of research that is primarily of interest to Washington-based companies or state economic development programs. The technology center shall:

       (1) Perform and/or facilitate research supportive of state science and technology objectives, particularly as they relate to state industries;

       (2) Provide leading edge collaborative research and technology transfer opportunities primarily to state industries;

       (3) Provide substantial opportunities for training undergraduate and graduate students through direct involvement in research and industry interactions;

       (4) Emphasize and develop nonstate support of the technology center's research activities; ((and))

       (5) Administer the investing in innovation grants program; and

       (6) Provide a forum for effective interaction between the state's technology-based industries and its academic research institutions through promotion of faculty collaboration with industry, particularly within the state.

       Sec. 11. RCW 28B.20.289 and 1995 c 399 s 26 are each amended to read as follows:

       (1) The technology center shall be administered by the board of directors of the technology center.

       (2) The board shall consist of the following members: Fourteen members from among individuals who are associated with or employed by technology-based industries and have broad business experience and an understanding of high technology; eight members from the state's universities with graduate science and engineering programs; the executive director of the Spokane Intercollegiate Research and Technology Institute or his or her designated representative; the provost of the University of Washington or his or her designated representative; the provost of the Washington State University or his or her designated representative; and the director of the department of community, trade, and economic development or his or her designated representative. The term of office for each board member, excluding the executive director of the Spokane Intercollegiate Research and Technology Institute, the provost of the University of Washington, the provost of the Washington State University, and the director of the department of community, trade, and economic development, shall be three years. The executive director of the technology center shall be an ex officio, nonvoting member of the board. The board shall meet at least quarterly. Board members shall be appointed by the governor based on the recommendations of the existing board of the technology center, and the research universities. The governor shall stagger the terms of the first group of appointees to ensure the long term continuity of the board.

       (3) The duties of the board include:

       (a) Developing the general operating policies for the technology center;

       (b) Appointing the executive director of the technology center;

       (c) Approving the annual operating budget of the technology center;

       (d) Establishing priorities for the selection and funding of research projects that guarantee the greatest potential return on the state's investment;

       (e) Approving and allocating funding for research projects conducted by the technology center, based on the recommendations of the advisory committees for each of the research centers;

       (f) In cooperation with the department of community, trade, and economic development, developing a biennial work plan and five-year strategic plan for the technology center that are consistent with the statewide technology development and commercialization goals;

       (g) Coordinating with the University of Washington, Washington State University, and other participating institutions of higher education in the development of training, research, and development programs to be conducted at the technology center that shall be targeted to meet industrial needs;

       (h) Assisting the department of community, trade, and economic development in the department's efforts to develop state science and technology public policies and coordinate publicly funded programs;

       (I) Performing the duties required under chapter 70.-- RCW (sections 1 through 8 of this act) relating to the investing in innovation grants program;

       (j) Reviewing annual progress reports on funded research projects that are prepared by the advisory committees for each of the research centers;

       (((j))) (k) Providing an annual report to the governor and the legislature detailing the activities and performance of the technology center; and

       (((k))) (l) Submitting annually to the department of community, trade, and economic development an updated strategic plan and a statement of performance measured against the mission, roles, and contractual obligations of the technology center.

       NEW SECTION. Sec. 12. Sections 1 through 8 of this act constitute a new chapter in Title 70 RCW."

 

MOTION

 

      On motion of Senator Esser, the following striking amendment by Senators Esser, Brown and West was adopted:

       Strike everything after the enacting clause and insert the following:                   "NEW SECTION. Sec. 1. It is the intent of the legislature to promote growth in the technology sectors of our state's economy and to particularly focus support on the creation and commercialization of intellectual property in the technology, energy, and telecommunications industries.

       NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

       (1) "Center" means the Washington technology center established under RCW 28B.20.283 through 28B.20.295.

       (2) "Board" means the board of directors for the center.

       NEW SECTION. Sec. 3. The investing in innovation account is created in the custody of the state treasurer. Expenditures from the account may be used only for grants awarded by the center and for administering the grant award program. Only the executive director of the Washington technology center or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

       NEW SECTION. Sec. 4. (1) The investing in innovation grants program is established.

       (2) The center shall periodically make strategic assessments of the types of state investments in research and technology in this state that would likely create jobs and business opportunities and produce the most beneficial long-term improvements to the lives and health of the citizens of the state. The assessments shall be available to the public and shall be used to guide decisions on awarding grants under this chapter.

       NEW SECTION. Sec. 5. The board shall:

       (1) Develop criteria for the awarding of grants to qualifying universities, institutions, businesses, or individuals;

       (2) Make decisions regarding distribution of grant funds and make grant awards; and

       (3) In making grant awards, seek to provide a balance between research grant awards and commercialization grant awards.

       NEW SECTION. Sec. 6. (1) The board may accept grant proposals and establish a competitive process for the awarding of grants.

       (2) The board shall establish a peer review committee to include board members, scientists, engineers, and individuals with specific recognized expertise. The peer review committee shall provide to the board an independent peer review of all proposals determined to be competitive for a grant award that are submitted to the board.

       (3) In the awarding of grants, priority shall be given to proposals that leverage additional private and public funding resources.

       (4) Up to fifty percent of available funds from the investing in innovation account may be used to support commercialization opportunities for research in Washington state through an organization with commercialization expertise such as the Spokane intercollegiate research and technology institute.

       (5) The center may not be a direct recipient of grant awards under this act.

       NEW SECTION. Sec. 7. The board shall establish performance benchmarks against which the program will be evaluated. The grants program shall be reviewed periodically by the board. The board shall report annually to the appropriate standing committees of the legislature on grants awarded and as appropriate on program reviews conducted by the board.

       NEW SECTION. Sec. 8. (1) The center shall administer the investing in innovation grants program.

       (2) Not more than one percent of the available funds from the investing in innovation account may be used for administrative costs of the program.

       Sec. 9. RCW 43.79A.040 and 2002 c 322 s 5, 2002 c 204 s 7, and 2002 c 61 s 6 are each reenacted and amended to read as follows:

       (1) Money in the treasurer's trust fund may be deposited, invested, and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury.

       (2) All income received from investment of the treasurer's trust fund shall be set aside in an account in the treasury trust fund to be known as the investment income account.

       (3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

       (4)(a) Monthly, the state treasurer shall distribute the earnings credited to the investment income account to the state general fund except under (b) and (c) of this subsection.

       (b) The following accounts and funds shall receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The Washington promise scholarship account, the college savings program account, the Washington advanced college tuition payment program account, the agricultural local fund, the American Indian scholarship endowment fund, the basic health plan self-insurance reserve account, the Washington state combined fund drive account, the Washington international exchange scholarship endowment fund, the developmental disabilities endowment trust fund, the energy account, the fair fund, the fruit and vegetable inspection account, the game farm alternative account, the grain inspection revolving fund, the juvenile accountability incentive account, the rural rehabilitation account, the stadium and exhibition center account, the youth athletic facility account, the self-insurance revolving fund, the sulfur dioxide abatement account, ((and)) the children's trust fund, and the investing in innovation account. However, the earnings to be distributed shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

       (c) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The advanced right of way revolving fund, the advanced environmental mitigation revolving account, the city and county advance right-of-way revolving fund, the federal narcotics asset forfeitures account, the high occupancy vehicle account, the local rail service assistance account, and the miscellaneous transportation programs account.

       (5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

       Sec. 10. RCW 28B.20.285 and 1992 c 142 s 3 are each amended to read as follows:

       A Washington technology center is created to be a collaborative effort between the state's universities, private industry, and government. The technology center shall be headquartered at the University of Washington. The mission of the technology center shall be to perform and commercialize research on a statewide basis that benefits the intermediate and long-term economic vitality of the state of Washington, and to develop and strengthen university-industry relationships through the conduct of research that is primarily of interest to Washington-based companies or state economic development programs. The technology center shall:

       (1) Perform and/or facilitate research supportive of state science and technology objectives, particularly as they relate to state industries;

       (2) Provide leading edge collaborative research and technology transfer opportunities primarily to state industries;

       (3) Provide substantial opportunities for training undergraduate and graduate students through direct involvement in research and industry interactions;

       (4) Emphasize and develop nonstate support of the technology center's research activities; ((and))

       (5) Administer the investing in innovation grants program; and

       (6) Provide a forum for effective interaction between the state's technology-based industries and its academic research institutions through promotion of faculty collaboration with industry, particularly within the state.

       Sec. 11. RCW 28B.20.289 and 1995 c 399 s 26 are each amended to read as follows:

       (1) The technology center shall be administered by the board of directors of the technology center.

       (2) The board shall consist of the following members: Fourteen members from among individuals who are associated with or employed by technology-based industries and have broad business experience and an understanding of high technology; eight members from the state's universities with graduate science and engineering programs; the executive director of the Spokane Intercollegiate Research and Technology Institute or his or her designated representative; the provost of the University of Washington or his or her designated representative; the provost of the Washington State University or his or her designated representative; and the director of the department of community, trade, and economic development or his or her designated representative. The term of office for each board member, excluding the executive director of the Spokane Intercollegiate Research and Technology Institute, the provost of the University of Washington, the provost of the Washington State University, and the director of the department of community, trade, and economic development, shall be three years. The executive director of the technology center shall be an ex officio, nonvoting member of the board. The board shall meet at least quarterly. Board members shall be appointed by the governor based on the recommendations of the existing board of the technology center, and the research universities. The governor shall stagger the terms of the first group of appointees to ensure the long term continuity of the board.

       (3) The duties of the board include:

       (a) Developing the general operating policies for the technology center;

       (b) Appointing the executive director of the technology center;

       (c) Approving the annual operating budget of the technology center;

       (d) Establishing priorities for the selection and funding of research projects that guarantee the greatest potential return on the state's investment;

       (e) Approving and allocating funding for research projects conducted by the technology center, based on the recommendations of the advisory committees for each of the research centers;

       (f) In cooperation with the department of community, trade, and economic development, developing a biennial work plan and five-year strategic plan for the technology center that are consistent with the statewide technology development and commercialization goals;

       (g) Coordinating with the University of Washington, Washington State University, and other participating institutions of higher education in the development of training, research, and development programs to be conducted at the technology center that shall be targeted to meet industrial needs;

       (h) Assisting the department of community, trade, and economic development in the department's efforts to develop state science and technology public policies and coordinate publicly funded programs;

       (I) Performing the duties required under chapter 70.-- RCW (sections 1 through 8 of this act) relating to the investing in innovation grants program;

       (j) Reviewing annual progress reports on funded research projects that are prepared by the advisory committees for each of the research centers;

       (((j))) (k) Providing an annual report to the governor and the legislature detailing the activities and performance of the technology center; and

       (((k))) (l) Submitting annually to the department of community, trade, and economic development an updated strategic plan and a statement of performance measured against the mission, roles, and contractual obligations of the technology center.

       NEW SECTION. Sec. 12. Sections 1 through 8 of this act constitute a new chapter in Title 70 RCW."

      There being no objection, the following title amendment was adopted:

       On page 1, line 2 of the title, after "transfer;" strike the remainder of the title and insert "amending RCW 28B.20.285 and 28B.20.289; reenacting and amending RCW 43.79A.040; and adding a new chapter to Title 70 RCW."

 

MOTION

 

      On motion of Senator Esser, the rules were suspended, Second Substitute House Bill No 1003, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 1003, as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Second Substitute House Bill No. 1003, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

     Voting yea: Senators Benton, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Absent: Senator Brandland - 1.

      SECOND SUBSTITUTE HOUSE BILL NO. 1003, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1530, by House Committee on Judiciary (originally sponsored by Representatives Grant, Holmquist, Armstrong, Blake, Shabro, Talcott, Ruderman, Schual-Berke, Schoesler, Hinkle, Condotta, Newhouse, Skinner, Sehlin, Bailey, Woods, Kristiansen and Alexander)

 

Changing rules for venue for declaratory judgments under the administrative procedure act.

 

      The bill was read the second time.

 

MOTION

 

      Senator Kline moved that the following amendment be adopted:

       On page 2, after "county" on line 6, delete ", Clark county, Spokane county, Whatcom county, or Yakima county," and insert "or Spokane county"

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senator Kline on page 2, line 6, to Engrossed Substitute House Bill No. 1530.

      The motion by Senator Kline failed and the amendment was not adopted.

 

MOTION

 

      On motion of Senator Esser, the rules were suspended, Engrossed Substitute House Bill No. 1530 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1530.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1530 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 14; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Esser, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, Kastama, Keiser, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Rasmussen, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Stevens, West, Winsley and Zarelli - 35.

     Voting nay: Senators Brown, Eide, Fairley, Franklin, Fraser, Jacobsen, Kline, Kohl-Welles, McAuliffe, Prentice, Regala, Spanel, Swecker and Thibaudeau - 14.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1530, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

MOTION

 

      On motion of Senator Hewitt, Senators Benton and Zarelli were excused.

 

SECOND READING

 

      HOUSE BILL NO. 1351, by Representatives Flannigan and Moeller (by request of Office of the Code Reviser)

 

Correcting outdated internal references.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Esser, the rules were suspended, House Bill No. 1351 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1351.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1351 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 47.

     Excused: Senators Benton and Zarelli - 2.

        HOUSE BILL NO. 1351, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1213, by House Committee on State Government (originally sponsored by Representatives Haigh, Armstrong, Morris, Hatfield, Linville, Ruderman and Rockefeller (by request of Governor Locke)

 

Eliminating boards and commissions.

 

      The bill was read the second time.

 

MOTION

 

      Senator Roach moved that the following Committee on Government Operations and Elections striking amendment be adopted:

      Strike everything after the enacting clause and insert the following:

 

"PART 1

HEALTH CARE POLICY TECHNICAL ADVISORY COMMITTEE

 

       NEW SECTION. Sec. 101. RCW 41.05.150 (Health care policy technical advisory committee) and 1988 c 107 s 14 are each repealed.

 

PART 2

GOVERNOR'S SMALL BUSINESS IMPROVEMENT COUNCIL

 

       NEW SECTION. Sec. 201. The following acts or parts of acts are each repealed:

       (1) RCW 43.175.010 (Governor's small business improvement council-- Established--Membership--Travel expenses--Staff support and administrative assistance) and 1987 c 348 s 6, 1985 c 466 s 62, & 1984 c 282 s 7;

       (2) RCW 43.175.020 (Duties) and 1998 c 245 s 53, 1987 c 348 s 7, 1985 c 466 s 63, & 1984 c 282 s 8; and

       (3) RCW 43.175.901 (Severability--1984 c 282) and 1984 c 282 s 17.

 

PART 3

REBUILDING FAMILIES ADVISORY COMMITTEE

 

       NEW SECTION. Sec. 301. By July 1, 2003, the secretary of the department of corrections shall abolish the rebuilding families advisory committee.

 

PART 4

INDEPENDENT LIVING ADVISORY COMMITTEE

 

       NEW SECTION. Sec. 401. By July 1, 2003, the director of the department of services for the blind shall abolish the independent living advisory committee.

 

PART 5

OCEAN SPOT SHRIMP EMERGING FISHERY ADVISORY BOARD

 

       NEW SECTION. Sec. 501. By July 1, 2003, the director of the department of fish and wildlife shall abolish the ocean spot shrimp emerging fishery advisory board.

 

PART 6

WATER TRAIL ADVISORY COMMITTEE

 

       Sec. 601. RCW 79A.05.385 and 1993 c 182 s 2 are each amended to read as follows:

       In addition to its other powers, duties, and functions, the commission may:

       (1) Plan, construct, and maintain suitable facilities for water trail activities on lands administered or acquired by the commission or as authorized on lands administered by tribes or other public agencies or private landowners by agreement.

       (2) Provide and issue, upon payment of the proper fee, with the assistance of those authorized agents as may be necessary for the convenience of the public, water trail permits to utilize designated water trail facilities. The commission may((, after consultation with the water trail advisory committee,)) adopt rules authorizing reciprocity of water trail permits provided by another state or Canadian province, but only to the extent that a similar exemption or provision for water trail permits is issued by that state or province.

       (3) Compile, publish, distribute, and charge a fee for maps or other forms of public information indicating areas and facilities suitable for water trail activities.

       (4) Contract with a public agency, private entity, or person for the actual conduct of these duties.

       (5) Work with individuals or organizations who wish to volunteer their time to support the water trail recreation program.

       Sec. 602. RCW 79A.05.400 and 1993 c 182 s 5 are each amended to read as follows:

       A person may not participate as a user of the water trail recreation program without first obtaining a water trail permit. A person must renew this permit on an annual basis in order to continue to participate as a user of the program. The fee for the issuance of the statewide water trail permit for each year shall be determined by the commission ((after consultation with the water trail advisory committee)). All statewide water trail permits shall expire on the last day of December of the year for which the permit is issued.

       Sec. 603. RCW 79A.05.410 and 1993 c 182 s 7 are each amended to read as follows:

       The commission may((, after consultation with the water trail advisory committee,)) adopt rules to administer the water trail program and facilities on areas owned or administered by the commission. Where water trail facilities administered by other public or private entities are incorporated into the water trail system, the rules adopted by those entities shall prevail. The commission is not responsible or liable for enforcement of these alternative rules.

       NEW SECTION. Sec. 604. RCW 79A.05.420 (Water trail advisory committee) and 2000 c 11 s 41, 1994 c 264 s 21, & 1993 c 182 s 9 are each repealed.

 

PART 7

COMMUNITY OUTDOOR ATHLETIC FIELDS ADVISORY COUNCIL

 

       Sec. 701. RCW 79A.25.800 and 2000 c 11 s 80 are each amended to read as follows:

       (1) The legislature recognizes that coordinated funding efforts are needed to maintain, develop, and improve the state's community outdoor athletic fields. Rapid population growth and increased urbanization have caused a decline in suitable outdoor fields for community athletic activities and has resulted in overcrowding and deterioration of existing surfaces. Lack of adequate community outdoor athletic fields directly affects the health and well-being of all citizens of the state, reduces the state's economic viability, and prevents Washington from maintaining and achieving the quality of life that it deserves. Therefore, it is the policy of the state and its agencies to maintain, develop, fund, and improve youth or community athletic facilities, including but not limited to community outdoor athletic fields.

       (2) In carrying out this policy, the legislature intends to promote the building of new community outdoor athletic fields, the upgrading of existing community outdoor athletic fields, and the maintenance of existing community outdoor athletic fields across the state of Washington. ((The purpose of RCW 79A.25.800 through 79A.25.830 is to create an advisory council to provide information and advice to the interagency committee for outdoor recreation in the distribution of the funds in the youth athletic facility grant account established in RCW 43.99N.060(4).))

       Sec. 702. RCW 79A.25.820 and 2000 c 11 s 81 are each amended to read as follows:

       Subject to available resources, the interagency committee for outdoor recreation((, in consultation with the community outdoor athletic fields advisory council)) may:

       (1) Prepare and update a strategic plan for the development, maintenance, and improvement of community outdoor athletic fields in the state. In the preparation of such plan, the interagency committee for outdoor recreation may use available data from federal, state, and local agencies having community outdoor athletic responsibilities, user groups, private sector interests, and the general public. The plan may include, but is not limited to:

       (a) An inventory of current community outdoor athletic fields;

       (b) A forecast of demand for these fields;

       (c) An identification and analysis of actual and potential funding sources; and

       (d) Other information the interagency committee for outdoor recreation deems appropriate to carry out the purposes of RCW 79A.25.800 through 79A.25.830;

       (2) Determine the eligibility requirements for cities, counties, and qualified nonprofit organizations to access funding from the youth athletic facility ((grant)) account created in RCW 43.99N.060(4);

       (3) Encourage and provide opportunities for interagency and regional coordination and cooperative efforts between public agencies and between public entities and nonprofit organizations involved in the maintenance, development, and improvement of community outdoor athletic fields; and

       (4) Create and maintain data, studies, research, and other information relating to community outdoor athletic fields in the state, and to encourage the exchange of this information.

       NEW SECTION. Sec. 703. RCW 79A.25.810 (Community outdoor athletic fields advisory council) and 2001 c 245 s 1 & 1998 c 264 s 2 are each repealed.

 

PART 8

ARTHRITIS ADVISORY GROUP

 

       NEW SECTION. Sec. 801. By July 1, 2003, the secretary of the department of health shall abolish the arthritis advisory group.

 

PART 9

COMMITTEE ON TAXATION AND

ADVISORY GROUP TO THE COMMITTEE ON TAXATION

 

       NEW SECTION. Sec. 901. By July 1, 2003, the director of revenue shall abolish the committee on taxation and the advisory group to the committee on taxation created by section 137(1), chapter 371, Laws of 2002.

 

PART 10

MISCELLANEOUS

 

       NEW SECTION. Sec. 1001. Part headings used in this act are not any part of the law.

       NEW SECTION. Sec. 1002. Sections 701 and 702 of this act expire one year after RCW 82.14.0494 expires.

       NEW SECTION. Sec. 1003. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the Committee on Government Operations and Elections striking amendment to Substitute House Bill No. 1213.

      The motion by Senator Roach carried and the committee striking amendment was adopted.

      There being no objection, the following title amendment was adopted:

       On page 1, line 1 of the title, after "commissions;" strike the remainder of the title and insert "amending RCW 79A.05.385, 79A.05.400, 79A.05.410, 79A.25.800, and 79A.25.820; creating new sections; repealing RCW 41.05.150, 43.175.010, 43.175.020, 43.175.901, 79A.05.420, and 79A.25.810; providing an effective date; providing a contingent expiration date; and declaring an emergency."

 

MOTION

 

      On motion of Senator Roach, the rules were suspended, Substitute House Bill No 1213, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1213, as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1213, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 47.

     Excused: Senators Benton and Zarelli - 2.

      SUBSTITUTE HOUSE BILL NO. 1213, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

MOTION

 

      On motion of Senator Hewitt, Senator Johnson was excused.

 

SECOND READING

 

      HOUSE BILL NO. 1954, by Representatives Moeller and McMahan

 

Permitting a retired judge acting as a judge pro tempore to decline compensation.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Esser, the rules were suspended, House Bill No. 1954 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1954.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1954 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 46.

     Excused: Senators Benton, Johnson and Zarelli - 3.

      HOUSE BILL NO. 1954, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

      HOUSE BILL NO. 1296, by Representatives Moeller and Pflug (by request of Department of Health)

 

Making corrections to the department of health's professional and facilities licensing provisions.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Deccio, the rules were suspended, House Bill No. 1296 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1296.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1296 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

     Voting yea: Senators Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 46.

     Absent: Senator Poulsen - 1.

     Excused: Senators Benton and Zarelli - 2.

      HOUSE BILL NO. 1296, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

      HOUSE BILL NO. 2065, by Representatives Simpson and Edwards

 

Facilitating license plate technology advances.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Horn, the following Committee on Highways and Transportation striking amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 46.16.230 and 1992 c 7 s 41 are each amended to read as follows:

       (1) The director shall furnish to all persons making satisfactory application for vehicle license as provided by law, two identical vehicle license number plates each containing the vehicle license number to be displayed on such vehicle as by law required: PROVIDED, That if the vehicle to be licensed is a trailer, semitrailer or motorcycle only one vehicle license number plate shall be issued for each thereof. The number and plate shall be of such size and color and shall contain such symbols indicative of the registration period for which the same is issued and of the state of Washington, as shall be determined and prescribed by the director. Any vehicle license number plate or plates issued to a dealer shall contain thereon a sufficient and satisfactory indication that such plates have been issued to a dealer in vehicles. All vehicle license number plates ((may)) shall be obtained by the director from the metal working plant of a state correctional facility ((or from any source in accordance with existing state of Washington purchasing procedures)).

       (2) Notwithstanding the foregoing provisions of this section, the director may, in his discretion and under such rules and regulations as he may prescribe, adopt a type of vehicle license number plates whereby the same shall be used as long as legible on the vehicle for which issued, with provision for tabs or emblems to be attached thereto or elsewhere on the vehicle to signify renewals, in which event the term "vehicle license number plate" as used in any enactment shall be deemed to include in addition to such plate the tab or emblem signifying renewal except when such plate contains the designation of the current year without reference to any tab or emblem. Renewals shall be effected by the issuance and display of such tab or emblem.

       (3) The department shall implement a flat, digitally printed license plate system. This system must be in place and operational by July 1, 2004, and must be used to produce all license plates issued by the department by no later than January 1, 2007. The department must phase in the production of flat, digitally printed license plates by first issuing special and personalized plates using this system. Before January 1, 2007, the department may issue all license plates as flat, digitally printed license plates, if the department determines that production of all license plates by the digital printing system is economically viable.

       Sec. 2. RCW 46.16.233 and 2000 c 37 s 1 are each amended to read as follows:

       (1) Except for those license plates issued under RCW 46.16.305(1) before January 1, 1987, under RCW 46.16.305(3), and to commercial vehicles with a gross weight in excess of twenty-six thousand pounds, effective with vehicle registrations due or to become due on January 1, 2001, the appearance of all vehicle license plates must be ((issued on a standard background)) legible and clearly identifiable as a Washington state license plate, as designated by the department.

       (2) Additionally, to ensure maximum legibility and reflectivity, the department shall periodically provide for the replacement of license plates, except for commercial vehicles with a gross weight in excess of twenty-six thousand pounds. Frequency of replacement shall be established in accordance with empirical studies documenting the longevity of the reflective materials used to make license plates.

       (3) In providing for the periodic replacement of license plates, the department shall offer to vehicle owners the option of retaining their current license plate numbers. The department shall charge a retention fee of twenty dollars if this option is exercised. Revenue generated from the retention fee must be deposited into the license plate technology account created under section 4 of this act until such time as the financing necessary to implement a digital license plate system has been paid in full. After the financing has been paid in full, the revenue collected under this section shall be deposited into the multimodal transportation account.

       Sec. 3. RCW 46.01.140 and 2001 c 331 s 1 are each amended to read as follows:

       (1) The county auditor, if appointed by the director of licensing shall carry out the provisions of this title relating to the licensing of vehicles and the issuance of vehicle license number plates under the direction and supervision of the director and may with the approval of the director appoint assistants as special deputies and recommend subagents to accept applications and collect fees for vehicle licenses and transfers and to deliver vehicle license number plates.

       (2) A county auditor appointed by the director may request that the director appoint subagencies within the county.

       (a) Upon authorization of the director, the auditor shall use an open competitive process including, but not limited to, a written business proposal and oral interview to determine the qualifications of all interested applicants.

       (b) A subagent may recommend a successor who is either the subagent's sibling, spouse, or child, or a subagency employee, as long as the recommended successor participates in the open, competitive process used to select an applicant. In making successor recommendation and appointment determinations, the following provisions apply:

       (I) If a subagency is held by a partnership or corporate entity, the nomination must be submitted on behalf of, and agreed to by, all partners or corporate officers.

       (ii) No subagent may receive any direct or indirect compensation or remuneration from any party or entity in recognition of a successor nomination. A subagent may not receive any financial benefit from the transfer or termination of an appointment.

       (iii) (a) and (b) of this subsection are intended to assist in the efficient transfer of appointments in order to minimize public inconvenience. They do not create a proprietary or property interest in the appointment.

       (c) The auditor shall submit all proposals to the director, and shall recommend the appointment of one or more subagents who have applied through the open competitive process. The auditor shall include in his or her recommendation to the director, not only the name of the successor who is a relative or employee, if applicable and if otherwise qualified, but also the name of one other applicant who is qualified and was chosen through the open competitive process. The director has final appointment authority.

       (3)(a) A county auditor who is appointed as an agent by the department shall enter into a standard contract provided by the director, developed with the advice of the title and registration advisory committee.

       (b) A subagent appointed under subsection (2) of this section shall enter into a standard contract with the county auditor, developed with the advice of the title and registration advisory committee. The director shall provide the standard contract to county auditors.

       (c) The contracts provided for in (a) and (b) of this subsection must contain at a minimum provisions that:

       (I) Describe the responsibilities, and where applicable, the liability, of each party relating to the service expectations and levels, equipment to be supplied by the department, and equipment maintenance;

       (ii) Require the specific type of insurance or bonds so that the state is protected against any loss of collected motor vehicle tax revenues or loss of equipment;

       (iii) Specify the amount of training that will be provided by the state, the county auditor, or subagents;

       (iv) Describe allowable costs that may be charged to vehicle licensing activities as provided for in (d) of this subsection;

       (v) Describe the causes and procedures for termination of the contract, which may include mediation and binding arbitration.

       (d) The department shall develop procedures that will standardize and prescribe allowable costs that may be assigned to vehicle licensing and vessel registration and title activities performed by county auditors.

       (e) The contracts may include any provision that the director deems necessary to ensure acceptable service and the full collection of vehicle and vessel tax revenues.

       (f) The director may waive any provisions of the contract deemed necessary in order to ensure that readily accessible service is provided to the citizens of the state.

       (4)(a) At any time any application is made to the director, the county auditor, or other agent pursuant to any law dealing with licenses, registration, or the right to operate any vehicle or vessel upon the public highways or waters of this state, excluding applicants already paying such fee under RCW 46.16.070 or 46.16.085, the applicant shall pay to the director, county auditor, or other agent a fee of three dollars for each application in addition to any other fees required by law.

       (b) Counties that do not cover the expenses of vehicle licensing and vessel registration and title activities may submit to the department a request for cost-coverage moneys. The request must be submitted on a form developed by the department. The department shall develop procedures to verify whether a request is reasonable. Payment shall be made on requests found to be allowable from the licensing services account.

       (c) Applicants for certificates of ownership, including applicants paying fees under RCW 46.16.070 or 46.16.085, shall pay to the director, county auditor, or other agent a fee of four dollars in addition to any other fees required by law.

       (d) The fees under (a) and (c) of this subsection, if paid to the county auditor as agent of the director, or if paid to a subagent of the county auditor, shall be paid to the county treasurer in the same manner as other fees collected by the county auditor and credited to the county current expense fund. If the fee is paid to another agent of the director, the fee shall be used by the agent to defray his or her expenses in handling the application.

       (e) Applicants required to pay the three-dollar fee established under (a) of this subsection, must pay an additional ((fifty)) seventy- five cents, which must be collected and remitted to the state treasurer ((for deposit)) and distributed as follows:

       (I) Fifty cents must be deposited into the department of licensing services account of the motor vehicle fund((. Revenue deposited into this account)) and must be used for agent and subagent support, which is to include but not be limited to the replacement of department-owned equipment in the possession of agents and subagents.

       (ii) Twenty-five cents must be deposited into the license plate technology account created under section 4 of this act.

       (5) A subagent shall collect a service fee of (a) eight dollars and fifty cents for changes in a certificate of ownership, with or without registration renewal, or verification of record and preparation of an affidavit of lost title other than at the time of the title application or transfer and (b) three dollars and fifty cents for registration renewal only, issuing a transit permit, or any other service under this section.

       (6) If the fee is collected by the state patrol as agent for the director, the fee so collected shall be certified to the state treasurer and deposited to the credit of the state patrol highway account. If the fee is collected by the department of transportation as agent for the director, the fee shall be certified to the state treasurer and deposited to the credit of the motor vehicle fund. All such fees collected by the director or branches of his office shall be certified to the state treasurer and deposited to the credit of the highway safety fund.

       (7) Any county revenues that exceed the cost of providing vehicle licensing and vessel registration and title activities in a county, calculated in accordance with the procedures in subsection (3)(d) of this section, shall be expended as determined by the county legislative authority during the process established by law for adoption of county budgets.

       (8) The director may adopt rules to implement this section.

       NEW SECTION. Sec. 4. A new section is added to chapter 46.16 RCW to read as follows:

       The license plate technology account is created in the state treasury. All receipts collected under RCW 46.01.140(4)(e)(ii) must be deposited into this account. Expenditures from this account must support current and future license plate technology and systems integration upgrades for both the department and correctional industries. Moneys in the account may be spent only after appropriation. Additionally, the moneys in this account may be used to reimburse the motor vehicle account for any appropriation made to implement the digital license plate system.

       NEW SECTION. Sec. 5. A new section is added to chapter 46.16 RCW to read as follows:

       The department shall offer license plate design services to organizations that are sponsoring a new special license plate series or are seeking to redesign the appearance of an existing special license plate series that they sponsored. In providing this service, the department must work with the requesting organization in determining the specific qualities of the new plate design and must provide full design services to the organization. The department shall collect from the requesting organization a fee of one thousand five hundred dollars for providing license plate design services. This fee includes one original license plate design and up to five additional renditions of the original design. If the organization requests the department to provide further renditions, in addition to the five renditions provided for under the original fee, the department shall collect an additional fee of five hundred dollars per rendition. All revenue collected under this section must be deposited into the license plate technology account created under section 4 of this act until such time as the financing necessary to implement a digital license plate system has been paid in full. After the financing has been paid in full, the revenue collected under this section shall be deposited into the multimodal transportation account.

       NEW SECTION. Sec. 6. Sections 2 and 3 of this act take effect for renewals that are due or become due on or after November 1, 2003.

       NEW SECTION. Sec. 7. If this act is not referenced by bill or chapter number by June 30, 2003, in the omnibus transportation appropriations act, this act is null and void."

      There being no objection, the following title amendment was adopted: 

 

 

 

       On line 1 of the title, after "technology;" strike the remainder of the title and insert "amending RCW 46.16.230, 46.16.233, and 46.01.140; adding new sections to chapter 46.16 RCW; and creating new sections."

 

MOTION

 

      On motion of Senator Horn, the rules were suspended, House Bill No 2065, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

 

MOTION

 

      On motion of Senator Sheahan, further consideration of House Bill No. 2065, as amended by the Senate, was deferred.

 

SECOND READING

 

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1827, by House Committee on Health Care (originally sponsored by Representatives Moeller, Skinner, Fromhold, Schoesler, Romero, Sullivan, Hankins, Hunt, Morrell, Delvin, Cox, Kenney, Hinkle, Linville, Wood, Cody, Dunshee, Schual-Berke, Sehlin and Simpson)

 

Requiring information on meningitis immunization for college students.

 

MOTION

 

      Senator Deccio moved that the following Committee on Health and Long-Term Care striking amendment be adopted:

       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) Information on the vaccination that may prevent the student from contracting the disease, that students in the high-risk group consider receiving the vaccine, 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) This section does not create a private right of action.

       NEW SECTION. Sec. 2. This act takes effect July 1, 2004."

 

MOTION

 

      On motion of Senator Deccio, the following amendment by Senators Deccio and Sheahan to the Committee on Health and Long-Term Care striking amendment was adopted:

       On page 1, line 24 of the amendment, after "(4)" insert "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)"

      The President declared the question before the Senate to be the adoption of the Committee on Health and Long-Term Care striking amendment, as amended, to Engrossed Substitute House Bill No. 1827.

      The motion by Senator Deccio carried and the committee amendment, as amended, was adopted.

      There being no objection, the following title amendment was adopted:

       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."

 

MOTION

 

      On motion of Senator Deccio, the rules were suspended, Engrossed Substitute House Bill No 1827, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued. 

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1827, as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1827, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

     Voting yea: Senators Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

     Absent: Senator Hewitt - 1.

     Excused: Senator Benton - 1.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1827, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

 

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 2196, by House Committee on Appropriations (originally sponsored by Representatives Sommers and Fromhold) (by request of Office of Financial Management)

 

Revising and reporting on state agency allotments.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Rossi, the rules were suspended, Substitute House Bill No. 2196 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2196.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 2196 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SUBSTITUTE HOUSE BILL NO. 2196, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

      HOUSE BILL NO. 1576, by Representatives Campbell, Kirby, Newhouse and Moeller

 

Revising provisions relating to dismissal of citations for failure to provide proof of insurance.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Esser, the rules were suspended, House Bill No. 1576 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1576.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1576 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      HOUSE BILL NO. 1576, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

      SENATE BILL NO. 6059, by Senator Oke (by request of Office of Financial Management)

 

Modifying teacher cost-of-living provisions.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Rossi, the rules were suspended, Senate Bill No. 6059 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6059.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Senate Bill No. 6059 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 22; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Deccio, Esser, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Rasmussen, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 27.

     Voting nay: Senators Brown, Carlson, Doumit, Eide, Fairley, Franklin, Fraser, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Reardon, Regala, Roach, Sheldon, B., Shin, Spanel, Thibaudeau and Winsley - 22.

      SENATE BILL NO. 6059, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

      HOUSE BILL NO. 1734, by Representatives Romero, Hinkle, Moeller, Delvin, Grant, Jarrett and Flannigan (by request of Department of Community, Trade, and Economic Development)

 

      Updating the state building code.

 

      The bill was read the second time.

 

POINT OF ORDER

 

      Senator McCaslin: “A point of order, Mr. President. I submit that House Bill No. 1734 is not properly before the body, because the bill was not properly reported by the committee. Senate Rule 45, No. 7-- the rule governing committee procedure states, ‘Any measure which does not receive a majority vote of the members present may be reconsidered, etc.’ The rule is very specific in its authority to reconsider a measure that fails to receive a majority vote. The rule does not authorize reconsideration of a measure that does receive a majority vote may be reconsidered.

      “A brief chronology of House Bill No 1734 in the committee is as follows: The bill was voted out with a ‘do pass as amended’ recommendation on March 31, 2003. The bill was thereafter held in committee for four days. The bill was voted out a second time with a ‘do pass as amended’ recommendation on April 3, 2003. It was the second recommendation that was adopted by this body on the floor and the measure was referred to the Committee on Rules. I submit that this second vote was tantamount to a reconsideration and for this reason the bill is not now properly before us under Senate Rule 45, No. 7.

      “Mr. President, I readily admit that I did not raise the point of order in committee. Under previous rulings of the President, I believe I have not waived my right to do so on the floor. For the benefit of the body, however, I would inquire whether I have waived my right to raise the point of order at this time.

      “Mr. President, in no way am I criticizing the Chair of the Land Use Committee. I raise this point of order simply to seek instruction for myself as a committee chair and for other chairs. In this case, the bill was held in committee for four days after the first ‘due pass’ recommendation was passed. Mr President, I am concerned that if you permit this process, it might be permitted for a chair to hold a bill for reconsideration or otherwise right up to cutoff. I would, therefore ask, as how long a chair may hold a bill before it has been ‘pocket vetoed’ under Senate Rule 63?”

 

REMARKS BY SENATOR MULLIKEN

 

      Senator Mulliken: “Thank you, Mr. President, in response, first of all, I am glad the previous speaker acknowledged that he did not make this statement before we sent it out of committee. So, I do believe the objection is untimely and should have been done on committee time and not now at this point when we are ready to debate the issue on the floor. When we voted the bill out of committee, the first time--I don’t mind explaining this as a new chair--there was a word or two that were not expressed accurately in the motion. So, to be on the safe side, we recommended–we discussed it--and said we would move the bill again. We received the same vote count, but we used the correct terminology on moving the proposed substitute bill with a striker. I am sure that my ranking member can also explain further, if we need more details.”

 

MOTION

 

      On motion of Senator Sheahan, further consideration of Substitute House Bill No. 1734 was deferred.

 

MOTION

 

      At 3:17 p.m., on motion of Senator Sheahan, the Senate was declared to be at ease.

 

      The Senate was called to order at 4:38 p.m. by President Owen.

 

MOTION

 

      On motion of Senator Sheahan, Senator West was excused.

 

SECOND READING

 

      SECOND SUBSTITUTE HOUSE BILL NO. 1973, by House Committee on Appropriations (originally sponsored by Representatives Veloria, McCoy and Kenney)

 

      Promoting tourism

 

      The bill was read the second time.

 

 

MOTION

 

      On motion of Senator Tim Sheldon, the following Committee on Economic Development striking amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature finds that tourism is a growing sector of the Washington economy. Washington has a diverse geography, geology, climate, and natural resources, and offers abundant opportunities for wildlife viewing. Nature-based tourism is the fastest growing outdoor activity and segment of the travel industry and the state can take advantage of this by marketing Washington's natural assets to international as well as national tourist markets. Expanding tourism efforts can provide Washington residents with jobs and local communities with needed revenues.

       The legislature also finds that current efforts to promote Washington's natural resources and nature-based tourism to national and international markets are too diffuse and limited by funding and that a collaborative effort among state and local governments, tribes, and private enterprises can serve to leverage the investments in nature- based tourism made by each.

       Sec. 2. RCW 43.330.090 and 1998 c 245 s 85 are each amended to read as follows:

       (1) The department shall work with private sector organizations, local governments, local ((economic)) associate development organizations, and higher education and training institutions to assist in the development of strategies to diversify the economy, facilitate technology transfer and diffusion, and increase value-added production by focusing on targeted sectors. The targeted sectors may include, but are not limited to, software, forest products, biotechnology, environmental industries, recycling markets and waste reduction, aerospace, food processing, tourism, film and video, microelectronics, new materials, robotics, and machine tools. The department shall, on a continuing basis, evaluate the potential return to the state from devoting additional resources to a targeted sector's approach to economic development and including additional sectors in its efforts. The department shall use information gathered in each service delivery region in formulating its sectoral strategies and in designating new targeted sectors.

       (2) The department shall ((ensure that the state continues to)) pursue a coordinated program to expand the tourism industry throughout the state in cooperation with the public and private tourism development organizations. ((The department shall work to provide a balance of tourism activities throughout the state and during different seasons of the year. In addition,)) The department, in operating its tourism program, shall:

       (a) Promote Washington as a tourism destination to national and international markets to include nature-based and wildlife viewing tourism;

       (b) Provide information to businesses and local communities on tourism opportunities that could expand local revenues;

       (c) Assist local communities to strengthen their tourism partnerships, including their relationships with state and local agencies;

       (d) Provide leadership training and assistance to local communities to facilitate the development and implementation of local tourism plans;

       (e) Coordinate the development of a statewide tourism and marketing plan. The department's tourism planning efforts shall be carried out in conjunction with public and private tourism development organizations including the department of fish and wildlife and other appropriate agencies. The plan shall specifically address mechanisms for: (I) Funding national and international marketing and nature-based tourism efforts; (ii) interagency cooperation; and (iii) integrating the state plan with local tourism plans.

       (3) The department may, in carrying out its efforts to expand the tourism industry in the state:

       (a) Solicit and receive gifts, grants, funds, fees, and endowments, in trust or otherwise, from tribal, local or other governmental entities, as well as private sources, and may expend the same or any income therefrom for tourism purposes. All revenue received for tourism purposes shall be deposited into the tourism development and promotion account created in RCW 43.330.094;

       (b) Host conferences and strategic planning workshops relating to the promotion of nature-based and wildlife viewing tourism;

       (c) Conduct or contract for tourism-related studies;

       (d) Contract with individuals, businesses, or public entities to carry out its tourism-related activities under this section;

       (e) Provide tourism-related organizations with marketing and other technical assistance;

       (f) Evaluate and make recommendations on proposed tourism-related policies.

       (4) The department shall promote, market, and encourage growth in the production of films and videos, as well as television commercials within the state; to this end the department is directed to assist in the location of a film and video production studio within the state.

       (((3))) (5) In assisting in the development of a targeted sector, the department's activities may include, but are not limited to:

       (a) Conducting focus group discussions, facilitating meetings, and conducting studies to identify members of the sector, appraise the current state of the sector, and identify issues of common concern within the sector;

       (b) Supporting the formation of industry associations, publications of association directories, and related efforts to create or expand the activities or industry associations;

       (c) Assisting in the formation of flexible networks by providing (I) agency employees or private sector consultants trained to act as flexible network brokers and (ii) funding for potential flexible network participants for the purpose of organizing or implementing a flexible network;

       (d) Helping establish research consortia;

       (e) Facilitating joint training and education programs;

       (f) Promoting cooperative market development activities;

       (g) Analyzing the need, feasibility, and cost of establishing product certification and testing facilities and services; and

       (h) Providing for methods of electronic communication and information dissemination among firms and groups of firms to facilitate network activity.

       NEW SECTION. Sec. 3. A new section is added to chapter 77.12 RCW to read as follows:

       The department shall manage wildlife programs in a manner that provides for public opportunities to view wildlife and supports nature- based and wildlife viewing tourism without impairing the state's wildlife resources.

       Sec. 4. RCW 43.330.094 and 1997 c 220 s 223 are each amended to read as follows:

       The tourism development and promotion account is created in the state treasury. All receipts from RCW 36.102.060(10) and 43.330.090(3)(a) must be deposited into the account. Moneys in the account received under RCW 36.102.060(10) may be spent only after appropriation. No appropriation is required for expenditures from moneys received under RCW 43.330.090(3)(a). Expenditures from the account may be used by the department of community, trade, and economic development only for the purposes of ((promotion of)) expanding and promoting the tourism industry in the state of Washington.

       NEW SECTION. Sec. 5. A new section is added to chapter 42.52 RCW to read as follows:

       When soliciting charitable gifts, grants, or donations solely for the purposes of promoting the expansion of tourism as provided for in RCW 43.330.090, state officers and state employees are presumed not to be in violation of the solicitation and receipt of gift provisions in RCW 42.52.140.

       Sec. 6. RCW 42.52.150 and 1998 c 7 s 2 are each amended to read as follows:

       (1) No state officer or state employee may accept gifts, other than those specified in subsections (2) and (5) of this section, with an aggregate value in excess of fifty dollars from a single source in a calendar year or a single gift from multiple sources with a value in excess of fifty dollars. For purposes of this section, "single source" means any person, as defined in RCW 42.52.010, whether acting directly or through any agent or other intermediary, and "single gift" includes any event, item, or group of items used in conjunction with each other or any trip including transportation, lodging, and attendant costs, not excluded from the definition of gift under RCW 42.52.010. The value of gifts given to an officer's or employee's family member or guest shall be attributed to the official or employee for the purpose of determining whether the limit has been exceeded, unless an independent business, family, or social relationship exists between the donor and the family member or guest.

       (2) Except as provided in subsection (4) of this section, the following items are presumed not to influence under RCW 42.52.140, and may be accepted without regard to the limit established by subsection (1) of this section:

       (a) Unsolicited flowers, plants, and floral arrangements;

       (b) Unsolicited advertising or promotional items of nominal value, such as pens and note pads;

       (c) Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;

       (d) Unsolicited items received by a state officer or state employee for the purpose of evaluation or review, if the officer or employee has no personal beneficial interest in the eventual use or acquisition of the item by the officer's or employee's agency;

       (e) Informational material, publications, or subscriptions related to the recipient's performance of official duties;

       (f) Food and beverages consumed at hosted receptions where attendance is related to the state officer's or state employee's official duties;

       (g) Gifts, grants, conveyances, bequests, and devises of real or personal property, or both, in trust or otherwise accepted and solicited for the purpose of promoting the expansion of tourism as provided for in RCW 43.330.090;

       (h) Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization; and

       (((h))) (I) Unsolicited gifts from dignitaries from another state or a foreign country that are intended to be personal in nature.

       (3) The presumption in subsection (2) of this section is rebuttable and may be overcome based on the circumstances surrounding the giving and acceptance of the item.

       (4) Notwithstanding subsections (2) and (5) of this section, a state officer or state employee of a regulatory agency or of an agency that seeks to acquire goods or services who participates in those regulatory or contractual matters may receive, accept, take, or seek, directly or indirectly, only the following items from a person regulated by the agency or from a person who seeks to provide goods or services to the agency:

       (a) Unsolicited advertising or promotional items of nominal value, such as pens and note pads;

       (b) Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;

       (c) Unsolicited items received by a state officer or state employee for the purpose of evaluation or review, if the officer or employee has no personal beneficial interest in the eventual use or acquisition of the item by the officer's or employee's agency;

       (d) Informational material, publications, or subscriptions related to the recipient's performance of official duties;

       (e) Food and beverages consumed at hosted receptions where attendance is related to the state officer's or state employee's official duties;

       (f) Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization; and

       (g) Those items excluded from the definition of gift in RCW 42.52.010 except:

       (I) Payments by a governmental or nongovernmental entity of reasonable expenses incurred in connection with a speech, presentation, appearance, or trade mission made in an official capacity;

       (ii) Payments for seminars and educational programs sponsored by a bona fide governmental or nonprofit professional, educational, trade, or charitable association or institution; and

       (iii) Flowers, plants, and floral arrangements.

       (5) A state officer or state employee may accept gifts in the form of food and beverage on infrequent occasions in the ordinary course of meals where attendance by the officer or employee is related to the performance of official duties. Gifts in the form of food and beverage that exceed fifty dollars on a single occasion shall be reported as provided in chapter 42.17 RCW."

      There being no objection, the following title amendment was adopted:

       On page 1, line 1 of the title, after "tourism;" strike the remainder of the title and insert "amending RCW 43.330.090, 43.330.094, and 42.52.150; adding a new section to chapter 77.12 RCW; adding a new section to chapter 42.52 RCW; and creating a new section."

 

MOTION

 

      On motion of Senator Tim Sheldon, the rules were suspended, Second Substitute House Bill No 1973, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 1973, as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Second Substitute House Bill No. 1973, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.

     Excused: Senator West - 1.

      SECOND SUBSTITUTE HOUSE BILL NO. 1973, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

 

      SUBSTITUTE HOUSE BILL NO. 1675, by House Committee on Judiciary (originally sponsored by Representatives Moeller, McMahan and Kirby)

 

      Updating civil trial provisions.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Esser, the rules were suspended, Substitute House Bill No. 1675 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1675.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1675 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Voting nay: Senator Kline - 1.

      SUBSTITUTE HOUSE BILL NO. 1675, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1788, by House Committee on State Government (originally sponsored by Representatives Miloscia, Armstrong and Haigh)

 

      Regulating job order contracting for public works.

 

      The bill was read the second time.

 

MOTION

 

      Senator Winsley moved that the following Committee on Government Operations and Elections striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 39.10 RCW to read as follows:

       (1) Public bodies may use a job order contract for public works projects when:

       (a) A public body has made a determination that the use of job order contracts will benefit the public by providing an effective means of reducing the total lead-time and cost for public works projects or repair required at public facilities through the use of unit price books and work orders by eliminating time-consuming, costly aspects of the traditional public works process, which require separate contracting actions for each small project;

       (b) The work order to be issued for a particular project does not exceed two hundred thousand dollars;

       (c) Less than twenty percent of the dollar value of the work order consists of items of work not contained in the unit price book; and

       (d) At least eighty percent of the job order contract must be subcontracted to entities other than the job order contractor.

       (2) Public bodies shall award job order contracts through a competitive process utilizing public requests for proposals. Public bodies shall make an effort to solicit proposals from a certified minority or certified woman-owned contractor to the extent permitted by the Washington state civil rights act, RCW 49.60.400. The public body shall publish, at least once in a legal newspaper of general circulation published in or as near as possible to that part of the county in which the public works will be done, a request for proposals for job order contracts and the availability and location of the request for proposal documents. The public body shall ensure that the request for proposal documents at a minimum includes:

       (a) A detailed description of the scope of the job order contract including performance, technical requirements and specifications, functional and operational elements, minimum and maximum work order amounts, duration of the contract, and options to extend the job order contract;

       (b) The reasons for using job order contracts;

       (c) A description of the qualifications required of the proposer;

       (d) The identity of the specific unit price book to be used;

       (e) The minimum contracted amount committed to the selected job order contractor;

       (f) A description of the process the public body will use to evaluate qualifications and proposals, including evaluation factors and the relative weight of factors. The public body shall ensure that evaluation factors include, but are not limited to, proposal price and the ability of the proposer to perform the job order contract. In evaluating the ability of the proposer to perform the job order contract, the public body may consider: The ability of the professional personnel who will work on the job order contract; past performance on similar contracts; ability to meet time and budget requirements; ability to provide a performance and payment bond for the job order contract; recent, current, and projected work loads of the proposer; location; and the concept of the proposal;

       (g) The form of the contract to be awarded;

       (h) The method for pricing renewals of or extensions to the job order contract;

       (I) A notice that the proposals are subject to the provisions of RCW 39.10.100; and

       (j) Other information relevant to the project.

       (3) A public body shall establish a committee to evaluate the proposals. After the committee has selected the most qualified finalists, the finalists shall submit final proposals, including sealed bids based upon the identified unit price book. Such bids may be in the form of coefficient markups from listed price book costs. The public body shall award the contract to the firm submitting the highest scored final proposal using the evaluation factors and the relative weight of factors published in the public request for proposals.

       (4) The public body shall provide a protest period of at least ten business days following the day of the announcement of the apparent successful proposal to allow a protester to file a detailed statement of the grounds of the protest. The public body shall promptly make a determination on the merits of the protest and provide to all proposers a written decision of denial or acceptance of the protest. The public body shall not execute the contract until two business days following the public body's decision on the protest.

       (5) The public body shall issue no work orders until it has approved, in consultation with the office of minority and women's business enterprises or the equivalent local agency, a plan prepared by the job order contractor that equitably spreads certified women and minority business enterprise subcontracting opportunities, to the extent permitted by the Washington state civil rights act, RCW 49.60.400, among the various subcontract disciplines.

       (6) Job order contracts may be executed for an initial contract term of not to exceed two years, with the option of extending or renewing the job order contract for one year. All extensions or renewals must be priced as provided in the request for proposals. The extension or renewal must be mutually agreed to by the public body and the job order contractor.

       (7) The maximum total dollar amount that may be awarded under a job order contract shall not exceed three million dollars in the first year of the job order contract, five million dollars over the first two years of the job order contract, and, if extended or renewed, eight million dollars over the three years of the job order contract.

       (8) For each job order contract, public bodies shall not issue more than two work orders equal to or greater than one hundred fifty thousand dollars in a twelve-month contract performance period.

       (9) All work orders issued for the same project shall be treated as a single work order for purposes of the one hundred fifty thousand dollar limit on work orders in subsection (8) of this section and the two hundred thousand dollar limit on work orders in subsection (1)(b) of this section.

       (10) Any new permanent, enclosed building space constructed under a work order shall not exceed two thousand gross square feet.

       (11) Each public body may have no more than two job order contracts in effect at any one time.

       (12) For purposes of chapters 39.08, 39.76, and 60.28 RCW, each work order issued shall be treated as a separate contract.

       (13) The requirements of RCW 39.30.060 do not apply to requests for proposals for job order contracts.

       (14) Job order contractors shall pay prevailing wages for all work that would otherwise be subject to the requirements of chapter 39.12 RCW. Prevailing wages for a job order contract must be determined as of the time of the execution of the job order contract and any extension or renewal.

       (15) If, in the initial contract term, the public body, at no fault of the job order contractor, fails to issue the minimum amount of work orders stated in the public request for proposals, the public body shall pay the contractor an amount equal to the difference between the minimum work order amount and the actual total of the work orders issued multiplied by an appropriate percentage for overhead and profit contained in the general conditions for Washington state facility construction. This will be the contractor's sole remedy.

       (16) All job order contracts awarded under this section must be executed before July 1, 2007, however the job order contract may be extended or renewed as provided for in this section.

       (17) For purposes of this section, "public body" includes any school district.

       Sec. 2. RCW 39.10.020 and 2001 c 328 s 1 are each amended to read as follows:

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

       (1) "Alternative public works contracting procedure" means the design-build and the general contractor/construction manager contracting procedures authorized in RCW 39.10.051 and 39.10.061, respectively.

       (2) "Public body" means the state department of general administration; the University of Washington; Washington State University; every city with a population greater than seventy thousand and any public authority chartered by such city under RCW 35.21.730 through 35.21.755 and specifically authorized as provided in RCW 39.10.120(4); every county with a population greater than four hundred fifty thousand; every port district with total revenues greater than fifteen million dollars per year; every public utility district with revenues from energy sales greater than twenty-three million dollars per year; and those school districts proposing projects that are considered and approved by the school district project review board under RCW 39.10.115.

       (3) "Public works project" means any work for a public body within the definition of the term public work in RCW 39.04.010.

       (4) "Job order contract" means a contract between a public body or any school district and a registered or licensed contractor in which the contractor agrees to a fixed period, indefinite quantity delivery order contract which provides for the use of negotiated, definitive work orders for public works as defined in RCW 39.04.010.

       (5) "Job order contractor" means a registered or licensed contractor awarded a job order contract.

       (6) "Unit price book" means a book containing specific prices, based on generally accepted industry standards and information, where available, for various items of work to be performed by the job order contractor. The prices may include: All the costs of materials; labor; equipment; overhead, including bonding costs; and profit for performing the items of work.

       (7) "Work order" means an order issued for a definite scope of work to be performed pursuant to a job order contract.

       Sec. 3. RCW 39.08.030 and 1989 c 58 s 1 are each amended to read as follows:

       (1) The bond mentioned in RCW 39.08.010 shall be in an amount equal to the full contract price agreed to be paid for such work or improvement, except under subsection (2) of this section, and shall be to the state of Washington, except as otherwise provided in RCW 39.08.100, and except in cases of cities and towns, in which cases such municipalities may by general ordinance fix and determine the amount of such bond and to whom such bond shall run: PROVIDED, The same shall not be for a less amount than twenty-five percent of the contract price of any such improvement, and may designate that the same shall be payable to such city, and not to the state of Washington, and all such persons mentioned in RCW 39.08.010 shall have a right of action in his, her, or their own name or names on such bond for work done by such laborers or mechanics, and for materials furnished or provisions and goods supplied and furnished in the prosecution of such work, or the making of such improvements: PROVIDED, That such persons shall not have any right of action on such bond for any sum whatever, unless within thirty days from and after the completion of the contract with an acceptance of the work by the affirmative action of the board, council, commission, trustees, officer, or body acting for the state, county or municipality, or other public body, city, town or district, the laborer, mechanic or subcontractor, or materialman, or person claiming to have supplied materials, provisions or goods for the prosecution of such work, or the making of such improvement, shall present to and file with such board, council, commission, trustees or body acting for the state, county or municipality, or other public body, city, town or district, a notice in writing in substance as follows:

To (here insert the name of the state, county or municipality or other public body, city, town or district):

Notice is hereby given that the undersigned (here insert the name of the laborer, mechanic or subcontractor, or materialman, or person claiming to have furnished labor, materials or provisions for or upon such contract or work) has a claim in the sum of . . . . . . dollars (here insert the amount) against the bond taken from . . . . . . (here insert the name of the principal and surety or sureties upon such bond) for the work of . . . . . . (here insert a brief mention or description of the work concerning which said bond was taken).

 

(here to be signed)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

       Such notice shall be signed by the person or corporation making the claim or giving the notice, and said notice, after being presented and filed, shall be a public record open to inspection by any person, and in any suit or action brought against such surety or sureties by any such person or corporation to recover for any of the items hereinbefore specified, the claimant shall be entitled to recover in addition to all other costs, attorney's fees in such sum as the court shall adjudge reasonable: PROVIDED, HOWEVER, That no attorney's fees shall be allowed in any suit or action brought or instituted before the expiration of thirty days following the date of filing of the notice hereinbefore mentioned: PROVIDED FURTHER, That any city may avail itself of the provisions of RCW 39.08.010 through 39.08.030, notwithstanding any charter provisions in conflict herewith: AND PROVIDED FURTHER, That any city or town may impose any other or further conditions and obligations in such bond as may be deemed necessary for its proper protection in the fulfillment of the terms of the contract secured thereby, and not in conflict herewith.

       (2) Under the job order contracting procedure described in section 1 of this act, bonds will be in an amount not less than the dollar value of all open work orders.

       Sec. 4. RCW 39.30.060 and 2002 c 163 s 2 are each amended to read as follows:

       (1) Every invitation to bid on a prime contract that is expected to cost one million dollars or more for the construction, alteration, or repair of any public building or public work of the state or a state agency or municipality as defined under RCW 39.04.010 or an institution of higher education as defined under RCW 28B.10.016 shall require each prime contract bidder to submit as part of the bid, or within one hour after the published bid submittal time, the names of the subcontractors with whom the bidder, if awarded the contract, will subcontract for performance of the work of: HVAC (heating, ventilation, and air conditioning); plumbing as described in chapter 18.106 RCW; and electrical as described in chapter 19.28 RCW, or to name itself for the work. The prime contract bidder shall not list more than one subcontractor for each category of work identified, unless subcontractors vary with bid alternates, in which case the prime contract bidder must indicate which subcontractor will be used for which alternate. Failure of the prime contract bidder to submit as part of the bid the names of such subcontractors or to name itself to perform such work or the naming of two or more subcontractors to perform the same work shall render the prime contract bidder's bid nonresponsive and, therefore, void.

       (2) Substitution of a listed subcontractor in furtherance of bid shopping or bid peddling before or after the award of the prime contract is prohibited and the originally listed subcontractor is entitled to recover monetary damages from the prime contract bidder who executed a contract with the public entity and the substituted subcontractor but not from the public entity inviting the bid. It is the original subcontractor's burden to prove by a preponderance of the evidence that bid shopping or bid peddling occurred. Substitution of a listed subcontractor may be made by the prime contractor for the following reasons:

       (a) Refusal of the listed subcontractor to sign a contract with the prime contractor;

       (b) Bankruptcy or insolvency of the listed subcontractor;

       (c) Inability of the listed subcontractor to perform the requirements of the proposed contract or the project;

       (d) Inability of the listed subcontractor to obtain the necessary license, bonding, insurance, or other statutory requirements to perform the work detailed in the contract; or

       (e) The listed subcontractor is barred from participating in the project as a result of a court order or summary judgment.

       (3) The requirement of this section to name the prime contract bidder's proposed HVAC, plumbing, and electrical subcontractors applies only to proposed HVAC, plumbing, and electrical subcontractors who will contract directly with the prime contract bidder submitting the bid to the public entity.

       (4) This section does not apply to job order contract requests for proposals under section 1 of this act.

       NEW SECTION. Sec. 5. A new section is added to chapter 39.12 RCW to read as follows:

       Job order contracts under section 1 of this act must pay prevailing wages for all work that would otherwise be subject to the requirements of this chapter. Prevailing wages for a job order contract must be determined as of the time the job order contract and any extension or renewal is executed.

       Sec. 6. RCW 60.28.011 and 2000 c 185 s 1 are each amended to read as follows:

       (1) Public improvement contracts shall provide, and public bodies shall reserve, a contract retainage not to exceed five percent of the moneys earned by the contractor as a trust fund for the protection and payment of: (a) The claims of any person arising under the contract; and (b) the state with respect to taxes imposed pursuant to Title 82 RCW which may be due from such contractor.

       (2) Every person performing labor or furnishing supplies toward the completion of a public improvement contract shall have a lien upon moneys reserved by a public body under the provisions of a public improvement contract. However, the notice of the lien of the claimant shall be given within forty-five days of completion of the contract work, and in the manner provided in RCW 39.08.030.

       (3) The contractor at any time may request the contract retainage be reduced to one hundred percent of the value of the work remaining on the project.

       (a) After completion of all contract work other than landscaping, the contractor may request that the public body release and pay in full the amounts retained during the performance of the contract, and sixty days thereafter the public body must release and pay in full the amounts retained (other than continuing retention of five percent of the moneys earned for landscaping) subject to the provisions of chapters 39.12 and 60.28 RCW.

       (b) Sixty days after completion of all contract work the public body must release and pay in full the amounts retained during the performance of the contract subject to the provisions of chapters 39.12 and 60.28 RCW.

       (4) The moneys reserved by a public body under the provisions of a public improvement contract, at the option of the contractor, shall be:

       (a) Retained in a fund by the public body;

       (b) Deposited by the public body in an interest bearing account in a bank, mutual savings bank, or savings and loan association. Interest on moneys reserved by a public body under the provision of a public improvement contract shall be paid to the contractor;

       (c) Placed in escrow with a bank or trust company by the public body. When the moneys reserved are placed in escrow, the public body shall issue a check representing the sum of the moneys reserved payable to the bank or trust company and the contractor jointly. This check shall be converted into bonds and securities chosen by the contractor and approved by the public body and the bonds and securities shall be held in escrow. Interest on the bonds and securities shall be paid to the contractor as the interest accrues.

       (5) The contractor or subcontractor may withhold payment of not more than five percent from the moneys earned by any subcontractor or sub-subcontractor or supplier contracted with by the contractor to provide labor, materials, or equipment to the public project. Whenever the contractor or subcontractor reserves funds earned by a subcontractor or sub-subcontractor or supplier, the contractor or subcontractor shall pay interest to the subcontractor or sub- subcontractor or supplier at a rate equal to that received by the contractor or subcontractor from reserved funds.

       (6) A contractor may submit a bond for all or any portion of the contract retainage in a form acceptable to the public body and from a bonding company meeting standards established by the public body. The public body shall accept a bond meeting these requirements unless the public body can demonstrate good cause for refusing to accept it. This bond and any proceeds therefrom are subject to all claims and liens and in the same manner and priority as set forth for retained percentages in this chapter. The public body shall release the bonded portion of the retained funds to the contractor within thirty days of accepting the bond from the contractor. Whenever a public body accepts a bond in lieu of retained funds from a contractor, the contractor shall accept like bonds from any subcontractors or suppliers from which the contractor has retained funds. The contractor shall then release the funds retained from the subcontractor or supplier to the subcontractor or supplier within thirty days of accepting the bond from the subcontractor or supplier.

       (7) If the public body administering a contract, after a substantial portion of the work has been completed, finds that an unreasonable delay will occur in the completion of the remaining portion of the contract for any reason not the result of a breach thereof, it may, if the contractor agrees, delete from the contract the remaining work and accept as final the improvement at the stage of completion then attained and make payment in proportion to the amount of the work accomplished and in this case any amounts retained and accumulated under this section shall be held for a period of sixty days following the completion. In the event that the work is terminated before final completion as provided in this section, the public body may thereafter enter into a new contract with the same contractor to perform the remaining work or improvement for an amount equal to or less than the cost of the remaining work as was provided for in the original contract without advertisement or bid. The provisions of this chapter are exclusive and shall supersede all provisions and regulations in conflict herewith.

       (8) Whenever the department of transportation has contracted for the construction of two or more ferry vessels, sixty days after completion of all contract work on each ferry vessel, the department must release and pay in full the amounts retained in connection with the construction of the vessel subject to the provisions of RCW 60.28.020 and chapter 39.12 RCW. However, the department of transportation may at its discretion condition the release of funds retained in connection with the completed ferry upon the contractor delivering a good and sufficient bond with two or more sureties, or with a surety company, in the amount of the retained funds to be released to the contractor, conditioned that no taxes shall be certified or claims filed for work on the ferry after a period of sixty days following completion of the ferry; and if taxes are certified or claims filed, recovery may be had on the bond by the department of revenue and the materialmen and laborers filing claims.

       (9) Except as provided in subsection (1) of this section, reservation by a public body for any purpose from the moneys earned by a contractor by fulfilling its responsibilities under public improvement contracts is prohibited.

       (10) Contracts on projects funded in whole or in part by farmers home administration and subject to farmers home administration regulations are not subject to subsections (1) through (9) of this section.

       (11) This subsection applies only to a public body that has contracted for the construction of a facility using the general contractor/construction manager procedure, as defined under RCW ((39.10.060)) 39.10.061. If the work performed by a subcontractor on the project has been completed within the first half of the time provided in the general contractor/construction manager contract for completing the work, the public body may accept the completion of the subcontract. The public body must give public notice of this acceptance. After a forty-five day period for giving notice of liens, and compliance with the retainage release procedures in RCW 60.28.021, the public body may release that portion of the retained funds associated with the subcontract. Claims against the retained funds after the forty-five day period are not valid.

       (12) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this section.

       (a) "Contract retainage" means an amount reserved by a public body from the moneys earned by a person under a public improvement contract.

       (b) "Person" means a person or persons, mechanic, subcontractor, or materialperson who performs labor or provides materials for a public improvement contract, and any other person who supplies the person with provisions or supplies for the carrying on of a public improvement contract.

       (c) "Public body" means the state, or a county, city, town, district, board, or other public body.

       (d) "Public improvement contract" means a contract for public improvements or work, other than for professional services, or a work order as defined in RCW 39.10.020.

       Sec. 7. RCW 39.10.902 and 2002 c 46 s 4 are each amended to read as follows:

       The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective July 1, 2007:

       (1) RCW 39.10.010 and 1994 c 132 s 1;

       (2) RCW 39.10.020 and 2003 c ... s 2 (section 2 of this act), 2001 c 328 s 1, 2000 c 209 s 1, 1997 c 376 s 1, & 1994 c 132 s 2;

       (3) RCW 39.10.030 and 1997 c 376 s 2 & 1994 c 132 s 3;

       (4) RCW 39.10.040 and 1994 c 132 s 4;

       (5) RCW 39.10.051 and 2002 c 46 s 1 & 2001 c 328 s 2;

       (6) RCW 39.10.061 and 2002 c 46 s 2 & 2001 c 328 s 3;

       (7) RCW 39.10.065 and 1997 c 376 s 5;

       (8) RCW 39.10.067 and 2002 c 46 s 3 & 2000 c 209 s 3;

       (9) RCW 39.10.070 and 1994 c 132 s 7;

       (10) RCW 39.10.080 and 1994 c 132 s 8;

       (11) RCW 39.10.090 and 1994 c 132 s 9;