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THIRTY-THIRD DAY
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MORNING SESSION
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Senate Chamber, Olympia, Friday, February 13, 2004
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 with the exception of Senator Thibaudeau.
The Sergeant at Arms Color Guard consisting of Pages Parker Townley and Neethi Nagarajan presented the Colors. Envoy Alan Carlson, pastor of the Salvation Army Church, Olympia Corps offered the prayer.
MOTION
On motion of Senator Esser, the reading of the Journal of the previous day was dispensed with and it was approved.
MOTION
There being no objection, the Senate advanced to the third order of business.
August 17, 2003
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation:
Darlene Mortel appointed July 25, 2003 for the term ending May 31, 2004 as a member of the Board of Regents for the University of Washington.
Sincerely,
GARY LOCKE, Governor
Referred to Committee on Higher Education.
September 18, 2003
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following reappointment, subject to your confirmation:
Lelsie Jones reappointed September 18, 2003 for the term ending September 30, 2009 as a member of the Board of Trustees for the Central Washington University.
Sincerely,
GARY LOCKE, Governor
Referred to Committee on Higher Education.
November 20, 2003
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation:
Roger Erskine appointed November 1, 2003 for the term ending May 31, 2004 as a member of the Professional Educator Standards Board.
Sincerely,
GARY LOCKE, Governor
Referred to Committee on Education.
January 9, 2004
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation:
Jesus Hernandez appointed December 19, 2003 for the term ending June 30, 2007 as a member of the Higher Education Coordinating Board.
Sincerely,
GARY LOCKE, Governor
Referred to Committee on Higher Education.
January 27, 2004
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation:
Sang Chae appointed January 22, 2004 for the term ending September 30, 2004 as a member of the Board of Trustees for Lake Washington Technical College District No. 26.
Sincerely,
GARY LOCKE, Governor
Referred to Committee on Higher Education.
MOTION
On motion of Senator Esser, all measures listed on the the Gubernatorial report were referred to the committees as designated.
Senator Sheldon, B.: “A point of personal privilege. I’d like you to convey our thanks to Linda Owen for these wonderful cookies. She never forgets us on Valentine’s Day. That’s a really special effort. I stopped making cookies a few years ago and I know how much time and effort it takes. So, I want you to know how much, tell her how much we appreciate it and of course you Governor for carrying. That was wonderful of you. Do thank her for us.”
Senator Honeyford: “A point of personal privilege. Do we, also thanks for this, but do we get a special dispensation so you may partake of these wonderful morsels.”
Senator Kohl-Welles: “A point of personal privilege. On behalf of Senator Esser, I’m wondering if these cookies are low in carbohydrates.”
Senator Esser: “A point of personal privilege. I wonder if the Sergeant At Arms could be designated to find the cookies that should have been on my desk are located. Certainly I don’t would never, assume that a Senator would {take them}.”
MOTION
On motion of Senator Esser, the Senate advanced to the sixth order of business.
MOTION
On motion of Senator Eide, Senator Thibaudeau was excused.
SECOND READING
SENATE BILL NO. 6478, by Senators Brandland, Franklin, Deccio, Rasmussen, McCaslin, Murray, B. Sheldon, Parlette, Winsley and Regala; by request of Department of Health and Washington State Patrol
Increasing the regulation of the sale of ephedrine, pseudoephedrine, and phenylpropanolamine.
MOTIONS
On motion of Senator Brandland, Substitute Senate Bill No. 6478 was substituted for Senate Bill No. 6478 and the substitute bill was placed on second reading and read the second time.
MOTION
Senator Brandland moved that the following striking amendment by Senator Brandland be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that quantities of ephedrine, pseudoephedrine, and phenylpropanolamine continue to be sold at the wholesale and retail levels far in excess of legitimate consumer needs. The excess quantities being sold are most likely used in the criminal manufacture of methamphetamine. It is therefore necessary for the legislature to further regulate the sales of these drugs, including sales from out-of-state sources, in order to reduce the threat that methamphetamine presents to the people of the state.
Sec. 2. RCW 18.64.044 and 1989 1st ex.s. c 9 s 401 and 1989 c 352 s 1 are each reenacted and amended to read as follows:
(1) A shopkeeper registered as provided in this section may sell nonprescription drugs, if such drugs are sold in the original package of the manufacturer.
(2) Every shopkeeper not a licensed pharmacist, desiring to secure the benefits and privileges of this section, is hereby required to register as a shopkeeper through the master license system, and he or she shall pay the fee determined by the secretary for registration, and on a date to be determined by the secretary thereafter the fee determined by the secretary for renewal of the registration; and shall at all times keep said registration or the current renewal thereof conspicuously exposed in the ((shop)) location to which it applies. In event such shopkeeper's registration is not renewed by the master license expiration date, no renewal or new registration shall be issued except upon payment of the registration renewal fee and the master license delinquency fee under chapter 19.02 RCW. This registration fee shall not authorize the sale of legend drugs or controlled substances.
(3) The registration fees determined by the secretary under subsection (2) of this section shall not exceed the cost of registering the shopkeeper.
(4) Any shopkeeper who shall vend or sell, or offer to sell to the public any such nonprescription drug or preparation without having registered to do so as provided in this section, shall be guilty of a misdemeanor and each sale or offer to sell shall constitute a separate offense.
(5) A shopkeeper who is not a licensed pharmacy may purchase ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, only from a wholesaler licensed by the department under RCW 18.64.046 or from a manufacturer licensed by the department under RCW 18.64.045. The board shall issue a warning to a shopkeeper who violates this subsection, and may suspend or revoke the registration of the shopkeeper for a subsequent violation.
(6) A shopkeeper who has purchased ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, in a suspicious transaction as defined in RCW 69.43.035, is subject to the following requirements:
(a) The shopkeeper may not sell any quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, if the total monthly sales of these products exceed ten percent of the shopkeeper's total prior monthly sales of nonprescription drugs in March through October. In November through February, the shopkeeper may not sell any quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, if the total monthly sales of these products exceed twenty percent of the shopkeeper's total prior monthly sales of nonprescription drugs. For purposes of this section, "monthly sales" means total dollars paid by buyers. The board may suspend or revoke the registration of a shopkeeper who violates this subsection.
(b) The shopkeeper shall maintain inventory records of the receipt and disposition of nonprescription drugs, utilizing existing inventory controls if an auditor or investigator can determine compliance with (a) of this subsection, and otherwise in the form and manner required by the board. The records must be available for inspection by the board or any law enforcement agency and must be maintained for two years. The board may suspend or revoke the registration of a shopkeeper who violates this subsection. For purposes of this subsection, "disposition" means the return of product to the wholesaler or distributor.
Sec. 3. RCW 18.64.046 and 2003 c 53 s 133 are each amended to read as follows:
(1) The owner of each place of business which sells legend drugs and nonprescription drugs, or nonprescription drugs at wholesale shall pay a license fee to be determined by the secretary, and thereafter, on or before a date to be determined by the secretary as provided in RCW 43.70.250 and 43.70.280, a like fee to be determined by the secretary, for which the owner shall receive a license of location from the department, which shall entitle such owner to either sell legend drugs and nonprescription drugs or nonprescription drugs at wholesale at the location specified for the period ending on a date to be determined by the secretary, and each such owner shall at the time of payment of such fee file with the department, on a blank therefor provided, a declaration of ownership and location, which declaration of ownership and location so filed as aforesaid shall be deemed presumptive evidence of the ownership of such place of business mentioned therein. It shall be the duty of the owner to notify immediately the department of any change of location and ownership and to keep the license of location or the renewal thereof properly exhibited in such place of business.
(2) Failure to conform with this section is a misdemeanor, and each day that the failure continues is a separate offense.
(3) In event the license fee remains unpaid on the date due, no renewal or new license shall be issued except upon compliance with administrative procedures, administrative requirements, and fees determined as provided in RCW 43.70.250 and 43.70.280.
(4) No wholesaler may sell any quantity of drug products containing ephedrine, pseudoephedrine, phenylpropanolamine, or their salts, isomers, or salts of isomers, if the total monthly sales of these products to persons within the state of Washington exceed five percent of the wholesaler's total prior monthly sales of nonprescription drugs to persons within the state in March through October. In November through February, no wholesaler may sell any quantity of drug products containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers if the total monthly sales of these products to persons within the state of Washington exceed ten percent of the wholesaler's total prior monthly sales of nonprescription drugs to persons within the state. For purposes of this section, monthly sales means total dollars paid by buyers. The board may suspend or revoke the license of any wholesaler that violates this section.
(5) The board may exempt a wholesaler from the limitations of subsection (4) of this section if it finds that the wholesaler distributes nonprescription drugs only through transactions between divisions, subsidiaries, or related companies when the wholesaler and the retailer are related by common ownership, and that neither the wholesaler nor the retailer has a history of suspicious transactions in precursor drugs as defined in RCW 69.43.035.
(6) The requirements for a license apply to all persons, in Washington and outside of Washington, who sell both legend drugs and nonprescription drugs and to those who sell only nonprescription drugs, at wholesale to pharmacies, practitioners, and shopkeepers in Washington.
(7) No wholesaler may sell any quantity of ephedrine, pseudoephedrine, phenylpropanolamine, or their salts, isomers, or salts of isomers, to any person in Washington other than a pharmacy licensed under this chapter, a shopkeeper or itinerant vendor registered under this chapter, or a practitioner as defined in RCW 18.64.011. A violation of this subsection is punishable as a class C felony according to chapter 9A.20 RCW, and each sale in violation of this subsection constitutes a separate offense.
Sec. 4. RCW 18.64.047 and 2003 c 53 s 134 are each amended to read as follows:
(1) Any itinerant vendor or any peddler of any nonprescription drug or preparation for the treatment of disease or injury, shall pay a registration fee determined by the secretary on a date to be determined by the secretary as provided in RCW 43.70.250 and 43.70.280. The department may issue a registration to such vendor on an approved application made to the department.
(2) Any itinerant vendor or peddler who shall vend or sell, or offer to sell to the public any such nonprescription drug or preparation without having registered to do so as provided in this section, is guilty of a misdemeanor and each sale or offer to sell shall constitute a separate offense.
(3) In event the registration fee remains unpaid on the date due, no renewal or new registration shall be issued except upon compliance with administrative procedures, administrative requirements, and fees determined as provided in RCW 43.70.250 and 43.70.280. This registration shall not authorize the sale of legend drugs or controlled substances.
(4) An itinerant vendor may purchase ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers only from a wholesaler licensed by the department under RCW 18.64.046 or from a manufacturer licensed by the department under RCW 18.64.045. The board shall issue a warning to an itinerant vendor who violates this subsection, and may suspend or revoke the registration of the vendor for a subsequent violation.
(5) An itinerant vendor who has purchased ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, in a suspicious transaction as defined in RCW 69.43.035, is subject to the following requirements:
(a) The itinerant vendor may not sell any quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, if the total monthly sales of these products exceed ten percent of the vendor's total prior monthly sales of nonprescription drugs in March through October. In November through February, the vendor may not sell any quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, if the total monthly sales of these products exceed twenty percent of the vendor's total prior monthly sales of nonprescription drugs. For purposes of this section, "monthly sales" means total dollars paid by buyers. The board may suspend or revoke the registration of an itinerant vendor who violates this subsection.
(b) The itinerant vendor shall maintain inventory records of the receipt and disposition of nonprescription drugs, utilizing existing inventory controls if an auditor or investigator can determine compliance with (a) of this subsection, and otherwise in the form and manner required by the board. The records must be available for inspection by the board or any law enforcement agency and must be maintained for two years. The board may suspend or revoke the registration of an itinerant vendor who violates this subsection. For purposes of this subsection, "disposition" means the return of product to the wholesaler or distributor.
Sec. 5. RCW 69.43.110 and 2001 c 96 s 9 are each amended to read as follows:
(1) It is unlawful for a pharmacy licensed by, or shopkeeper or itinerant vendor registered with, the department of health under chapter 18.64 RCW, or an employee thereof, or a practitioner as defined in RCW 18.64.011, knowingly to sell, transfer, or to otherwise furnish, in a single transaction:
(a) More than three packages of one or more products that he or she knows to contain ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers; or
(b) A single package of any product that he or she knows to contain more than three grams of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers, or a combination of any of these substances.
(2) It is unlawful for a person who is not a manufacturer, wholesaler, pharmacy, practitioner, shopkeeper, or itinerant vendor licensed by or registered with the department of health under chapter 18.64 RCW to purchase or acquire, in any twenty-four hour period, more than the quantities of the substances specified in subsection (1) of this section.
(3) It is unlawful for any person to sell or distribute any of the substances specified in subsection (1) of this section unless the person is licensed by or registered with the department of health under chapter 18.64 RCW, or is a practitioner as defined in RCW 18.64.011.
(4) A violation of this section is a gross misdemeanor.
Sec. 6. RCW 69.43.035 and 2001 c 96 s 4 are each amended to read as follows:
(1) Any manufacturer or wholesaler who sells, transfers, or otherwise furnishes any substance specified in RCW 69.43.010(1) to any person in a suspicious transaction shall report the transaction in writing to the state board of pharmacy.
(2) Any person specified in subsection (1) of this section who does not submit a report as required by subsection (1) of this section is guilty of a gross misdemeanor.
(3) For the purposes of this section, "suspicious transaction" means a sale or transfer to which any of the following applies:
(a) The circumstances of the sale or transfer would lead a reasonable person to believe that the substance is likely to be used for the purpose of unlawfully manufacturing a controlled substance under chapter 69.50 RCW, based on such factors as the amount involved, the method of payment, the method of delivery, and any past dealings with any participant in the transaction. The state board of pharmacy shall adopt by rule criteria for determining whether a transaction is suspicious, taking into consideration the recommendations in appendix A of the report to the United States attorney general by the suspicious orders task force under the federal comprehensive methamphetamine control act of 1996.
(b) The transaction involves payment for any substance specified in RCW 69.43.010(1) in cash or money orders in a total amount of more than two hundred dollars.
(4) The board of pharmacy shall transmit to the department of revenue a copy of each report of a suspicious transaction that it receives under this section.
Sec. 7. RCW 69.43.130 and 2001 c 96 s 11 are each amended to read as follows:
RCW 69.43.110 and 69.43.120 do not apply to:
(1) Pediatric products primarily intended for administration to children under twelve years of age, according to label instructions, either: (a) In solid dosage form whose individual dosage units do not exceed fifteen milligrams of ephedrine, pseudoephedrine, or phenylpropanolamine; or (b) in liquid form whose recommended dosage, according to label instructions, does not exceed fifteen milligrams of ephedrine, pseudoephedrine, or phenylpropanolamine per five milliliters of liquid product;
(2) Pediatric liquid products primarily intended for administration to children under two years of age for which the recommended dosage does not exceed two milliliters and the total package content does not exceed one fluid ounce; ((or))
(3) Products that the state board of pharmacy, upon application of a manufacturer, exempts by rule from RCW 69.43.110 and 69.43.120 because the product has been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine, or its salts or precursors; or
(4) Products, as packaged, that the board of pharmacy, upon application of a manufacturer, exempts from RCW 69.43.110(1)(b) and 69.43.120 because:
(a) The product meets the federal definition of an ordinary over-the-counter pseudoephedrine product as defined in 21 U.S.C. 802;
(b) The product is a salt, isomer, or salts of isomers of pseudoephedrine and, as packaged, has a total weight of more than three grams but the net weight of the pseudoephedrine base is equal to or less than three grams; and
(c) The board of pharmacy determines that the value to the people of the state of having the product, as packaged, available for sale to consumers outweighs the danger, and the product, as packaged, has not been used in the illegal manufacture of methamphetamine.
NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 9. This act takes effect July 1, 2004."
Senator Brandland spoke in favor of adoption of the striking amendment.
The President declared the question before the Senate to be the adoption of the striking amendment by Senator Brandland to Substitute Senate Bill No. 6478
The motion by Senator Brandland carried and the striking amendment was adopted by voice vote.
On motion of Senator Brandland, the following title amendment was adopted:
On page 1, line 2 of the title, after "phenylpropanolamine;" strike the remainder of the title and insert "amending RCW 18.64.046, 18.64.047, 69.43.110, 69.43.035, and 69.43.130; reenacting and amending RCW 18.64.044; creating a new section; prescribing penalties; and providing an effective date."
MOTION
On motion of Senator Brandland, the rules were suspended, Engrossed Substitute Senate Bill No. 6478 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Brandland and Kastama spoke in favor of passage of the bill.
MOTION
On motion of Senator Hewitt, Senators Hale and Parlette were excused.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6478.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6478 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Pflug, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 45.
Absent: Senator Poulsen - 1.
Excused: Senators Hale, Parlette and Thibaudeau - 3.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6478, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Eide, Senator Poulsen was excused.
SECOND READING
SUBSTITUTE SENATE BILL NO. 5793, by Senate Committee on Financial Services, Insurance & Housing (originally sponsored by Senators Winsley and Prentice)
Changing on a temporary basis the minimum nonforfeiture amounts applicable to certain contracts of life insurance and annuities.
MOTIONS
On motion of Senator Winsley, Second Substitute Senate Bill No. 5793 was substituted for Substitute Senate Bill No. 5793 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Winsley, the rules were suspended, Second Substitute Senate Bill No. 5793 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Winsley spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Second Substitute Senate Bill No. 5793.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5793 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Pflug, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 46.
Excused: Senators Parlette, Poulsen and Thibaudeau - 3.
SECOND SUBSTITUTE SENATE BILL NO. 5793, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5914, by Senators Carlson and Kohl-Welles
Relating to higher education. Revised for 1st Substitute: Studying potential higher education opportunities in Vancouver. Revised for 2nd Substitute: Higher education/Vancouver
MOTIONS
On motion of Senator Carlson, Second Substitute Senate Bill No. 5914 was substituted for Senate Bill No. 5914 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Esser, further consideration of Second Substitute Senate Bill No. 5914 was deferred and it hold it's place on the second reading calendar.
On motion of Senator Eide, Senator Regala was excused.
SECOND READING
SENATE BILL NO. 6255, by Senators Brandland, Kline, McCaslin, Regala, Winsley, Roach, Kohl-Welles, Rasmussen and Parlette
Studying criminal background check processes.
MOTIONS
On motion of Senator Stevens, Substitute Senate Bill No. 6255 was substituted for Senate Bill No. 6255 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Stevens, the rules were suspended, Substitute Senate Bill No. 6255 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Brandland spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6255.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6255 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 47.
Excused: Senators Poulsen and Thibaudeau - 2.
SUBSTITUTE SENATE BILL NO. 6255, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6457, by Senators Swecker, Stevens, Deccio, Prentice, Parlette, Hargrove, Jacobsen, Kohl-Welles and Rasmussen
Changing provisions relating to adoption. Revised for 1st Substitute: Creating a study panel for adoption issues.
MOTIONS
On motion of Senator Stevens, Substitute Senate Bill No. 6457 was substituted for Senate Bill No. 6457 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Stevens, the rules were suspended, Substitute Senate Bill No. 6457 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Swecker, Franklin and Shin spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6457.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6457 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 47.
Absent: Senator Deccio - 1.
Excused: Senator Thibaudeau - 1.
SUBSTITUTE SENATE BILL NO. 6457, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6692, by Senators Stevens, Hargrove, McAuliffe, Parlette, Eide, Schmidt, Deccio, Kastama, Regala, Sheahan, Rasmussen and Shin
Revising the definition of out-of-home placement.
The bill was read the second time.
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 74.14C.030 and 1996 c 240 s 4 are each amended to read as follows:
(1) The department shall be the lead administrative agency for preservation services and may receive funding from any source for the implementation or expansion of such services. The department shall:
(a) Provide coordination and planning with the advice of the community networks for the implementation and expansion of preservation services; and
(b) Monitor and evaluate such services to determine whether the programs meet measurable standards specified by this chapter and the department.
(2) The department may: (a) Allow its contractors for preservation services to use paraprofessional workers when the department and provider determine the use appropriate. The department may also use paraprofessional workers, as appropriate, when the department provides preservation services; and (b) allow follow-up to be provided, on an individual case basis, when the department and provider determine the use appropriate.
(3) In carrying out the requirements of this section, the department shall consult with qualified agencies that have demonstrated expertise and experience in preservation services.
(4) The department may provide preservation services directly and shall, within available funds, enter into outcome-based, competitive contracts with social service agencies to provide preservation services, provided that such agencies meet measurable standards specified by this chapter and by the department. The standards shall include, but not be limited to, satisfactory performance in the following areas:
(a) The number of families appropriately connected to community resources;
(b) Avoidance of new referrals accepted by the department for child protective services or family reconciliation services within one year of the most recent case closure by the department;
(c) Consumer satisfaction;
(d) For reunification cases, reduction in the length of stay in out-of-home placement; and
(e) Reduction in the level of risk factors specified by the department.
(5)(a) The department shall not provide intensive family preservation services unless it is demonstrated that provision of such services prevent ((out-of-home)) placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW in at least seventy percent of the out-of-home placement cases served for a period of at least six months following termination of services. The department's caseworkers may only provide preservation services if there is no other qualified entity willing or able to do so.
(b) Contractors shall demonstrate that provision of intensive family preservation services prevent ((out-of-home)) placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW in at least seventy percent of the out-of-home placement cases served for a period of no less than six months following termination of services. The department may increase the period of time based on additional research and data. If the contractor fails to meet the seventy percent requirement the department may: (i) Review the conditions that may have contributed to the failure to meet the standard and renew the contract if the department determines: (A) The contractor is making progress to meet the standard; or (B) conditions unrelated to the provision of services, including case mix and severity of cases, contributed to the failure; or (ii) reopen the contract for other bids.
(c) The department shall cooperate with any person who has a contract under this section in providing data necessary to determine the amount of reduction in foster care. For the purposes of this subsection "prevent out-of-home placement" means that a child who has been a recipient of intensive family preservation services has not been placed outside of the home in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW, other than for a single, temporary period of time not exceeding fourteen days.
(6) The department shall adopt rules to implement this chapter."
Senator Hargrove spoke in favor of the striking amendment.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Hargrove and Stevens to Senate Bill No. 6692.
The motion by Senator Hargrove carried and the striking amendment was adopted by voice vote.
There being no objection, the following title amendment was adopted:
On page 1, line 1 of the title, after "placement;" strike the remainder of the title and insert "and amending RCW 74.14C.030."
MOTION
On motion of Senator Stevens, the rules were suspended, Engrossed Senate Bill No. 6692 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 final passage of Engrossed Senate Bill No. 6692.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6692 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 48.
Excused: Senator Thibaudeau - 1.
ENGROSSED SENATE BILL NO. 6692, 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.
There being no objection, the Senate resumed consideration of Second Substitute Senate Bill No. 5914.
MOTION
Senator Brown moved that the following amendment by Senators Brown and Murray be adopted:
On page 2, line 4, after "Vancouver" insert "and Spokane"
On page 2, line 15, strike "region's" and insert "regions'"
Senators Brown, Murray and Spanel spoke in favor of adoption of the amendment.
Senators Carlson, Zarelli and Deccio spoke against adoption of the amendment.
Senator Berkey moved to adopt an oral amendment to the amendment by Senator Brown to include Everett.
Senator Carlson: “A point of order. I believe that an oral amendment isn’t in order.”
President Owen: “Senator Carlson, an oral amendment can be made by any member of body if there are no objections. Then it must be reduced to writing if you want to offer the amendment.”
Senator Carlson objected to the oral amendment by Senator Berkey to the amendment by Senator Brown.
On motion of Senator Esser, further consideration of Second Substitute Senate Bill No. 5914 was deferred and it held it's place on the second reading calendar.
SECOND READING
SENATE BILL NO. 6234, by Senators Oke, Fraser, Swecker, Parlette, Fairley, Jacobsen, Esser, Brown and Kline
Concerning nonhighway and off-road vehicles.
The bill was read the second time.
MOTION
On motion of Senator Oke, the rules were suspended, Senate Bill No. 6234 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Oke and Fraser spoke in favor of passage of the bill.
Senator Benton: “Will Senator Oke yield to a question? Senator Oke, I noticed that this bill did not come through the Highways & Transportation Committee, but through Parks, Fish & Wildlife. Am I to assume then or can I assume that this bill does not increase the allocation of gas tax to these funds but only deals with the existing allocation?”
Senator Oke: “Yes, affirmative.”
The President declared the question before the Senate to be the final passage of Senate Bill No. 6234.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6234 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 48.
Excused: Senator Thibaudeau - 1.
SENATE BILL NO. 6234, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6676, by Senators Murray, Haugen, Horn, Oke, Benton and Rasmussen; by request of Department of Licensing
Permitting transfer of license plates.
MOTIONS
On motion of Senator Horn, Substitute Senate Bill No. 6676 was substituted for Senate Bill No. 6676 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. 6676 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Murray and Haugen spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6676.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6676 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 48.
Excused: Senator Thibaudeau - 1.
SUBSTITUTE SENATE BILL NO. 6676, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6642, by Senators Stevens, Hargrove, Schmidt, Carlson, Mulliken, Hewitt, Roach and McAuliffe
Ordering family group conferences following shelter care hearings. Revised for 1st Substitute: Ordering case conferences following shelter care hearings.
MOTIONS
On motion of Senator Stevens, Substitute Senate Bill No. 6642 was substituted for Senate Bill No. 6642 and the substitute bill was placed on second reading and read the second time.
MOTION
Senator Stevens moved that the following striking amendment by Senators Stevens and Hargrove be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 13.34.067 and 2001 c 332 s 1 are each amended to read as follows:
(1) Following shelter care and no later than twenty-five days prior to fact-finding, the department((, upon the parent's request or counsel for the parent's request,)) shall facilitate a case conference to develop and specify in a written service agreement the expectations of both the department and the parent regarding the care and placement of the child.
The department shall invite to the case conference all of the following who are available: The parents, counsel for the parents, the foster parents or other out-of-home care provider, caseworker, guardian ad litem, counselor, or other relevant health care provider, and any other person connected to the development and well-being of the child. The department shall notify the parents that they may have up to two advocates accompany them to the case conference. All available case conference participants must receive written notice at least seven business days prior to the case conference date, notifying them of the date, time, and location of the case conference.
The initial written service agreement expectations must correlate with the court's findings at the shelter care hearing. The written service agreement must set forth specific criteria that enables the court to measure the performance of both the department and the parent, and must be updated throughout the dependency process to reflect changes in expectations. The service agreement must serve as the unifying document for all expectations established in the department's various case planning and case management documents and the findings and orders of the court during dependency proceedings.
The court shall review the written service agreement at each stage of the dependency proceedings and evaluate the performance of both the department and the parent for consistent, measurable progress in complying with the expectations identified in the agreement.
The case conference agreement must be agreed to and signed by the parties. The court shall not consider the content of the discussions at the case conference at the time of the fact-finding hearing for the purposes of establishing that the child is a dependent child, and the court shall not consider any documents or written materials presented at the case conference but not incorporated into the case conference agreement, unless the documents or written materials were prepared for purposes other than or as a result of the case conference and are otherwise admissible under the rules of evidence.
(2) At any other stage in a dependency proceeding, the department, upon the parent's request, shall facilitate a case conference.
Sec. 2. RCW 13.34.062 and 2001 c 332 s 2 are each amended to read as follows:
(1) The written notice of custody and rights required by RCW 13.34.060 shall be in substantially the following form:
"NOTICE
Your child has been placed in temporary custody under the supervision of Child Protective Services (or other person or agency). You have important legal rights and you must take steps to protect your interests.
1. A court hearing will be held before a judge within 72 hours of the time your child is taken into custody excluding Saturdays, Sundays, and holidays. You should call the court at (insert appropriate phone number here) for specific information about the date, time, and location of the court hearing.
2. You have the right to have a lawyer represent you at the hearing. Your right to representation continues after the shelter care hearing. You have the right to records the department intends to rely upon. A lawyer can look at the files in your case, talk to child protective services and other agencies, tell you about the law, help you understand your rights, and help you at hearings. If you cannot afford a lawyer, the court will appoint one to represent you. To get a court-appointed lawyer you must contact: (explain local procedure) .
3. At the hearing, you have the right to speak on your own behalf, to introduce evidence, to examine witnesses, and to receive a decision based solely on the evidence presented to the judge.
4. If your hearing occurs before a court commissioner, you have the right to have the decision of the court commissioner reviewed by a superior court judge. To obtain that review, you must, within ten days after the entry of the decision of the court commissioner, file with the court a motion for revision of the decision, as provided in RCW 2.24.050.
You should be present at any shelter care hearing. If you do not come, the judge will not hear what you have to say.
You may call the Child Protective Services' caseworker for more information about your child. The caseworker's name and telephone number are: (insert name and telephone number) .
5. You ((may request that the department facilitate)) have a right to a case conference facilitated by the department to develop a written service agreement following the shelter care hearing. The service agreement may not conflict with the court's order of shelter care. You may request that a multidisciplinary team, family group conference, or prognostic staffing((, or case conference)) be convened for your child's case. You may participate in these processes with your counsel present."
Upon receipt of the written notice, the parent, guardian, or legal custodian shall acknowledge such notice by signing a receipt prepared by child protective services. If the parent, guardian, or legal custodian does not sign the receipt, the reason for lack of a signature shall be written on the receipt. The receipt shall be made a part of the court's file in the dependency action.
If after making reasonable efforts to provide notification, child protective services is unable to determine the whereabouts of the parents, guardian, or legal custodian, the notice shall be delivered or sent to the last known address of the parent, guardian, or legal custodian.
(2) If child protective services is not required to give notice under RCW 13.34.060(2) and subsection (1) of this section, the juvenile court counselor assigned to the matter shall make all reasonable efforts to advise the parents, guardian, or legal custodian of the time and place of any shelter care hearing, request that they be present, and inform them of their basic rights as provided in RCW 13.34.090.
(3) Reasonable efforts to advise and to give notice, as required in RCW 13.34.060(2) and subsections (1) and (2) of this section, shall include, at a minimum, investigation of the whereabouts of the parent, guardian, or legal custodian. If such reasonable efforts are not successful, or the parent, guardian, or legal custodian does not appear at the shelter care hearing, the petitioner shall testify at the hearing or state in a declaration:
(a) The efforts made to investigate the whereabouts of, and to advise, the parent, guardian, or legal custodian; and
(b) Whether actual advice of rights was made, to whom it was made, and how it was made, including the substance of any oral communication or copies of written materials used.
(4) The court shall hear evidence regarding notice given to, and efforts to notify, the parent, guardian, or legal custodian and shall examine the need for shelter care. The court shall hear evidence regarding the efforts made to place the child with a relative. The court shall make an express finding as to whether the notice required under RCW 13.34.060(2) and subsections (1) and (2) of this section was given to the parent, guardian, or legal custodian. All parties have the right to present testimony to the court regarding the need or lack of need for shelter care. Hearsay evidence before the court regarding the need or lack of need for shelter care must be supported by sworn testimony, affidavit, or declaration of the person offering such evidence.
(5) A shelter care order issued pursuant to RCW 13.34.065 may be amended at any time with notice and hearing thereon. The shelter care decision of placement shall be modified only upon a showing of change in circumstances. No child may be placed in shelter care for longer than thirty days without an order, signed by the judge, authorizing continued shelter care.
(6) Any parent, guardian, or legal custodian who for good cause is unable to attend the initial shelter care hearing may request that a subsequent shelter care hearing be scheduled. The request shall be made to the clerk of the court where the petition is filed prior to the initial shelter care hearing. Upon the request of the parent, the court shall schedule the hearing within seventy-two hours of the request, excluding Saturdays, Sundays, and holidays. The clerk shall notify all other parties of the hearing by any reasonable means.
Sec. 3. RCW 13.34.094 and 2001 c 332 s 6 are each amended to read as follows:
The department shall, within existing resources, provide to parents requesting or participating in a multidisciplinary team, family group conference, case conference, or prognostic staffing((, or case conference,)) information that describes these processes prior to the processes being undertaken."
Senator Stevens spoke in favor of adoption of the striking amendment.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Stevens and Hargrove to Substitute Senate Bill No. 6642.
The motion by Senator Stevens carried and the striking amendment was adopted by voice vote.
There being no objection, the following title amendment was adopted:
On page 1, line 2 of the title, after "hearings;" strike the remainder of the title and insert "and amending RCW 13.34.067, 13.34.062, and 13.34.094."
MOTION
On motion of Senator Stevens, the rules were suspended, Engrossed Substitute Senate Bill No. 6642 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Stevens and Hargrove spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6642.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6642 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 48.
Excused: Senator Thibaudeau - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6642, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
There being no objection, the Senate resumed consideration of Second Substitute Senate Bill No. 5914.
MOTION
Senator Berkey moved that the following amendment to the amendment by Senator Berkey be adopted:
On page 1, line 1 of the amendment, before "and" insert ", Everett."
Senators Berkey, Shin and Brown spoke in favor of the amendment to the amendment.
Senators Carlson, Hewitt and Pflug spoke against the amendment to the amendment.
The President declared the question before the Senate to be the adoption of the amendment to the amendment by Senator Berkey on page 1, line 1 to Second Substitute Senate Bill No. 5914.
The motion by Senator Berkey failed and the amendment to the amendment was not adopted by voice vote.
The President declared the question before the Senate to be the adoption of the amendment by Senator Brown to Second Substitute Senate Bill No. 5914.
The motion by Senator Brown carried and the amendment was adopted on a rising vote.
MOTION
On motion of Senator Esser, further consideration of Engrossed Second Substitute Senate Bill No. 5914 was deferred and the bill hold it's place on the second reading calendar.
SECOND READING
SENATE JOINT MEMORIAL NO. 8043, by Senators Rasmussen, Brown, Shin and Spanel
Requesting the elimination of preferences given to asparagus under the Andean Trade Preference Act.
The memorial was read the second time.
MOTION
On motion of Senator Swecker, the rules were suspended, Senate Joint Memorial No. 8043 was advanced to third reading, the second reading considered the third and the memorial was placed on final passage.
Senators Swecker, Rasmussen, Hewitt and Prentice spoke in favor of passage of the memorial.
The President declared the question before the Senate to be the final passage of Senate Joint Memorial No. 8043.
ROLL CALL
The Secretary called the roll on the final passage of Senate Joint Memorial No. 8043 and the memorial passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 49.
SENATE JOINT MEMORIAL NO. 8043, having received the constitutional majority, was declared passed.
SECOND READING
SENATE BILL NO. 6531, by Senators Johnson, Kline and Esser; by request of Department of Social and Health Services
Modifying estate adjudication provisions.
MOTIONS
On motion of Senator Johnson, Substitute Senate Bill No. 6531 was substituted for Senate Bill No. 6531 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Johnson, the rules were suspended, Substitute Senate Bill No. 6531 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Johnson and Kline spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6531.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6531 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 49.
SUBSTITUTE SENATE BILL NO. 6531, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6384, by Senators Esser, Thibaudeau, Keiser, Regala, Eide, McCaslin, Rasmussen, Oke, Prentice, B. Sheldon, Kline, Murray, McAuliffe, Kohl-Welles and Roach
Imposing penalties against convicted domestic violence offenders to pay for domestic violence programs.
MOTIONS
On motion of Senator Esser, Substitute Senate Bill No. 6384 was substituted for Senate Bill No. 6384 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Esser, the rules were suspended, Substitute Senate Bill No. 6384 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Esser and Kline spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6384.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6384 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 49.
SUBSTITUTE SENATE BILL NO. 6384, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6641, by Senators B. Sheldon, Oke, Spanel, Carlson, Fraser, Shin, Regala, Winsley, Kohl-Welles, Poulsen, Kline, Fairley, Jacobsen, Prentice, Haugen, Berkey, Brown, McAuliffe, Franklin, Rasmussen and Keiser
Reducing the risk of oil spills and spill damage.
MOTIONS
On motion of Senator Sheldon, B., Substitute Senate Bill No. 6641 was substituted for Senate Bill No. 6641 and the substitute bill was placed on second reading and read the second time.
Senator Sheldon, B. spoke in favor of the substitute bill.
On motion of Senator Sheldon, B., the rules were suspended, Substitute Senate Bill No. 6641 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Shin and Morton spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6641.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6641 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 49.
SUBSTITUTE SENATE BILL NO. 6641, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6105, by Senator McCaslin
Revising penalties for animal cruelty.
MOTIONS
On motion of Senator Esser, Substitute Senate Bill No. 6105 was substituted for Senate Bill No. 6105 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Esser, the rules were suspended, Substitute Senate Bill No. 6105 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators McCaslin and Kline spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6105.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6105 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 49.
SUBSTITUTE SENATE BILL NO. 6105, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
There being no objection, the Senate resumed consideration of Second Substitute Senate Bill No. 5914.
Senator Mulliken, having voted on the prevailing side of the vote by which amendment by Senator Brown to Engrossed Second Substitute Senate Bill No. 5914 was adopted, moved that the Senate immediately reconsider the vote.
The President declared the question before the Senate to be the amendment by Senator Brown to Engrossed Second Substitute Senate Bill No. 5914.
The amendment was not adopted on reconsideration by voice vote.
MOTION
On motion of Senator Carlson, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5914 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Carlson and Kohl-Welles spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Second Substitute Senate Bill No. 5914.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Bill No. 5914 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Berkey, Brandland, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 47.
Voting nay: Senators Brown and Spanel - 2.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5914, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
President Pro Tempore assumed the chair.
SECOND READING
SENATE BILL NO. 6314, by Senators T. Sheldon, Hale, Kohl-Welles, Swecker, Eide, Thibaudeau, Finkbeiner, Brown, B.
Sheldon, Shin, Franklin, Regala, Keiser, Doumit, Prentice, McAuliffe, Fraser, Kline, Winsley, Mulliken and Rasmussen
Expanding membership on the community economic revitalization board.
The bill was read the second time.
MOTION
On motion of Senator Sheldon, T., the rules were suspended, Senate Bill No. 6314 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Sheldon, T. spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Senate Bill No. 6314.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6314 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 49.
SENATE BILL NO. 6314, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6245, by Senators Zarelli, Regala, Winsley and Rasmussen
Relating to residency teacher certification partnership programs.
MOTIONS
On motion of Senator Johnson, Substitute Senate Bill No. 6245 was substituted for Senate Bill No. 6245 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Johnson, the rules were suspended, Substitute Senate Bill No. 6245 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Zarelli spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6245.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6245 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 49.
SUBSTITUTE SENATE BILL NO. 6245, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE JOINT MEMORIAL NO. 8039, by Senators Shin, Jacobsen, Kastama, Thibaudeau, Berkey, Fraser, Doumit, Prentice, Horn, Kohl-Welles, Kline, Fairley, Oke, Stevens, Hale, Zarelli, T. Sheldon, B. Sheldon, Schmidt, McAuliffe, Murray, Spanel, Rasmussen, Winsley, Benton, Regala, Sheahan, Eide, Deccio and McCaslin
Requesting relief for military installations in Washington State from the latest round of closures under the Base Realignment and Closure process.
The bill was read the second time.
MOTION
Senator Shin moved that the following amendment by Senator Shin be adopted:
Beginning on page 1, after line 1, strike all material through "Washington." on page 3, line 10, and insert "AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED, AND TO THE SECRETARY OF THE DEPARTMENT OF DEFENSE:
We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:
WHEREAS, The Department of Defense's military installations in Washington State play a vital role in the defense of the United States of America and its citizens and residents, both by providing a power projection platform ideally situated geographically and by providing leadership within the military through innovation in transformational efforts; and
WHEREAS, The military installations in Washington State are striving to perform their current missions as efficiently and effectively as possible and to improve their ability to contribute to the defense of the nation for the long term; and
WHEREAS, The majority of major conflicts of the 20th century have been in or around the Pacific Ocean, including World War II, the Korean War, the Vietnam War, Operation Desert Storm, and Operation Iraqi Freedom, and the emerging threats of the 21st century are in that same area; and
WHEREAS, Each of the military installations in Washington performs vital strategic functions, including the only homeport for Trident Ballistic Missile Submarines on the Pacific Coast, the only torpedo manufacturing facility in the nation, the only deep draft military shipyard on the Pacific Coast, a major base for C-17 aircraft, the sole Air Force Survival School in the nation, the only major Army installation west of the Rocky mountains capable of large scale troop deployment, and the base with the highest number of VFR flying days of any Naval Air Station in the United States; and
WHEREAS, Washington State has an excellent working relationship at both the state and local level with each of the military installations, demonstrated in part by the numerous partnerships among the military and local governments and private and nonprofit sectors in providing services to both military and civilian personnel, by involvement of military installations in state and local land use, transportation and other planning, and by the ongoing community support to the military personnel and their families; and
WHEREAS, The military's presence, in all forms, contributes greatly to the economy, security, and social fabric of Washington State as one of the largest employers in the state, a significant purchaser of goods, services, and construction from the private sector, and a source of leadership in state, local, and community organizations; and
WHEREAS, Washington State consistently provides a high quality of life to military personnel stationed in our state, evidenced by the large number of terminal postings to bases in Washington State, additionally, our state benefits from the large number of skilled and talented military personnel and their families who remain in or return to Washington after leaving active duty; and
WHEREAS, The Washington State Legislature recognizes the importance of the Department of Defense's military installations within Washington State, both to the defense of the United States and the vitality of Washington as an economy and a people;
NOW, THEREFORE, Your Memorialists respectfully pray that the President, Congress, and the Department of Defense will recognize the strategic importance of these bases to our nation's security and not make them victims of this round of the Base Realignment and Closure process.
Your Memorialists further pray that the military facilities in Washington state will continue to serve in the defense of our nation for many years to come.
BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable George W. Bush, President of the United States, the Secretary of the Department of Defense, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington."
Senator Shin spoke in favor of adoption of the amendment.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senator Shin beginning on page 1, after line 1 to Senate Joint Memorial No. 8039.
The motion by Senator Shin carried and the amendment was adopted by voice vote.
MOTION
On motion of Senator Shin, the rules were suspended, Engrossed Senate Joint Memorial No. 8039 was advanced to third reading, the second reading considered the third and the memorial was placed on final passage of Senate Joint Memorial No. 8039.
Senators Shin, Roach, Schmidt, Swecker and Rasmussen spoke in favor of passage of the memorial.
The President Pro Tempore declared the question before the Senate to be the final passage of Engrossed Senate Joint Memorial No. 8039.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Joint Memorial No. 8039 and the memorial passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 49.
ENGROSSED SENATE JOINT MEMORIAL NO. 8039, having received the constitutional majority, was declared passed.
Senator Shin: “A point of personal privilege. During the committee discussion on this memorial quite a few number of you indicated not be signing to this resolution. Because of it’s importance and the context, therefore Madam President, I move that the rules be suspended and that an exception be made to general rule regarding sponsors for this bill in order to allow any member wishing to do so sign onto Senate Joint Memorial 8039 prior to adjournment tonight.”
SECOND READING
SENATE BILL NO. 6609, by Senators Hargrove, Brandland, Regala, Franklin and Rasmussen
Revising timelines for sealing juvenile records.
MOTIONS
On motion of Senator Hargrove, Substitute Senate Bill No. 6609 was substituted for Senate Bill No. 6609 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 6609 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Hargrove and Stevens spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6609.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6609 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 49.
SUBSTITUTE SENATE BILL NO. 6609, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6413, by Senators Mulliken, T. Sheldon, Swecker, Rasmussen, Esser, Hargrove, Murray and Stevens
Modifying impact fee provisions.
MOTIONS
On motion of Senator Mulliken, Substitute Senate Bill No. 6413 was substituted for Senate Bill No. 6413 and the substitute bill was placed on second reading and read the second time.
MOTION
Senator Mulliken moved that the following striking amendment by Senators Mulliken, Rasmussen and Hargrove be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 82.02 RCW to read as follows:
(1) Impact fees for residential construction, as defined in section 3 of this act, shall only be collected by the county, city, or town imposing the impact fee either:
(a) At the time of final inspection of the residence. A final inspection shall be conditioned on the payment of the impact fees; or
(b) At the time the certificate of occupancy is issued. Issuance of a certificate of occupancy shall be conditioned on the payment of the impact fees.
(2) As a form of surety, a county, city, or town may require a signed statement from the owner agreeing to and acknowledging the terms of this chapter.
(3) Impact fees imposed under this chapter shall become a lien upon real property, in the same manner as provided for under RCW 84.60.010, thirty days after the impact fees become due until the same are paid.
NEW SECTION. Sec. 2. A new section is added to chapter 43.21C RCW to read as follows:
(1) Impact fees under this chapter for residential construction, as defined in section 3 of this act, shall only be collected by the county, city, or town imposing the impact fee either:
(a) At the time of final inspection of the residence. A final inspection shall be conditioned on the payment of the impact fees; or
(b) At the time the certificate of occupancy is issued. Issuance of a certificate of occupancy shall be conditioned on the payment of the impact fees.
(2) As a form of surety, a county, city, or town may require a signed statement from the owner agreeing to and acknowledging the terms of this chapter.
(3) Impact fees imposed under this chapter shall become a lien upon real property, in the same manner as provided for under RCW 84.60.010, thirty days after the impact fees become due until the same are paid.
NEW SECTION. Sec. 3. A new section is added to chapter 82.02 RCW to read as follows:
For the purposes of sections 1 and 2 of this act, "residential construction" means construction of single-family dwellings, duplexes, apartments, condominiums, and other residential structures.
NEW SECTION. Sec. 4. If any section of this act is vetoed by the governor, the remainder of this act is null and void."
Senators Mulliken, Johnson, Sheahan and Pflug spoke in favor of adoption of the striking amendment.
Senator Kline spoke against the adoption of the striking amendment.
Senator Kline: “Will Senator Mulliken yield to a question? Senator Mulliken, under the striking amendment as under the underlying bill the impact fees which under current law are paid as paid by the builder at the time of the permit and then become part of the sale price to the eventual buyer are subject to a regular mortgage? I take it you’re shaking your head yes they are. If they’re made a separate fee payable as in the striker at the time of the occupancy or the occupancy permit they would not be finance able as a mortgage would they not? They would not be financeable as a mortgage, is that correct?”
Senator Mulliken: “Not necessarily. Your point is well taken. We’re trying to save money, for the consumer and the builder and yet allow the local governments to still have the impact fees to accommodate the growth that will happen. But the point is, is there isn’t an impact until people move in.”
The President Pro Tempore declared the question before the Senate to be the adoption of the striking amendment by Senators Mulliken, Rasmussen and Hargrove to Substitute Senate Bill No. 6413.
The motion by Senator Mulliken carried and the striking amendment was adopted by voice vote.
There being no objection, the following title amendment was adopted.
On page 1, line 1 of the title, after "construction;" strike the remainder of the title and insert "adding new sections to chapter 82.02 RCW; adding a new section to chapter 43.21C RCW; and creating a new section."
MOTION
On motion of Senator Mulliken, the rules were suspended, Engrossed Substitute Senate Bill No. 6413 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Mulliken, Zarelli, Haugen and Esser spoke in favor of passage of the bill.
Senators Kline and Regala spoke against passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6413.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6413 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 16; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Berkey, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Rasmussen, Roach, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, Winsley and Zarelli - 33.
Voting nay: Senators Brown, Fairley, Franklin, Fraser, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, Poulsen, Prentice, Regala, Sheldon, B., Shin, Spanel and Thibaudeau - 16.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6413, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
President Owen assumed the chair.
SECOND READING
SENATE BILL NO. 6519, by Senators Benton, Prentice, Winsley and Kline
Regulating third party utility billings.
MOTIONS
On motion of Senator Benton, Substitute Senate Bill No. 6519 was substituted for Senate Bill No. 6519 and the substitute bill was placed on second reading and read the second time.
Senator Kline moved the following amendment by Senator Kline be adopted:
On page 1, line 9, after "to tenants" strike "," and insert "and"
On page 1, beginning on line 10, after "practices" strike everything through "billing" on line 11
On page 6, after line 13, strike all of section 6
WITHDRAWAL OF AMENDMENT
There being no objection, Senator Kline withdrew the amendment by Senator Kline, on page 1, line 9 to Substitute Senate Bill No. 6519.
MOTION
Senator Benton moved that the following striking amendment by Senators Benton, Berkey and Prentice be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) This chapter may be known and cited as the "third party utility billing act." The purpose of this chapter is to prevent landlords, either themselves or through a third party billing agent, from billing tenants for master metered or unmetered utility services without proper notice and disclosure of billing practices to tenants, to protect tenants from deceptive or fraudulent billing practices, and to establish uniform statewide standards for third party utility billing that do not permit the adoption of inconsistent or more restrictive standards by any city, code city, or county.
(2) This chapter does not prevent a landlord from including a tenant's cost of master metered or unmetered utility services within the rent set forth in a rental agreement, and the practice of including that cost within a tenant's rent is not a billing practice or methodology affected by this chapter.
(3) This chapter does not affect the practices used by public utilities to bill and collect residential multiunit building owners or landlords for master metered or unmetered utility services.
NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Billing entity" means the landlord or third party billing agent responsible for billing multiunit building tenants for master metered or unmetered utility services.
(2) "Disclosure" means providing tenants with complete and accurate written information in a clear, concise, and understandable manner in all notices required under this chapter and on each bill presented from the billing entity to tenants.
(3) "Landlord" has the meaning provided in RCW 59.18.030 and also has the meaning provided in RCW 59.20.030 with regard to mobile home parks.
(4) "Master metered utility service" means a utility service supplied to more than one unit in a multiunit building and measured through a single inclusive metering system.
(5) "Methodology" means any method, technique, or criterion used to apportion to tenants charges billed to the landlord by the utility for master metered or unmetered utility services, including but not limited to, ratio utility billing systems, submetering systems, and hot water metering systems.
(6) "Multiunit building" means a residential building, group of buildings, or mobile home park, with three or more dwelling units, as defined in RCW 59.18.030, or mobile home lots, as defined in RCW 59.20.030, with a master metered utility service or unmetered utility service that is provided to the building or group of buildings as a whole.
(7) "Ratio utility billing system" means any method by which the cost of master metered or unmetered utility services provided to tenants and common areas of a multiunit building are apportioned to tenants through the use of a formula that estimates the utility usage of each rental unit in the multiunit building based on the number of occupants in a unit, number of bedrooms in a unit, square footage of a unit, or any similar criterion.
(8) "Rental agreement" has the meaning provided in RCW 59.18.030.
(9) "Tenant" has the meaning provided in RCW 59.18.030 and also means a tenant of a mobile home park as defined in RCW 59.20.030.
(10) "Billing practices" means the practices of a billing entity that apportions and bills multiunit building tenants for master metered or unmetered utility services provided to the multiunit building as a whole by an apportioning methodology and also means any related practices including but not limited to, collecting, using, or disclosing tenants' personally identifiable information, other than name and address; attempting to collect unpaid amounts from tenants; verifying tenants' credit; and reporting unpaid balances to credit reporting agencies.
(11) "Third party billing agent" means any entity retained or authorized by a landlord as a billing entity.
(12) "Unmetered" or "unmetered utility services" means utilities provided to more than one unit of a multiunit building, in which the bill from the utility is based on a method other than a meter and includes, but is not limited to, sewer and solid waste services.
(13) "Utilities" or "utility services" means water, sewer, electric, and solid waste services.
NEW SECTION. Sec. 3. A landlord of a multiunit building shall not bill tenants for utility services separately from rent except as permitted in this chapter.
NEW SECTION. Sec. 4. (1) A landlord may or may authorize a third party billing agent to bill tenants of a multiunit building for master metered or unmetered utility services provided to the tenants, only if the following requirements are met:
(a) Billing practices may be adopted only upon advance written notice to a tenant as part of a new or renewed rental agreement. Tenants must receive written notice of the billing practices at least thirty days before expiration of their rental agreements, or, in the case of month-to-month tenancies, at least thirty days before the billing practices may become effective. However, if billing practices are already in place on the effective date of this act, written notice must be given within thirty days of the effective date of this act.
(b) The notice required under (a) of this subsection shall include a detailed written disclosure of the methodology used by the billing entity to allocate the charges to each tenant, including the methodology used to allocate utility services for common areas of the multiunit building, along with all other terms and conditions of the billing arrangement. If submetering is used, the notice shall also include descriptions of the location of the submeter and any access requirements to tenant dwelling units or mobile home lots for submeter installation, reading, repair, maintenance, or inspections, including removal of the submeter for testing. Access requirements shall be consistent with the provisions of RCW 59.18.150 or 59.20.130 for mobile home parks. An additional written notice must also be given at least thirty days prior to the due date of the next rental payment in order to implement a change in billing agents, apportionment methodology, fees, or other terms and conditions of the billing arrangement.
(c) The total of all charges for any utility service included in the bills sent to all units may not cumulatively exceed the amount of the bill sent by the utility to the landlord for the multiunit building or the covered dwelling units or mobile home lots in the multiunit building as a whole, less any late charges, interest, or other penalties owed by the landlord, with the exception of the following, which may be included in each bill covering an individual dwelling unit or mobile home lot:
(i) A service charge;
(ii) Late payment charges; and
(iii) Insufficient funds check charges for dishonored checks.
Service charges, late payment charges, and insufficient funds check charges shall be reasonable, and shall be a flat fee, or schedule of fees disclosed in the billing practices notices. No late payment charges may accrue until at least twenty-one days after the date the bill was mailed to the tenant or until twenty-one days after the bill was delivered to the tenant if the bill was not mailed.
(d) Any third party billing agent must be properly registered and licensed to do business in this state and must be in compliance with all applicable state laws and rules, and all applicable state license identification numbers, if any, must be disclosed upon request.
(e) Each billing statement sent to a tenant by a billing entity must disclose all required information in a clear and conspicuous manner and at minimum must:
(i) Include the name, business address, and telephone number of the billing entity;
(ii) Identify and show the basis for each separate charge, including service charges and late charges, if any, as a line item, and show the total amount of the bill;
(iii) If the building units are submetered, include the current and previous meter readings, the current read date, and the amount consumed, or estimated to have been consumed if the utility has provided the landlord with an estimated bill;
(iv) Specify the due date, the date upon which the bill becomes overdue, the amount of any late charges or penalties that may apply, and the date upon which the late charges or penalties may be imposed;
(v) Identify any past due dollar amounts;
(vi) Identify a mailing address and telephone number for billing inquiries and disputes, identify the entity responsible for resolving billing inquiries and disputes and its business hours and days of availability, and describe the process used to resolve disputes related to bills as set forth in this chapter; and
(vii) Include a statement to the effect that "this bill is from (landlord name) and not from (utility company name)."
(f) If a utility company has billed the landlord using an estimate of utility service consumed, the billing agent may estimate the charges to be billed to tenants until billing based on actual consumption resumes.
(g) Submetering is permitted as a way of allocating master metered utility services to tenants.
(2) This section does not prevent a landlord from addressing billing of master metered or other unmetered utility services in a written addendum to a lease. A lease addendum may be used to give the notice required under subsection (1)(a) of this section, so long as the lease addendum is provided to the tenant with the notice required under that subsection, and so long as all other requirements of this chapter are satisfied.
(3) No dispute resolution provision may require a tenant to pursue a remedy in another state.
(4) The state of Washington fully occupies and preempts the entire field of residential third party utility billings. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to third party utility billings that are consistent with this chapter. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law may not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of the city, town, county, or municipality.
NEW SECTION. Sec. 5. When a billing entity employs a methodology for third party utility billing based on submetering or hot water metering, the individual meters must be accurate and regularly maintained.
NEW SECTION. Sec. 6. Sections 1 through 5 of this act constitute a new chapter in Title 59 RCW."
Senators Benton and Kline spoke in favor of adoption of the striking amendment.
MOTION
Senator Kline moved that the following amendment to the striking amendment by Senator Kline be adopted:
On page 1, line 8 of the amendment, after "to tenants" strike "," and insert "and"
On page 1, beginning on line 9 of the amendment, after "practices" strike everything through "county" on line 12
On page 5, beginning on line 27 of the amendment, strike all of subsection (4)
Senator Kline spoke in favor of adoption of the amendment to the striking amendment.
Senators Benton and Prentice spoke against adoption of the amendment to the striking amendment.
The President declared the question before the Senate to be the adoption of the amendment to the striking amendment by Senator Kline, on page 1, line 8 to Substitute Senate Bill No. 6519.
The motion by Senator Kline failed and the amendment to the striking amendment was not adopted by voice vote.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Benton, Berkey and Prentice.
The motion by Senator Benton carried and the striking amendment was adopted by voice vote.
There being no objection, the following title amendment was adopted:
On page 1, line 1 of the title, after "billings;" strike the remainder of the title and insert "and adding a new chapter to Title 59 RCW."
MOTION
On motion of Senator Benton, the rules were suspended, Engrossed Substitute Senate Bill No. 6519 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Benton spoke in favor of passage of the bill.
MOTION
On motion of Senator Esser, Senator Roach was excused.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6519.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6519 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 8; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, Kastama, Keiser, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Prentice, Rasmussen, Regala, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 40.
Voting nay: Senators Brown, Fairley, Jacobsen, Kline, Kohl-Welles, McAuliffe, Poulsen and Thibaudeau - 8.
Excused: Senator Roach - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6519, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6341, by Senator Oke
Concerning the licensing of cosmetologists and others under chapter 18.16 RCW.
MOTIONS
On motion of Senator Oke, Substitute Senate Bill No. 6341 was substituted for Senate Bill No. 6341 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Oke, the rules were suspended, Substitute Senate Bill No. 6341 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Oke and Franklin spoke in favor of passage of the bill.
MOTION
On motion of Senator Hewitt, Senator Roach was excused.
Senator Deccio: “A point of personal privilege, Mr. President. I really don’t know how to do this, but we’re dealing with hair and I think it’s only appropriate that those people that have that experience ought to be added as co-sponsors. I’d like to suggest that Senator Johnson, McCaslin, Kline and Hewitt be added as additional sponsors. Thank you.”
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6341.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6341 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 47.
Voting nay: Senator Haugen - 1.
Excused: Senator Roach - 1.
SUBSTITUTE SENATE BILL NO. 6341, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
At 11:50 a.m., on motion of Senator Esser, the Senate recessed until 2:00 p.m.
The Senate was called to order at 2:00 p.m by President Owen.
MOTION
On motion of Senator Esser, the Senate reverted to the fourth order of business.
MESSAGES FROM THE HOUSE
February 12, 2004
MR. PRESIDENT:
The House has passed the following bills:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1013,
SECOND ENGROSSED SUBSTITUTE HOUSE BILL NO. 1660,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2891,
ENGROSSED HOUSE BILL NO. 3094,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
February 12, 2004
MR. PRESIDENT:
The House has passed the following bills:
SUBSTITUTE HOUSE BILL NO. 2600,
SUBSTITUTE HOUSE BILL NO. 2652,
SUBSTITUTE HOUSE BILL NO. 2701
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
February 12, 2004
MR. PRESIDENT:
The House has passed the following bills:
ENGROSSED HOUSE BILL NO. 1615,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1656,
SUBSTITUTE HOUSE BILL NO. 1691,
SECOND SUBSTITUTE HOUSE BILL NO. 1702,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1723,
SUBSTITUTE HOUSE BILL NO. 1820,
SUBSTITUTE HOUSE BILL NO. 1862,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1872,
SUBSTITUTE HOUSE BILL NO. 1995,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2043,
SUBSTITUTE HOUSE BILL NO. 2300,
SUBSTITUTE HOUSE BILL NO. 2313,
SUBSTITUTE HOUSE BILL NO. 2319,
SUBSTITUTE HOUSE BILL NO. 2321,
SUBSTITUTE HOUSE BILL NO. 2350,
SUBSTITUTE HOUSE BILL NO. 2361,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
February 12, 2004
MR. PRESIDENT:
The House has passed the following bills:
SUBSTITUTE HOUSE BILL NO. 1283,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1840,
SUBSTITUTE HOUSE BILL NO. 2329,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2381,
SUBSTITUTE HOUSE BILL NO. 2382,
SUBSTITUTE HOUSE BILL NO. 2394,
SUBSTITUTE HOUSE BILL NO. 2404,
SUBSTITUTE HOUSE BILL NO. 2452,
SUBSTITUTE HOUSE BILL NO. 2457,
SUBSTITUTE HOUSE BILL NO. 2462,
SUBSTITUTE HOUSE BILL NO. 2510,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2844
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
February 12, 2004
MR. PRESIDENT:
The House has passed the following bills:
SUBSTITUTE HOUSE BILL NO. 2846,
SUBSTITUTE HOUSE BILL NO. 2875,
SUBSTITUTE HOUSE BILL NO. 2906,
SUBSTITUTE HOUSE BILL NO. 2908,
SUBSTITUTE HOUSE BILL NO. 2988,
SUBSTITUTE HOUSE BILL NO. 3039,
SUBSTITUTE HOUSE BILL NO. 3055,
SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4028,
HOUSE JOINT MEMORIAL NO. 4041,
SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4043
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
On motion of Senator Esser, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Shin, the following resolution was adopted:
By Senators Shin, Spanel, Brandland, Fraser, Fairley, Rasmussen and McAuliffe
WHEREAS, The State of Washington has long been recognized for its tremendous spirit of community, camaraderie, responsibility, and caring; and
WHEREAS, Washingtonians come together in times of national and personal crisis to help each other through the burdens and challenges unforeseen by our neighbors; and
WHEREAS, Recently, in Bellingham, the community lived up to this well-deserved reputation by coming to the aid of a fellow citizen who fell victim to a violent crime; and
WHEREAS, On Sunday, January 25th, Bellingham resident Jong Min Park was shot during a robbery while tending his store, Giffords Market; and
WHEREAS, Mr. Park, his wife Sung Mun, and 10-year old daughter Hye In and his family moved to Bellingham from Florida less than one year and three months ago; and
WHEREAS, As a recent immigrant to Washington and the United States, Mr. Park was not aware of our state's spirit of camaraderie, responsibility, and caring; and
WHEREAS, The community in Bellingham came together and rallied around Mr. Park and his family after this horrible event; and
WHEREAS, Many area businesses donated supplies, food, replacement glass for a broken window, and even supplied staff to keep the store open when the Park family was tending to medical needs; and
WHEREAS, Volunteers spent time making the counter more visible and working shifts in the absence of the owners, selling nearly $10,000 worth of groceries; and
WHEREAS, Neighbors bought and installed a television and surveillance camera for the safety of the owners in the store; and
WHEREAS, Upon finding out that the family didn't have medical insurance, volunteers raised over $10,000 in donations to cover the cost of his medical care; and
WHEREAS, Neighbors volunteered their time running the cash register, stocking the shelves, donating money for medical expenses, giving flowers, and buying out the inventory in a show of support for the family; and
WHEREAS, Mr. Park realizes how close he came to losing his life as a result of this horrible crime and the catastrophic result that would have had on his family and that he survived through a miracle and the work of his doctors; and
WHEREAS, Mr. Park feels a tremendous debt to his community for their concern and compassion for the family despite their relative newness to Bellingham; and
WHEREAS, It is occurrences like these that show the true mettle of Washingtonians and the strength of our community; and
WHEREAS, Although tragic, this horrible event demonstrates the power of people who care for one another and their ability to bring people together; and
WHEREAS, The city has shown what a true community is and demonstrated America can be a nation composed of compassionate, caring citizens;
NOW, THEREFORE, BE IT RESOLVED, That the Washington Senate salute the volunteers and businesses for their donations, gifts, and support shown for the victim of this horrendous crime; and
BE IT FURTHER RESOLVED, That the people of Bellingham have exemplified the true spirit of community, camaraderie, and caring inherent to Washington and their example should be followed throughout the state; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Mayor and City Council of the City of Bellingham.
Senators Shin, Brandland, Spanel and Benton spoke in favor of adoption of the resolution.
The President declared the question before the Senate to be the adoption of Senate Resolution No. 8709.
The motion by Senator Shin carried and the resolution was adopted by voice vote.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced Mr. Jong Min Park who was seated in the gallery.
MOTION
On motion of Senator Esser, the Senate reverted to the sixth order of business.
SECOND READING
SENATE BILL NO. 6118, by Senators Morton, Stevens, Deccio, Mulliken, Roach and Swecker
Allowing for cougar control pilot programs. Revised for 1st Substitute: Creating a cougar control pilot program.
MOTIONS
On motion of Senator Morton, Substitute Senate Bill No. 6118 was substituted for Senate Bill No. 6118 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Morton, the rules were suspended, Substitute Senate Bill No. 6118 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Morton, Hargrove and Oke spoke in favor of passage of the bill.
MOTION
On motion of Senator Eide, Senator Thibaudeau was excused.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6118.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6118 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 15; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, Brandland, Carlson, Deccio, Doumit, Esser, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Rasmussen, Roach, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, Winsley and Zarelli - 33.
Voting nay: Senators Brown, Eide, Fairley, Franklin, Fraser, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Regala, Sheldon, B., Shin and Spanel - 15.
Excused: Senator Thibaudeau - 1.
SUBSTITUTE SENATE BILL NO. 6118, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
President Owen: “I did want to make an announcement today. We are every so often are blessed with the presence of a lady that I have thought to be most delightful and inspiring when she comes down to see us throughout the session. She is the mother of the exemplary Senator from the thirty-sixth district in Seattle, Senator Jeanne Kohl-Welles. Elizabeth Kohl is with us today and she is celebrating her 88th birthday.”
SECOND READING
SENATE BILL NO. 6472, by Senators Hargrove, McAuliffe, Esser, Regala, Stevens and Kohl-Welles; by request of Department of Community, Trade, and Economic Development
Revising provisions relating to victims of crime.
MOTIONS
On motion of Senator Stevens, Substitute Senate Bill No. 6472 was substituted for Senate Bill No. 6472 and the substitute bill was placed on second reading and read the second time.
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 13.40.010 and 1997 c 338 s 8 are each amended to read as follows:
(1) This chapter shall be known and cited as the Juvenile Justice Act of 1977.
(2) It is the intent of the legislature that a system capable of having primary responsibility for, being accountable for, and responding to the needs of youthful offenders and their victims, as defined by this chapter, be established. It is the further intent of the legislature that youth, in turn, be held accountable for their offenses and that communities, families, and the juvenile courts carry out their functions consistent with this intent. To effectuate these policies, the legislature declares the following to be equally important purposes of this chapter:
(a) Protect the citizenry from criminal behavior;
(b) Provide for determining whether accused juveniles have committed offenses as defined by this chapter;
(c) Make the juvenile offender accountable for his or her criminal behavior;
(d) Provide for punishment commensurate with the age, crime, and criminal history of the juvenile offender;
(e) Provide due process for juveniles alleged to have committed an offense;
(f) Provide necessary treatment, supervision, and custody for juvenile offenders;
(g) Provide for the handling of juvenile offenders by communities whenever consistent with public safety;
(h) Provide for restitution to victims of crime;
(i) Develop effective standards and goals for the operation, funding, and evaluation of all components of the juvenile justice system and related services at the state and local levels;
(j) Provide for a clear policy to determine what types of offenders shall receive punishment, treatment, or both, and to determine the jurisdictional limitations of the courts, institutions, and community services; ((and))
(k) Provide opportunities for victim participation in court hearings on juvenile offender matters and ensure that Article I, section 35 of the Washington state Constitution, the victim bill of rights, is fully observed; and
(l) Encourage the parents, guardian, or custodian of the juvenile and the juvenile's victim, to the extent the victim is able to or chooses to, to actively participate in the juvenile justice process.
Sec. 2. RCW 13.40.020 and 2002 c 237 s 7 and 2002 c 175 s 19 are each reenacted and amended to read as follows:
For the purposes of this chapter:
(1) "Community-based rehabilitation" means one or more of the following: Employment; attendance of information classes; literacy classes; counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, education or outpatient treatment programs to prevent animal cruelty, or other services; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district. Placement in community-based rehabilitation programs is subject to available funds;
(2) Community-based sanctions may include one or more of the following:
(a) A fine, not to exceed five hundred dollars;
(b) Community restitution not to exceed one hundred fifty hours of community restitution;
(3) "Community restitution" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community restitution may be performed through public or private organizations or through work crews;
(4) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department or an order granting a deferred disposition. A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses. As a mandatory condition of any term of community supervision, the court shall order the juvenile to refrain from committing new offenses. As a mandatory condition of community supervision, the court shall order the juvenile to comply with the mandatory school attendance provisions of chapter 28A.225 RCW and to inform the school of the existence of this requirement. Community supervision is an individualized program comprised of one or more of the following:
(a) Community-based sanctions;
(b) Community-based rehabilitation;
(c) Monitoring and reporting requirements;
(d) Posting of a probation bond;
(5) "Confinement" means physical custody by the department of social and health services in a facility operated by or pursuant to a contract with the state, or physical custody in a detention facility operated by or pursuant to a contract with any county. The county may operate or contract with vendors to operate county detention facilities. The department may operate or contract to operate detention facilities for juveniles committed to the department. Pretrial confinement or confinement of less than thirty-one days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court;
(6) "Court," when used without further qualification, means the juvenile court judge(s) or commissioner(s);
(7) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense:
(a) The allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter; or
(b) The criminal complaint was diverted by a prosecutor pursuant to the provisions of this chapter on agreement of the respondent and after an advisement to the respondent that the criminal complaint would be considered as part of the respondent's criminal history. A successfully completed deferred adjudication that was entered before July 1, 1998, or a deferred disposition shall not be considered part of the respondent's criminal history;
(8) "Department" means the department of social and health services;
(9) "Detention facility" means a county facility, paid for by the county, for the physical confinement of a juvenile alleged to have committed an offense or an adjudicated offender subject to a disposition or modification order. "Detention facility" includes county group homes, inpatient substance abuse programs, juvenile basic training camps, and electronic monitoring;
(10) "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender, or any other person, community accountability board, youth court under the supervision of the juvenile court, or other entity except a law enforcement official or entity, with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to RCW 13.40.080, or any person, community accountability board, or other entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter. For purposes of this subsection, "community accountability board" means a board comprised of members of the local community in which the juvenile offender resides. The superior court shall appoint the members. The boards shall consist of at least three and not more than seven members. If possible, the board should include a variety of representatives from the community, such as a law enforcement officer, teacher or school administrator, high school student, parent, and business owner, and should represent the cultural diversity of the local community;
(11) "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care;
(12) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;
(13) "Intensive supervision program" means a parole program that requires intensive supervision and monitoring, offers an array of individualized treatment and transitional services, and emphasizes community involvement and support in order to reduce the likelihood a juvenile offender will commit further offenses;
(14) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years and who has not been previously transferred to adult court pursuant to RCW 13.40.110 or who is otherwise under adult court jurisdiction;
(15) "Juvenile offender" means any juvenile who has been found by the juvenile court to have committed an offense, including a person eighteen years of age or older over whom jurisdiction has been extended under RCW 13.40.300;
(16) "Local sanctions" means one or more of the following: (a) 0-30 days of confinement; (b) 0-12 months of community supervision; (c) 0-150 hours of community restitution; or (d) $0-$500 fine;
(17) "Manifest injustice" means a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of this chapter;
(18) "Monitoring and reporting requirements" means one or more of the following: Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the probation officer as directed and to remain under the probation officer's supervision; and other conditions or limitations as the court may require which may not include confinement;
(19) "Offense" means an act designated a violation or a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state;
(20) "Probation bond" means a bond, posted with sufficient security by a surety justified and approved by the court, to secure the offender's appearance at required court proceedings and compliance with court-ordered community supervision or conditions of release ordered pursuant to RCW 13.40.040 or 13.40.050. It also means a deposit of cash or posting of other collateral in lieu of a bond if approved by the court;
(21) "Respondent" means a juvenile who is alleged or proven to have committed an offense;
(22) "Restitution" means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, lost wages resulting from physical injury, and costs of the victim's counseling reasonably related to the offense ((if the offense is a sex offense)). Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender;
(23) "Secretary" means the secretary of the department of social and health services. "Assistant secretary" means the assistant secretary for juvenile rehabilitation for the department;
(24) "Services" means services which provide alternatives to incarceration for those juveniles who have pleaded or been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter;
(25) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;
(26) "Sexual motivation" means that one of the purposes for which the respondent committed the offense was for the purpose of his or her sexual gratification;
(27) "Surety" means an entity licensed under state insurance laws or by the state department of licensing, to write corporate, property, or probation bonds within the state, and justified and approved by the superior court of the county having jurisdiction of the case;
(28) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result or consequence of the crime charged. "Victim" may also include a known parent or guardian of a victim who is a minor child or is not a minor child but is incapacitated or incompetent;
(29) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration;
(((29))) (30) "Violent offense" means a violent offense as defined in RCW 9.94A.030;
(((30))) (31) "Youth court" means a diversion unit under the supervision of the juvenile court.
Sec. 3. RCW 13.40.080 and 2002 c 237 s 8 and 2002 c 175 s 21 are each reenacted and amended to read as follows:
(1) A diversion agreement shall be a contract between a juvenile accused of an offense and a diversion unit whereby the juvenile agrees to fulfill certain conditions in lieu of prosecution. Such agreements may be entered into only after the prosecutor, or probation counselor pursuant to this chapter, has determined that probable cause exists to believe that a crime has been committed and that the juvenile committed it. Such agreements shall be entered into as expeditiously as possible.
(2) A diversion agreement shall contain a provision for restitution, limited to the amount of easily ascertainable loss incurred by any victim. In addition, a diversion agreement shall be limited to one or more of the following:
(a) Community restitution not to exceed one hundred fifty hours, not to be performed during school hours if the juvenile is attending school;
(b) ((Restitution limited to the amount of actual loss incurred by any victim;
(c))) Attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions at a community agency. The educational or informational sessions may include sessions relating to respect for self, others, and authority; victim awareness; accountability; self-worth; responsibility; work ethics; good citizenship; literacy; and life skills. For purposes of this section, "community agency" may also mean a community-based nonprofit organization, if approved by the diversion unit. The state shall not be liable for costs resulting from the diversion unit exercising the option to permit diversion agreements to mandate attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions;
(((d))) (c) A fine, not to exceed one hundred dollars;
(((e))) (d) Requirements to remain during specified hours at home, school, or work, and restrictions on leaving or entering specified geographical areas; and
(((f))) (e) Upon request of any victim or witness, requirements to refrain from any contact with victims or witnesses of offenses committed by the juvenile.
(3) Notwithstanding the provisions of subsection (2) of this section, youth courts are not limited to the conditions imposed by subsection (2) of this section in imposing sanctions on juveniles pursuant to RCW 13.40.630.
(4) In assessing periods of community restitution to be performed and restitution to be paid by a juvenile who has entered into a diversion agreement, the court officer to whom this task is assigned shall consult with the juvenile's custodial parent or parents or guardian and shall advise the victims ((who have contacted the diversion unit)) of the juvenile offender of the diversion process and offer victim impact letter forms and restitution claim forms and, to the extent possible, shall involve members of the community. Such members of the community shall meet with the juvenile and advise the court officer as to the terms of the diversion agreement and shall supervise the juvenile in carrying out its terms.
(5)(a) A diversion agreement may not exceed a period of six months and may include a period extending beyond the eighteenth birthday of the divertee.
(b) If additional time is necessary for the juvenile to complete restitution to a victim, the time period limitations of this subsection may be extended by an additional six months.
(c) If the juvenile has not paid the full amount of restitution by the end of the additional six-month period, then the juvenile shall be referred to the juvenile court for entry of an order establishing the amount of restitution still owed to the victim. In this order, the court shall also determine the terms and conditions of the restitution, including a payment plan extending up to ten years if the court determines that the juvenile does not have the means to make full restitution over a shorter period. For the purposes of this subsection (5)(c), the juvenile shall remain under the court's jurisdiction for a maximum term of ten years after the juvenile's eighteenth birthday. Prior to the expiration of the initial ten-year period, the juvenile court may extend the judgment for restitution an additional ten years. The court may ((not require the juvenile)) relieve the juvenile of the requirement to pay full or partial restitution if the juvenile reasonably satisfies the court that he or she does not have the means to make full or partial restitution and could not reasonably acquire the means to pay the restitution over a ten-year period. If the court relieves the juvenile of the requirement to pay full or partial restitution, the court may order an amount of community restitution that the court deems appropriate. The county clerk shall make disbursements to victims named in the order. The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments. A juvenile under obligation to pay restitution may petition the court for modification of the restitution order.
(6) The juvenile shall retain the right to be referred to the court at any time prior to the signing of the diversion agreement.
(7) Divertees and potential divertees shall be afforded due process in all contacts with a diversion unit regardless of whether the juveniles are accepted for diversion or whether the diversion program is successfully completed. Such due process shall include, but not be limited to, the following:
(a) A written diversion agreement shall be executed stating all conditions in clearly understandable language;
(b) Violation of the terms of the agreement shall be the only grounds for termination;
(c) No divertee may be terminated from a diversion program without being given a court hearing, which hearing shall be preceded by:
(i) Written notice of alleged violations of the conditions of the diversion program; and
(ii) Disclosure of all evidence to be offered against the divertee;
(d) The hearing shall be conducted by the juvenile court and shall include:
(i) Opportunity to be heard in person and to present evidence;
(ii) The right to confront and cross-examine all adverse witnesses;
(iii) A written statement by the court as to the evidence relied on and the reasons for termination, should that be the decision; and
(iv) Demonstration by evidence that the divertee has substantially violated the terms of his or her diversion agreement.
(e) The prosecutor may file an information on the offense for which the divertee was diverted:
(i) In juvenile court if the divertee is under eighteen years of age; or
(ii) In superior court or the appropriate court of limited jurisdiction if the divertee is eighteen years of age or older.
(8) The diversion unit shall, subject to available funds, be responsible for providing interpreters when juveniles need interpreters to effectively communicate during diversion unit hearings or negotiations.
(9) The diversion unit shall be responsible for advising a divertee of his or her rights as provided in this chapter.
(10) The diversion unit may refer a juvenile to community-based counseling or treatment programs.
(11) The right to counsel shall inure prior to the initial interview for purposes of advising the juvenile as to whether he or she desires to participate in the diversion process or to appear in the juvenile court. The juvenile may be represented by counsel at any critical stage of the diversion process, including intake interviews and termination hearings. The juvenile shall be fully advised at the intake of his or her right to an attorney and of the relevant services an attorney can provide. For the purpose of this section, intake interviews mean all interviews regarding the diversion agreement process.
The juvenile shall be advised that a diversion agreement shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(7). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the diversion unit together with the diversion agreement, and a copy of both documents shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language.
(12) When a juvenile enters into a diversion agreement, the juvenile court may receive only the following information for dispositional purposes:
(a) The fact that a charge or charges were made;
(b) The fact that a diversion agreement was entered into;
(c) The juvenile's obligations under such agreement;
(d) Whether the alleged offender performed his or her obligations under such agreement; and
(e) The facts of the alleged offense.
(13) A diversion unit may refuse to enter into a diversion agreement with a juvenile. When a diversion unit refuses to enter a diversion agreement with a juvenile, it shall immediately refer such juvenile to the court for action and shall forward to the court the criminal complaint and a detailed statement of its reasons for refusing to enter into a diversion agreement. The diversion unit shall also immediately refer the case to the prosecuting attorney for action if such juvenile violates the terms of the diversion agreement.
(14) A diversion unit may, in instances where it determines that the act or omission of an act for which a juvenile has been referred to it involved no victim, or where it determines that the juvenile referred to it has no prior criminal history and is alleged to have committed an illegal act involving no threat of or instance of actual physical harm and involving not more than fifty dollars in property loss or damage and that there is no loss outstanding to the person or firm suffering such damage or loss, counsel and release or release such a juvenile without entering into a diversion agreement. A diversion unit's authority to counsel and release a juvenile under this subsection includes the authority to refer the juvenile to community-based counseling or treatment programs. Any juvenile released under this subsection shall be advised that the act or omission of any act for which he or she had been referred shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(7). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the unit, and a copy of the document shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language. A juvenile determined to be eligible by a diversion unit for release as provided in this subsection shall retain the same right to counsel and right to have his or her case referred to the court for formal action as any other juvenile referred to the unit.
(15) A diversion unit may supervise the fulfillment of a diversion agreement entered into before the juvenile's eighteenth birthday and which includes a period extending beyond the divertee's eighteenth birthday.
(16) If a fine required by a diversion agreement cannot reasonably be paid due to a change of circumstance, the diversion agreement may be modified at the request of the divertee and with the concurrence of the diversion unit to convert an unpaid fine into community restitution. The modification of the diversion agreement shall be in writing and signed by the divertee and the diversion unit. The number of hours of community restitution in lieu of a monetary penalty shall be converted at the rate of the prevailing state minimum wage per hour.
(17) Fines imposed under this section shall be collected and paid into the county general fund in accordance with procedures established by the juvenile court administrator under RCW 13.04.040 and may be used only for juvenile services. In the expenditure of funds for juvenile services, there shall be a maintenance of effort whereby counties exhaust existing resources before using amounts collected under this section.
Sec. 4. RCW 13.40.160 and 2003 c 378 s 3 and 2003 c 53 s 99 are each reenacted and amended to read as follows:
(1) The standard range disposition for a juvenile adjudicated of an offense is determined according to RCW 13.40.0357.
(a) When the court sentences an offender to a local sanction as provided in RCW 13.40.0357 option A, the court shall impose a determinate disposition within the standard ranges, except as provided in subsection (2), (3), (4), (5), or (6) of this section. The disposition may be comprised of one or more local sanctions.
(b) When the court sentences an offender to a standard range as provided in RCW 13.40.0357 option A that includes a term of confinement exceeding thirty days, commitment shall be to the department for the standard range of confinement, except as provided in subsection (2), (3), (4), (5), or (6) of this section.
(2) If the court concludes, and enters reasons for its conclusion, that disposition within the standard range would effectuate a manifest injustice the court shall impose a disposition outside the standard range, as indicated in option D of RCW 13.40.0357. The court's finding of manifest injustice shall be supported by clear and convincing evidence.
A disposition outside the standard range shall be determinate and shall be comprised of confinement or community supervision, or a combination thereof. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range. A disposition outside the standard range is appealable under RCW 13.40.230 by the state or the respondent. A disposition within the standard range is not appealable under RCW 13.40.230.
(3) When a juvenile offender is found to have committed a sex offense, other than a sex offense that is also a serious violent offense as defined by RCW 9.94A.030, and has no history of a prior sex offense, the court, on its own motion or the motion of the state or the respondent, may order an examination to determine whether the respondent is amenable to treatment.
The report of the examination shall include at a minimum the following: The respondent's version of the facts and the official version of the facts, the respondent's offense history, an assessment of problems in addition to alleged deviant behaviors, the respondent's social, educational, and employment situation, and other evaluation measures used. The report shall set forth the sources of the evaluator's information.
The examiner shall assess and report regarding the respondent's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:
(a)(i) Frequency and type of contact between the offender and therapist;
(ii) Specific issues to be addressed in the treatment and description of planned treatment modalities;
(iii) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;
(iv) Anticipated length of treatment; and
(v) Recommended crime-related prohibitions.
The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion. The defendant shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost.
After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this special sex offender disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section. If the court determines that this special sex offender disposition alternative is appropriate, then the court shall impose a determinate disposition within the standard range for the offense, or if the court concludes, and enters reasons for its conclusions, that such disposition would cause a manifest injustice, the court shall impose a disposition under option D, and the court may suspend the execution of the disposition and place the offender on community supervision for at least two years. As a condition of the suspended disposition, the court may impose the conditions of community supervision and other conditions, including up to thirty days of confinement and requirements that the offender do any one or more of the following:
(b)(i) Devote time to a specific education, employment, or occupation;
(ii) Undergo available outpatient sex offender treatment for up to two years, or inpatient sex offender treatment not to exceed the standard range of confinement for that offense. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The respondent shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the probation counselor, and the court, and shall not change providers without court approval after a hearing if the prosecutor or probation counselor object to the change;
(iii) Remain within prescribed geographical boundaries and notify the court or the probation counselor prior to any change in the offender's address, educational program, or employment;
(iv) Report to the prosecutor and the probation counselor prior to any change in a sex offender treatment provider. This change shall have prior approval by the court;
(v) Report as directed to the court and a probation counselor;
(vi) Pay all court-ordered legal financial obligations, perform community restitution, or any combination thereof;
(vii) Make restitution to the victim for the cost of any counseling reasonably related to the offense;
(viii) Comply with the conditions of any court-ordered probation bond; or
(ix) The court shall order that the offender ((may)) shall not attend the public or approved private elementary, middle, or high school attended by the victim or the victim's siblings. The parents or legal guardians of the offender are responsible for transportation or other costs associated with the offender's change of school that would otherwise be paid by the school district. The court shall send notice of the disposition and restriction on attending the same school as the victim or victim's siblings to the public or approved private school the juvenile will attend, if known, or if unknown, to the approved private schools and the public school district board of directors of the district in which the juvenile resides or intends to reside. This notice must be sent at the earliest possible date but not later than ten calendar days after entry of the disposition.
The sex offender treatment provider shall submit quarterly reports on the respondent's progress in treatment to the court and the parties. The reports shall reference the treatment plan and include at a minimum the following: Dates of attendance, respondent's compliance with requirements, treatment activities, the respondent's relative progress in treatment, and any other material specified by the court at the time of the disposition.
At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.
Except as provided in this subsection (3), after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW. A sex offender therapist who examines or treats a juvenile sex offender pursuant to this subsection does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that: (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (3) and the rules adopted by the department of health.
If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may revoke the suspension and order execution of the disposition or the court may impose a penalty of up to thirty days' confinement for violating conditions of the disposition. The court may order both execution of the disposition and up to thirty days' confinement for the violation of the conditions of the disposition. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.
For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged. "Victim" may also include a known parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.
A disposition entered under this subsection (3) is not appealable under RCW 13.40.230.
(4) 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 the disposition alternative under RCW 13.40.165.
(5) If a juvenile is subject to a commitment of 15 to 65 weeks of confinement, the court may impose the disposition alternative under RCW 13.40.--- (section 4, chapter 378, Laws of 2003).
(6) When the offender is subject to a standard range commitment of 15 to 36 weeks and is ineligible for a suspended disposition alternative, a manifest injustice disposition below the standard range, special sex offender disposition alternative, chemical dependency disposition alternative, or mental health disposition alternative, the court in a county with a pilot program under RCW 13.40.--- (section 5, chapter 378, Laws of 2003) may impose the disposition alternative under RCW 13.40.--- (section 5, chapter 378, Laws of 2003).
(7) RCW 13.40.193 shall govern the disposition of any juvenile adjudicated of possessing a firearm in violation of RCW 9.41.040(2)(a)(iii) or any crime in which a special finding is entered that the juvenile was armed with a firearm.
(8) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served.
(9) Except as provided under subsection (3), (4), (5), or (6) of this section, or option B of RCW 13.40.0357, or RCW 13.40.127, the court shall not suspend or defer the imposition or the execution of the disposition.
(10) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense.
Sec. 5. RCW 13.40.165 and 2003 c 378 s 6 are each amended to read as follows:
(1) The purpose of this disposition alternative is to ensure that successful treatment options to reduce recidivism are available to eligible youth, pursuant to RCW 70.96A.520. The court must consider eligibility for the chemical dependency disposition alternative when a 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, other than a first time B+ offense under chapter 69.50 RCW. The court, on its own motion or the motion of the state or the respondent if the evidence shows that the offender may be chemically dependent or substance abusing, may order an examination by a chemical dependency counselor from a chemical dependency treatment facility approved under chapter 70.96A RCW to determine if the youth is chemically dependent or substance abusing. The offender shall pay the cost of any examination ordered under this subsection unless the court finds that the offender is indigent and no third party insurance coverage is available, in which case the state shall pay the cost.
(2) The report of the examination shall include at a minimum the following: The respondent's version of the facts and the official version of the facts, the respondent's offense history, an assessment of drug-alcohol problems and previous treatment attempts, the respondent's social, educational, and employment situation, and other evaluation measures used. The report shall set forth the sources of the examiner's information.
(3) The examiner shall assess and report regarding the respondent's relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:
(a) Whether inpatient and/or outpatient treatment is recommended;
(b) Availability of appropriate treatment;
(c) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;
(d) Anticipated length of treatment; and
(e) Recommended crime-related prohibitions.
(4) The court on its own motion may order, or on a motion by the state or the respondent shall order, a second examination. The evaluator shall be selected by the party making the motion. The requesting party shall pay the cost of any examination ordered under this subsection unless the requesting party is the offender and the court finds that the offender is indigent and no third party insurance coverage is available, in which case the state shall pay the cost.
(5)(a) After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this chemical dependency disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section.
(b) If the court determines that this chemical dependency disposition alternative is appropriate, then the court shall impose the standard range for the offense, or if the court concludes, and enters reasons for its conclusion, that such disposition would effectuate a manifest injustice, the court shall impose a disposition above the standard range as indicated in option D of RCW 13.40.0357 if the disposition is an increase from the standard range and the confinement of the offender does not exceed a maximum of fifty-two weeks, suspend execution of the disposition, and place the offender on community supervision for up to one year. As a condition of the suspended disposition, the court shall require the offender to undergo available outpatient drug/alcohol treatment and/or inpatient drug/alcohol treatment. For purposes of this section, inpatient treatment may not exceed ninety days. As a condition of the suspended disposition, the court may impose conditions of community supervision and other sanctions, including up to thirty days of confinement, one hundred fifty hours of community restitution, and payment of legal financial obligations and restitution.
(6) The drug/alcohol treatment provider shall submit monthly reports on the respondent's progress in treatment to the court and the parties. The reports shall reference the treatment plan and include at a minimum the following: Dates of attendance, respondent's compliance with requirements, treatment activities, the respondent's relative progress in treatment, and any other material specified by the court at the time of the disposition.
At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.
If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may impose sanctions pursuant to RCW 13.40.200 or revoke the suspension and order execution of the disposition. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.
(7) For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of or consequence of the offense charged. "Victim" may also include a known parent or guardian of a victim who is a minor child or is not a minor child but is incapacitated, incompetent, disabled, or deceased.
(8) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served.
(9) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense.
(10) A disposition under this section is not appealable under RCW 13.40.230.
Sec. 6. RCW 13.40.190 and 1997 c 338 s 29 and 1997 c 121 s 9 are each reenacted and amended to read as follows:
(1) In its dispositional order, the court shall require the respondent to make restitution to any persons who have suffered loss or damage as a result of the offense committed by the respondent. In addition, restitution may be ordered for loss or damage if the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which, pursuant to a plea agreement, are not prosecuted. The payment of restitution shall be in addition to any punishment which is imposed pursuant to the other provisions of this chapter. The court may determine the amount, terms, and conditions of the restitution including a payment plan extending up to ten years if the court determines that the respondent does not have the means to make full restitution over a shorter period. Restitution may include the costs of counseling reasonably related to the offense. If the respondent participated in the crime with another person or other persons, all such participants shall be jointly and severally responsible for the payment of restitution. For the purposes of this section, the respondent shall remain under the court's jurisdiction for a maximum term of ten years after the respondent's eighteenth birthday. Prior to the expiration of the ten-year period, the juvenile court may extend the judgment for the payment of restitution for an additional ten years.
(2) Regardless of the provisions of subsection (1) of this section, the court shall order restitution in all cases where the victim is entitled to benefits under the crime victims' compensation act, chapter 7.68 RCW. If the court does not order restitution and the victim of the crime has been determined to be entitled to benefits under the crime victims' compensation act, the department of labor and industries, as administrator of the crime victims' compensation program, may petition the court within one year of entry of the disposition order for entry of a restitution order. Upon receipt of a petition from the department of labor and industries, the court shall hold a restitution hearing and shall enter a restitution order.
(3) If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order. The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments.
(4) A respondent under obligation to pay restitution may petition the court for modification of the restitution ((order)) payment schedule.
Sec. 7. RCW 13.40.200 and 2002 c 175 s 25 are each amended to read as follows:
(1) When a respondent fails to comply with an order of restitution, community supervision, penalty assessments, or confinement of less than thirty days, the court upon motion of the prosecutor or its own motion, may modify the order after a hearing on the violation.
(2) The hearing shall afford the respondent the same due process of law as would be afforded an adult probationer. The court may issue a summons or a warrant to compel the respondent's appearance. The state shall have the burden of proving by a preponderance of the evidence the fact of the violation. The respondent shall have the burden of showing that the violation was not a willful refusal to comply with the terms of the order. If a respondent has failed to pay a fine, penalty assessments, or restitution or to perform community restitution hours, as required by the court, it shall be the respondent's burden to show that he or she did not have the means and could not reasonably have acquired the means to pay the fine, penalty assessments, or restitution or perform community restitution.
(3) If the court finds that a respondent has willfully violated the terms of an order pursuant to subsections (1) and (2) of this section, it may impose a penalty of up to thirty days' confinement. Penalties for multiple violations occurring prior to the hearing shall not be aggregated to exceed thirty days' confinement. Regardless of the number of times a respondent is brought to court for violations of the terms of a single disposition order, the combined total number of days spent by the respondent in detention shall never exceed the maximum term to which an adult could be sentenced for the underlying offense.
(4) If a respondent has been ordered to pay a fine or monetary penalty and due to a change of circumstance cannot reasonably comply with the order, the court, upon motion of the respondent, may order that the unpaid fine or monetary penalty be converted to community restitution unless the monetary penalty is the crime victim penalty assessment, which cannot be converted, waived, or otherwise modified, except for schedule of payment. The number of hours of community restitution in lieu of a monetary penalty or fine shall be converted at the rate of the prevailing state minimum wage per hour. The monetary penalties or fines collected shall be deposited in the county general fund. A failure to comply with an order under this subsection shall be deemed a failure to comply with an order of community supervision and may be proceeded against as provided in this section.
(5) When a respondent has willfully violated the terms of a probation bond, the court may modify, revoke, or retain the probation bond as provided in RCW 13.40.054.
Sec. 8. RCW 7.69.030 and 1999 c 323 s 2 are each amended to read as follows:
There shall be a reasonable effort made to ensure that victims, survivors of victims, and witnesses of crimes have the following rights, which apply to any criminal court and/or juvenile court proceeding:
(1) With respect to victims of violent or sex crimes, to receive, at the time of reporting the crime to law enforcement officials, a written statement of the rights of crime victims as provided in this chapter. The written statement shall include the name, address, and telephone number of a county or local crime victim/witness program, if such a crime victim/witness program exists in the county;
(2) To be informed by local law enforcement agencies or the prosecuting attorney of the final disposition of the case in which the victim, survivor, or witness is involved;
(3) To be notified by the party who issued the subpoena that a court proceeding to which they have been subpoenaed will not occur as scheduled, in order to save the person an unnecessary trip to court;
(4) To receive protection from harm and threats of harm arising out of cooperation with law enforcement and prosecution efforts, and to be provided with information as to the level of protection available;
(5) To be informed of the procedure to be followed to apply for and receive any witness fees to which they are entitled;
(6) To be provided, whenever practical, a secure waiting area during court proceedings that does not require them to be in close proximity to defendants and families or friends of defendants;
(7) To have any stolen or other personal property expeditiously returned by law enforcement agencies or the superior court when no longer needed as evidence. When feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis, and property of which ownership is disputed, shall be photographed and returned to the owner within ten days of being taken;
(8) To be provided with appropriate employer intercession services to ensure that employers of victims, survivors of victims, and witnesses of crime will cooperate with the criminal justice process in order to minimize an employee's loss of pay and other benefits resulting from court appearance;
(9) To access to immediate medical assistance and not to be detained for an unreasonable length of time by a law enforcement agency before having such assistance administered. However, an employee of the law enforcement agency may, if necessary, accompany the person to a medical facility to question the person about the criminal incident if the questioning does not hinder the administration of medical assistance;
(10) With respect to victims of violent and sex crimes, to have a crime victim advocate from a crime victim/witness program, or any other support person of the victim's choosing, present at any prosecutorial or defense interviews with the victim, and at any judicial proceedings related to criminal acts committed against the victim. This subsection applies if practical and if the presence of the crime victim advocate does not cause any unnecessary delay in the investigation or prosecution of the case. The role of the crime victim advocate is to provide emotional support to the crime victim;
(11) With respect to victims and survivors of victims, to be physically present in court during trial, or if subpoenaed to testify, to be scheduled as early as practical in the proceedings in order to be physically present during trial after testifying and not to be excluded solely because they have testified;
(12) With respect to victims and survivors of victims, to be informed by the prosecuting attorney of the date, time, and place of the trial and of the sentencing hearing for felony convictions upon request by a victim or survivor;
(13) To submit a victim impact statement or report to the court, with the assistance of the prosecuting attorney if requested, which shall be included in all presentence reports and permanently included in the files and records accompanying the offender committed to the custody of a state agency or institution;
(14) With respect to victims and survivors of victims, to present a statement personally or by representation, at the sentencing hearing for felony convictions;
(15) With respect to victims and survivors of victims, to entry of an order of restitution by the court in all felony cases, even when the offender is sentenced to confinement, unless extraordinary circumstances exist which make restitution inappropriate in the court's judgment; and
(16) With respect to victims and survivors of victims, to present a statement in person, via audio or videotape, in writing or by representation at any hearing conducted regarding an application for pardon or commutation of sentence.
Sec. 9. RCW 7.69A.030 and 1997 c 283 s 2 are each amended to read as follows:
In addition to the rights of victims and witnesses provided for in RCW 7.69.030, there shall be every reasonable effort made by law enforcement agencies, prosecutors, and judges to assure that child victims and witnesses are afforded the rights enumerated in this section. Except as provided in RCW 7.69A.050 regarding child victims or child witnesses of violent crimes, sex crimes, or child abuse, the enumeration of rights shall not be construed to create substantive rights and duties, and the application of an enumerated right in an individual case is subject to the discretion of the law enforcement agency, prosecutor, or judge. Child victims and witnesses have the following rights, which apply to any criminal court and/or juvenile court proceeding:
(1) To have explained in language easily understood by the child, all legal proceedings and/or police investigations in which the child may be involved.
(2) With respect to child victims of sex or violent crimes or child abuse, to have a crime victim advocate from a crime victim/witness program, or any other support person of the victim's choosing, present at any prosecutorial or defense interviews with the child victim. This subsection applies if practical and if the presence of the crime victim advocate does not cause any unnecessary delay in the investigation or prosecution of the case. The role of the crime victim advocate is to provide emotional support to the child victim and to promote the child's feelings of security and safety.
(3) To be provided, whenever possible, a secure waiting area during court proceedings and to have an advocate or support person remain with the child prior to and during any court proceedings.
(4) To not have the names, addresses, nor photographs of the living child victim or witness disclosed by any law enforcement agency, prosecutor's office, or state agency without the permission of the child victim, child witness, parents, or legal guardians to anyone except another law enforcement agency, prosecutor, defense counsel, or private or governmental agency that provides services to the child victim or witness.
(5) To allow an advocate to make recommendations to the prosecuting attorney about the ability of the child to cooperate with prosecution and the potential effect of the proceedings on the child.
(6) To allow an advocate to provide information to the court concerning the child's ability to understand the nature of the proceedings.
(7) To be provided information or appropriate referrals to social service agencies to assist the child and/or the child's family with the emotional impact of the crime, the subsequent investigation, and judicial proceedings in which the child is involved.
(8) To allow an advocate to be present in court while the child testifies in order to provide emotional support to the child.
(9) To provide information to the court as to the need for the presence of other supportive persons at the court proceedings while the child testifies in order to promote the child's feelings of security and safety.
(10) To allow law enforcement agencies the opportunity to enlist the assistance of other professional personnel such as child protection services, victim advocates or prosecutorial staff trained in the interviewing of the child victim.
(11) With respect to child victims of violent or sex crimes or child abuse, to receive either directly or through the child's parent or guardian if appropriate, at the time of reporting the crime to law enforcement officials, a written statement of the rights of child victims as provided in this chapter. The written statement shall include the name, address, and telephone number of a county or local crime victim/witness program, if such a crime victim/witness program exists in the county.
Sec. 10. RCW 13.04.040 and 1995 c 312 s 40 are each amended to read as follows:
The administrator shall, in any county or judicial district in the state, appoint or designate one or more persons of good character to serve as probation counselors during the pleasure of the administrator. The probation counselor shall:
(1) Receive and examine referrals to the juvenile court for the purpose of considering the filing of a petition or information pursuant to chapter 13.32A or 13.34 RCW or RCW 13.40.070;
(2) Make recommendations to the court regarding the need for continued detention or shelter care of a child unless otherwise provided in this title;
(3) Arrange and supervise diversion agreements as provided in RCW 13.40.080, and ensure that the requirements of such agreements are met except as otherwise provided in this title;
(4) Prepare predisposition studies as required in RCW ((13.34.120 and)) 13.40.130, and be present at the disposition hearing to respond to questions regarding the predisposition study: PROVIDED, That such duties shall be performed by the department for cases relating to dependency or to the termination of a parent and child relationship which is filed by the department unless otherwise ordered by the court; and
(5) Supervise court orders of disposition to ensure that all requirements of the order are met.
All probation counselors shall possess all the powers conferred upon sheriffs and police officers to serve process and make arrests of juveniles under their supervision for the violation of any state law or county or city ordinance.
The administrator may, in any county or judicial district in the state, appoint one or more persons who shall have charge of detention rooms or houses of detention.
The probation counselors and persons appointed to have charge of detention facilities shall each receive compensation which shall be fixed by the legislative authority of the county, or in cases of joint counties, judicial districts of more than one county, or joint judicial districts such sums as shall be agreed upon by the legislative authorities of the counties affected, and such persons shall be paid as other county officers are paid.
The administrator is hereby authorized, and to the extent possible is encouraged to, contract with private agencies existing within the community for the provision of services to youthful offenders and youth who have entered into diversion agreements pursuant to RCW 13.40.080.
The administrator shall establish procedures for the collection of fines assessed under RCW 13.40.080 (2)(((d) and (13))) (c) and (14) and for the payment of the fines into the county general fund.
NEW SECTION. Sec. 11. This act takes effect July 1, 2004."
Senator Hargrove spoke in favor of the striking amendment.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Hargrove and Stevens to Substitute Senate Bill No. 6472.
The motion by Senator Hargrove carried and the striking amendment was adopted by voice vote.
There being no objection, the following title amendment was adopted:
On page 1, line 1 of the title, after "crime;" strike the remainder of the title and insert "amending RCW 13.40.010, 13.40.165, 13.40.200, 7.69.030, 7.69A.030, and 13.04.040; reenacting and amending RCW 13.40.020, 13.40.080, 13.40.160, and 13.40.190; and providing an effective date."
MOTION
On motion of Senator Hargrove, the rules were suspended, Engrossed Substitute Senate Bill No. 6472 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Hargrove spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6472.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6472 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 48.
Excused: Senator Thibaudeau - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6472, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6502, by Senators Deccio, Thibaudeau and Winsley
Developing a schedule of fees for performing independent reviews of health care disputes.
The bill was read the second time.
MOTION
On motion of Senator Deccio, the rules were suspended, Senate Bill No. 6502 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Deccio and Franklin spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Senate Bill No. 6502.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6502 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 47.
Voting nay: Senator Kline - 1.
Excused: Senator Thibaudeau - 1.
SENATE BILL NO. 6502, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6144, by Senators Morton and Deccio
Developing a statewide plan to address forest health.
MOTIONS
On motion of Senator Morton, Second Substitute Senate Bill No. 6144 was substituted for Senate Bill No. 6144 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Morton, the rules were suspended, Second Substitute Senate Bill No. 6144 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Morton and Fraser spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Second Substitute Senate Bill No. 6144.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6144 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 48.
Excused: Senator Thibaudeau - 1.
SECOND SUBSTITUTE SENATE BILL NO. 6144, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6466, by Senator Fairley
Regarding the admission of residents to nursing facilities.
MOTIONS
On motion of Senator Fairley, Substitute Senate Bill No. 6466 was substituted for Senate Bill No. 6466 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Fairley, the rules were suspended, Substitute Senate Bill No. 6466 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Fairley spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6466.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6466 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 48.
Excused: Senator Thibaudeau - 1.
SUBSTITUTE SENATE BILL NO. 6466, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6259, by Senators Schmidt, Poulsen, Esser, Prentice and Eide
Extending the restriction on local government taxation of internet services.
The bill was read the second time.
MOTION
On motion of Senator Schmidt, the rules were suspended, Senate Bill No. 6259 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Schmidt spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Senate Bill No. 6259.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6259 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 47.
Voting nay: Senator Kline - 1.
Excused: Senator Thibaudeau - 1.
SENATE BILL NO. 6259, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6619, by Senators Honeyford, Jacobsen, Haugen, Winsley, Kohl-Welles and Oke; by request of Office of Financial Management
Enhancing fiscal impact statements for ballot measures.
MOTIONS
On motion of Senator Honeyford, Substitute Senate Bill No. 6619 was substituted for Senate Bill No. 6619 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Honeyford, the rules were suspended, Substitute Senate Bill No. 6619 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Honeyford spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6619.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6619 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 48.
Excused: Senator Thibaudeau - 1.
SUBSTITUTE SENATE BILL NO. 6619, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6220, by Senators Kohl-Welles, Johnson, McAuliffe, Esser, Winsley, T. Sheldon, Rasmussen, Kline and Keiser
Regarding school employee duty to report suspected child abuse or neglect.
MOTIONS
On motion of Senator Johnson, Second Substitute Senate Bill No. 6220 was substituted for Senate Bill No. 6220 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Johnson, the rules were suspended, Second Substitute Senate Bill No. 6220 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Kohl-Welles, Benton and McAuliffe spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Second Substitute Senate Bill No. 6220.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6220 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 48.
Excused: Senator Thibaudeau - 1.
SECOND SUBSTITUTE SENATE BILL NO. 6220, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6419, by Senators Roach, Kastama, McAuliffe, Oke and Winsley; by request of Secretary of State
Implementing the Help America Vote Act.
MOTIONS
On motion of Senator Esser, Substitute Senate Bill No. 6419 was substituted for Senate Bill No. 6419 and the substitute bill was placed on second reading and read the second time.
Senators Roach and Kastama spoke in favor of the substitute bill.
On motion of Senator Roach, the rules were suspended, Substitute Senate Bill No. 6419 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 final passage of Substitute Senate Bill No. 6419.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6419 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Stevens, Swecker, Winsley and Zarelli - 47.
Voting nay: Senator Spanel - 1.
Excused: Senator Thibaudeau - 1.
SUBSTITUTE SENATE BILL NO. 6419, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6481, by Senators Hewitt, Jacobsen, Deccio, Rasmussen and Honeyford
Governing class 1 racing associations' authority to participate in parimutuel wagering.
MOTIONS
On motion of Senator Hewitt, Substitute Senate Bill No. 6481 was substituted for Senate Bill No. 6481 and the substitute bill was placed on second reading and read the second time.
MOTION
Senator Rasmussen moved that the following amendment by Senators Rasmussen and Hewitt be adopted:
On page 3, beginning on line 11, after "state" strike everything through "However" on line 13 and insert "; however"
Senators Rasmussen and Hewitt spoke in favor of the amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senators Rasmussen and Hewitt on page 3, beginning on line 11 to Substitute Senate Bill No. 6481.
The motion by Senator Rasmussen carried and the amendment was adopted by voice vote.
MOTION
On motion of Senator Hewitt, the rules were suspended, Engrossed Substitute Senate Bill No. 6481 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Swecker: “ Mr. President, should Engrossed Substitute Senate Bill No. 6481 require a sixty percent majority to pass? I have a number of arguments why this should be the case. Is it appropriate to give you those? In the past you’ve ruled that expansion of gambling requires a sixty percent majority to pass. Such an example, in 2001, a sixty percent vote was required both Substitute Senate Bill No. 5507 and Engrossed Substitute House Bill No. 1571 to remove the statutory restrictions on the number of simulcast races that could be imported to horse race tracks each race day. I have a number of other cites, but in addition to that ruling, this bill expands the locations from which people may gamble; increases the means by which they can gamble that is through electronic means. It removes many of the safe guards that exist now that occur at current gambling locations such as; protections against toxications; protections against habitual gamblers; and other kind of safe guards that exist that would be removed by this legislation. For those reasons, I believe that’s a significant expansion of gambling and should require sixty percent majority to pass and I would be happy to submit the other arguments in writing if that’s appropriate.”
President Owen: “The President believes that there are a number of components to this bill and would need a little time to review it.”
MOTION
On motion of Senator Esser, further consideration of Engrossed Substitute Senate Bill No. 6481 was deferred and the bill hold it's place on the third reading calendar.
President Pro Tempore assumed the chair.
SECOND READING
SENATE BILL NO. 6177, by Senators Eide, Brandland and Winsley
Increasing penalties for criminal impersonation.
The bill was read the second time.
MOTION
On motion of Senator Eide, the rules were suspended, Senate Bill No. 6177 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Eide and McCaslin spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Senate Bill No. 6177.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6177 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 48.
Excused: Senator Thibaudeau - 1.
SENATE BILL NO. 6177, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6680, by Senators Horn, Haugen, Esser, Spanel, Swecker, Oke, Prentice and Shin
Improving freight mobility.
MOTION
On motion of Senator Horn, Substitute Senate Bill No. 6680 was substituted for Senate Bill No. 6680 and the substitute bill was placed on second reading and read the second time.
MOTION
Senator Horn moved that the following amendment by Senator Horn be adopted:
On page 2, line 17, after "board" strike everything through "policy." on line 18 and insert ". Projects so identified by the freight mobility strategic investment board must receive no less than two-thirds of the total points or weight that may be assigned under this criteria."
Senator Horn spoke in favor of adoption of the amendment.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senator Horn on page 2, line 17 to Substitute Senate Bill No. 6680.
The motion by Senator Horn carried and the amendment was adopted by voice vote.
MOTION
Senator Haugen moved that the following amendment by Senators Haugen and Horn be adopted:
Beginning on page 10, line 14, strike all of section 6.
Senators Haugen and Horn spoke in favor of adoption of the amendment.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senators Haugen and Horn beginning on page 10, line 14 to Substitute Senate Bill No. 6680.
The motion by Senators Haugen and Horn carried and the amendment was adopted by voice vote.
There being no objection, the following title amendment was adopted:
In line 1 of the title, after "RCW" strike "47.26.121, 47.26.084," and insert "47.26.084"
MOTION
On motion of Senator Horn, the rules were suspended, Engrossed Substitute Senate Bill No. 6680 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Horn and Haugen spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6680.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6680 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 48.
Excused: Senator Thibaudeau - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6680, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6701, by Senators Horn and Haugen
Distributing SAFETEA funds.
MOTIONS
On motion of Senator Horn, Substitute Senate Bill No. 6701 was substituted for Senate Bill No. 6701 and the substitute bill was placed on second reading and read the second time.
MOTION
Senator Horn moved that the following amendment by Senator Horn be adopted:
On page 2, line 18, after "board" strike everything through "policy;" on line 19 and insert ". Projects so identified by the freight mobility strategic investment board must receive no less than two-thirds of the total points or weight that may be assigned under this criteria;"
Senator Horn spoke in favor of adoption of the amendment.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senator Horn on page 2, line 18 to Substitute Senate Bill No. 6701.
The motion by Senator Horn carried and the amendment was adopted by voice vote.
MOTION
On motion of Senator Horn, the rules were suspended, Engrossed Substitute Senate Bill No. 6701 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Horn and Haugen spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6701.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6701 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 47.
Absent: Senator Kline - 1.
Excused: Senator Thibaudeau - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6701, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Doumit, Senator Kline was excused.
SECOND READING
SENATE BILL NO. 5431, by Senators Oke, Prentice, Horn, Haugen and Rasmussen; by request of Department of Licensing
Updating laws on drugs and alcohol use by commercial drivers.
MOTIONS
On motion of Senator Oke, Substitute Senate Bill No. 5431 was substituted for Senate Bill No. 5431 and the substitute bill was placed on second reading and read the second time.
MOTION
Senator Oke moved that the following amendment by Senators Oke and Haugen be adopted:
0n page 5, line 7, after "the department." insert the following:
"If the employer is required to have a testing program under 49 C.F.R. 655, a report of a verified positive drug test or positive alcohol confirmation test must not be forwarded to the department under this subsection unless the test is a pre-employment drug test conducted under 49 C.F.R. 655.41 or a pre-employment alcohol test conducted under 49 C.F.R. 655.42."
On page 5, line 8, after "(2)" insert "(a)"
On page 5, line 16, after "the department." insert the following:
"(b) An employer who is required to have a testing program under 49 C.F.R. 655 must report a commercial motor vehicle driver's verified positive drug test or a positive alcohol confirmation test if the driver's employment has been terminated and any grievance process that may have been invoked has been concluded."
Senators Oke and Haugen spoke in favor of adoption of the amendment.
Senator Benton: “Would the gentle lady from the 10th yield to a question? Thank you Senator Haugen. The way I read this amendment I’m a little concerned about it and maybe it’s just written wrong but in the effect section it says clearly that they can only report a positive alcohol or drug test for transit drivers where the test is pre-employment testing. Well, they’re not driving a bus and carrying citizens and passengers if it’s a pre-employment test. It goes on to say for all other positive drug test the employer can not report the test until after the employment’s been terminated. That’s a little confusing to me, maybe its just the way it’s written but the way I read this, correct me if I’m wrong, if a driver is found to have been using drugs through a test and they’re currently a driver they’re not required to report that to the department. It’s only when they’re applying for a job and they’re found abusing drugs that they’re required to report that to the department. Why wouldn’t we report to the department if they were an actual driver I guess is my question? I’m just reading this wrong, did they get the effect statement wrong in this?”
Senator Haugen: “No, you’re not reading it wrong. Testimony in committee was is that most transit agencies have when somebody has a problem they’re allowed to go into treatment and if they have a certain amount of time and if they have proven they have been rehabilitated they can get their job back. That was a concern that was raised in committee. The people felt like even if you have this red flag you’re going to immediately lose your job. Certainly if this person is not successful in treatment they would get their job, but this is just people who are applying for the job and they are turned down because the transit agency isn’t going to hire them and they are turned down. Then, that information is made available so that other people that they go to apply for a job know that they have been turned down because of drug or alcohol. This is what we did last year for the trucking industry. This is exactly, we’re just making it exactly like we did last year for the trucking industry. I do think this solves the problem.”
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senators Oke and Haugen on page 5, line 7 to Substitute Senate Bill No. 5431.
The motion by Senator Oke carried and the amendment was adopted by voice vote.
MOTION
On motion of Senator Oke, the rules were suspended, Engrossed Substitute Senate Bill No. 5431 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Oke, Haugen and Jacobsen spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5431.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5431 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 9; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, Kastama, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Prentice, Rasmussen, Roach, Schmidt, Sheahan, Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 39.
Voting nay: Senators Berkey, Brown, Jacobsen, Keiser, Kline, Kohl-Welles, Poulsen, Regala and Sheldon, B. - 9.
Excused: Senator Thibaudeau - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5431, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
The President assumed the chair.
SECOND READING
SENATE BILL NO. 6270, by Senators Esser, Haugen, Sheahan and Kline
Revising provisions relating to attorneys' liens.
MOTIONS
On motion of Senator Esser, Substitute Senate Bill No. 6270 was substituted for Senate Bill No. 6270 and the substitute bill was placed on second reading and read the second time.
MOTION
Senator Esser moved that the following amendment by Senators Esser and Kline be adopted:
On page 2, line 35, after "action." insert "Once proceeds come into the possession of a client, such as through payment by an opposing party or another person or by distribution from the attorney's trust account or registry of the court, the term "proceeds" is limited to identifiable cash proceeds determined in accordance with RCW 62A.9A-315(b)(2). The attorney's lien continues in such identifiable cash proceeds, subject to the rights of a secured party under RCW 62A.9A-327 or a transferee under RCW 62A.9A-332."
Senator Esser spoke in favor of adoption of the amendments.
The President declared the question before the Senate to be the adoption of the amendment by Senators Esser and Kline on page 2, line 35 to Substitute Senate Bill No. 6270.
The motion by Senator Esser carried and the amendment was adopted by voice vote.
MOTION
On motion of Senator Esser, the rules were suspended, Engrossed Substitute Senate Bill No. 6270 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Esser and Brandland spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6270.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6270 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 47.
Voting nay: Senator Honeyford - 1.
Excused: Senator Thibaudeau - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6270, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5877, by Senators Johnson, McAuliffe, Kohl-Welles and Rasmussen; by request of Governor Locke
Changing the learning assistance program.
MOTIONS
On motion of Senator Johnson, Substitute Senate Bill No. 5877 was substituted for Senate Bill No. 5877 and the substitute bill was placed on second reading and read the second time.
MOTION
Senator Johnson moved that the following striking amendment by Senator Johnson be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. PURPOSE. The learning assistance program requirements in this chapter are designed to: (1) Promote the use of assessment data when developing programs to assist underachieving students; and (2) guide school districts when implementing programs to assist underachieving students. Districts are encouraged to place special emphasis on addressing the needs of students in the early grades. Further, this chapter provides the means by which a school district becomes eligible for learning assistance program funds and the distribution of those funds.
NEW SECTION. Sec. 2. DEFINITIONS. Unless the context clearly indicates otherwise the definitions in this section apply throughout this chapter.
(1) "Approved program" means a program submitted to and approved by the office of the superintendent of public instruction and conducted pursuant to the plan that addresses the required elements as provided for in this chapter.
(2) "Basic skills areas" means reading, writing, and mathematics as well as readiness associated with these skills.
(3) "Participating student" means a student in kindergarten through grade eleven who scores below standard for his or her grade level on the statewide assessments and who is identified in the approved plan to receive services. Beginning with the 2007-2008 school year, "participating student" means a student in kindergarten through grade twelve who scores below standard for his or her grade level on the statewide assessments and who is identified in the approved plan to receive services.
(4) "Statewide assessments" means statewide tests at the third grade level established pursuant to RCW 28A.230.190, sixth grade level established pursuant to RCW 28A.230.193, and ninth grade level established pursuant to RCW 28A.230.230 and the Washington assessment of student learning pursuant to chapter 28A.655 RCW in the other relevant grades.
(5) "Underachieving students" means students with the greatest academic deficits in basic skills as identified by the statewide assessments.
NEW SECTION. Sec. 3. PROGRAM PLAN. By July 1st of each year, a participating school district shall submit the district's plan for using learning assistance funds to the office of the superintendent of public instruction for approval. For the 2004-05 school year, school districts must identify the program activities to be implemented from section 4 of this act and are encouraged to implement the elements in subsections (1) through (8) of this section. Beginning in the 2005-06 school year, the program plan must identify the program activities to be implemented from section 4 of this act and implement all of the elements in subsections (1) through (8) of this section. The school district plan shall include the following:
(1) District and school-level data on reading, writing, and mathematics achievement as reported pursuant to chapter 28A.655 RCW and relevant federal law;
(2) Processes used for identifying the underachieving students to be served by the program, including the identification of school or program sites providing program activities;
(3) How accelerated learning plans are developed and implemented for participating students. Accelerated learning plans may be developed as part of existing student achievement plan process such as student plans for achieving state high school graduation standards, individual student academic plans, or the achievement plans for groups of students. Accelerated learning plans shall include:
(a) Achievement goals for the students;
(b) Roles of the student, parents, or guardians and teachers in the plan;
(c) Communication procedures regarding student accomplishment; and
(d) Plan reviews and adjustments processes;
(4) How state level and classroom assessments are used to inform instruction;
(5) How focused and intentional instructional strategies have been identified and implemented;
(6) How highly qualified instructional staff are developed and supported in the program and in participating schools;
(7) How other federal, state, district, and school resources are coordinated with school improvement plans and the district's strategic plan to support underachieving students; and
(8) How a program evaluation will be conducted to determine direction for the following school year.
NEW SECTION. Sec. 4. PROGRAM ACTIVITIES. Use of best practices magnifies the opportunities for student success. The following are services and activities that may be supported by the learning assistance program:
(1) Extended learning time opportunities occurring:
(a) Before or after the regular school day;
(b) On Saturday; and
(c) Beyond the regular school year;
(2) Professional development for certificated and classified staff that focuses on:
(a) The needs of the student population;
(b) Specific literacy and mathematics content and instructional strategies; and
(c) The use of student work to guide effective instruction;
(3) Consultant teachers to assist in implementing effective instructional practices by teachers serving participating students;
(4) Tutoring support for participating students; and
(5) Outreach activities and support for parents of participating students.
NEW SECTION. Sec. 5. PLAN APPROVAL PROCESS. A participating school district shall annually submit a program plan to the office of the superintendent of public instruction for approval. The program plan must address all of the elements in section 3 of this act and identify the program activities to be implemented from section 4 of this act.
School districts achieving state reading and mathematics goals as prescribed in chapter 28A.655 RCW shall have their program approved once the program plan and activities submittal is completed.
School districts not achieving state reading and mathematics goals as prescribed in chapter 28A.655 RCW and that are not in a state or federal program of school improvement shall be subject to program approval once the plan components are reviewed by the office of the superintendent of public instruction for the purpose of receiving technical assistance in the final development of the plan.
School districts with one or more schools in a state or federal program of school improvement shall have their plans and activities reviewed and approved in conjunction with the state or federal program school improvement program requirements.
NEW SECTION. Sec. 6. FUNDS--ELIGIBILITY--DISTRIBUTION. Each school district with an approved program is eligible for state funds provided for the learning assistance program. The funds shall be appropriated for the learning assistance program in accordance with the biennial appropriations act. The distribution formula is for school district allocation purposes only. The distribution formula shall be based upon an assessment of students and on one or more family income factors measuring economic need.
NEW SECTION. Sec. 7. MONITORING. To ensure that school districts are meeting the requirements of an approved program, the superintendent of public instruction shall monitor such programs no less than once every four years. Individual student records shall be maintained at the school district.
NEW SECTION. Sec. 8. RULES. The superintendent of public instruction shall adopt rules in accordance with chapter 34.05 RCW that are necessary to implement this chapter.
NEW SECTION. Sec. 9. CAPTIONS NOT LAW. Captions used in this act are not any part of the law.
NEW SECTION. Sec. 10. The following acts or parts of acts are each repealed:
(1) RCW 28A.165.010 (Intent) and 1989 c 233 s 1 & 1987 c 478 s 1;
(2) RCW 28A.165.012 (Program created) and 1987 c 478 s 2;
(3) RCW 28A.165.030 (Definitions) and 1999 c 78 s 1, 1990 c 33 s 148, & 1987 c 478 s 3;
(4) RCW 28A.165.040 (Application for state funds--Needs assessment--Plan) and 1990 c 33 s 149, 1989 c 233 s 2, & 1987 c 478 s 4;
(5) RCW 28A.165.050 (Identification of students--Coordination of use of funds) and 1987 c 478 s 5;
(6) RCW 28A.165.060 (Services or activities under program) and 1989 c 233 s 3 & 1987 c 478 s 6;
(7) RCW 28A.165.070 (Eligibility for funds--Distribution of funds--Development of allocation formula) and 1995 1st sp.s. c 13 s 1, 1993 sp.s. c 24 s 520, 1990 c 33 s 150, & 1987 c 478 s 7;
(8) RCW 28A.165.080 (Monitoring) and 1990 c 33 s 151 & 1987 c 478 s 8; and
(9) RCW 28A.165.090 (Rules) and 1990 c 33 s 152 & 1987 c 478 s 9.
NEW SECTION. Sec. 11. Sections 1 through 9 of this act are each added to chapter 28A.165 RCW."
Senator Johnson spoke in favor of the striking amendment.
Senator Johnson: “I’d like to make a parliamentary inquiry if I may Mr. President? There is on the desk of the members another striking amendment. Is it not the case, that if this amendment should pass, that one then is removed and if it doesn’t then we go to that amendment and consider that one?”
REPLY BY THE PRESIDENT
President Owen: “That is correct Senator.”
Senator Brown: “A point of parliamentary inquiry. May I redraft my amendment as an amendment to the amendment, so that it may be considered on the floor of the Senate?”
MOTION
On motion of Senator Esser, further consideration of Substitute Senate Bill No. 5877 be deferred and the bill held it's place on the second reading calendar.
MOTION
On motion of Senator Esser, the Senate advanced to the seventh order of business.
THIRD READING
ENGROSSED SUBSTITUTE SENATE BILL NO. 5150, by Senate Committee on Government Operations & Elections (originally sponsored by Senators Benton, Roach and Stevens)
Providing for the election of library trustees. Revised for 1st Substitute: Providing for election of library trustees.
The bill was read on Third Reading.
Senators Benton, Hargrove and Swecker spoke in favor of passage of the bill.
Senators Kastama, Fraser and Haugen spoke against passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5150.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5150 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 23; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Deccio, Esser, Finkbeiner, Hale, Hargrove, Hewitt, Honeyford, Horn, Johnson, Keiser, McCaslin, Morton, Mulliken, Murray, Oke, Pflug, Roach, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker and Zarelli - 25.
Voting nay: Senators Berkey, Brown, Carlson, Doumit, Eide, Fairley, Franklin, Fraser, Haugen, Jacobsen, Kastama, Kline, Kohl-Welles, McAuliffe, Parlette, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Spanel and Winsley - 23.
Excused: Senator Thibaudeau - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5150, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
President Owen: “In ruling upon the point of order by Senator Swecker that Engrossed Substitute Senate Bill No. 6481 is an expansion of gambling which requires a sixty percent vote, the President finds and rules as follows:
Both Article II, Section 24 of the Washington Constitution and Senate precedent require that a sixty percent majority vote is necessary to expand incidences of gambling permitted by Washington law. Section 2 of the bill removes two significant restrictions on wagering on imported simulcast racing. First, the measure removes the restriction limiting such wagering to only fourteen hours per day; and second, the measure removes the limitation restricting such simulcasts to essentially one per day. Effectively, this expands the incidences of such wagering allowed and therefore constitutes an expansion of gambling requiring a sixty percent vote of this body on final passage in order to be enacted.
The President believes that so ruling on these points suffices to determine the votes needed for passage and therefore the President does not reach, and specifically reserves for future consideration as presented in other measures, whether or not issues raised by the remainder of the bill do or do not constitute an expansion of gambling requiring a super-majority vote.”
There being no objection, the Senate resumed consideration of Engrossed Substitute Senate Bill No. 6481.
Senators Hargrove, Swecker, Franklin, Prentice and Haugen spoke against passage of the bill.
Senators Jacobsen, Keiser, Hewitt, Oke, Rasmussen, Honeyford, Deccio and Kline spoke in favor of passage of the bill.
Senator Pflug: “A point of inquiry. Does this sixty percent requirement mean that sixty percent of the members must speak on the bill.”
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6481.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6481 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 10; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, Brandland, Deccio, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Franklin, Hale, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McCaslin, Morton, Mulliken, Murray, Parlette, Pflug, Poulsen, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Winsley and Zarelli - 38.
Voting nay: Senators Brown, Fairley, Fraser, Hargrove, Haugen, McAuliffe, Oke, Prentice, Stevens and Swecker - 10.
Excused: Senator Thibaudeau - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6481, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5590, by Senators Morton, Fraser, Honeyford, Hewitt, Doumit and Regala; by request of Environmental Hearings Office
Determining the appeals period for certain environmental appeals.
MOTIONS
On motion of Senator Morton, Substitute Senate Bill No. 5590 was substituted for Senate Bill No. 5590 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Morton, the rules were suspended, Substitute Senate Bill No. 5590 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Morton and Fraser spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5590.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5590 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 48.
Excused: Senator Thibaudeau - 1.
SUBSTITUTE SENATE BILL NO. 5590, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Esser, the Senate resumed consideration of Substitute Senate Bill No. 5877.
MOTION
Senator Brown moved that the following amendment to the striking amendment by Senator Brown be adopted:
On page 1, line 6, of the amendment, after "students;" strike the remainder of the amendment and insert: "and (2) guide school districts in providing the most effective and efficient practices when implementing programs to assist underachieving students. Further, this chapter provides the means by which a school district becomes eligible for learning assistance program funds and the distribution of those funds.
NEW SECTION. Sec. 2 DEFINITIONS. Unless the context clearly indicates otherwise the definitions in this section apply throughout this chapter.
(1) "Approved program" means a program submitted to and approved by the office of the superintendent of public instruction and conducted pursuant to the plan that addresses the required elements as provided for in this chapter.
(2) "Basic skills areas" means reading, writing, and mathematics as well as readiness associated with these skills.
(3) "Participating student" means a student in kindergarten through grade eleven who scores below standard for his or her grade level on the statewide assessments and who is identified in the approved plan to receive services. Beginning with the 2007-2008 school year, "participating student" means a student in kindergarten through grade twelve who scores below standard for his or her grade level on the statewide assessments and who is identified in the approved plan to receive services.
(4) "Statewide assessments" means one or more of the several basic skills assessments administered as part of the state's student assessment system, and assessments in the basic skills areas administered by local school districts.
(5) "Underachieving students" means students with the greatest academic deficits in basic skills as identified by the statewide assessments.
NEW SECTION. Sec. 3 PROGRAM PLAN. By July 1st of each year, a participating school district shall submit the district's plan for using learning assistance funds to the office of the superintendent of public instruction for approval. For the 2004-05 school year, school districts must identify the program activities to be implemented from section 4 of this act and are encouraged to implement the elements in subsections (1) through (8) of this section. Beginning in the 2005-06 school year, the program plan must identify the program activities to be implemented from section 4 of this act and implement all of the elements in subsections (1) through (8) of this section. The school district plan shall include the following:
(1) District and school-level data on reading, writing, and mathematics achievement as reported pursuant to chapter 28A.655 RCW and relevant federal law;
(2) Processes used for identifying the underachieving students to be served by the program, including the identification of school or program sites providing program activities;
(3) How accelerated learning plans are developed and implemented for participating students. Accelerated learning plans may be developed as part of existing student achievement plan process such as student plans for achieving state high school graduation standards, individual student academic plans, or the achievement plans for groups of students. Accelerated learning plans shall include:
(a) Achievement goals for the students;
(b) Roles of the student, parents, or guardians and teachers in the plan;
(c) Communication procedures regarding student accomplishment; and
(d) Plan reviews and adjustments processes;
(4) How state level and classroom assessments are used to inform instruction;
(5) How focused and intentional instructional strategies have been identified and implemented;
(6) How highly qualified instructional staff are developed and supported in the program and in participating schools;
(7) How other federal, state, district, and school resources are coordinated with school improvement plans and the district's strategic plan to support underachieving students; and
(8) How a program evaluation will be conducted to determine direction for the following school year.
NEW SECTION. Sec. 4 PROGRAM ACTIVITIES. Use of best practices magnifies the opportunities for student success. The following are services and activities that may be supported by the learning assistance program:
(1) Extended learning time opportunities occurring:
(a) Before or after the regular school day;
(b) On Saturday; and
(c) Beyond the regular school year;
(2) Professional development for certificated and classified staff that focuses on:
(a) The needs of a diverse student population;
(b) Specific literacy and mathematics content and instructional strategies; and
(c) The use of student work to guide effective instruction;
(3) Consultant teachers to assist in implementing effective instructional practices by teachers serving participating students;
(4) Tutoring support for participating students; and
(5) Outreach activities and support for parents of participating students.
NEW SECTION. Sec. 5. PLAN APPROVAL PROCESS. A participating school district shall annually submit a program plan to the office of the superintendent of public instruction for approval. The program plan must address all of the elements in section 3 of this act and identify the program activities to be implemented from section 4 of this act.
School districts achieving state reading and mathematics goals as prescribed in chapter 28A.655 RCW shall have their program approved once the program plan and activities submittal is completed.
School districts not achieving state reading and mathematics goals as prescribed in chapter 28A.655 RCW and that are not in a state or federal program of school improvement shall be subject to program approval once the plan components are reviewed by the office of the superintendent of public instruction for the purpose of receiving technical assistance in the final development of the plan.
School districts with one or more schools in a state or federal program of school improvement shall have their plans and activities reviewed and approved in conjunction with the state or federal program school improvement program requirements.
NEW SECTION. Sec. 6. FUNDS--ELIGIBILITY--DISTRIBUTION. Each school district with an approved program is eligible for state funds provided for the learning assistance program. The funds shall be appropriated for the learning assistance program in accordance with the biennial appropriations act. The distribution formula is for school district allocation purposes only. Beginning with the 2005-06 school year, the distribution formula shall be based on one or more family income factors measuring economic need.
NEW SECTION. Sec. 7. MONITORING. To ensure that school districts are meeting the requirements of an approved program, the superintendent of public instruction shall monitor such programs no less than once every four years. Individual student records shall be maintained at the school district.
NEW SECTION. Sec. 8. RULES. The superintendent of public instruction shall adopt rules in accordance with chapter 34.05 RCW that are necessary to implement this chapter.
NEW SECTION. Sec. 9. CAPTIONS NOT LAW. Captions used in this act are not any part of the law.
NEW SECTION. Sec. 10. The following acts or parts of acts are each repealed:
(10) RCW 28A.165.010 (Intent) and 1989 c 233 s 1 & 1987 c 478 s 1;
(11) RCW 28A.165.012 (Program created) and 1987 c 478 s 2;
(12) RCW 28A.165.030 (Definitions) and 1999 c 78 s 1, 1990 c 33 s 148, & 1987 c 478 s 3;
(13) RCW 28A.165.040 (Application for state funds--Needs assessment--Plan) and 1990 c 33 s 149, 1989 c 233 s 2, & 1987 c 478 s 4;
(14) RCW 28A.165.050 (Identification of students--Coordination of use of funds) and 1987 c 478 s 5;
(15) RCW 28A.165.060 (Services or activities under program) and 1989 c 233 s 3 & 1987 c 478 s 6;
(16) RCW 28A.165.070 (Eligibility for funds--Distribution of funds-- Development of allocation formula) and 1995 1st sp.s. c 13 s 1, 1993 sp.s. c 24 s 520, 1990 c 33 s 150, & 1987 c 478 s 7;
(17) RCW 28A.165.080 (Monitoring) and 1990 c 33 s 151 & 1987 c 478 s 8; and
(18) RCW 28A.165.090 (Rules) and 1990 c 33 s 152 & 1987 c 478 s 9.
NEW SECTION. Sec. 11 Sections 1 through 9 of this act are each added to chapter 28A.165 RCW."
Senators Brown, Hargrove, Franklin, McAuliffe spoke in favor of adoption of the amendment to the striking amendment.
Senator Sheldon, B. demanded a roll call and the demand was sustained.
Senators Zarelli, Johnson, Carlson and Finkbeiner spoke against adoption of the amendment to the striking amendment.
The President declared the question before the Senate to be the adoption of the amendment to the striking amendment by Senator Brown on page 1, line 6 to Substitute Senate Bill No. 5877.
ROLL CALL
The Secretary called the roll and the amendment by Senator Brown to the striking amendment by Senator Johnson and the amendment was adopted by the following vote: Yeas, 25; Nays, 24 Absent, 0; Excused, 1.
Voting yea: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Murray, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Sheldon, T., Shin, Spanel and Lt. Governor - 25.
Voting nay: Senators Benton, Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Roach, Schmidt, Sheahan, Stevens, Swecker, Winsley and Zarelli - 24.
Excused: Senator Thibaudeau - 1.
The motion by Senator Brown carried and the amendment by Senator Brown to the striking amendment was adopted.
MOTION
On motion of Senator Esser, further consideration of Engrossed Substitute Senate Bill No. 5877 was deferred and the bill held it's place on the second reading calendar.
Senator Murray, having voted on the prevailing side of the vote by which amendment by Senator Brown to the striking amendment to Substitute Senate Bill No. 5877 passed moved to immediately reconsider the vote.
Senator Brown demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the adoption of the amendment by Senator Brown to the striking amendment by Senator Johnson to Substitute Senate Bill No. 5877.
ROLL CALL
The Secretary called the roll on the amendment by Senator Brown to the striking amendment by Senator Johnson and the amendment was not adopted by the following vote: Yeas, 23; Nays, 25; Absent, 0; Excused, 1.
Voting yea: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Sheldon, T., Shin and Spanel - 23.
Voting nay: Senators Benton, Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Roach, Schmidt, Sheahan, Stevens, Swecker, Winsley and Zarelli - 25.
Excused: Senator Thibaudeau - 1.
The President declared the question before the Senate to be the adoption of the striking amendment by Senator Johnson.
The motion by Senator Johnson carried and the striking amendment was adopted by voice vote.
There being no objection, the following title amendment was adopted:
On page 1, line 1 of the title, after "program;" strike the remainder of the title and insert "adding new sections to chapter 28A.165 RCW; and repealing RCW 28A.165.010, 28A.165.012, 28A.165.030, 28A.165.040, 28A.165.050, 28A.165.060, 28A.165.070, 28A.165.080, and 28A.165.090."
MOTION
On motion of Senator Johnson, the rules were suspended, Engrossed Substitute Senate Bill No. 5877 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Johnson spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5877.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5877 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 21; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Carlson, Deccio, Esseer, Finkbeiner, Hale, Hargrove, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Roach, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, Winsley and Zarelli - 27.
Voting nay: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Shin and Spanel - 21.
Excused: Senator Thibaudeau - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5877, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
At 5:33 p.m., on motion of Senator Esser, the Senate adjourned until 1:30 p.m., Monday, February 16, 2004.
BRAD OWEN, President of the Senate
MILTON H. DOUMIT, JR., Secretary of the Senate