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FIFTY-THIRD DAY
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MORNING SESSION
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Senate Chamber, Olympia, Thursday, March 4, 2004
The Senate was called to order at 10:00 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 Shin.
The Sergeant at Arms Color Guard consisting of Pages Kelsey Monson and Masato Ulmer presented the Colors. Bishop Carlos A. Sevilla, pastor of the Diocese of the Yakima Church, 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
On motion of Senator Esser, the Senate advanced to the third order of business.
MESSAGES FROM THE GOVERNOR
August 9, 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.
Kim Peery, appointed October 1, 2003 for the term ending September 30, 2008 as a member of the Board of Trustees for Clark Community College District No. 14.
Sincerely,
GARY LOCKE, Governor
Referred to the Committee on Higher Education.
January 20, 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.
Juli Wilkerson, appointed January 30, 2004, for the term ending at the Pleasure of the Governor, as Director of the Department of Community, Trade and Economic Development.
Sincerely,
GARY LOCKE, Governor
Referred to the Committee on Economic Development.
February 25, 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.
Pamela Bradburn appointed February 25, 2004, for the term ending September 8, 2008, as a member of the Public Employment Relations Commission.
Sincerely,
GARY LOCKE, Governor
Referred to the Committee on Commerce & Trade.
February 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.
Dr. Alfred Hallowell appointed January 27, 2004, for the term ending January 17, 2005 as a member of the Horse Racing Commission.
Sincerely,
GARY LOCKE, Governor
Referred to the Committee on Commerce & Trade.
March 2, 2004
TO THE HONORABLE, SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
Oliver E. Mackey appointed March 2, 2004, for the term ending December 26, 2004, as a member of the Board of Pilotage Commissioners.
Sincerely,
GARY LOCKE, Governor
Referred to the Committee on Highways & Transportation.
MOTION
On motion of Senator Esser, all measures listed on the Gubernatorial Appointments report were referred to the committees as designated.
MOTION
On motion of Senator Esser, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Fraser, the following resolution was adopted:
By Senators Fraser, Winsley, B. Sheldon, Parlette, Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, T. Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau and Zarelli
WHEREAS, Maryan Reynolds served as Washington's State Librarian for 24 years, from l951 to l975, under Governors Langlie, Rosellini, and Evans, and was passionately dedicated to disseminating knowledge and to fighting steadfastly to bring needed library and information services to people throughout the state; and
WHEREAS, As a result of her skillful and energetic leadership, the Washington State Library became one of the foremost state libraries in the nation, meeting the challenges of cutting edge technology as American society began its transition from the hard-copy information age to the electronic information age, and forging the establishment of multicounty library systems to involve communities in bringing library services to previously unserved or underserved areas; and
WHEREAS, She joined the State Library when it was crowded into the basement of the Temple of Justice, causing her to initiate establishing a separate, more appropriate State Library Building; and
WHEREAS, She brought to fruition an architectural award-winning State Library Building, designed by the renowned Washington State architect Paul Thiry, with displays of artwork by acclaimed Pacific Northwest artists, Everett Du Pen, Kenneth Callahan, Mark Toby, John Elliott, and James Fitzgerald, the building now named the Joel Pritchard Building, that currently houses the temporary Senate Chambers and other legislative offices while the Legislative Building is closed for Nisqually Earthquake repairs and renovation; and
WHEREAS, She has been called the "pole star" and the "compass point" for developing the state's library system by some, and the "Mother Lion" of the state library by others. Still others have described her as: A visionary, a dedicated library professional, an exceptional leader and mentor, a team player, one who led the charge, inspirational, having a brilliant imagination, compassionate, a tough-as-nails fighter, a workhorse, respectful, a coalition builder, strategic, one who inspired people to do their best, service-minded, a person of integrity, prodigiously energetic, a tireless legislative lobbyist, a clear thinker, a promoter of efficiency, a voracious reader, a seeker and finder of opportunities, an educator, a storyteller, an active family member, a caring friend with many deep friendships, and in short, an amazing person; and
WHEREAS, Further reflecting her commitment to disseminating knowledge, following her retirement, she wrote a book titled, "The Dynamics of Change: A History of the Washington State Library" about which, in his foreword to the book, former Governor Daniel Evans stated, "... should be required reading for any serious student of government"; and
WHEREAS, While Maryan Reynolds died of natural causes at the age of 91 on January 17, 2004, her legacy lives on in the institutions and services she helped build, in the continuing dedication of those with whom she worked, in the lives of those she inspired, and in the lives of all Washingtonians who now, and in the future will benefit from all she dreamed and all she achieved;
NOW, THEREFORE, BE IT RESOLVED, That the Senate celebrate the life of former State Librarian Maryan Reynolds and recognize her devotion to public service; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to her family members, to the State Library, to the Friends of the State Library, to the Washington Library Association, the American Library Association, the American Association of State Library Agencies, the Pacific Northwest Library Association, the Olympia Branch of the American Association of University Women, the State Capitol Historical Association, and the Honorable Albert Rosellini and the Honorable Dan Evans, former Governors of the State of Washington.
Senators Fraser and Jacobsen spoke in favor of adoption of the resolution.
The President declared the question before the Senate to be the adoption of Senate Resolution No. 8713.
The motion by Senator Fraser carried and the resolution was adopted by voice vote.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced Jan Walsh, State Librarian; Lenore Doule, Don & Hope Duncan, and Ralph & Jacky Rudeen, close friends of Mary Reynolds who were seated in the gallery.
MOTION
On motion of Senator Esser, the Senate reverted to the sixth order of business.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1867, by House Committee on Judiciary (originally sponsored by Representatives Lantz, Carrell and Rockefeller)
Establishing replevin procedures.
The bill was read the second time.
MOTION
On motion of Senator Esser, the rules were suspended, Substitute House Bill No. 1867 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Esser spoke in favor of passage of the bill.
Senator Kline: “Would Senator Esser yield to a question? Senator, is there any truth to the rumor that ‘replevin’ is the name of a drug recently placed on the market?”
Senator Esser: “Not that I’m aware of but that’s not my specialty.”
MOTIONS
On motion of Senator Murray, Senators McCaslin and Schmidt were excused.
On motion of Senator Eide, Senators Shin and Spanel were excused.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1867.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1867 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, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 45.
Absent: Senator Sheldon, T. - 1.
Excused: Senators McCaslin, Schmidt and Shin - 3.
SUBSTITUTE HOUSE BILL NO. 1867, 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.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced Bryce McKay of Almira/Coulee-Hartline High School who was shadowing the President and was seated on the rostrum.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2383, by House Committee on Higher Education (originally sponsored by Representatives Kenney, Cox, Fromhold, Chase, Hudgins, Wood, Morrell, Santos and Kagi)
Providing for paying part-time faculty at institutions of higher education.
The bill was read the second time.
MOTION
On motion of Senator Carlson, the rules were suspended, Engrossed Substitute House Bill No. 2383 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Kohl-Welles and Carlson spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 2383.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2383 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, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 46.
Excused: Senators McCaslin, Schmidt and Shin - 3.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2383, 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
SUBSTITUTE HOUSE BILL NO. 2908, by House Committee on Transportation (originally sponsored by Representatives Mielke, O'Brien, Ahern, Pearson and Boldt)
Strengthening accountability for salvage vehicles.
The bill was read the second time.
MOTION
On motion of Senator Horn, the rules were suspended, Substitute House Bill No. 2908 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Swecker spoke in favor of passage of the bill.
MOTION
On motion of Senator Eide, Senator Spanel was excused.
Senator Haugen spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 2908.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2908 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
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, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 45.
Excused: Senators McCaslin, Schmidt, Shin and Spanel - 4.
SUBSTITUTE HOUSE BILL NO. 2908, 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
HOUSE BILL NO. 2509, by Representatives McCoy, Condotta, Conway, McMorris, Moeller and Chase; by request of Employment Security Department
Correcting certain references dealing with unemployment compensation.
The bill was read the second time.
MOTION
On motion of Senator Honeyford, the rules were suspended, House Bill No. 2509 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 House Bill No. 2509.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2509 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, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 46.
Excused: Senators McCaslin, Schmidt and Shin - 3.
HOUSE BILL NO. 2509, 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
SECOND ENGROSSED HOUSE BILL NO. 1645, by Representatives Kessler, Skinner, Edwards, Lantz, Moeller, Kirby, Kenney, Lovick, O'Brien, Kagi, G. Simpson, McCoy, Cody, Ruderman, Flannigan, Upthegrove, Pettigrew, Clibborn, McDermott, Dickerson, Hudgins, Schual-Berke, Santos, Conway, Sullivan, Morrell and Darneille
Addressing protection of victims of domestic violence, sexual assault, or stalking in the rental of housing.
The bill was read the second time.
MOTION
Senator Esser moved that the following committee striking amendment by the committee on Financial Services, Insurance & Housing be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds and declares that:
(1) Domestic violence, sexual assault, and stalking are widespread societal problems that have devastating effects for individual victims, their children, and their communities. Victims of violence may be forced to remain in unsafe situations because they are bound by residential lease agreements. The legislature finds that the inability of victims to terminate their rental agreements hinders or prevents victims from being able to safely flee domestic violence, sexual assault, or stalking. The legislature further finds that victims of these crimes who do not have access to safe housing are more likely to remain in or return to abusive or dangerous situations. Also, the legislature finds that victims of these crimes are further victimized when they are unable to obtain or retain rental housing due to their history as a victim of these crimes. The legislature further finds that evidence that a prospective tenant has been a victim of domestic violence, sexual assault, or stalking is not relevant to the decision whether to rent to that prospective tenant.
(2) By this act, the legislature intends to increase safety for victims of domestic violence, sexual assault, and stalking by removing barriers to safety and offering protection against discrimination.
NEW SECTION. Sec. 2. A new section is added to chapter 59.18 RCW to read as follows:
The definitions in this section apply throughout this section and sections 3 through 5 of this act unless the context clearly requires otherwise.
(1) "Domestic violence" has the same meaning as set forth in RCW 26.50.010.
(2) "Sexual assault" has the same meaning as set forth in RCW 70.125.030.
(3) "Stalking" has the same meaning as set forth in RCW 9A.46.110.
(4) "Qualified third party" means any of the following people acting in their official capacity:
(a) Law enforcement officers;
(b) Persons subject to the provisions of chapter 18.120 RCW;
(c) Employees of a court of the state;
(d) Licensed mental health professionals or other licensed counselors;
(e) Employees of crime victim/witness programs as defined in RCW 7.69.020 who are trained advocates for the program; and
(f) Members of the clergy as defined in RCW 26.44.020.
(5) "Household member" means a child or adult residing with the tenant other than the perpetrator of domestic violence, stalking, or sexual assault.
(6) "Tenant screening service provider" means any nongovernmental agency that provides, for a fee, background information on prospective tenants to landlords.
(7) "Credit reporting agency" has the same meaning as set forth in RCW 19.182.010(5).
NEW SECTION. Sec. 3. A new section is added to chapter 59.18 RCW to read as follows:
(1)(a) If a tenant notifies the landlord in writing that he or she or a household member was a victim of an act that constitutes a crime of domestic violence, sexual assault, or stalking, and either (a)(i) or (ii) of this subsection applies, then subsection (2) of this section applies:
(i) The tenant or the household member has a valid order for protection under one or more of the following: Chapter 26.50 or 26.26 RCW or RCW 9A.46.040, 9A.46.050, 10.14.080, 10.99.040 (2) or (3), or 26.09.050; or
(ii) The tenant or the household member has reported the domestic violence, sexual assault, or stalking to a qualified third party acting in his or her official capacity and the qualified third party has provided the tenant or the household member a written record of the report signed by the qualified third party.
(b) When a copy of a valid order for protection or a written record of a report signed by a qualified third party, as required under (a) of this subsection, is made available to the landlord, the tenant may terminate the rental agreement and quit the premises without further obligation under the rental agreement or under chapter 59.12 RCW. However, the request to terminate the rental agreement must occur within ninety days of the reported act, event, or circumstance that gave rise to the protective order or report to a qualified third party. A record of the report to a qualified third party that is provided to the tenant or household member shall consist of a document signed and dated by the qualified third party stating: (i) That the tenant or the household member notified him or her that he or she was a victim of an act or acts that constitute a crime of domestic violence, sexual assault, or stalking; (ii) the time and date the act or acts occurred; (iii) the location where the act or acts occurred; (iv) a brief description of the act or acts of domestic violence, sexual assault, or stalking; and (v) that the tenant or household member informed him or her of the name of the alleged perpetrator of the act or acts. The record of the report provided to the tenant or household member shall not include the name of the alleged perpetrator of the act or acts of domestic violence, sexual assault, or stalking. The qualified third party shall keep a copy of the record of the report and shall note on the retained copy the name of the alleged perpetrator of the act or acts of domestic violence, sexual assault, or stalking. The record of the report to a qualified third party may be accomplished by completion of a form provided by the qualified third party, in substantially the following form:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Name of organization, agency, clinic, professional service provider] |
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I and/or my . . . . . . (household member) am/is a victim of |
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. . . domestic violence as defined by RCW 26.50.010. |
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. . . sexual assault as defined by RCW 70.125.030. |
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. . . stalking as defined by RCW 9A.46.110. |
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Briefly describe the incident of domestic violence, sexual assault, or stalking:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
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The incident(s) that I rely on in support of this declaration occurred on the following date(s) and time(s): . . . . . . . . and at the following location(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. |
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The incident(s) that I rely on in support of this declaration were committed by the following person(s): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
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I state under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Dated at . . . . . . . . . . (city) . ., Washington, this . . . day of . . . ., 20. .. |
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. . . . . . . . . . . . . . . . . . . . . . . . Signature of Tenant or Household Member |
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I verify that I have provided to the person whose signature appears above the statutes cited in RCW 59.18.--- (section 3 of this act) and that the individual was a victim of an act that constitutes a crime of domestic violence, sexual assault, or stalking, and that the individual informed me of the name of the alleged perpetrator of the act. Dated this . . . day of . . . ., 20. .. |
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. . . . . . . . . . . . . . . . . . . . . . . . Signature of authorized officer/employee of (Organization, agency, clinic, professional service provider) |
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(2) A tenant who terminates a rental agreement under this section is discharged from the payment of rent for any period following the last day of the month of the quitting date. The tenant shall remain liable for the rent for the month in which he or she terminated the rental agreement unless the termination is in accordance with RCW 59.18.200(1). Notwithstanding lease provisions that allow for forfeiture of a deposit for early termination, a tenant who terminates under this section is entitled to the return of the full deposit, subject to RCW 59.18.020 and 59.18.280. Other tenants who are parties to the rental agreement, except household members who are the victims of sexual assault, stalking, or domestic violence, are not released from their obligations under the rental agreement or other obligations under this chapter.
(3) The provision of verification of a report under subsection (1)(b) of this section does not waive the confidential or privileged nature of the communication between a victim of domestic violence, sexual assault, or stalking with a qualified third party pursuant to RCW 5.60.060, 70.123.075, or 70.125.065. No record or evidence obtained from such disclosure may be used in any civil, administrative, or criminal proceeding against the victim unless a written waiver of applicable evidentiary privilege is obtained, except that the verification itself, and no other privileged information, under subsection (1)(b) of this section may be used in civil proceedings brought under this section.
NEW SECTION. Sec. 4. A new section is added to chapter 59.18 RCW to read as follows:
(1) A landlord may not terminate a tenancy, fail to renew a tenancy, or refuse to enter into a rental agreement based on the tenant's or applicant's or a household member's status as a victim of domestic violence, sexual assault, or stalking, or based on the tenant or applicant having terminated a rental agreement under section 3 of this act.
(2) A landlord who refuses to enter into a rental agreement in violation of this section may be liable to the tenant or applicant in a civil action for damages sustained by the tenant or applicant. The prevailing party may also recover court costs and reasonable attorneys' fees.
(3) It is a defense to an unlawful detainer action under chapter 59.12 RCW that the action to remove the tenant and recover possession of the premises is in violation of subsection (1) of this section.
(4) This section does not prohibit adverse housing decisions based upon other lawful factors within the landlord's knowledge.
NEW SECTION. Sec. 5. A new section is added to chapter 59.18 RCW to read as follows:
(1) A tenant who has obtained a court order from a court of competent jurisdiction granting him or her possession of a dwelling unit to the exclusion of one or more cotenants may request that a lock be replaced or configured for a new key at the tenant's expense. The landlord shall, if provided a copy of the order, comply with the request and shall not provide copies of the new keys to the tenant restrained or excluded by the court's order. This section does not release a cotenant, other than a household member who is the victim of domestic violence, sexual assault, or stalking, from liability or obligations under the rental agreement.
(2) A landlord who replaces a lock or configures for a new key of a residential housing unit in accordance with subsection (1) of this section shall be held harmless from liability for any damages that result directly from the lock change.
NEW SECTION. Sec. 6. RCW 59.18.356 (Threatening behavior--Violation of order for protection--Termination of agreement--Financial obligations) and 1992 c 38 s 7 are each repealed.
NEW SECTION. Sec. 7. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
POINT OF INQUIRY
Senator Hargrove: “Would Senator Esser yield to a question? Yes, Senator Esser, could you tell me the difference between the committee striking amendment and the underline bill?
Senator Esser: “I could not.”
Senator Berkey spoke in favor of the adoption of the committee striking amendment.
The President declared the question before the Senate to be the adoption of the committee striking amendment by the committee on Financial Services, Insurance & Housing to Second Engrossed House Bill No. 1645, as amended by the Senate.
The motion by Senator Esser carried and the committee 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 "housing;" strike the remainder of the title and insert "adding new sections to chapter 59.18 RCW; creating a new section; repealing RCW 59.18.356; and declaring an emergency."
MOTION
On motion of Senator Benton, the rules were suspended, Second Engrossed House Bill No. 1645, as amended by the Senate, 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.
The President declared the question before the Senate to be the final passage of Second Engrossed House Bill No. 1645, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Second Engrossed House Bill No. 1645, as amended by the Senate, 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, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 46.
Excused: Senators McCaslin, Schmidt and Shin - 3.
SECOND ENGROSSED HOUSE BILL NO. 1645, as amended by the Senate, 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
THIRD ENGROSSED SUBSTITUTE HOUSE BILL NO. 2195, by House Committee on Education (originally sponsored by Representatives McDermott, Talcott, Quall, Tom and Haigh)
Regarding state assessment standards.
The bill was read the second time.
MOTION
Senator Johnson moved that the committee striking amendment by the Committee on Education be not adopted:
Strike everything after the enacting clause and insert the following:
"PART 1
CERTIFICATE OF ACADEMIC ACHIEVEMENT
NEW SECTION. Sec. 101. A new section is added to chapter 28A.655 RCW to read as follows:
CERTIFICATE REQUIREMENTS. (1) The high school assessment system shall include but need not be limited to the Washington assessment of student learning, opportunities for a student to retake the content areas of the assessment in which the student was not successful, and if approved by the legislature pursuant to subsection (11) of this section, one or more objective alternative assessments for a student to demonstrate achievement of state academic standards. The objective alternative assessments for each content area shall be comparable in rigor to the skills and knowledge that the student must demonstrate on the Washington assessment of student learning for each content area.
(2) Subject to the conditions in this section, a certificate of academic achievement shall be obtained by most students at about the age of sixteen, and is evidence that the students have successfully met the state standard in the content areas included in the certificate. With the exception of students satisfying the provisions of section 104 of this act, acquisition of the certificate is required for graduation from a public high school but is not the only requirement for graduation.
(3) Beginning with the graduating class of 2008, with the exception of students satisfying the provisions of section 104 of this act, a student who meets the state standards on the reading, writing, and mathematics content areas of the high school Washington assessment of student learning shall earn a certificate of academic achievement. If a student does not successfully meet the state standards in one or more content areas required for the certificate of academic achievement, then the student may retake the assessment in the content area up to two times at no cost to the student. If the student successfully meets the state standards on a retake of the assessment then the student shall earn a certificate of academic achievement. Once objective alternative assessments are authorized pursuant to subsection (11) of this section, a student may use the objective alternative assessments to demonstrate that the student successfully meets the state standards for that content area if the student has retaken the Washington assessment of student learning at least once. If the student successfully meets the state standards on the objective alternative assessments then the student shall earn a certificate of academic achievement with an alternate assessment designation.
(4) Beginning with the graduating class of 2010, a student must meet the state standards in science in addition to the other content areas required under subsection (3) of this section on the Washington assessment of student learning or the objective alternative assessments in order to earn a certificate of academic achievement.
(5) The state board of education may not require the acquisition of the certificate of academic achievement for students in home-based instruction under chapter 28A.200 RCW, for students enrolled in private schools under chapter 28A.195 RCW, or for students satisfying the provisions of section 104 of this act.
(6) A student may retain and use the highest result from each successfully completed content area of the high school assessment.
(7) Beginning with the graduating class of 2006, the highest scale score and level achieved in each content area on the high school Washington assessment of student learning shall be displayed on a student's transcript. In addition, beginning with the graduating class of 2008, each student shall receive a scholar's designation on his or her transcript for each content area in which the student achieves level four the first time the student takes that content area assessment.
(8) Beginning in 2006, school districts must make available to students the following options:
(a) To retake the Washington assessment of student learning up to two times in the content areas in which the student did not meet the state standards if the student is enrolled in a public school; or
(b) To retake the Washington assessment of student learning up to two times in the content areas in which the student did not meet the state standards if the student is enrolled in a high school completion program at a community or technical college. The superintendent of public instruction and the state board for community and technical colleges shall jointly identify means by which students in these programs can be assessed.
(9) Students who achieve the standard in a content area of the high school assessment but who wish to improve their results shall pay for retaking the assessment, using a uniform cost determined by the superintendent of public instruction.
(10) Subject to available funding, the superintendent shall pilot opportunities for retaking the high school assessment beginning in the 2004-05 school year. Beginning no later than September 2006, opportunities to retake the assessment at least twice a year shall be available to each school district.
(11) The office of the superintendent of public instruction shall develop options for implementing objective alternative assessments, which may include an appeals process, for students to demonstrate achievement of the state academic standards. The objective alternative assessments shall be comparable in rigor to the skills and knowledge that the student must demonstrate on the Washington assessment of student learning and be objective in its determination of student achievement of the state standards. Before any objective alternative assessments are used by a student to demonstrate that the student has met the state standards in a content area required to obtain a certificate, the legislature shall formally approve the use of any objective alternative assessments through the omnibus appropriations act or by statute or concurrent resolution.
(12) By December 15, 2004, the house of representatives and senate education committees shall obtain information and conclusions from recognized, independent, national assessment experts regarding the validity and reliability of the high school Washington assessment of student learning for making individual student high school graduation determinations.
(13) To help assure continued progress in academic achievement as a foundation for high school graduation and to assure that students are on track for high school graduation, each school district shall prepare plans for students as provided in this subsection (13).
(a) Student learning plans are required for eighth through twelfth grade students who were not successful on any or all of the content areas of the Washington assessment for student learning during the previous school year. The plan shall include the courses, competencies, and other steps needed to be taken by the student to meet state academic standards and stay on track for graduation. This requirement shall be phased in as follows:
(i) Beginning no later than the 2004-05 school year ninth grade students as described in this subsection (13)(a) shall have a plan.
(ii) Beginning no later than the 2005-06 school year and every year thereafter eighth grade students as described in this subsection (13)(a) shall have a plan.
(iii) The parent or guardian shall be notified, preferably through a parent conference, of the student's results on the Washington assessment of student learning, actions the school intends to take to improve the student's skills in any content area in which the student was unsuccessful, strategies to help them improve their student's skills, and the content of the student's plan.
(iv) Progress made on the student plan shall be reported to the student's parents or guardian at least annually and adjustments to the plan made as necessary.
(b) Beginning with the 2005-06 school year and every year thereafter, all fifth grade students who were not successful in one or more of the content areas of the fourth grade Washington assessment of student learning shall have a student learning plan.
(i) The parent or guardian of a student described in this subsection (13)(b) shall be notified, through a parent conference, of the student's results on the Washington assessment of student learning, actions the school intends to take to improve the student's skills in any content area in which the student was unsuccessful, and provide strategies to help them improve their student's skills.
(ii) Progress made on the student plan shall be reported to the student's parents or guardian at least annually and adjustments to the plan made as necessary.
NEW SECTION. Sec. 102. CERTIFICATE REPORTS REQUIRED ON THE CUT SCORES REQUIRED TO ACHIEVE THE CERTIFICATE, OBJECTIVE ALTERNATIVE ASSESSMENTS, AND ISSUES RELATED TO VALIDITY AND RELIABILITY. (1) The academic achievement and accountability commission shall review and adjust, if necessary, the performance standards needed to meet the high school standards and obtain a certificate of academic achievement as provided in section 101 of this act. The commission shall include in its review consideration of various conjunctive and compensatory score models, including the use of the standard error of measurement, into the decision regarding the award of the certificate of academic achievement. To assist in its deliberations, the commission shall seek advice from a committee that includes parents, practicing classroom teachers and principals, administrators, staff, and other interested parties. If the commission makes any adjustment of the student performance standards, then the commission shall present the recommended performance standard to the education committees of the house of representatives and the senate by November 30th of the year before the school year in which the changes will take place to permit the legislature to take statutory action before the changes are implemented if such action is deemed warranted by the legislature.
(2) The office of the superintendent of public instruction shall develop options for implementing objective alternative assessments, which may include an appeals process, for students to demonstrate achievement of the state academic standards. The objective alternative assessments shall be comparable in rigor to the skills and knowledge that the student must demonstrate on the Washington assessment of student learning and be objective in its determination of student achievement of the state standards.
(a) By July 1, 2004, the office of the superintendent of public instruction shall report its recommendations for objective alternative assessments to the governor, the state board of education, and the house of representatives and senate education committees.
(b) In its deliberations, the office of the superintendent of public instruction shall consult with parents, administrators, practicing classroom teachers including teachers in career and technical education, practicing principals, appropriate agencies, professional organizations, assessment experts, and other interested parties.
(c) Through the omnibus appropriations act, or by statute or concurrent resolution, the legislature shall formally approve the use of any objective alternative assessments before its implementation as a part of the high school assessment system.
(3) By September 15, 2004, the superintendent of public instruction shall develop recommendations on the best practices that may be used with students who need additional assistance to meet the requirements of the certificate of academic achievement.
(4) By November 30, 2004, the superintendent of public instruction and the state board of education shall provide to the house of representatives and senate education committees all available pertinent studies, information, and independent third-party analyses on the validity and reliability of the high school assessment system, especially as it pertains to the use of the system for individual student decisions.
Sec. 103. RCW 28A.230.090 and 1997 c 222 s 2 are each amended to read as follows:
CERTIFICATE OF ACADEMIC ACHIEVEMENT - STATE BOARD OF EDUCATION HIGH SCHOOL GRADUATION REQUIREMENTS, INCLUDING LOCAL DETERMINATION OF INDIVIDUAL STUDENT SUCCESS. (1) The state board of education shall establish high school graduation requirements or equivalencies for students.
(a) Any course in Washington state history and government used to fulfill high school graduation requirements is encouraged to include information on the culture, history, and government of the American Indian peoples who were the first inhabitants of the state.
(b) The certificate of academic achievement requirements under section 101 of this act or the certificate of individual achievement requirements under section 104 of this act are required for graduation from a public high school but are not the only requirements for graduation.
(c) Any decision on whether a student has met the state board's high school graduation requirements for a high school and beyond plan shall remain at the local level.
(2) In recognition of the statutory authority of the state board of education to establish and enforce minimum high school graduation requirements, the state board shall periodically reevaluate the graduation requirements and shall report such findings to the legislature in a timely manner as determined by the state board.
(3) Pursuant to any requirement for instruction in languages other than English established by the state board of education or a local school district, or both, for purposes of high school graduation, students who receive instruction in American sign language or one or more American Indian languages shall be considered to have satisfied the state or local school district graduation requirement for instruction in one or more languages other than English.
(4) If requested by the student and his or her family, a student who has completed high school courses before attending high school shall be given high school credit which shall be applied to fulfilling high school graduation requirements if:
(a) The course was taken with high school students, if the academic level of the course exceeds the requirements for seventh and eighth grade classes, and the student has successfully passed by completing the same course requirements and examinations as the high school students enrolled in the class; or
(b) The academic level of the course exceeds the requirements for seventh and eighth grade classes and the course would qualify for high school credit, because the course is similar or equivalent to a course offered at a high school in the district as determined by the school district board of directors.
(5) Students who have taken and successfully completed high school courses under the circumstances in subsection (4) of this section shall not be required to take an additional competency examination or perform any other additional assignment to receive credit. ((Subsection (4) of this section shall also apply to students enrolled in high school on April 11, 1990, who took the courses before attending high school.))
(6) At the college or university level, five quarter or three semester hours equals one high school credit.
NEW SECTION. Sec. 104. A new section is added to chapter 28A.155 RCW to read as follows:
CERTIFICATE OF INDIVIDUAL ACHIEVEMENT. Beginning with the graduating class of 2008, students served under this chapter, who are not appropriately assessed by the high school Washington assessment system as defined in section 101 of this act, even with accommodations, may earn a certificate of individual achievement. The certificate may be earned using multiple ways to demonstrate skills and abilities commensurate with their individual education programs. The determination of whether the high school assessment system is appropriate shall be made by the student's individual education program team. For these students, the certificate of individual achievement is required for graduation from a public high school, but need not be the only requirement for graduation. When measures other than the high school assessment system as defined in section 101 of this act are used, the measures shall be in agreement with the appropriate educational opportunity provided for the student as required by this chapter. The superintendent of public instruction shall develop the guidelines for determining which students should not be required to participate in the high school assessment system and which types of assessments are appropriate to use.
When measures other than the high school assessment system as defined in section 101 of this act are used for high school graduation purposes, the student's high school transcript shall note whether that student has earned a certificate of individual achievement.
Nothing in this section shall be construed to deny a student the right to participation in the high school assessment system as defined in section 101 of this act, and, upon successfully meeting the high school standard, receipt of the certificate of academic achievement.
NEW SECTION. Sec. 105. A new section is added to chapter 28A.180 RCW to read as follows:
The office of the superintendent of public instruction and the state board for community and technical colleges shall jointly develop a program plan to provide a continuing education option for students who are eligible for the state transitional bilingual instruction program and who need more time to develop language proficiency but who are more age-appropriately suited for a postsecondary learning environment than for a high school. In developing the plan, the superintendent of public instruction shall consider options to formally recognize the accomplishments of students in the state transitional bilingual instruction program who have completed the twelfth grade but have not earned a certificate of academic achievement. By December 1, 2004, the agencies shall report to the legislative education and fiscal committees with any recommendations for legislative action and any resources necessary to implement the plan.
Sec. 106. RCW 28A.195.010 and 1993 c 336 s 1101 are each amended to read as follows:
CERTIFICATE OF ACADEMIC ACHIEVEMENT - PRIVATE SCHOOL STUDENTS EXEMPTED. The legislature hereby recognizes that private schools should be subject only to those minimum state controls necessary to insure the health and safety of all the students in the state and to insure a sufficient basic education to meet usual graduation requirements. The state, any agency or official thereof, shall not restrict or dictate any specific educational or other programs for private schools except as hereinafter in this section provided.
Principals of private schools or superintendents of private school districts shall file each year with the state superintendent of public instruction a statement certifying that the minimum requirements hereinafter set forth are being met, noting any deviations. After review of the statement, the state superintendent will notify schools or school districts of those deviations which must be corrected. In case of major deviations, the school or school district may request and the state board of education may grant provisional status for one year in order that the school or school district may take action to meet the requirements. The state board of education shall not require private school students to meet the student learning goals, obtain a certificate of academic achievement, or a certificate of individual achievement to graduate from high school, to master the essential academic learning requirements, or to be assessed pursuant to section 101 of this act. However, private schools may choose, on a voluntary basis, to have their students master these essential academic learning requirements, take the assessments, and obtain a certificate of academic achievement or a certificate of individual achievement. Minimum requirements shall be as follows:
(1) The minimum school year for instructional purposes shall consist of no less than one hundred eighty school days or the equivalent in annual minimum program hour offerings as prescribed in RCW 28A.150.220.
(2) The school day shall be the same as that required in RCW 28A.150.030 and 28A.150.220, except that the percentages of total program hour offerings as prescribed in RCW 28A.150.220 for basic skills, work skills, and optional subjects and activities shall not apply to private schools or private sectarian schools.
(3) All classroom teachers shall hold appropriate Washington state certification except as follows:
(a) Teachers for religious courses or courses for which no counterpart exists in public schools shall not be required to obtain a state certificate to teach those courses.
(b) In exceptional cases, people of unusual competence but without certification may teach students so long as a certified person exercises general supervision. Annual written statements shall be submitted to the office of the superintendent of public instruction reporting and explaining such circumstances.
(4) An approved private school may operate an extension program for parents, guardians, or persons having legal custody of a child to teach children in their custody. The extension program shall require at a minimum that:
(a) The parent, guardian, or custodian be under the supervision of an employee of the approved private school who is certified under chapter 28A.410 RCW;
(b) The planning by the certified person and the parent, guardian, or person having legal custody include objectives consistent with this subsection and subsections (1), (2), (5), (6), and (7) of this section;
(c) The certified person spend a minimum average each month of one contact hour per week with each student under his or her supervision who is enrolled in the approved private school extension program;
(d) Each student's progress be evaluated by the certified person; and
(e) The certified employee shall not supervise more than thirty students enrolled in the approved private school's extension program.
(5) Appropriate measures shall be taken to safeguard all permanent records against loss or damage.
(6) The physical facilities of the school or district shall be adequate to meet the program offered by the school or district: PROVIDED, That each school building shall meet reasonable health and fire safety requirements. ((However, the state board shall not require private school students to meet the student learning goals, obtain a certificate of mastery to graduate from high school, to master the essential academic learning requirements, or to be assessed pursuant to RCW 28A.630.885. However, private schools may choose, on a voluntary basis, to have their students master these essential academic learning requirements, take these assessments, and obtain certificates of mastery.)) A residential dwelling of the parent, guardian, or custodian shall be deemed to be an adequate physical facility when a parent, guardian, or person having legal custody is instructing his or her child under subsection (4) of this section.
(7) Private school curriculum shall include instruction of the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of appreciation of art and music, all in sufficient units for meeting state board of education graduation requirements.
(8) Each school or school district shall be required to maintain up-to-date policy statements related to the administration and operation of the school or school district.
All decisions of policy, philosophy, selection of books, teaching material, curriculum, except as in subsection (7) ((above)) of this section provided, school rules and administration, or other matters not specifically referred to in this section, shall be the responsibility of the administration and administrators of the particular private school involved.
Sec. 107. RCW 28A.200.010 and 1995 c 52 s 1 are each amended to read as follows:
CERTIFICATE OF ACADEMIC ACHIEVEMENT - STUDENTS IN HOME-BASED INSTRUCTION EXEMPTED. (1) Each parent whose child is receiving home- based instruction under RCW 28A.225.010(4) shall have the duty to:
(((1))) (a) File annually a signed declaration of intent that he or she is planning to cause his or her child to receive home-based instruction. The statement shall include the name and age of the child, shall specify whether a certificated person will be supervising the instruction, and shall be written in a format prescribed by the superintendent of public instruction. Each parent shall file the statement by September 15th of the school year or within two weeks of the beginning of any public school quarter, trimester, or semester with the superintendent of the public school district within which the parent resides or the district that accepts the transfer, and the student shall be deemed a transfer student of the nonresident district. Parents may apply for transfer under RCW 28A.225.220;
(((2))) (b) Ensure that test scores or annual academic progress assessments and immunization records, together with any other records that are kept relating to the instructional and educational activities provided, are forwarded to any other public or private school to which the child transfers. At the time of a transfer to a public school, the superintendent of the local school district in which the child enrolls may require a standardized achievement test to be administered and shall have the authority to determine the appropriate grade and course level placement of the child after consultation with parents and review of the child's records; and
(((3))) ©) Ensure that a standardized achievement test approved by the state board of education is administered annually to the child by a qualified individual or that an annual assessment of the student's academic progress is written by a certificated person who is currently working in the field of education. ((The state board of education shall not require these children to meet the student learning goals, master the essential academic learning requirements, to take the assessments, or to obtain a certificate of mastery pursuant to RCW 28A.630.885.)) The standardized test administered or the annual academic progress assessment written shall be made a part of the child's permanent records. If, as a result of the annual test or assessment, it is determined that the child is not making reasonable progress consistent with his or her age or stage of development, the parent shall make a good faith effort to remedy any deficiency.
(2) The state board of education shall not require these children to meet the student learning goals, master the essential academic learning requirements, to take the assessments, or to obtain a certificate of academic achievement or a certificate of individual achievement pursuant to sections 101 and 104 of this act.
(3) Failure of a parent to comply with the duties in this section shall be deemed a failure of such parent's child to attend school without valid justification under RCW 28A.225.020. Parents who do comply with the duties set forth in this section shall be presumed to be providing home-based instruction as set forth in RCW 28A.225.010(4).
Sec. 108. RCW 28A.305.220 and 1984 c 178 s 1 are each amended to read as follows:
DEVELOPMENT OF STANDARDIZED HIGH SCHOOL TRANSCRIPTS--SCHOOL DISTRICTS TO INFORM STUDENTS OF IMPORTANCE. (1) The state board of education shall develop for use by all public school districts a standardized high school transcript. The state board of education shall establish clear definitions for the terms "credits" and "hours" so that school programs operating on the quarter, semester, or trimester system can be compared.
(2) The standardized high school transcript shall include the following information:
(a) The highest scale score and level achieved in each content area on the high school Washington assessment of student learning or other high school measures successfully completed by the student as provided by sections 101 and 104 of this act;
(b) All scholar designations as provided by section 101 of this act;
(c) A notation of whether the student has earned a certificate of academic achievement, a certificate of academic achievement through alternative assessments, or a certificate of individual achievement.
(3) Transcripts are important documents to students who will apply for admission to postsecondary institutions of higher education. Transcripts are also important to students who will seek employment upon or prior to graduation from high school. It is recognized that student transcripts may be the only record available to employers in their decision-making processes regarding prospective employees. The superintendent of public instruction shall require school districts to inform annually all high school students that prospective employers may request to see transcripts and that the prospective employee's decision to release transcripts can be an important part of the process of applying for employment.
NEW SECTION. Sec. 109. The superintendent of public instruction shall study the effect of the certificate of academic achievement and the certificate of individual achievement requirements on dropout rates and report the findings to the legislature and the academic achievement and accountability commission by October 1, 2010. The superintendent of public instruction shall include any related recommendations for decreasing the dropout rate in the report.
PART 2
ESSENTIAL ACADEMIC LEARNING REQUIREMENTS AND ASSESSMENTS
NEW SECTION. Sec. 201. ESSENTIAL ACADEMIC LEARNING REQUIREMENTS AND ASSESSMENTS - REPORT REQUIRED ON ASSESSMENTS AND OTHER OPTIONS FOR MEETING THE ESSENTIAL ACADEMIC LEARNING REQUIREMENTS IN SOCIAL STUDIES, THE ARTS, AND HEALTH AND FITNESS. (1) A comprehensive education involves the entire domain of human knowledge to participate productively in our democratic society. All Washington students should have some appreciation of mathematical and scientific principles and structures, a broad awareness of social, economic, and political systems and developments and an appreciation of the arts and humanities, and the elements of good personal health.
(2) By September 1, 2004, the superintendent of public instruction, after consultation with parents, practicing classroom teachers and principals, education organizations, and other interested parties, shall report to the governor, the state board of education, and the house of representatives and senate education committees regarding state classroom-based assessment models, other assessment options, and/or other strategies approved by the superintendent of public instruction to assure continued support and attention to the essential academic learning requirements in social studies, the arts, and health and fitness in elementary, middle, and high schools. The options shall include a recommended timeline to implement those recommendations the legislature adopts. The options may include recommendations on the design, administration, scoring, and reporting of classroom or performance-based assessments for these content areas. The report shall outline progress regarding:
(a) The development of the state classroom-based assessment models, other assessments, and/or other strategies;
(b) Plans for staff development; and
(c) The funding resources necessary to fully implement the recommendations.
(3) All classroom-based assessment models shall be designed in consultation with practicing classroom teachers.
(4) The classroom-based assessment models, other assessment options, and/or other strategies shall be available for voluntary use beginning with the 2005-06 school year.
NEW SECTION. Sec. 202. ESSENTIAL ACADEMIC LEARNING REQUIREMENTS AND ASSESSMENTS - REPORTS REQUIRED ON THE ESSENTIAL ACADEMIC LEARNING REQUIREMENTS, THE RESULTS OF INDEPENDENT RESEARCH ON ALIGNMENT AND TECHNICAL REVIEW, AND THE FEASIBILITY OF RETURNING ASSESSMENT BEFORE THE END OF THE SCHOOL YEAR. (1) Subject to available funding, the superintendent of public instruction shall report to the governor, the state board of education, and the house of representatives and senate education committees on the results of independent research on the alignment and technical review of the reading, writing, and science content areas of the Washington assessment of student learning for elementary and middle grades and for high school. The review shall be comparable to the research conducted on the mathematics assessments and shall be reported in accordance with the following timelines:
(a) In the content areas of reading and writing by November 1, 2005; and
(b) In the content area of science by November 1, 2006.
(2) The superintendent of public instruction shall report to the governor, the state board of education, and the house of representatives and senate education committees on the review, prioritization, and identification of the essential academic learning requirements and grade level content expectations in accordance with the following timelines:
(a) In the content areas of reading, writing, and mathematics by November 1, 2004;
(b) In the content area of science by November 1, 2005;
(c) In the content area of social studies by November 1, 2008;
(d) In the content area of the arts by November 1, 2008; and
(e) In the content area of health and fitness by November 1, 2009.
(3) By November 30, 2004, the superintendent of public instruction shall report to the governor, the state board of education, and the house of representatives and senate education committees on the feasibility of returning the results of the Washington assessment of student learning, including individual student performance information, to schools, teachers, and parents in the same school year in which the assessment is administered.
NEW SECTION. Sec. 203. A new section is added to chapter 28A.230 RCW to read as follows:
ESSENTIAL ACADEMIC LEARNING REQUIREMENTS AND ASSESSMENTS. By the end of the 2008-09 school year, school districts shall have in place in elementary schools, middle schools, and high schools assessments or other strategies to assure that students have an opportunity to learn the essential academic learning requirements in social studies, the arts, and health and fitness. Beginning with the 2008-09 school year, school districts shall annually submit an implementation verification report to the office of the superintendent of public instruction.
Sec. 204. RCW 28A.655.070 and 1999 c 388 s 501 are each amended to read as follows:
ESSENTIAL ACADEMIC LEARNING REQUIREMENTS AND ASSESSMENTS - DUTIES OF THE SUPERINTENDENT OF PUBLIC INSTRUCTION. (1) The superintendent of public instruction shall develop essential academic learning requirements that identify the knowledge and skills all public school students need to know and be able to do based on the student learning goals in RCW 28A.150.210, develop student assessments, and implement the accountability recommendations and requests regarding assistance, rewards, and recognition of the academic achievement and accountability commission.
(2) The superintendent of public instruction shall:
(a) Periodically revise the essential academic learning requirements, as needed, based on the student learning goals in RCW 28A.150.210. Goals one and two shall be considered primary. To the maximum extent possible, the superintendent shall integrate goal four and the knowledge and skill areas in the other goals in the essential academic learning requirements; and
(b) Review and prioritize the essential academic learning requirements and identify, with clear and concise descriptions, the grade level content expectations to be assessed on the Washington assessment of student learning and used for state or federal accountability purposes. The review, prioritization, and identification shall result in more focus and targeting with an emphasis on depth over breadth in the number of grade level content expectations assessed at each grade level. Grade level content expectations shall be articulated over the grades as a sequence of expectations and performances that are logical, build with increasing depth after foundational knowledge and skills are acquired, and reflect, where appropriate, the sequential nature of the discipline. The office of the superintendent of public instruction, within seven working days, shall post on its web site any grade level content expectations provided to an assessment vendor for use in constructing the Washington assessment of student learning.
(3) In consultation with the academic achievement and accountability commission, the superintendent of public instruction shall maintain and continue to develop and revise a statewide academic assessment system in the content areas of reading, writing, mathematics, and science for use in the elementary, middle, and high school years designed to determine if each student has mastered the essential academic learning requirements identified in subsection (1) of this section. School districts shall administer the assessments under guidelines adopted by the superintendent of public instruction. The academic assessment system shall include a variety of assessment methods, including criterion-referenced and performance-based measures.
(4) If the superintendent proposes any modification to the essential academic learning requirements or the statewide assessments, then the superintendent shall, upon request, provide opportunities for the education committees of the house of representatives and the senate to review the assessments and proposed modifications to the essential academic learning requirements before the modifications are adopted.
(5)(a) The assessment system shall be designed so that the results under the assessment system are used by educators as tools to evaluate instructional practices, and to initiate appropriate educational support for students who have not mastered the essential academic learning requirements at the appropriate periods in the student's educational development.
(((5))) (b) Assessments measuring the essential academic learning requirements in the content area of science shall be available for mandatory use in middle schools and high schools by the 2003-04 school year and for mandatory use in elementary schools by the 2004-05 school year unless the legislature takes action to delay or prevent implementation of the assessment.
(6) By September 2007, the results for reading and mathematics shall be reported in a format that will allow parents and teachers to determine the academic gain a student has acquired in those content areas from one school year to the next.
(7) To assist parents and teachers in their efforts to provide educational support to individual students, the superintendent of public instruction shall provide as much individual student performance information as possible within the constraints of the assessment system's item bank. The superintendent shall also provide to school districts:
(a) Information on classroom-based and other assessments that may provide additional achievement information for individual students; and
(b) A collection of diagnostic tools that educators may use to evaluate the academic status of individual students. The tools shall be designed to be inexpensive, easily administered, and quickly and easily scored, with results provided in a format that may be easily shared with parents and students.
(8) To the maximum extent possible, the superintendent shall integrate knowledge and skill areas in development of the assessments.
(((6))) (9) Assessments for goals three and four of RCW 28A.150.210 shall be integrated in the essential academic learning requirements and assessments for goals one and two.
(((7))) (10) The superintendent shall develop assessments that are directly related to the essential academic learning requirements, and are not biased toward persons with different learning styles, racial or ethnic backgrounds, or on the basis of gender.
(((8))) (11) The superintendent shall consider methods to address the unique needs of special education students when developing the assessments under this section.
(((9))) (12) The superintendent shall consider methods to address the unique needs of highly capable students when developing the assessments under this section.
(13) The superintendent shall post on the superintendent's web site lists of resources and model assessments in social studies, the arts, and health and fitness.
Sec. 205. RCW 28A.655.030 and 2002 c 37 s 1 are each amended to read as follows:
ESSENTIAL ACADEMIC LEARNING REQUIREMENTS AND ASSESSMENTS - DUTIES OF THE ACADEMIC ACHIEVEMENT AND ACCOUNTABILITY COMMISSION. The powers and duties of the academic achievement and accountability commission shall include, but are not limited to the following:
(1) For purposes of statewide accountability, the commission shall:
(a) Adopt and revise performance improvement goals in reading, writing, science, and mathematics by subject and grade level as the commission deems appropriate to improve student learning, once assessments in these subjects are required statewide. The goals shall be consistent with student privacy protection provisions of RCW 28A.655.090(7) and shall not conflict with requirements contained in Title I of the federal elementary and secondary education act of 1965, as amended. The goals may be established for all students, economically disadvantaged students, limited English proficient students, students with disabilities, and students from disproportionately academically underachieving racial and ethnic backgrounds. The commission may establish school and school district goals addressing high school graduation rates and dropout reduction goals for students in grades seven through twelve. ((The goals shall be in addition to any goals adopted in RCW 28A.655.050. The commission may also revise any goal adopted in RCW 28A.655.050.)) The commission shall adopt the goals by rule. However, before each goal is implemented, the commission shall present the goal to the education committees of the house of representatives and the senate for the committees' review and comment in a time frame that will permit the legislature to take statutory action on the goal if such action is deemed warranted by the legislature;
(b) Identify the scores students must achieve in order to meet the standard on the Washington assessment of student learning and, for high school students, to obtain a certificate of academic achievement. The commission shall also determine student scores that identify levels of student performance below and beyond the standard. The commission shall consider the incorporation of the standard error of measurement into the decision regarding the award of the certificates. The commission shall set such performance standards and levels in consultation with the superintendent of public instruction and after consideration of any recommendations that may be developed by any advisory committees that may be established for this purpose. The initial performance standards and any changes recommended by the commission in the performance standards shall be presented to the education committees of the house of representatives and the senate by November 30th of the year before the school year in which the changes will take place to permit the legislature to take statutory action before the changes are implemented if such action is deemed warranted by the legislature;
(c) Adopt objective, systematic criteria to identify successful schools and school districts and recommend to the superintendent of public instruction schools and districts to be recognized for two types of accomplishments, student achievement and improvements in student achievement. Recognition for improvements in student achievement shall include consideration of one or more of the following accomplishments:
(i) An increase in the percent of students meeting standards. The level of achievement required for recognition may be based on the achievement goals established by the legislature ((under RCW 28A.655.050)) and by the commission under (a) of this subsection;
(ii) Positive progress on an improvement index that measures improvement in all levels of the assessment; and
(iii) Improvements despite challenges such as high levels of mobility, poverty, English as a second language learners, and large numbers of students in special populations as measured by either the percent of students meeting the standard, or the improvement index.
When determining the baseline year or years for recognizing individual schools, the commission may use the assessment results from the initial years the assessments were administered, if doing so with individual schools would be appropriate;
(d) Adopt objective, systematic criteria to identify schools and school districts in need of assistance and those in which significant numbers of students persistently fail to meet state standards. In its deliberations, the commission shall consider the use of all statewide mandated criterion-referenced and norm-referenced standardized tests;
(e) Identify schools and school districts in which state intervention measures will be needed and a range of appropriate intervention strategies, beginning no earlier than June 30, 2001, and after the legislature has authorized a set of intervention strategies. Beginning no earlier than June 30, 2001, and after the legislature has authorized a set of intervention strategies, at the request of the commission, the superintendent shall intervene in the school or school district and take corrective actions. This chapter does not provide additional authority for the commission or the superintendent of public instruction to intervene in a school or school district;
(f) Identify performance incentive systems that have improved or have the potential to improve student achievement;
(g) Annually review the assessment reporting system to ensure fairness, accuracy, timeliness, and equity of opportunity, especially with regard to schools with special circumstances and unique populations of students, and a recommendation to the superintendent of public instruction of any improvements needed to the system;
(h) Annually report by December 1st to the legislature, the governor, the superintendent of public instruction, and the state board of education on the progress, findings, and recommendations of the commission. The report may include recommendations of actions to help improve student achievement;
(i) By December 1, 2000, and by December 1st annually thereafter, report to the education committees of the house of representatives and the senate on the progress that has been made in achieving ((the reading goal under RCW 28A.655.050 and any additional)) goals adopted by the commission;
(j) Coordinate its activities with the state board of education and the office of the superintendent of public instruction;
(k) Seek advice from the public and all interested educational organizations in the conduct of its work; and
(l) Establish advisory committees, which may include persons who are not members of the commission;
(2) Holding meetings and public hearings, which may include regional meetings and hearings;
(3) Hiring necessary staff and determining the staff's duties and compensation. However, the office of the superintendent of public instruction shall provide staff support to the commission until the commission has hired its own staff, and shall provide most of the technical assistance and logistical support needed by the commission thereafter. The office of the superintendent of public instruction shall be the fiscal agent for the commission. The commission may direct the office of the superintendent of public instruction to enter into subcontracts, within the commission's resources, with school districts, teachers, higher education faculty, state agencies, business organizations, and other individuals and organizations to assist the commission in its deliberations; and
(4) Receiving per diem and travel allowances as permitted under RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 206. ESSENTIAL ACADEMIC LEARNING REQUIREMENTS AND ASSESSMENTS - RCW 28A.655.060 REPEALED. RCW 28A.655.060 (Essential academic learning requirements--Statewide academic assessment system-- Certificate of mastery--Educational pathways--Accountability--Reports and recommendations--Washington commission on student learning, creation and expiration) and 2001 2nd sp.s. c 20 s 1, 1999 c 373 s 501, 1998 c 225 s 1, & 1997 c 268 s 1 are each repealed.
PART 3
MISCELLANEOUS
NEW SECTION. Sec. 301. Part headings and captions used in this act are not any part of the law.
NEW SECTION. Sec. 302. 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. 303. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
On page 1, line 1 of the title, after "standards;" strike the remainder of the title and insert "amending RCW 28A.230.090, 28A.195.010, 28A.200.010, 28A.305.220, 28A.655.070, and 28A.655.030; adding a new section to chapter 28A.655 RCW; adding a new section to chapter 28A.155 RCW; adding a new section to chapter 28A.180 RCW; adding a new section to chapter 28A.230 RCW; creating new sections; repealing RCW 28A.655.060; and declaring an emergency."
MOTION
Senator Johnson moved that the following striking amendment by Senators Johnson and McAuliffe be adopted:
Strike everything after the enacting clause and insert the following:
"PART 1
CERTIFICATE OF ACADEMIC ACHIEVEMENT
NEW SECTION. Sec. 101. A new section is added to chapter 28A.655 RCW to read as follows:
CERTIFICATE REQUIREMENTS. (1) The high school assessment system shall include but need not be limited to the Washington assessment of student learning, opportunities for a student to retake the content areas of the assessment in which the student was not successful, and if approved by the legislature pursuant to subsection (11) of this section, one or more objective alternative assessments for a student to demonstrate achievement of state academic standards. The objective alternative assessments for each content area shall be comparable in rigor to the skills and knowledge that the student must demonstrate on the Washington assessment of student learning for each content area.
(2) Subject to the conditions in this section, a certificate of academic achievement shall be obtained by most students at about the age of sixteen, and is evidence that the students have successfully met the state standard in the content areas included in the certificate. With the exception of students satisfying the provisions of section 104 of this act, acquisition of the certificate is required for graduation from a public high school but is not the only requirement for graduation.
(3) Beginning with the graduating class of 2008, with the exception of students satisfying the provisions of section 104 of this act, a student who meets the state standards on the reading, writing, and mathematics content areas of the high school Washington assessment of student learning shall earn a certificate of academic achievement. If a student does not successfully meet the state standards in one or more content areas required for the certificate of academic achievement, then the student may retake the assessment in the content area up to four times at no cost to the student. If the student successfully meets the state standards on a retake of the assessment then the student shall earn a certificate of academic achievement. Once objective alternative assessments are authorized pursuant to subsection (11) of this section, a student may use the objective alternative assessments to demonstrate that the student successfully meets the state standards for that content area if the student has retaken the Washington assessment of student learning at least once. If the student successfully meets the state standards on the objective alternative assessments then the student shall earn a certificate of academic achievement. The student's transcript shall note whether the certificate of academic achievement was acquired by means of the Washington assessment of student learning or by an alternative assessment.
(4) Beginning with the graduating class of 2010, a student must meet the state standards in science in addition to the other content areas required under subsection (3) of this section on the Washington assessment of student learning or the objective alternative assessments in order to earn a certificate of academic achievement.
(5) The state board of education may not require the acquisition of the certificate of academic achievement for students in home-based instruction under chapter 28A.200 RCW, for students enrolled in private schools under chapter 28A.195 RCW, or for students satisfying the provisions of section 104 of this act.
(6) A student may retain and use the highest result from each successfully completed content area of the high school assessment.
(7) Beginning with the graduating class of 2006, the highest scale score and level achieved in each content area on the high school Washington assessment of student learning shall be displayed on a student's transcript. In addition, beginning with the graduating class of 2008, each student shall receive a scholar's designation on his or her transcript for each content area in which the student achieves level four the first time the student takes that content area assessment.
(8) Beginning in 2006, school districts must make available to students the following options:
(a) To retake the Washington assessment of student learning up to four times in the content areas in which the student did not meet the state standards if the student is enrolled in a public school; or
(b) To retake the Washington assessment of student learning up to four times in the content areas in which the student did not meet the state standards if the student is enrolled in a high school completion program at a community or technical college. The superintendent of public instruction and the state board for community and technical colleges shall jointly identify means by which students in these programs can be assessed.
(9) Students who achieve the standard in a content area of the high school assessment but who wish to improve their results shall pay for retaking the assessment, using a uniform cost determined by the superintendent of public instruction.
(10) Subject to available funding, the superintendent shall pilot opportunities for retaking the high school assessment beginning in the 2004-05 school year. Beginning no later than September 2006, opportunities to retake the assessment at least twice a year shall be available to each school district.
(11) The office of the superintendent of public instruction shall develop options for implementing objective alternative assessments, which may include an appeals process, for students to demonstrate achievement of the state academic standards. The objective alternative assessments shall be comparable in rigor to the skills and knowledge that the student must demonstrate on the Washington assessment of student learning and be objective in its determination of student achievement of the state standards. Before any objective alternative assessments are used by a student to demonstrate that the student has met the state standards in a content area required to obtain a certificate, the legislature shall formally approve the use of any objective alternative assessments through the omnibus appropriations act or by statute or concurrent resolution.
(12) By December 15, 2004, the house of representatives and senate education committees shall obtain information and conclusions from recognized, independent, national assessment experts regarding the validity and reliability of the high school Washington assessment of student learning for making individual student high school graduation determinations.
(13) To help assure continued progress in academic achievement as a foundation for high school graduation and to assure that students are on track for high school graduation, each school district shall prepare plans for students as provided in this subsection (13).
(a) Student learning plans are required for eighth through twelfth grade students who were not successful on any or all of the content areas of the Washington assessment for student learning during the previous school year. The plan shall include the courses, competencies, and other steps needed to be taken by the student to meet state academic standards and stay on track for graduation. This requirement shall be phased in as follows:
(i) Beginning no later than the 2004-05 school year ninth grade students as described in this subsection (13)(a) shall have a plan.
(ii) Beginning no later than the 2005-06 school year and every year thereafter eighth grade students as described in this subsection (13)(a) shall have a plan.
(iii) The parent or guardian shall be notified, preferably through a parent conference, of the student's results on the Washington assessment of student learning, actions the school intends to take to improve the student's skills in any content area in which the student was unsuccessful, strategies to help them improve their student's skills, and the content of the student's plan.
(iv) Progress made on the student plan shall be reported to the student's parents or guardian at least annually and adjustments to the plan made as necessary.
(b) Beginning with the 2005-06 school year and every year thereafter, all fifth grade students who were not successful in one or more of the content areas of the fourth grade Washington assessment of student learning shall have a student learning plan.
(i) The parent or guardian of a student described in this subsection (13)(b) shall be notified, preferably through a parent conference, of the student's results on the Washington assessment of student learning, actions the school intends to take to improve the student's skills in any content area in which the student was unsuccessful, and provide strategies to help them improve their student's skills.
(ii) Progress made on the student plan shall be reported to the student's parents or guardian at least annually and adjustments to the plan made as necessary.
NEW SECTION. Sec. 102. CERTIFICATE REPORTS REQUIRED ON THE CUT SCORES REQUIRED TO ACHIEVE THE CERTIFICATE, OBJECTIVE ALTERNATIVE ASSESSMENTS, AND ISSUES RELATED TO VALIDITY AND RELIABILITY. (1) The academic achievement and accountability commission shall review and adjust, if necessary, the performance standards needed to meet the high school standards and obtain a certificate of academic achievement as provided in section 101 of this act. The commission shall include in its review consideration of various conjunctive and compensatory score models, including the use of the standard error of measurement, into the decision regarding the award of the certificate of academic achievement. To assist in its deliberations, the commission shall seek advice from a committee that includes parents, practicing classroom teachers and principals, administrators, staff, and other interested parties. If the commission makes any adjustment of the student performance standards, then the commission shall present the recommended performance standard to the education committees of the house of representatives and the senate by November 30th of the school year in which the changes will take place to permit the legislature to take statutory action before the changes are implemented if such action is deemed warranted by the legislature.
(2) The office of the superintendent of public instruction shall develop options for implementing objective alternative assessments, which may include an appeals process, for students to demonstrate achievement of the state academic standards. The objective alternative assessments shall be comparable in rigor to the skills and knowledge that the student must demonstrate on the Washington assessment of student learning and be objective in its determination of student achievement of the state standards.
(a) By September 1, 2004, the office of the superintendent of public instruction shall report its recommendations for objective alternative assessments to the governor, the state board of education, and the house of representatives and senate education committees.
(b) In its deliberations, the office of the superintendent of public instruction shall consult with parents, administrators, practicing classroom teachers including teachers in career and technical education, practicing principals, appropriate agencies, professional organizations, assessment experts, and other interested parties.
(c) Through the omnibus appropriations act, or by statute or concurrent resolution, the legislature shall formally approve the use of any objective alternative assessments before its implementation as a part of the high school assessment system.
(3) By September 15, 2004, the superintendent of public instruction shall develop recommendations on the best practices that may be used with students who need additional assistance to meet the requirements of the certificate of academic achievement.
(4) By November 30, 2004, the superintendent of public instruction and the state board of education shall provide to the house of representatives and senate education committees all available pertinent studies, information, and independent third-party analyses on the validity and reliability of the high school assessment system, especially as it pertains to the use of the system for individual student decisions.
Sec. 103. RCW 28A.230.090 and 1997 c 222 s 2 are each amended to read as follows:
CERTIFICATE OF ACADEMIC ACHIEVEMENT - STATE BOARD OF EDUCATION HIGH SCHOOL GRADUATION REQUIREMENTS, INCLUDING LOCAL DETERMINATION OF INDIVIDUAL STUDENT SUCCESS. (1) The state board of education shall establish high school graduation requirements or equivalencies for students.
(a) Any course in Washington state history and government used to fulfill high school graduation requirements is encouraged to include information on the culture, history, and government of the American Indian peoples who were the first inhabitants of the state.
(b) The certificate of academic achievement requirements under section 101 of this act or the certificate of individual achievement requirements under section 104 of this act are required for graduation from a public high school but are not the only requirements for graduation.
(c) Any decision on whether a student has met the state board's high school graduation requirements for a high school and beyond plan shall remain at the local level.
(2) In recognition of the statutory authority of the state board of education to establish and enforce minimum high school graduation requirements, the state board shall periodically reevaluate the graduation requirements and shall report such findings to the legislature in a timely manner as determined by the state board.
(3) Pursuant to any requirement for instruction in languages other than English established by the state board of education or a local school district, or both, for purposes of high school graduation, students who receive instruction in American sign language or one or more American Indian languages shall be considered to have satisfied the state or local school district graduation requirement for instruction in one or more languages other than English.
(4) If requested by the student and his or her family, a student who has completed high school courses before attending high school shall be given high school credit which shall be applied to fulfilling high school graduation requirements if:
(a) The course was taken with high school students, if the academic level of the course exceeds the requirements for seventh and eighth grade classes, and the student has successfully passed by completing the same course requirements and examinations as the high school students enrolled in the class; or
(b) The academic level of the course exceeds the requirements for seventh and eighth grade classes and the course would qualify for high school credit, because the course is similar or equivalent to a course offered at a high school in the district as determined by the school district board of directors.
(5) Students who have taken and successfully completed high school courses under the circumstances in subsection (4) of this section shall not be required to take an additional competency examination or perform any other additional assignment to receive credit. ((Subsection (4) of this section shall also apply to students enrolled in high school on April 11, 1990, who took the courses before attending high school.))
(6) At the college or university level, five quarter or three semester hours equals one high school credit.
NEW SECTION. Sec. 104. A new section is added to chapter 28A.155 RCW to read as follows:
CERTIFICATE OF INDIVIDUAL ACHIEVEMENT. Beginning with the graduating class of 2008, students served under this chapter, who are not appropriately assessed by the high school Washington assessment system as defined in section 101 of this act, even with accommodations, may earn a certificate of individual achievement. The certificate may be earned using multiple ways to demonstrate skills and abilities commensurate with their individual education programs. The determination of whether the high school assessment system is appropriate shall be made by the student's individual education program team. For these students, the certificate of individual achievement is required for graduation from a public high school, but need not be the only requirement for graduation. When measures other than the high school assessment system as defined in section 101 of this act are used, the measures shall be in agreement with the appropriate educational opportunity provided for the student as required by this chapter. The superintendent of public instruction shall develop the guidelines for determining which students should not be required to participate in the high school assessment system and which types of assessments are appropriate to use.
When measures other than the high school assessment system as defined in section 101 of this act are used for high school graduation purposes, the student's high school transcript shall note whether that student has earned a certificate of individual achievement.
Nothing in this section shall be construed to deny a student the right to participation in the high school assessment system as defined in section 101 of this act, and, upon successfully meeting the high school standard, receipt of the certificate of academic achievement.
NEW SECTION. Sec. 105. A new section is added to chapter 28A.180 RCW to read as follows:
The office of the superintendent of public instruction and the state board for community and technical colleges shall jointly develop a program plan to provide a continuing education option for students who are eligible for the state transitional bilingual instruction program and who need more time to develop language proficiency but who are more age-appropriately suited for a postsecondary learning environment than for a high school. In developing the plan, the superintendent of public instruction shall consider options to formally recognize the accomplishments of students in the state transitional bilingual instruction program who have completed the twelfth grade but have not earned a certificate of academic achievement. By December 1, 2004, the agencies shall report to the legislative education and fiscal committees with any recommendations for legislative action and any resources necessary to implement the plan.
Sec. 106. RCW 28A.195.010 and 1993 c 336 s 1101 are each amended to read as follows:
CERTIFICATE OF ACADEMIC ACHIEVEMENT - PRIVATE SCHOOL STUDENTS EXEMPTED. The legislature hereby recognizes that private schools should be subject only to those minimum state controls necessary to insure the health and safety of all the students in the state and to insure a sufficient basic education to meet usual graduation requirements. The state, any agency or official thereof, shall not restrict or dictate any specific educational or other programs for private schools except as hereinafter in this section provided.
Principals of private schools or superintendents of private school districts shall file each year with the state superintendent of public instruction a statement certifying that the minimum requirements hereinafter set forth are being met, noting any deviations. After review of the statement, the state superintendent will notify schools or school districts of those deviations which must be corrected. In case of major deviations, the school or school district may request and the state board of education may grant provisional status for one year in order that the school or school district may take action to meet the requirements. The state board of education shall not require private school students to meet the student learning goals, obtain a certificate of academic achievement, or a certificate of individual achievement to graduate from high school, to master the essential academic learning requirements, or to be assessed pursuant to section 101 of this act. However, private schools may choose, on a voluntary basis, to have their students master these essential academic learning requirements, take the assessments, and obtain a certificate of academic achievement or a certificate of individual achievement. Minimum requirements shall be as follows:
(1) The minimum school year for instructional purposes shall consist of no less than one hundred eighty school days or the equivalent in annual minimum program hour offerings as prescribed in RCW 28A.150.220.
(2) The school day shall be the same as that required in RCW 28A.150.030 and 28A.150.220, except that the percentages of total program hour offerings as prescribed in RCW 28A.150.220 for basic skills, work skills, and optional subjects and activities shall not apply to private schools or private sectarian schools.
(3) All classroom teachers shall hold appropriate Washington state certification except as follows:
(a) Teachers for religious courses or courses for which no counterpart exists in public schools shall not be required to obtain a state certificate to teach those courses.
(b) In exceptional cases, people of unusual competence but without certification may teach students so long as a certified person exercises general supervision. Annual written statements shall be submitted to the office of the superintendent of public instruction reporting and explaining such circumstances.
(4) An approved private school may operate an extension program for parents, guardians, or persons having legal custody of a child to teach children in their custody. The extension program shall require at a minimum that:
(a) The parent, guardian, or custodian be under the supervision of an employee of the approved private school who is certified under chapter 28A.410 RCW;
(b) The planning by the certified person and the parent, guardian, or person having legal custody include objectives consistent with this subsection and subsections (1), (2), (5), (6), and (7) of this section;
(c) The certified person spend a minimum average each month of one contact hour per week with each student under his or her supervision who is enrolled in the approved private school extension program;
(d) Each student's progress be evaluated by the certified person; and
(e) The certified employee shall not supervise more than thirty students enrolled in the approved private school's extension program.
(5) Appropriate measures shall be taken to safeguard all permanent records against loss or damage.
(6) The physical facilities of the school or district shall be adequate to meet the program offered by the school or district: PROVIDED, That each school building shall meet reasonable health and fire safety requirements. ((However, the state board shall not require private school students to meet the student learning goals, obtain a certificate of mastery to graduate from high school, to master the essential academic learning requirements, or to be assessed pursuant to RCW 28A.630.885. However, private schools may choose, on a voluntary basis, to have their students master these essential academic learning requirements, take these assessments, and obtain certificates of mastery.)) A residential dwelling of the parent, guardian, or custodian shall be deemed to be an adequate physical facility when a parent, guardian, or person having legal custody is instructing his or her child under subsection (4) of this section.
(7) Private school curriculum shall include instruction of the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of appreciation of art and music, all in sufficient units for meeting state board of education graduation requirements.
(8) Each school or school district shall be required to maintain up-to-date policy statements related to the administration and operation of the school or school district.
All decisions of policy, philosophy, selection of books, teaching material, curriculum, except as in subsection (7) ((above)) of this section provided, school rules and administration, or other matters not specifically referred to in this section, shall be the responsibility of the administration and administrators of the particular private school involved.
Sec. 107. RCW 28A.200.010 and 1995 c 52 s 1 are each amended to read as follows:
CERTIFICATE OF ACADEMIC ACHIEVEMENT - STUDENTS IN HOME-BASED INSTRUCTION EXEMPTED. (1) Each parent whose child is receiving home- based instruction under RCW 28A.225.010(4) shall have the duty to:
(((1))) (a) File annually a signed declaration of intent that he or she is planning to cause his or her child to receive home-based instruction. The statement shall include the name and age of the child, shall specify whether a certificated person will be supervising the instruction, and shall be written in a format prescribed by the superintendent of public instruction. Each parent shall file the statement by September 15th of the school year or within two weeks of the beginning of any public school quarter, trimester, or semester with the superintendent of the public school district within which the parent resides or the district that accepts the transfer, and the student shall be deemed a transfer student of the nonresident district. Parents may apply for transfer under RCW 28A.225.220;
(((2))) (b) Ensure that test scores or annual academic progress assessments and immunization records, together with any other records that are kept relating to the instructional and educational activities provided, are forwarded to any other public or private school to which the child transfers. At the time of a transfer to a public school, the superintendent of the local school district in which the child enrolls may require a standardized achievement test to be administered and shall have the authority to determine the appropriate grade and course level placement of the child after consultation with parents and review of the child's records; and
(((3))) (c) Ensure that a standardized achievement test approved by the state board of education is administered annually to the child by a qualified individual or that an annual assessment of the student's academic progress is written by a certificated person who is currently working in the field of education. The state board of education shall not require these children to meet the student learning goals, master the essential academic learning requirements, to take the assessments, or to obtain a certificate of ((mastery pursuant to RCW 28A.630.885)) academic achievement or a certificate of individual achievement pursuant to sections 101 and 104 of this act. The standardized test administered or the annual academic progress assessment written shall be made a part of the child's permanent records. If, as a result of the annual test or assessment, it is determined that the child is not making reasonable progress consistent with his or her age or stage of development, the parent shall make a good faith effort to remedy any deficiency.
(2) Failure of a parent to comply with the duties in this section shall be deemed a failure of such parent's child to attend school without valid justification under RCW 28A.225.020. Parents who do comply with the duties set forth in this section shall be presumed to be providing home-based instruction as set forth in RCW 28A.225.010(4).
Sec. 108. RCW 28A.305.220 and 1984 c 178 s 1 are each amended to read as follows:
DEVELOPMENT OF STANDARDIZED HIGH SCHOOL TRANSCRIPTS--SCHOOL DISTRICTS TO INFORM STUDENTS OF IMPORTANCE. (1) The state board of education shall develop for use by all public school districts a standardized high school transcript. The state board of education shall establish clear definitions for the terms "credits" and "hours" so that school programs operating on the quarter, semester, or trimester system can be compared.
(2) The standardized high school transcript shall include the following information:
(a) The highest scale score and level achieved in each content area on the high school Washington assessment of student learning or other high school measures successfully completed by the student as provided by sections 101 and 104 of this act;
(b) All scholar designations as provided by section 101 of this act;
(c) A notation of whether the student has earned a certificate of individual achievement or a certificate of academic achievement by means of the Washington assessment of student learning or by an alternative assessment.
(3) Transcripts are important documents to students who will apply for admission to postsecondary institutions of higher education. Transcripts are also important to students who will seek employment upon or prior to graduation from high school. It is recognized that student transcripts may be the only record available to employers in their decision-making processes regarding prospective employees. The superintendent of public instruction shall require school districts to inform annually all high school students that prospective employers may request to see transcripts and that the prospective employee's decision to release transcripts can be an important part of the process of applying for employment.
NEW SECTION. Sec. 109. The superintendent of public instruction shall study the effect of the certificate of academic achievement and the certificate of individual achievement requirements on dropout rates and report the findings to the legislature and the academic achievement and accountability commission by October 1, 2010. The superintendent of public instruction shall include any related recommendations for decreasing the dropout rate in the report.
PART 2
ESSENTIAL ACADEMIC LEARNING REQUIREMENTS AND ASSESSMENTS
NEW SECTION. Sec. 201. ESSENTIAL ACADEMIC LEARNING REQUIREMENTS AND ASSESSMENTS - REPORT REQUIRED ON ASSESSMENTS AND OTHER OPTIONS FOR MEETING THE ESSENTIAL ACADEMIC LEARNING REQUIREMENTS IN SOCIAL STUDIES, THE ARTS, AND HEALTH AND FITNESS. (1) A comprehensive education involves the entire domain of human knowledge to participate productively in our democratic society. All Washington students should have some appreciation of mathematical and scientific principles and structures, a broad awareness of social, economic, and political systems and developments and an appreciation of the arts and humanities, and the elements of good personal health.
(2) By September 1, 2004, the superintendent of public instruction, after consultation with parents, practicing classroom teachers and principals, education organizations, and other interested parties, shall report to the governor, the state board of education, and the house of representatives and senate education committees regarding state classroom-based assessment models, other assessment options, and/or other strategies approved by the superintendent of public instruction to assure continued support and attention to the essential academic learning requirements in social studies, the arts, and health and fitness in elementary, middle, and high schools. The options shall include a recommended timeline to implement those recommendations the legislature adopts. The options may include recommendations on the design, administration, scoring, and reporting of classroom or performance-based assessments for these content areas. The report shall outline progress regarding:
(a) The development of the state classroom-based assessment models, other assessments, and/or other strategies;
(b) Plans for staff development; and
(c) The funding resources necessary to fully implement the recommendations.
(3) All classroom-based assessment models shall be designed in consultation with practicing classroom teachers.
(4) The classroom-based assessment models, other assessment options, and/or other strategies shall be available for voluntary use beginning with the 2005-06 school year.
NEW SECTION. Sec. 202. ESSENTIAL ACADEMIC LEARNING REQUIREMENTS AND ASSESSMENTS - REPORTS REQUIRED ON THE ESSENTIAL ACADEMIC LEARNING REQUIREMENTS, THE RESULTS OF INDEPENDENT RESEARCH ON ALIGNMENT AND TECHNICAL REVIEW, AND THE FEASIBILITY OF RETURNING ASSESSMENT BEFORE THE END OF THE SCHOOL YEAR. (1) Subject to available funding, the superintendent of public instruction shall report to the governor, the state board of education, and the house of representatives and senate education committees on the results of independent research on the alignment and technical review of the reading, writing, and science content areas of the Washington assessment of student learning for elementary and middle grades and for high school. The review shall be comparable to the research conducted on the mathematics assessments and shall be reported in accordance with the following timelines:
(a) In the content areas of reading and writing by November 1, 2005; and
(b) In the content area of science by November 1, 2006.
(2) The superintendent of public instruction shall report to the governor, the state board of education, and the house of representatives and senate education committees on the review, prioritization, and identification of the essential academic learning requirements and grade level content expectations in accordance with the following timelines:
(a) In the content areas of reading, writing, and mathematics by November 1, 2004;
(b) In the content area of science by November 1, 2005;
(c) In the content area of social studies by November 1, 2008;
(d) In the content area of the arts by November 1, 2008; and
(e) In the content area of health and fitness by November 1, 2009.
(3) By November 30, 2004, the superintendent of public instruction shall report to the governor, the state board of education, and the house of representatives and senate education committees on the feasibility of returning the results of the Washington assessment of student learning, including individual student performance information, to schools, teachers, and parents in the same school year in which the assessment is administered.
NEW SECTION. Sec. 203. A new section is added to chapter 28A.230 RCW to read as follows:
ESSENTIAL ACADEMIC LEARNING REQUIREMENTS AND ASSESSMENTS. By the end of the 2008-09 school year, school districts shall have in place in elementary schools, middle schools, and high schools assessments or other strategies to assure that students have an opportunity to learn the essential academic learning requirements in social studies, the arts, and health and fitness. Beginning with the 2008-09 school year, school districts shall annually submit an implementation verification report to the office of the superintendent of public instruction.
Sec. 204. RCW 28A.655.070 and 1999 c 388 s 501 are each amended to read as follows:
ESSENTIAL ACADEMIC LEARNING REQUIREMENTS AND ASSESSMENTS - DUTIES OF THE SUPERINTENDENT OF PUBLIC INSTRUCTION. (1) The superintendent of public instruction shall develop essential academic learning requirements that identify the knowledge and skills all public school students need to know and be able to do based on the student learning goals in RCW 28A.150.210, develop student assessments, and implement the accountability recommendations and requests regarding assistance, rewards, and recognition of the academic achievement and accountability commission.
(2) The superintendent of public instruction shall:
(a) Periodically revise the essential academic learning requirements, as needed, based on the student learning goals in RCW 28A.150.210. Goals one and two shall be considered primary. To the maximum extent possible, the superintendent shall integrate goal four and the knowledge and skill areas in the other goals in the essential academic learning requirements; and
(b) Review and prioritize the essential academic learning requirements and identify, with clear and concise descriptions, the grade level content expectations to be assessed on the Washington assessment of student learning and used for state or federal accountability purposes. The review, prioritization, and identification shall result in more focus and targeting with an emphasis on depth over breadth in the number of grade level content expectations assessed at each grade level. Grade level content expectations shall be articulated over the grades as a sequence of expectations and performances that are logical, build with increasing depth after foundational knowledge and skills are acquired, and reflect, where appropriate, the sequential nature of the discipline. The office of the superintendent of public instruction, within seven working days, shall post on its web site any grade level content expectations provided to an assessment vendor for use in constructing the Washington assessment of student learning.
(3) In consultation with the academic achievement and accountability commission, the superintendent of public instruction shall maintain and continue to develop and revise a statewide academic assessment system in the content areas of reading, writing, mathematics, and science for use in the elementary, middle, and high school years designed to determine if each student has mastered the essential academic learning requirements identified in subsection (1) of this section. School districts shall administer the assessments under guidelines adopted by the superintendent of public instruction. The academic assessment system shall include a variety of assessment methods, including criterion-referenced and performance-based measures.
(4) If the superintendent proposes any modification to the essential academic learning requirements or the statewide assessments, then the superintendent shall, upon request, provide opportunities for the education committees of the house of representatives and the senate to review the assessments and proposed modifications to the essential academic learning requirements before the modifications are adopted.
(5)(a) The assessment system shall be designed so that the results under the assessment system are used by educators as tools to evaluate instructional practices, and to initiate appropriate educational support for students who have not mastered the essential academic learning requirements at the appropriate periods in the student's educational development.
(((5))) (b) Assessments measuring the essential academic learning requirements in the content area of science shall be available for mandatory use in middle schools and high schools by the 2003-04 school year and for mandatory use in elementary schools by the 2004-05 school year unless the legislature takes action to delay or prevent implementation of the assessment.
(6) By September 2007, the results for reading and mathematics shall be reported in a format that will allow parents and teachers to determine the academic gain a student has acquired in those content areas from one school year to the next.
(7) To assist parents and teachers in their efforts to provide educational support to individual students, the superintendent of public instruction shall provide as much individual student performance information as possible within the constraints of the assessment system's item bank. The superintendent shall also provide to school districts:
(a) Information on classroom-based and other assessments that may provide additional achievement information for individual students; and
(b) A collection of diagnostic tools that educators may use to evaluate the academic status of individual students. The tools shall be designed to be inexpensive, easily administered, and quickly and easily scored, with results provided in a format that may be easily shared with parents and students.
(8) To the maximum extent possible, the superintendent shall integrate knowledge and skill areas in development of the assessments.
(((6))) (9) Assessments for goals three and four of RCW 28A.150.210 shall be integrated in the essential academic learning requirements and assessments for goals one and two.
(((7))) (10) The superintendent shall develop assessments that are directly related to the essential academic learning requirements, and are not biased toward persons with different learning styles, racial or ethnic backgrounds, or on the basis of gender.
(((8))) (11) The superintendent shall consider methods to address the unique needs of special education students when developing the assessments under this section.
(((9))) (12) The superintendent shall consider methods to address the unique needs of highly capable students when developing the assessments under this section.
(13) The superintendent shall post on the superintendent's web site lists of resources and model assessments in social studies, the arts, and health and fitness.
Sec. 205. RCW 28A.655.030 and 2002 c 37 s 1 are each amended to read as follows:
ESSENTIAL ACADEMIC LEARNING REQUIREMENTS AND ASSESSMENTS - DUTIES OF THE ACADEMIC ACHIEVEMENT AND ACCOUNTABILITY COMMISSION. The powers and duties of the academic achievement and accountability commission shall include, but are not limited to the following:
(1) For purposes of statewide accountability, the commission shall:
(a) Adopt and revise performance improvement goals in reading, writing, science, and mathematics by subject and grade level as the commission deems appropriate to improve student learning, once assessments in these subjects are required statewide. The goals shall be consistent with student privacy protection provisions of RCW 28A.655.090(7) and shall not conflict with requirements contained in Title I of the federal elementary and secondary education act of 1965, as amended. The goals may be established for all students, economically disadvantaged students, limited English proficient students, students with disabilities, and students from disproportionately academically underachieving racial and ethnic backgrounds. The commission may establish school and school district goals addressing high school graduation rates and dropout reduction goals for students in grades seven through twelve. ((The goals shall be in addition to any goals adopted in RCW 28A.655.050. The commission may also revise any goal adopted in RCW 28A.655.050.)) The commission shall adopt the goals by rule. However, before each goal is implemented, the commission shall present the goal to the education committees of the house of representatives and the senate for the committees' review and comment in a time frame that will permit the legislature to take statutory action on the goal if such action is deemed warranted by the legislature;
(b) Identify the scores students must achieve in order to meet the standard on the Washington assessment of student learning and, for high school students, to obtain a certificate of academic achievement. The commission shall also determine student scores that identify levels of student performance below and beyond the standard. The commission shall consider the incorporation of the standard error of measurement into the decision regarding the award of the certificates. The commission shall set such performance standards and levels in consultation with the superintendent of public instruction and after consideration of any recommendations that may be developed by any advisory committees that may be established for this purpose. The initial performance standards and any changes recommended by the commission in the performance standards for the tenth grade assessment shall be presented to the education committees of the house of representatives and the senate by November 30th of the school year in which the changes will take place to permit the legislature to take statutory action before the changes are implemented if such action is deemed warranted by the legislature. The legislature shall be advised of the initial performance standards and any changes made to the elementary level performance standards and the middle school level performance standards;
(c) Adopt objective, systematic criteria to identify successful schools and school districts and recommend to the superintendent of public instruction schools and districts to be recognized for two types of accomplishments, student achievement and improvements in student achievement. Recognition for improvements in student achievement shall include consideration of one or more of the following accomplishments:
(i) An increase in the percent of students meeting standards. The level of achievement required for recognition may be based on the achievement goals established by the legislature ((under RCW 28A.655.050)) and by the commission under (a) of this subsection;
(ii) Positive progress on an improvement index that measures improvement in all levels of the assessment; and
(iii) Improvements despite challenges such as high levels of mobility, poverty, English as a second language learners, and large numbers of students in special populations as measured by either the percent of students meeting the standard, or the improvement index.
When determining the baseline year or years for recognizing individual schools, the commission may use the assessment results from the initial years the assessments were administered, if doing so with individual schools would be appropriate;
(d) Adopt objective, systematic criteria to identify schools and school districts in need of assistance and those in which significant numbers of students persistently fail to meet state standards. In its deliberations, the commission shall consider the use of all statewide mandated criterion-referenced and norm-referenced standardized tests;
(e) Identify schools and school districts in which state intervention measures will be needed and a range of appropriate intervention strategies, beginning no earlier than June 30, 2001, and after the legislature has authorized a set of intervention strategies. Beginning no earlier than June 30, 2001, and after the legislature has authorized a set of intervention strategies, at the request of the commission, the superintendent shall intervene in the school or school district and take corrective actions. This chapter does not provide additional authority for the commission or the superintendent of public instruction to intervene in a school or school district;
(f) Identify performance incentive systems that have improved or have the potential to improve student achievement;
(g) Annually review the assessment reporting system to ensure fairness, accuracy, timeliness, and equity of opportunity, especially with regard to schools with special circumstances and unique populations of students, and a recommendation to the superintendent of public instruction of any improvements needed to the system;
(h) Annually report by December 1st to the legislature, the governor, the superintendent of public instruction, and the state board of education on the progress, findings, and recommendations of the commission. The report may include recommendations of actions to help improve student achievement;
(i) By December 1, 2000, and by December 1st annually thereafter, report to the education committees of the house of representatives and the senate on the progress that has been made in achieving ((the reading goal under RCW 28A.655.050 and any additional)) goals adopted by the commission;
(j) Coordinate its activities with the state board of education and the office of the superintendent of public instruction;
(k) Seek advice from the public and all interested educational organizations in the conduct of its work; and
(l) Establish advisory committees, which may include persons who are not members of the commission;
(2) Holding meetings and public hearings, which may include regional meetings and hearings;
(3) Hiring necessary staff and determining the staff's duties and compensation. However, the office of the superintendent of public instruction shall provide staff support to the commission until the commission has hired its own staff, and shall provide most of the technical assistance and logistical support needed by the commission thereafter. The office of the superintendent of public instruction shall be the fiscal agent for the commission. The commission may direct the office of the superintendent of public instruction to enter into subcontracts, within the commission's resources, with school districts, teachers, higher education faculty, state agencies, business organizations, and other individuals and organizations to assist the commission in its deliberations; and
(4) Receiving per diem and travel allowances as permitted under RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 206. ESSENTIAL ACADEMIC LEARNING REQUIREMENTS AND ASSESSMENTS - RCW 28A.655.060 REPEALED. RCW 28A.655.060 (Essential academic learning requirements--Statewide academic assessment system-- Certificate of mastery--Educational pathways--Accountability--Reports and recommendations--Washington commission on student learning, creation and expiration) and 2001 2nd sp.s. c 20 s 1, 1999 c 373 s 501, 1998 c 225 s 1, & 1997 c 268 s 1 are each repealed.
PART 3
MISCELLANEOUS
NEW SECTION. Sec. 301. Part headings and captions used in this act are not any part of the law.
NEW SECTION. Sec. 302. 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. 303. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Johnson and McAuliffe to Third Engrossed Substitute House Bill No. 2195.
The motion by Senator Johnson carried and the striking amendment by Senators Johnson and McAuliffe was adopted by voice vote.
There being no objection, the following title amendment was adopted:
On page 1, line 1 of the title, after "standards;" strike the remainder of the title and insert "amending RCW 28A.230.090, 28A.195.010, 28A.200.010, 28A.305.220, 28A.655.070, and 28A.655.030; adding a new section to chapter 28A.655 RCW; adding a new section to chapter 28A.155 RCW; adding a new section to chapter 28A.180 RCW; adding a new section to chapter 28A.230 RCW; creating new sections; repealing RCW 28A.655.060; and declaring an emergency."
MOTION
On motion of Senator Johnson, the rules were suspended, Third Engrossed Substitute House Bill No. 2195, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Johnson, McAuliffe, Carlson, Hargrove, Pflug, Rasmussen, Eide, Honeyford, Jacobsen, Roach, Haugen, Thibaudeau and Finkbeiner spoke in favor of passage of the bill.
Senator Franklin spoke against passage of the bill.
MOTION
Senator Esser moved that further consideration of Third Engrossed Substitute House Bill No. 2195 was deferred and that the bill hold it's place on the third reading calendar.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1691, by House Committee on Commerce & Labor (originally sponsored by Representatives Grant, Conway, Campbell, Wood, Kenney, Morrell, Crouse, Rockefeller, Holmquist, McCoy and Pflug)
Authorizing advanced registered nurse practitioners to examine, diagnose, and treat injured workers covered by industrial insurance.
The bill was read the second time.
MOTION
On motion of Senator Honeyford, the rules were suspended, Substitute House Bill No. 1691 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Honeyford and Keiser spoke in favor of passage of the bill.
MOTION
On motion of Senator Eide, Senators Haugen and Brown were excused.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1691.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1691 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Benton, Berkey, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 44.
Excused: Senators Brown, Haugen, McCaslin, Schmidt and Shin - 5.
SUBSTITUTE HOUSE BILL NO. 1691, 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
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2354, by House Committee on Health Care (originally sponsored by Representatives Kristiansen, McMahan, Newhouse, Roach, McDonald, Sullivan, Ahern, G. Simpson, Pearson, Morrell, Bailey and Benson)
Allowing for a discount on medicare supplement insurance policies when premiums are deposited automatically. Revised for 1st Substitute: Allowing for a discount on medicare supplement insurance policies when premiums are deposited automatically. (REVISED FOR ENGROSSED: Concerning rates for a medicare supplement insurance policy.)
The bill was read the second time.
MOTION
On motion of Senator Murray, Senator Johnson was excused.
Senator Esser moved that further consideration of Engrossed Substitute House Bill No. 2354 be deferred and that the bill hold it's place on the second reading calendar.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2849, by House Committee on Criminal Justice & Corrections (originally sponsored by Representatives Kagi, Cody, Campbell, Bush and Schual-Berke; by request of Department of Health)
Eliminating credentialing barriers for sex offender treatment providers.
The bill was read the second time.
MOTION
On motion of Senator Stevens, the rules were suspended, Substitute House Bill No. 2849 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Stevens spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 2849.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2849 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Benton, Berkey, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 44.
Excused: Senators Brown, Haugen, McCaslin, Schmidt and Shin - 5.
SUBSTITUTE HOUSE BILL NO. 2849, 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 Engrossed Substitute House Bill No. 2354.
MOTION
Senator Deccio moved that the following amendment by Senator Deccio be adopted:
0n page 2, after line 16, insert the following:
"NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
Senator Deccio spoke in favor of adoption of the amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Deccio on page 2, line 16 to Engrossed Substitute House Bill No. 2354.
The motion by Senator Deccio carried and the amendment was adopted by voice vote.
There being no objection, the following title amendment was adopted:
On page 1, on line 2 of the title, after "policy;", strike the remainder of the title and insert "amending RCW 48.66.045; and declaring an emergency."
MOTION
On motion of Senator Deccio, the rules were suspended, Engrossed Substitute House Bill No. 2354, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 2354, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2354, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Benton, Berkey, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 44.
Excused: Senators Brown, Johnson, McCaslin, Schmidt and Shin - 5.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2354, as amended by the Senate, 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
HOUSE BILL NO. 2817, by Representatives Hatfield and Newhouse
Regulating insurance investments in limited liability companies formed to develop real property.
The bill was read the second time.
MOTION
On motion of Senator Benton, the rules were suspended, House Bill No. 2817 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Benton and Berkey spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of House Bill No. 2817.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2817 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 1; Absent, 0; Excused, 5.
Voting yea: Senators Benton, Berkey, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 43.
Voting nay: Senator Poulsen - 1.
Excused: Senators Brown, Johnson, McCaslin, Schmidt and Shin - 5.
HOUSE BILL NO. 2817, 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
SUBSTITUTE HOUSE BILL NO. 3051, by House Committee on Juvenile Justice & Family Law (originally sponsored by Representatives Pettigrew, Cairnes, Santos, McCoy, Sump, Linville, Buck, Chase and Upthegrove)
Revising notice provisions for proceedings involving Indian children.
The bill was read the second time.
MOTION
On motion of Senator Stevens, the rules were suspended, Substitute House Bill No. 3051 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Stevens spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 3051.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 3051 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Benton, Berkey, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 44.
Excused: Senators Brown, Johnson, McCaslin, Schmidt and Shin - 5.
SUBSTITUTE HOUSE BILL NO. 3051, 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
HOUSE JOINT MEMORIAL NO. 4007, by Representatives Hinkle, Chopp, Haigh, Woods, Dunshee, Kirby, Boldt, O'Brien, Armstrong, DeBolt, Ahern, Newhouse, G. Simpson, Holmquist, Cairnes, Sump, Pearson, Shabro, Delvin, Hudgins, Linville, Conway, Skinner, Sullivan and Kenney
Requesting the issuance of an American coalminers stamp.
The memorial was read the second time.
MOTION
Senator Morton moved that the following committee amendment by the Committee on Natural Resources, Energy & Water be adopted:
Beginning on page 1, line 10, strike all material through "Washington." on page 3, line 19 and insert the following:
"WHEREAS, Since the birth of this country, our nation owes our coal miners a debt we could never begin to repay for the difficult and dangerous job they perform so we could have the fuel we need to operate our industries and heat our homes; and
WHEREAS, The energy needs of communities throughout the nation have been met due to the hard work and dedication of American coal miners; and
WHEREAS, Millions of workers toiled in the nation's coal mines over the last century, risking both life and limb to fuel the nation's economic expansion, and through their manual labor made possible the technological conveniences of modern American life, though those contributions to the nation's welfare are generally unknown to the public; and
WHEREAS, During the last century, over 100,000 coal miners have been killed in mining accidents in the nation's coal mines, and 3,500,000 coal miners have suffered nonfatal injuries; and
WHEREAS, 100,000 coal miners have contracted Black Lung Disease as a direct result of their toil in the nation's coal mines; and
WHEREAS, Coal provides 50 percent of the nation's electricity and is an essential fuel for industries such as steel, cement, chemical, food, and paper; and
WHEREAS, Coal miners keep the nation supplied with an energy resource that produces electricity for the lowest cost, when compared to fuels other than nuclear, and which makes possible the country's unmatched productivity and prosperity; and
WHEREAS, Coal miners provide a vital pool of labor with the expertise to produce energy supplies from vast national coal reserves, which serves to buffer the country from a dangerous dependence on foreign energy fuels; and
WHEREAS, The United States has a demonstrated coal reserve of more than 500,000,000,000 tons, with an estimated 275,000,000,000 tons of recoverable reserves which, at current production rates, represents about 275 years of recoverable coal reserves; and
WHEREAS, These coal reserves represent about 95 percent of all fossil fuel reserves in the United States, about one-fourth of the world's known coal reserves; and
WHEREAS, Approximately two-thirds of all coal mined in the United States is transported by rail, making coal the largest single source of freight revenue for United States' railroads; and
WHEREAS, Transportation by railroad provided jobs for thousands of workers who built the infrastructure, maintained it, and loaded and unloaded coal; and
WHEREAS, It would be proper and fitting for our nation to recognize our coal miners, both past and present, for their contributions to this nation; and
WHEREAS, Coal mining continues to be the economic engine for many communities, providing jobs to areas with little economic diversity; and
WHEREAS, Coal mining provides an economic benefit far beyond its direct revenue, including billions of dollars in economic output and household earnings and hundreds of thousands of jobs in other industries;
NOW, THEREFORE, Your Memorialists respectfully pray that the United States Postal service issue a postage stamp commemorating American coal miners, which would hold the promise of illustrating a colorful and historically rich segment of society for the benefit of school children, stamp collectors, educators, and the public.
BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable George W. Bush, President of the United States, the United States Postmaster General, the Citizens' Stamp Advisory Committee of the United States Postal Service, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington."
The President declared the question before the Senate to be the adoption of the committee amendment by the Committee on Natural Resources, Energy & Water to House Joint Memorial No. 4007.
The motion by Senator Morton carried and the committee amendment was adopted by voice vote.
MOTION
On motion of Senator Morton, the rules were suspended, House Joint Memorial No. 4007, as amended by the Senate, was advanced to third reading, the second reading considered the third and the memorial was placed on final passage.
Senators Morton, Regala and Franklin spoke in favor of passage of the memorial.
The President declared the question before the Senate to be the final passage of House Joint Memorial No. 4007, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Joint Memorial No. 4007, as amended by the Senate, and the memorial passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Benton, Berkey, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 44.
Excused: Senators Brown, Johnson, McCaslin, Schmidt and Shin - 5.
HOUSE JOINT MEMORIAL NO. 4007, as amended by the Senate, having received the constitutional majority, was declared passed.
SECOND READING
HOUSE BILL NO. 2727, by Representatives D. Simpson, Benson and Schual-Berke; by request of Insurance Commissioner
Requiring all insurers to file credit based rating plans.
The bill was read the second time.
MOTION
Senator Benton moved that the following committee striking amendment by the Committee on Financial Services, Insurance & Housing be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 48.19.035 and 2002 c 360 s 2 are each amended to read as follows:
(1) For the purposes of this section:
(a) "Affiliate" has the same meaning as defined in RCW 48.31B.005(1).
(b) "Consumer" means an individual policyholder or applicant for insurance.
(((b))) (c) "Credit history" means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's creditworthiness, credit standing, or credit capacity that is used or expected to be used, or collected in whole or in part, for the purpose of serving as a factor in determining personal insurance premiums or eligibility for coverage.
(((c))) (d) "Insurance score" means a number or rating that is derived from an algorithm, computer application, model, or other process that is based in whole or in part on credit history.
(((d))) (e) "Personal insurance" means:
(i) Private passenger automobile coverage;
(ii) Homeowner's coverage, including mobile homeowners, manufactured homeowners, condominium owners, and renter's coverage;
(iii) Dwelling property coverage;
(iv) Earthquake coverage for a residence or personal property;
(v) Personal liability and theft coverage;
(vi) Personal inland marine coverage; and
(vii) Mechanical breakdown coverage for personal auto or home appliances.
(2)(a) Credit history shall not be used to determine personal insurance rates, premiums, or eligibility for coverage unless the insurance scoring models are filed with the commissioner. Insurance scoring models include all attributes and factors used in the calculation of an insurance score. RCW 48.19.040(5) does not apply to any information filed under this subsection, and the information shall be withheld from public inspection and kept confidential by the commissioner. All information filed under this subsection shall be considered trade secrets under RCW 48.02.120(3). Information filed under this subsection may be made public by the commissioner for the sole purpose of enforcement actions taken by the commissioner.
(b) Each insurer that uses credit history or an insurance score to determine personal insurance rates, premiums, or eligibility for coverage must file all rates and rating plans for that line of coverage with the commissioner. This requirement applies equally to a single insurer and two or more affiliated insurers. RCW 48.19.040(5) applies to information filed under this subsection except that any eligibility rules or guidelines shall be withheld from public inspection under RCW 48.02.120(3) from the date that the information is filed and after it becomes effective.
(3) Insurers shall not use the following types of credit history to calculate a personal insurance score or determine personal insurance premiums or rates:
(a) The absence of credit history or the inability to determine the consumer's credit history, unless the insurer has filed actuarial data segmented by demographic factors in a manner prescribed by the commissioner that demonstrates compliance with RCW 48.19.020;
(b) The number of credit inquiries;
(c) Credit history or an insurance score based on collection accounts identified with a medical industry code;
(d) The initial purchase or finance of a vehicle or house that adds a new loan to the consumer's existing credit history, if evident from the consumer report; however, an insurer may consider the bill payment history of any loan, the total number of loans, or both;
(e) The consumer's use of a particular type of credit card, charge card, or debit card; or
(f) The consumer's total available line of credit; however, an insurer may consider the total amount of outstanding debt in relation to the total available line of credit.
(4) If a consumer is charged higher premiums due to disputed credit history, the insurer shall rerate the policy retroactive to the effective date of the current policy term. As rerated, the consumer shall be charged the same premiums they would have been charged if accurate credit history was used to calculate an insurance score. This subsection applies only if the consumer resolves the dispute under the process set forth in the fair credit reporting act and notifies the insurer in writing that the dispute has been resolved.
(5) The commissioner may adopt rules to implement this section.
(6) This section applies to all personal insurance policies issued or renewed on or after June 30, 2003."
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Financial Services, Insurance & Housing to House Bill No. 2727.
The motion by Senator Benton carried and the committee 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 "plans;" strike the remainder of the title and insert "and amending RCW 48.19.035."
MOTION
On motion of Senator Benton, the rules were suspended, House Bill No. 2727, as amended by the Senate, 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.
The President declared the question before the Senate to be the final passage of House Bill No. 2727, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2727, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Benton, Berkey, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 44.
Excused: Senators Brown, Johnson, McCaslin, Schmidt and Shin - 5.
HOUSE BILL NO. 2727, as amended by the Senate, 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
HOUSE BILL NO. 2781, by Representatives Upthegrove, Schindler, Jarrett, Clibborn and Schual-Berke
Changing provisions relating to state agency review of development regulations. Revised for 1st Substitute: Changing provisions relating to expedited state agency review of development regulations.
The bill was read the second time.
MOTION
On motion of Senator Mulliken, the rules were suspended, House Bill No. 2781 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Mulliken and Kline spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of House Bill No. 2781.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2781 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 1; Absent, 0; Excused, 5.
Voting yea: Senators Benton, Berkey, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 43.
Voting nay: Senator Fairley - 1.
Excused: Senators Brown, Johnson, McCaslin, Schmidt and Shin - 5.
HOUSE BILL NO. 2781, 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 reverted to the fourth order of business.
MESSAGES FROM THE HOUSE
March 3, 2004
MR. PRESIDENT:
The House has failed the following bill:
SUBSTITUTE SENATE BILL NO. 6454,
and the same is herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
March 3, 2004
MR. PRESIDENT:
The Speaker has signed:
SUBSTITUTE HOUSE BILL NO. 2462,
SUBSTITUTE HOUSE BILL NO. 2507,
SUBSTITUTE HOUSE BILL NO. 3158,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE HOUSE BILL NO. 2462,
SUBSTITUTE HOUSE BILL NO. 2507,
SUBSTITUTE HOUSE BILL NO. 3158,
MOTION
At 12:10 p.m., on motion of Senator Esser, the Senate was declared to be at ease, subject to the Call of the President.
The Senate was called to order at 2:09 p.m. by President Owen.
MOTION
On motion of Senator Esser, the Senate advanced to the sixth order of business.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2635, by House Committee on Trade & Economic Development (originally sponsored by Representatives Pettigrew, Skinner, Jarrett, Clibborn, McDonald, Veloria, Anderson, Chase, Morrell and Rockefeller)
Authorizing port districts to provide consulting services. Revised for 1st Substitute: Authorizing port districts to provide limited consulting services.
The bill was read the second time.
MOTION
Senator Sheldon, T. moved that the following committee striking amendment by the Committee on Economic Development be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 53.08 RCW to read as follows:
A port district may provide advisory consulting services for compensation on matters within the scope of this title or Title 14 RCW. A port district may provide these services only to other public agencies and governments, including foreign governments and government-sponsored organizations. A port district providing consulting services must create and maintain an open roster of Washington firms interested in bidding on opportunities generated as a result.
By enacting this legislation, the legislature intends to enhance the ability of Washington port districts to facilitate economic opportunities for the benefit of Washington businesses. Nothing in this section is intended to authorize direct competition by port districts with private business.
NEW SECTION. Sec. 2. This act expires July 1, 2008."
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Economic Development to Substitute House Bill No. 2635.
The motion by Senator Sheldon, T. carried and the committee 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 "districts;" strike the remainder of the title and insert "adding a new section to chapter 53.08 RCW; and providing an expiration date."
MOTION
On motion of Senator Sheldon, T., the rules were suspended, Substitute House Bill No. 2635, as amended by the Senate, 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 declared the question before the Senate to be the final passage of Substitute House Bill No. 2635, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2635, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 2; Excused, 2.
Voting yea: Senators Berkey, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Fairley, 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., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 45.
Absent: Senators Benton and Finkbeiner - 2.
Excused: Senators Brown and Shin - 2.
SUBSTITUTE HOUSE BILL NO. 2635, as amended by the Senate, 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. 6233, by Senators Hewitt and Fairley; by request of Governor Locke
Adopting a supplemental capital budget.
MOTION
On motion of Senator Hewitt, Substitute Senate Bill No.6233 was substituted for Senate Bill No. 6233 and the substitute bill was placed on second reading and read the second time.
MOTION
Senator Doumit moved that the following amendment by Senators Doumit and Johnson be adopted:
On page 33, after line 23, insert the following:
"(7) Within the amounts appropriated in this section, in addition to the projects authorized in RCW 39.10.051, during the 2003-05 biennium, three second class school districts may each use the design-build procedure for a demonstration project valued between five million dollars and twelve million dollars for the purpose of constructing an integrated kindergarten through grade twelve single structure school building. The project must receive approval from the school district project review board established under RCW 39.10.115. Second class school districts shall give weight to proposers' experience working on projects valued between five million dollars and twelve million dollars in the evaluation process for the selection of a design-build firm for demonstration projects authorized in this subsection. The superintendent of public instruction shall notify all second class school districts when contracts for three demonstration projects under this section have been entered into."
Senators Doumit and Hewitt spoke in favor of adoption of the amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senators Doumit and Johnson on page 33, line 23 to Substitute Senate Bill No. 6233.
The motion by Senator Doumit carried and the amendment was adopted by voice vote.
MOTION
Senator Sheahan moved that the following amendment by Senators Sheahan, Fairley and Hewitt be adopted:
On page 36, beginning on line 3, strike everything through "(2)" on line 5
Senators Sheahan and Fairley spoke in favor of adoption of the amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senators Sheahan, Fairley and Hewitt on page 36, beginning on line 3 to Substitute Senate Bill No. 6233.
The motion by Senator Sheahan carried and the amendment was adopted by voice vote.
MOTION
On motion of Senator Hewitt, the rules were suspended, Engrossed Substitute Senate Bill No. 6233 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Hewitt, Fairley, Haugen and Jacobsen spoke in favor of passage of the bill.
MOTION
On motion of Senator Murray, Senators Benton and Finkbeiner were excused.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6233.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill N0. 6233 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Berkey, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Fairley, 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., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 45.
Excused: Senators Benton, Brown, Finkbeiner and Shin - 4.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6233, 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.
STATEMENT FOR THE JOURNAL
When the Senate went at ease today for lunch, I was personally told by the Majority Floor Leader that the Senate would return to work at 2:30 p.m. Upon returning at 2:30 p.m., I discovered that the Senate had reconvened earlier that I had been told. As a result, I missed the opportunity to vote on Engrossed Substitute Senate Bill No. 6233. Had the decision to return earlier than 2:30 p.m. been communicated to me or my office, I would have been on the Senate floor and would have voted “Aye” on this bill.
SENATOR DON BENTON, Seventeenth Legislative District
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2660, by House Committee on Judiciary (originally sponsored by Representatives G. Simpson, Carrell, McMahan, Lovick, Kenney and Wallace; by request of Office of the Lieutenant Governor)
Revising provisions involving alcohol-related offenses.
The bill was read the second time.
MOTION
Senator Esser moved that the following committee striking amendment by the Committee on Judiciary be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 10.05.140 and 2003 c 220 s 2 are each amended to read as follows:
As a condition of granting a deferred prosecution petition, the court shall order that the petitioner shall not operate a motor vehicle upon the public highways without a valid operator's license and proof of liability insurance. The amount of liability insurance shall be established by the court at not less than that established by RCW 46.29.490. As a condition of granting a deferred prosecution petition on any alcohol-dependency based case, the court shall also order the installation of an ignition interlock ((or other device)) under RCW 46.20.720 ((for a petitioner who has previously been convicted of a violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance or a petitioner who has been charged with such an offense and had an alcohol concentration of at least .15, or by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration. For any other petitioner, the court may order the installation of an interlock device under RCW 46.20.720(1) as a condition of granting a deferred prosecution petition)). The required periods of use of the interlock shall be not less than the periods provided for in RCW 46.20.720(2) (a), (b), and (c). As a condition of granting a deferred prosecution petition, the court may order the petitioner to make restitution and to pay costs as defined in RCW 10.01.160. To help ensure continued sobriety and reduce the likelihood of reoffense, the court may order reasonable conditions during the period of the deferred prosecution including, but not limited to, attendance at self-help recovery support groups for alcoholism or drugs, complete abstinence from alcohol and all nonprescribed mind-altering drugs, periodic urinalysis or breath analysis, and maintaining law-abiding behavior. The court may terminate the deferred prosecution program upon violation of the deferred prosecution order.
Sec. 2. RCW 46.20.311 and 2003 c 366 s 2 are each amended to read as follows:
(1)(a) The department shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a fixed period of more than one year, except as specifically permitted under RCW 46.20.267, 46.20.342, or other provision of law.
(b) Except for a suspension under RCW 46.20.267, 46.20.289, 46.20.291(5), 46.61.740, or 74.20A.320, whenever the license or driving privilege of any person is suspended by reason of a conviction, a finding that a traffic infraction has been committed, pursuant to chapter 46.29 RCW, or pursuant to RCW 46.20.291 or 46.20.308, the suspension shall remain in effect until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW.
(c) If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reinstatement until enrollment and participation in an approved program has been established and the person is otherwise qualified. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, and the person is required pursuant to RCW 46.20.720 to drive only a motor vehicle equipped with a functioning ignition interlock ((or other biological or technical device)), the department shall determine the person's eligibility for licensing based upon written verification by a company doing business in the state that it has installed the required device on a vehicle owned ((and/or)) or operated by the person seeking reinstatement. If, based upon notification from the interlock provider or otherwise, the department determines that an interlock required under RCW 46.20.720 is no longer installed or functioning as required, the department shall suspend the person's license or privilege to drive. Whenever the license or driving privilege of any person is suspended or revoked as a result of noncompliance with an ignition interlock requirement, the suspension shall remain in effect until the person provides notice issued by a company doing business in the state that a vehicle owned or operated by the person is equipped with a functioning ignition interlock device.
(d) Whenever the license or driving privilege of any person is suspended as a result of certification of noncompliance with a child support order under chapter 74.20A RCW or a residential or visitation order, the suspension shall remain in effect until the person provides a release issued by the department of social and health services stating that the person is in compliance with the order.
(((b))) (e)(i) The department shall not issue to the person a new, duplicate, or renewal license until the person pays a reissue fee of twenty dollars.
(ii) If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, or is the result of administrative action under RCW 46.20.308, the reissue fee shall be one hundred fifty dollars.
(2)(a) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked, unless the revocation was for a cause which has been removed, is not entitled to have the license or privilege renewed or restored until: (i) After the expiration of one year from the date the license or privilege to drive was revoked; (ii) after the expiration of the applicable revocation period provided by RCW 46.20.3101 or 46.61.5055; (iii) after the expiration of two years for persons convicted of vehicular homicide; or (iv) after the expiration of the applicable revocation period provided by RCW 46.20.265.
(b)(i) After the expiration of the appropriate period, the person may make application for a new license as provided by law together with a reissue fee in the amount of twenty dollars.
(ii) If the revocation is the result of a violation of RCW 46.20.308, 46.61.502, or 46.61.504, the reissue fee shall be one hundred fifty dollars. If the revocation is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reissuance of a license, permit, or privilege to drive until enrollment and participation in an approved program has been established and the person is otherwise qualified. If the revocation is the result of a violation of RCW 46.61.502 or 46.61.504, and the person is required pursuant to RCW 46.20.720 to drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical device, the department shall determine the person's eligibility for licensing based upon written verification by a company doing business in the state that it has installed the required device on a vehicle owned ((and/or)) or operated by the person applying for a new license. If, following issuance of a new license, the department determines, based upon notification from the interlock provider or otherwise, that an interlock required under RCW 46.20.720 is no longer functioning, the department shall suspend the person's license or privilege to drive until the department has received written verification from an interlock provider that a functioning interlock is installed.
(c) Except for a revocation under RCW 46.20.265, the department shall not then issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant the privilege of driving a motor vehicle on the public highways, and until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. For a revocation under RCW 46.20.265, the department shall not issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant that person the privilege of driving a motor vehicle on the public highways.
(3)(a) Whenever the driver's license of any person is suspended pursuant to Article IV of the nonresident violators compact or RCW 46.23.020 or 46.20.289 or 46.20.291(5), the department shall not issue to the person any new or renewal license until the person pays a reissue fee of twenty dollars.
(b) If the suspension is the result of a violation of the laws of this or any other state, province, or other jurisdiction involving (i) the operation or physical control of a motor vehicle upon the public highways while under the influence of intoxicating liquor or drugs, or (ii) the refusal to submit to a chemical test of the driver's blood alcohol content, the reissue fee shall be one hundred fifty dollars.
Sec. 3. RCW 46.20.3101 and 1998 c 213 s 2, 1998 c 209 s 2, and 1998 c 207 s 8 are each reenacted and amended to read as follows:
Pursuant to RCW 46.20.308, the department shall suspend, revoke, or deny the arrested person's license, permit, or privilege to drive as follows:
(1) In the case of a person who has refused a test or tests:
(a) For a first refusal within seven years, where there has not been a previous incident within seven years that resulted in administrative action under this section, revocation or denial for one year. A revocation or denial imposed under this subsection (1)(a) shall run concurrently with the period of any suspension, revocation, or denial imposed for a criminal conviction arising out of the same incident;
(b) For a second or subsequent refusal within seven years, or for a first refusal where there has been one or more previous incidents within seven years that have resulted in administrative action under this section, revocation or denial for two years or until the person reaches age twenty-one, whichever is longer. A revocation imposed under this subsection (1)(b) shall run ((consecutively to)) concurrently with the period of any suspension, revocation, or denial imposed pursuant to a criminal conviction arising out of the same incident.
(2) In the case of an incident where a person has submitted to or been administered a test or tests indicating that the alcohol concentration of the person's breath or blood was 0.08 or more:
(a) For a first incident within seven years, where there has not been a previous incident within seven years that resulted in administrative action under this section, suspension for ninety days. A suspension or denial imposed under this subsection (2)(a) shall run concurrently with the period of any suspension, revocation, or denial imposed for a criminal conviction arising out of the same incident;
(b) For a second or subsequent incident within seven years, revocation or denial for two years. A suspension or denial imposed under this subsection (2)(b) shall run concurrently with the period of any suspension, revocation, or denial imposed for a criminal conviction arising out of the same incident.
(3) In the case of an incident where a person under age twenty-one has submitted to or been administered a test or tests indicating that the alcohol concentration of the person's breath or blood was in violation of RCW 46.61.502, 46.61.503, or 46.61.504:
(a) For a first incident within seven years, suspension or denial for ninety days. A suspension or denial imposed under this subsection (3)(a) shall run concurrently with the period of any suspension, revocation, or denial imposed for a criminal conviction arising out of the same incident;
(b) For a second or subsequent incident within seven years, revocation or denial for one year or until the person reaches age twenty-one, whichever is longer. A suspension or denial imposed under this subsection (3)(b) shall run concurrently with the period of any suspension, revocation, or denial imposed for a criminal conviction arising out of the same incident.
(4) The department, after considering the requirements of federal law regarding state eligibility for grants or other funding, shall provide by rule that a person whose license, permit, or privilege to drive has been suspended, revoked, or denied under this section may apply for a temporary restricted driver's license under RCW 46.20.391.
(a) The department shall establish as the minimum portions of the periods of suspension, revocation, or denial set forth in this section after which a person may apply for such a temporary restricted driver's license, the minimum periods established by federal law under which the state will maintain its eligibility, or establish eligibility to obtain incentive grants or any other federal funding.
(b) A person applying for such a temporary restricted driver's license shall provide proof to the satisfaction of the department that a functioning ignition interlock device has been installed on a vehicle owned or operated by the person.
(i) The department shall require the person to maintain such a device on a vehicle owned or operated by the person and shall restrict the person to operating only vehicles equipped with such a device, for the remainder of the period of suspension, revocation, or denial.
(ii) Subject to any periodic renewal requirements established by the department pursuant to this section and subject to any applicable compliance requirements under this chapter or other law, a temporary restricted driver's license granted as the result of an application under this section extends through the remaining portion of any suspension, revocation, or denial under this section and also through the period of any suspension, revocation, or denial imposed under a criminal conviction arising out of the same incident.
Sec. 4. RCW 46.20.342 and 2001 c 325 s 3 are each amended to read as follows:
(1) It is unlawful for any person to drive a motor vehicle in this state while that person is in a suspended or revoked status or when his or her privilege to drive is suspended or revoked in this or any other state. Any person who has a valid Washington driver's license is not guilty of a violation of this section.
(a) A person found to be an habitual offender under chapter 46.65 RCW, who violates this section while an order of revocation issued under chapter 46.65 RCW prohibiting such operation is in effect, is guilty of driving while license suspended or revoked in the first degree, a gross misdemeanor. Upon the first such conviction, the person shall be punished by imprisonment for not less than ten days. Upon the second conviction, the person shall be punished by imprisonment for not less than ninety days. Upon the third or subsequent conviction, the person shall be punished by imprisonment for not less than one hundred eighty days. If the person is also convicted of the offense defined in RCW 46.61.502 or 46.61.504, when both convictions arise from the same event, the minimum sentence of confinement shall be not less than ninety days. The minimum sentence of confinement required shall not be suspended or deferred. A conviction under this subsection does not prevent a person from petitioning for reinstatement as provided by RCW 46.65.080.
(b) A person who violates this section while an order of suspension or revocation prohibiting such operation is in effect and while the person is not eligible to reinstate his or her driver's license or driving privilege, other than for a suspension for the reasons described in ©) of this subsection, is guilty of driving while license suspended or revoked in the second degree, a gross misdemeanor. This subsection applies when a person's driver's license or driving privilege has been suspended or revoked by reason of:
(i) A conviction of a felony in the commission of which a motor vehicle was used;
(ii) A previous conviction under this section;
(iii) A notice received by the department from a court or diversion unit as provided by RCW 46.20.265, relating to a minor who has committed, or who has entered a diversion unit concerning an offense relating to alcohol, legend drugs, controlled substances, or imitation controlled substances;
(iv) A conviction of RCW 46.20.410, relating to the violation of restrictions of an occupational or a temporary restricted driver's license;
(v) A conviction of RCW 46.20.345, relating to the operation of a motor vehicle with a suspended or revoked license;
(vi) A conviction of RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;
(vii) A conviction of RCW 46.61.024, relating to attempting to elude pursuing police vehicles;
(viii) A conviction of RCW 46.61.500, relating to reckless driving;
(ix) A conviction of RCW 46.61.502 or 46.61.504, relating to a person under the influence of intoxicating liquor or drugs;
(x) A conviction of RCW 46.61.520, relating to vehicular homicide;
(xi) A conviction of RCW 46.61.522, relating to vehicular assault;
(xii) A conviction of RCW 46.61.527(4), relating to reckless endangerment of roadway workers;
(xiii) A conviction of RCW 46.61.530, relating to racing of vehicles on highways;
(xiv) A conviction of RCW 46.61.685, relating to leaving children in an unattended vehicle with motor running;
(xv) A conviction of RCW 46.61.740, relating to theft of motor vehicle fuel;
(xvi) A conviction of RCW 46.64.048, relating to attempting, aiding, abetting, coercing, and committing crimes;
(xvii) An administrative action taken by the department under chapter 46.20 RCW; or
(xviii) A conviction of a local law, ordinance, regulation, or resolution of a political subdivision of this state, the federal government, or any other state, of an offense substantially similar to a violation included in this subsection.
(c) A person who violates this section when his or her driver's license or driving privilege is, at the time of the violation, suspended or revoked solely because (i) the person must furnish proof of satisfactory progress in a required alcoholism or drug treatment program, (ii) the person must furnish proof of financial responsibility for the future as provided by chapter 46.29 RCW, (iii) the person has failed to comply with the provisions of chapter 46.29 RCW relating to uninsured accidents, (iv) the person has failed to respond to a notice of traffic infraction, failed to appear at a requested hearing, violated a written promise to appear in court, or has failed to comply with the terms of a notice of traffic infraction or citation, as provided in RCW 46.20.289, (v) the person has committed an offense in another state that, if committed in this state, would not be grounds for the suspension or revocation of the person's driver's license, (vi) the person has been suspended or revoked by reason of one or more of the items listed in (b) of this subsection, but was eligible to reinstate his or her driver's license or driving privilege at the time of the violation, or (vii) the person has received traffic citations or notices of traffic infraction that have resulted in a suspension under RCW 46.20.267 relating to intermediate drivers' licenses, or any combination of (i) through (vii), is guilty of driving while license suspended or revoked in the third degree, a misdemeanor.
(2) Upon receiving a record of conviction of any person or upon receiving an order by any juvenile court or any duly authorized court officer of the conviction of any juvenile under this section, the department shall:
(a) For a conviction of driving while suspended or revoked in the first degree, as provided by subsection (1)(a) of this section, extend the period of administrative revocation imposed under chapter 46.65 RCW for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or
(b) For a conviction of driving while suspended or revoked in the second degree, as provided by subsection (1)(b) of this section, not issue a new license or restore the driving privilege for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or
(c) Not extend the period of suspension or revocation if the conviction was under subsection (1)(c) of this section. If the conviction was under subsection (1)(a) or (b) of this section and the court recommends against the extension and the convicted person has obtained a valid driver's license, the period of suspension or revocation shall not be extended.
Sec. 5. RCW 46.20.380 and 1985 ex.s. c 1 s 6 are each amended to read as follows:
No person may file an application for an occupational or a temporary restricted driver's license as provided in RCW 46.20.391 unless he or she first pays to the director or other person authorized to accept applications and fees for driver's licenses a fee of twenty-five dollars. The applicant shall receive upon payment an official receipt for the payment of such fee. All such fees shall be forwarded to the director who shall transmit such fees to the state treasurer in the same manner as other driver's license fees.
Sec. 6. RCW 46.20.391 and 1999 c 274 s 4 and 1999 c 272 s 1 are each reenacted and amended to read as follows:
(1)(a) Any person licensed under this chapter who is convicted of an offense relating to motor vehicles for which suspension or revocation of the driver's license is mandatory, other than vehicular homicide or vehicular assault, or who ((has had his or her license suspended under RCW 46.20.3101 (2)(a) or (3)(a))) is authorized under RCW 46.20.3101(4), may submit to the department an application for ((an occupational)) a temporary restricted driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is ((engaged in an occupation or trade that makes it essential that the petitioner operate a motor vehicle)) eligible to receive the license, may issue ((an occupational)) a temporary restricted driver's license and may set definite restrictions as provided in RCW 46.20.394. No person may petition for, and the department shall not issue, ((an occupational)) a temporary restricted driver's license that is effective during the first thirty days of any suspension or revocation imposed either for a violation of RCW 46.61.502 or 46.61.504 or ((under RCW 46.20.3101 (2)(a) or (3)(a), or for both a violation of RCW 46.61.502 or 46.61.504 and under RCW 46.20.3101 (2)(a) or (3)(a) where the action arises from the same incident. A person aggrieved by the decision of the department on the application for an occupational driver's license may request a hearing as provided by rule of the department)) during the required minimum periods of suspension, revocation, or denial established under RCW 46.20.3101(4).
(b) An applicant under this subsection whose driver's license is suspended or revoked for an alcohol-related offense shall provide proof to the satisfaction of the department that a functioning ignition interlock device has been installed on a vehicle owned or operated by the person.
(i) The department shall require the person to maintain such a device on a vehicle owned or operated by the person and shall restrict the person to operating only vehicles equipped with such a device, for the remainder of the period of suspension, revocation, or denial.
(ii) Subject to any periodic renewal requirements established by the department pursuant to this section and subject to any applicable compliance requirements under this chapter or other law, a temporary restricted driver's license granted after a suspension or revocation under RCW 46.61.5055 or 46.20.3101 extends through the remaining portion of any concurrent or consecutive suspension or revocation that may be imposed as the result of administrative action and criminal conviction arising out of the same incident.
(iii) The time period during which the person is licensed under this section shall apply on a day-for-day basis toward satisfying the period of time the ignition interlock device restriction is required under RCW 46.20.720 (1) and (2) (a), (b), and ©).
(2)(a) A person licensed under this chapter whose driver's license is suspended administratively due to failure to appear or pay a traffic ticket under RCW 46.20.289; a violation of the financial responsibility laws under chapter 46.29 RCW; or for multiple violations within a specified period of time under RCW 46.20.291, may apply to the department for an occupational driver's license ((if the applicant demonstrates to the satisfaction of the department that one of the following additional conditions are met:
(i) The applicant is in an apprenticeship program or an on-the-job training program for which a driver's license is required;
(ii) The applicant presents evidence that he or she has applied for a position in an apprenticeship or on-the-job training program and the program has certified that a driver's license is required to begin the program, provided that a license granted under this provision shall be in effect no longer than fourteen days;
(iii) The applicant is in a program that assists persons who are enrolled in a WorkFirst program pursuant to chapter 74.08A RCW to become gainfully employed and the program requires a driver's license; or
(iv) The applicant is undergoing substance abuse treatment or is participating in meetings of a twelve-step group such as alcoholics anonymous)).
(b) If the suspension is for failure to respond, pay, or comply with a notice of traffic infraction or conviction, the applicant must enter into a payment plan with the court.
(c) An occupational driver's license issued to an applicant described in (a) of this subsection shall be valid for the period of the suspension or revocation ((but not more than two years)).
(((d) Upon receipt of evidence that a holder of an occupational driver's license granted under this subsection is no longer enrolled in an apprenticeship or on-the-job training program, the director shall give written notice by first class mail to the driver that the occupational driver's license shall be canceled. The effective date of cancellation shall be fifteen days from the date of mailing the notice. If at any time before the cancellation goes into effect the driver submits evidence of continued enrollment in the program, the cancellation shall be stayed. If the cancellation becomes effective, the driver may obtain, at no additional charge, a new occupational driver's license upon submittal of evidence of enrollment in another program that meets the criteria set forth in this subsection.
(e) The department shall not issue an occupational driver's license under (a)(iv) of this subsection if the applicant is able to receive transit services sufficient to allow for the applicant's participation in the programs referenced under (a)(iv) of this subsection.))
(3) An applicant for an occupational or temporary restricted driver's license who qualifies under subsection (1) or (2) of this section is eligible to receive such license only if:
(a) ((Within one year immediately preceding the date of the offense that gave rise to the present conviction, the applicant has not committed any offense relating to motor vehicles for which suspension or revocation of a driver's license is mandatory; and
(b))) Within seven years immediately preceding the date of the offense that gave rise to the present conviction or incident, the applicant has not committed ((any of the following offenses: (i) Driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor; (ii))) vehicular homicide under RCW 46.61.520((;)) or (((iii))) vehicular assault under RCW 46.61.522; and
(((c))) (b) The applicant demonstrates that it is necessary for him or her to operate a motor vehicle because he or she:
(i) Is engaged in an occupation or trade that makes it essential that he or she operate a motor vehicle((, except as allowed under subsection (2)(a) of this section));
(ii) Is undergoing continuing health care or providing continuing care to another who is dependent upon the applicant;
(iii) Is enrolled in an educational institution and pursuing a course of study leading to a diploma, degree, or other certification of successful educational completion;
(iv) Is undergoing substance abuse treatment or is participating in meetings of a twelve-step group such as Alcoholics Anonymous that requires the petitioner to drive to or from the treatment or meetings;
(v) Is fulfilling court-ordered community service responsibilities;
(vi) Is in a program that assists persons who are enrolled in a WorkFirst program pursuant to chapter 74.08A RCW to become gainfully employed and the program requires a driver's license;
(vii) Is in an apprenticeship, on-the-job training, or welfare-to-work program; or
(viii) Presents evidence that he or she has applied for a position in an apprenticeship or on-the-job training program for which a driver's license is required to begin the program, provided that a license granted under this provision shall be in effect for no longer than fourteen days; and
(((d))) (c) The applicant files satisfactory proof of financial responsibility under chapter 46.29 RCW; and
(d) Upon receipt of evidence that a holder of an occupational driver's license granted under this subsection is no longer enrolled in an apprenticeship or on-the-job training program, the director shall give written notice by first class mail to the driver that the occupational driver's license shall be canceled. The effective date of cancellation shall be fifteen days from the date of mailing the notice. If at any time before the cancellation goes into effect the driver submits evidence of continued enrollment in the program, the cancellation shall be stayed. If the cancellation becomes effective, the driver may obtain, at no additional charge, a new occupational driver's license upon submittal of evidence of enrollment in another program that meets the criteria set forth in this subsection; and
(e) The department shall not issue an occupational driver's license under (b)(iv) of this subsection if the applicant is able to receive transit services sufficient to allow for the applicant's participation in the programs referenced under (b)(iv) of this subsection.
(4) A person aggrieved by the decision of the department on the application for an occupational or temporary restricted driver's license may request a hearing as provided by rule of the department.
(5) The director shall cancel an occupational or temporary restricted driver's license upon receipt of notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, or of a separate offense that under chapter 46.20 RCW would warrant suspension or revocation of a regular driver's license. The cancellation is effective as of the date of the conviction, and continues with the same force and effect as any suspension or revocation under this title.
Sec. 7. RCW 46.20.394 and 1999 c 272 s 2 are each amended to read as follows:
In issuing an occupational or a temporary restricted driver's license under RCW 46.20.391, the department shall describe the type of ((occupation permitted)) qualifying circumstances for the license and shall set forth in detail the specific hours of the day during which the person may drive to and from his ((place of work)) or her residence, which may not exceed twelve hours in any one day; the days of the week during which the license may be used; and the general routes over which the person may travel. In issuing an occupational or temporary restricted driver's license that meets the qualifying circumstance under RCW 46.20.391 (((2)(a)(iv))) (3)(b)(iv), the department shall set forth in detail the specific hours during which the person may drive to and from substance abuse treatment or meetings of a twelve-step group such as alcoholics anonymous, the days of the week during which the license may be used, and the general routes over which the person may travel. These restrictions shall be prepared in written form by the department, which document shall be carried in the vehicle at all times and presented to a law enforcement officer under the same terms as the occupational or temporary restricted driver's license. Any violation of the restrictions constitutes a violation of RCW 46.20.342 and subjects the person to all procedures and penalties therefor.
Sec. 8. RCW 46.20.400 and 1967 c 32 s 33 are each amended to read as follows:
If an occupational or a temporary restricted driver's license is issued and is not revoked during the period for which issued the licensee may obtain a new driver's license at the end of such period, but no new driver's ((permit shall)) license may be issued to such person until he or she surrenders his or her occupational or temporary restricted driver's license and his or her copy of the order, and the director is satisfied that ((he)) the person complies with all other provisions of law relative to the issuance of a driver's license.
Sec. 9. RCW 46.20.410 and 1967 c 32 s 34 are each amended to read as follows:
Any person convicted for violation of any restriction of an occupational or a temporary restricted driver's license shall in addition to the immediate revocation of such license and any other penalties provided by law be fined not less than fifty nor more than two hundred dollars or imprisoned for not more than six months or both such fine and imprisonment.
Sec. 10. RCW 46.20.720 and 2003 c 366 s 1 are each amended to read as follows:
(1) The court may order that after a period of suspension, revocation, or denial of driving privileges, and for up to as long as the court has jurisdiction, any person convicted of any offense involving the use, consumption, or possession of alcohol while operating a motor vehicle may drive only a motor vehicle equipped with a functioning ignition interlock ((or other biological or technical device)). The court shall establish a specific calibration setting at which the interlock will prevent the vehicle from being started. The court shall also establish the period of time for which interlock use will be required.
(2)(((a))) The department shall require that, after any applicable period of suspension, revocation, or denial of driving privileges, a person may drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical device if the person is convicted of ((a)) an alcohol-related violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance ((and it is:
(i) The person's first conviction or a deferred prosecution under chapter 10.05 RCW and his or her alcohol concentration was at least 0.15, or by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration;
(ii) The person's second or subsequent conviction; or
(iii) The person's first conviction and the person has a previous deferred prosecution under chapter 10.05 RCW or it is a deferred prosecution under chapter 10.05 RCW and the person has a previous conviction)).
(((b))) The department may waive the requirement for the use of such a device if it concludes that such devices are not reasonably available in the local area. ((Nothing in this section may be interpreted as entitling a person to more than one deferred prosecution.
(3) In the case of a person under subsection (1) of this section, the court shall establish a specific calibration setting at which the ignition interlock or other biological or technical device will prevent the motor vehicle from being started and the period of time that the person shall be subject to the restriction. In the case of a person under subsection (2) of this section,)) The device is not necessary on vehicles owned by a person's employer and driven as a requirement of employment during working hours.
The ignition interlock or other biological or technical device shall be calibrated to prevent the motor vehicle from being started when the breath sample provided has an alcohol concentration of 0.025 or more((, and)). The period of time of the restriction will be as follows:
(a) For a person (((i) who is subject to RCW 46.61.5055 (1)(b), (2), or (3), or who is subject to a deferred prosecution program under chapter 10.05 RCW; and (ii))) who has not previously been restricted under this section, a period of one year;
(b) For a person who has previously been restricted under (a) of this subsection, a period of five years;
(c) For a person who has previously been restricted under (b) of this subsection, a period of ten years.
((For purposes of this section, "convicted" means being found guilty of an offense or being placed on a deferred prosecution program under chapter 10.05 RCW.))
Sec. 11. RCW 46.20.740 and 2001 c 55 s 1 are each amended to read as follows:
(1) The department shall attach or imprint a notation on the driving record of any person restricted under RCW 46.20.720 stating that the person may operate only a motor vehicle equipped with ((an)) a functioning ignition interlock ((or other biological or technical)) device. The department shall determine the person's eligibility for licensing based upon written verification by a company doing business in the state that it has installed the required device on a vehicle owned or operated by the person seeking reinstatement. If, based upon notification from the interlock provider or otherwise, the department determines that an ignition interlock required under this section is no longer installed or functioning as required, the department shall suspend the person's license or privilege to drive. Whenever the license or driving privilege of any person is suspended or revoked as a result of noncompliance with an ignition interlock requirement, the suspension shall remain in effect until the person provides notice issued by a company doing business in the state that a vehicle owned or operated by the person is equipped with a functioning ignition interlock device.
(2) It is a misdemeanor for a person with such a notation on his or her driving record to operate a motor vehicle that is not so equipped.
Sec. 12. RCW 46.61.5055 and 2003 c 103 s 1 are each amended to read as follows:
(1) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has no prior offense within seven years shall be punished as follows:
(a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than one day nor more than one year. Twenty-four consecutive hours of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. In lieu of the mandatory minimum term of imprisonment required under this subsection (1)(a)(i), the court may order not less than fifteen days of electronic home monitoring. The offender shall pay the cost of electronic home monitoring. The county or municipality in which the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device to include an alcohol detection breathalyzer, and the court may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; and
(ii) By a fine of not less than three hundred fifty dollars nor more than five thousand dollars. Three hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; or
(b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than two days nor more than one year. Two consecutive days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. In lieu of the mandatory minimum term of imprisonment required under this subsection (1)(b)(i), the court may order not less than thirty days of electronic home monitoring. The offender shall pay the cost of electronic home monitoring. The county or municipality in which the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device to include an alcohol detection breathalyzer, and the court may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; and
(ii) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent((; and
(iii) By a court-ordered restriction under RCW 46.20.720)).
(2) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has one prior offense within seven years shall be punished as follows:
(a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than thirty days nor more than one year and sixty days of electronic home monitoring. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. Thirty days of imprisonment and sixty days of electronic home monitoring may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and
(ii) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; ((and
(iii) By a court-ordered restriction under RCW 46.20.720;)) or
(b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than forty-five days nor more than one year and ninety days of electronic home monitoring. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. Forty-five days of imprisonment and ninety days of electronic home monitoring may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and
(ii) By a fine of not less than seven hundred fifty dollars nor more than five thousand dollars. Seven hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent((; and
(iii) By a court-ordered restriction under RCW 46.20.720)).
(3) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has two or more prior offenses within seven years shall be punished as follows:
(a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than ninety days nor more than one year and one hundred twenty days of electronic home monitoring. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. Ninety days of imprisonment and one hundred twenty days of electronic home monitoring may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and
(ii) By a fine of not less than one thousand dollars nor more than five thousand dollars. One thousand dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent((; and
(iii) By a court-ordered restriction under RCW 46.20.720)); or
(b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than one hundred twenty days nor more than one year and one hundred fifty days of electronic home monitoring. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. One hundred twenty days of imprisonment and one hundred fifty days of electronic home monitoring may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and
(ii) By a fine of not less than one thousand five hundred dollars nor more than five thousand dollars. One thousand five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent((; and
(iii) By a court-ordered restriction under RCW 46.20.720)).
(4) If a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 committed the offense while a passenger under the age of sixteen was in the vehicle, the court shall:
(a) In any case in which the installation and use of an interlock or other device is not mandatory under RCW 46.20.720 or other law, order the use of such a device for not less than sixty days following the restoration of the person's license, permit, or nonresident driving privileges; and
(b) In any case in which the installation and use of such a device is otherwise mandatory, order the use of such a device for an additional sixty days.
(5) In exercising its discretion in setting penalties within the limits allowed by this section, the court shall particularly consider the following:
(a) Whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property; and
(b) Whether at the time of the offense the person was driving or in physical control of a vehicle with one or more passengers.
(6) An offender punishable under this section is subject to the alcohol assessment and treatment provisions of RCW 46.61.5056.
(7) The license, permit, or nonresident privilege of a person convicted of driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs must:
(a) If the person's alcohol concentration was less than 0.15, or if for reasons other than the person's refusal to take a test offered under RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) Where there has been no prior offense within seven years, be suspended or denied by the department for ninety days;
(ii) Where there has been one prior offense within seven years, be revoked or denied by the department for two years; or
(iii) Where there have been two or more prior offenses within seven years, be revoked or denied by the department for three years;
(b) If the person's alcohol concentration was at least 0.15((, or if by reason of the person's refusal to take a test offered under RCW 46.20.308 there is no test result indicating the person's alcohol concentration)):
(i) Where there has been no prior offense within seven years, be revoked or denied by the department for one year;
(ii) Where there has been one prior offense within seven years, be revoked or denied by the department for nine hundred days; or
(iii) Where there have been two or more prior offenses within seven years, be revoked or denied by the department for four years; or
(c) If by reason of the person's refusal to take a test offered under RCW 46.20.308, there is no test result indicating the person's alcohol concentration:
(i) Where there have been no prior offenses within seven years, be revoked or denied by the department for two years;
(ii) Where there has been one prior offense within seven years, be revoked or denied by the department for three years; or
(iii) Where there have been two or more previous offenses within seven years, be revoked or denied by the department for four years.
For purposes of this subsection (7), the department shall refer to the driver's record maintained under RCW 46.52.120 when determining the existence of prior offenses.
(8) After expiration of any period of suspension, revocation, or denial of the offender's license, permit, or privilege to drive required by this section, the department shall place the offender's driving privilege in probationary status pursuant to RCW 46.20.355.
(9)(a) In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the court imposes less than one year in jail, the court shall also suspend but shall not defer a period of confinement for a period not exceeding five years. The court shall impose conditions of probation that include: (i) Not driving a motor vehicle within this state without a valid license to drive and proof of financial responsibility for the future; (ii) not driving a motor vehicle within this state while having an alcohol concentration of 0.08 or more within two hours after driving; and (iii) not refusing to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor. The court may impose conditions of probation that include nonrepetition, installation of an ignition interlock or other biological or technical device on the probationer's motor vehicle, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of probation during the suspension period.
(b) For each violation of mandatory conditions of probation under (a)(i) ((and)), (ii), or (((a)(i) and)) (iii) of this subsection, the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred.
(c) For each incident involving a violation of a mandatory condition of probation imposed under this subsection, the license, permit, or privilege to drive of the person shall be suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, or denied at the time the finding of probation violation is made, the suspension, revocation, or denial then in effect shall be extended by thirty days. The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial imposed under this subsection.
(10) A court may waive the electronic home monitoring requirements of this chapter when:
(a) The offender does not have a dwelling, telephone service, or any other necessity to operate an electronic home monitoring system;
(b) The offender does not reside in the state of Washington; or
(c) The court determines that there is reason to believe that the offender would violate the conditions of the electronic home monitoring penalty.
Whenever the mandatory minimum term of electronic home monitoring is waived, the court shall state in writing the reason for granting the waiver and the facts upon which the waiver is based, and shall impose an alternative sentence with similar punitive consequences. The alternative sentence may include, but is not limited to, additional jail time, work crew, or work camp.
Whenever the combination of jail time and electronic home monitoring or alternative sentence would exceed three hundred sixty-five days, the offender shall serve the jail portion of the sentence first, and the electronic home monitoring or alternative portion of the sentence shall be reduced so that the combination does not exceed three hundred sixty-five days.
(11) An offender serving a sentence under this section, whether or not a mandatory minimum term has expired, may be granted an extraordinary medical placement by the jail administrator subject to the standards and limitations set forth in RCW 9.94A.728(4).
(12) For purposes of this section:
(a) A "prior offense" means any of the following:
(i) A conviction for a violation of RCW 46.61.502 or an equivalent local ordinance;
(ii) A conviction for a violation of RCW 46.61.504 or an equivalent local ordinance;
(iii) A conviction for a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug;
(iv) A conviction for a violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug;
(v) A conviction for a violation of RCW 46.61.5249, 46.61.500, or 9A.36.050 or an equivalent local ordinance, if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522;
(vi) An out-of-state conviction for a violation that would have been a violation of (a)(i), (ii), (iii), (iv), or (v) of this subsection if committed in this state;
(vii) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.502, 46.61.504, or an equivalent local ordinance; or
(viii) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.5249, or an equivalent local ordinance, if the charge under which the deferred prosecution was granted was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522; and
(b) "Within seven years" means that the arrest for a prior offense occurred within seven years of the arrest for the current offense.
Sec. 13. RCW 46.63.020 and 2003 c 33 s 4 are each amended to read as follows:
Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:
(1) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;
(2) RCW 46.09.130 relating to operation of nonhighway vehicles;
(3) RCW 46.10.090(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit-forming drugs or in a manner endangering the person of another;
(4) RCW 46.10.130 relating to the operation of snowmobiles;
(5) Chapter 46.12 RCW relating to certificates of ownership and registration and markings indicating that a vehicle has been destroyed or declared a total loss;
(6) RCW 46.16.010 relating to initial registration of motor vehicles;
(7) RCW 46.16.011 relating to permitting unauthorized persons to drive;
(8) RCW 46.16.160 relating to vehicle trip permits;
(9) RCW 46.16.381(2) relating to knowingly providing false information in conjunction with an application for a special placard or license plate for disabled persons' parking;
(10) RCW 46.20.005 relating to driving without a valid driver's license;
(11) RCW 46.20.091 relating to false statements regarding a driver's license or instruction permit;
(12) RCW 46.20.0921 relating to the unlawful possession and use of a driver's license;
(13) RCW 46.20.342 relating to driving with a suspended or revoked license or status;
(14) RCW 46.20.345 relating to the operation of a motor vehicle with a suspended or revoked license;
(15) RCW 46.20.410 relating to the violation of restrictions of an occupational or temporary restricted driver's license;
(16) RCW 46.20.740 relating to operation of a motor vehicle without an ignition interlock device in violation of a license notation that the device is required;
(17) RCW 46.20.750 relating to assisting another person to start a vehicle equipped with an ignition interlock device;
(18) RCW 46.25.170 relating to commercial driver's licenses;
(19) Chapter 46.29 RCW relating to financial responsibility;
(20) RCW 46.30.040 relating to providing false evidence of financial responsibility;
(21) RCW 46.37.435 relating to wrongful installation of sunscreening material;
(22) RCW 46.37.650 relating to the sale, resale, distribution, or installation of a previously deployed air bag;
(23) RCW 46.44.180 relating to operation of mobile home pilot vehicles;
(24) RCW 46.48.175 relating to the transportation of dangerous articles;
(25) RCW 46.52.010 relating to duty on striking an unattended car or other property;
(26) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;
(27) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;
(28) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company, an employer, and an alcohol/drug assessment or treatment agency;
(29) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;
(30) RCW 46.55.035 relating to prohibited practices by tow truck operators;
(31) RCW 46.61.015 relating to obedience to police officers, flaggers, or fire fighters;
(32) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;
(33) RCW 46.61.022 relating to failure to stop and give identification to an officer;
(34) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;
(35) RCW 46.61.500 relating to reckless driving;
(36) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;
(37) RCW 46.61.503 relating to a person under age twenty-one driving a motor vehicle after consuming alcohol;
(38) RCW 46.61.520 relating to vehicular homicide by motor vehicle;
(39) RCW 46.61.522 relating to vehicular assault;
(40) RCW 46.61.5249 relating to first degree negligent driving;
(41) RCW 46.61.527(4) relating to reckless endangerment of roadway workers;
(42) RCW 46.61.530 relating to racing of vehicles on highways;
(43) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;
(44) RCW 46.61.740 relating to theft of motor vehicle fuel;
(45) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;
(46) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;
(47) Chapter 46.65 RCW relating to habitual traffic offenders;
(48) RCW 46.68.010 relating to false statements made to obtain a refund;
(49) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter provides for the assessment of monetary penalties of a civil nature;
(50) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;
(51) RCW 46.72A.060 relating to limousine carrier insurance;
(52) RCW 46.72A.070 relating to operation of a limousine without a vehicle certificate;
(53) RCW 46.72A.080 relating to false advertising by a limousine carrier;
(54) Chapter 46.80 RCW relating to motor vehicle wreckers;
(55) Chapter 46.82 RCW relating to driver's training schools;
(56) RCW 46.87.260 relating to alteration or forgery of a cab card, letter of authority, or other temporary authority issued under chapter 46.87 RCW;
(57) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW.
Sec. 14. RCW 46.68.041 and 1998 c 212 s 3 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, the department shall forward all funds accruing under the provisions of chapter 46.20 RCW together with a proper identifying, detailed report to the state treasurer who shall deposit such moneys to the credit of the highway safety fund.
(2) Sixty-three percent of each fee collected by the department under RCW 46.20.311 (1)(((b))) (e)(ii), (2)(b)(ii), and (3)(b) shall be deposited in the impaired driving safety account.
Sec. 15. RCW 46.68.260 and 1998 c 212 s 2 are each amended to read as follows:
The impaired driving safety account is created in the custody of the state treasurer. All receipts from fees collected under RCW 46.20.311 (1)(((b))) (e)(ii), (2)(b)(ii), and (3)(b) shall be deposited according to RCW 46.68.041. Expenditures from this account may be used only to fund projects to reduce impaired driving and to provide funding to local governments for costs associated with enforcing laws relating to driving and boating while under the influence of intoxicating liquor or any drug. The account is subject to allotment procedures under chapter 43.88 RCW. Moneys in the account may be spent only after appropriation."
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Judiciary to Substitute House Bill No. 2660.
The motion by Senator Esser carried and the committee 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 "offenses;" strike the remainder of the title and insert "amending RCW 10.05.140, 46.20.311, 46.20.342, 46.20.380, 46.20.394, 46.20.400, 46.20.410, 46.20.720, 46.20.740, 46.61.5055, 46.63.020, 46.68.041, and 46.68.260; and reenacting and amending RCW 46.20.3101 and 46.20.391."
MOTION
On motion of Senator Esser, the rules were suspended, Substitute House Bill No. 2660, as amended by the Senate, 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.
MOTION
On motion of Senator Eide, Senator Fairley was excused.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 2660, as amended by the Senate.
MOTION
Senator Esser moved that further consideration of Substitute House Bill No. 2660 was deferred and the bill hold it’s place on the third reading calendar.
MOTION
On motion of Senator Esser, the Senate reverted to the first order of business.
REPORTS OF STANDING COMMITTEES
March 4, 2004
ESHB 2531 Prime Sponsor, Committee on Transportation (H): Expanding authority for regional transportation investment districts. Reported by Committee on Highways & Transportation
MAJORITY recommendation: Do pass as amended. Signed by Senators Horn, Chair; Swecker, Vice Chair; Benton, Vice Chair; Esser, Haugen, Jacobsen, Asst Ranking Minority Member, Kastama, Mulliken, Murray, Oke and Spanel.
Passed to Committee on Rules for second reading.
MOTION
On motion of Senator Esser, the measure listed on the Standing Committee report was referred to the committee as designated.
MOTION
On motion of Senator Esser, the Senate advanced to the sixth order of business.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2891, by House Committee on Local Government (originally sponsored by Representatives Grant and Mastin)
Providing for withdrawal from and addition to a public utility district. Revised for 1st Substitute: Modifying public utility district provisions.
The bill was read the second time.
MOTION
On motion of Senator Roach, the rules were suspended, Engrossed Substitute House Bill No. 2891 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Roach and Kastama spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 2891.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2891 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, 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., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 46.
Excused: Senators Fairley, Finkbeiner and Shin - 3.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2891, 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
SUBSTITUTE HOUSE BILL NO. 3092, by House Committee on Juvenile Justice & Family Law (originally sponsored by Representative Delvin)
Providing time for signing denial of paternity. Revised for 1st Substitute: Making technical correction to the uniform parentage act.
The bill was read the second time.
MOTION
On motion of Senator Stevens, the rules were suspended, Substitute House Bill No. 3092 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Stevens spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 3092.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 3092 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, 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., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 46.
Excused: Senators Fairley, Finkbeiner and Shin - 3.
SUBSTITUTE HOUSE BILL NO. 3092, 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
SUBSTITUTE HOUSE BILL NO. 2431, by House Committee on Fisheries, Ecology & Parks (originally sponsored by Representatives Upthegrove, Cooper and Chase)
Establishing a Dungeness crab endorsement. Revised for 1st Substitute: Modifying Dungeness crab management provisions.
The bill was read the second time.
MOTION
Senator Oke moved that the following committee striking amendment by the Committee on Ways & Means be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. It is the intent of the legislature to optimize the management of the recreational allocation of Dungeness crab in Washington state. To accomplish this task, it is necessary to accurately and efficiently quantify the total catch by recreational fishers for Dungeness crab using data from catch record cards. Therefore, an endorsement fee on the catch record card paid at the time of purchasing a recreational fishing license will be required for Dungeness crab to specifically identify the recreational crab harvesting population. The endorsement fee will significantly improve the precision of the catch estimates by eliminating the current practice of sampling fishers who do not participate in the recreational crab fishery.
Sec. 2. RCW 77.32.430 and 2003 c 318 s 1 are each amended to read as follows:
(1) Catch record card((s)) information is necessary for proper management of the state's food fish and game fish species and shellfish resources. Catch record card administration shall be ((administered)) under rules adopted by the commission ((and issued at no charge for the)). There is no charge for an initial catch record card ((and ten dollars for)). Each subsequent or duplicate catch record card((. A duplicate catch record [card])) costs ten dollars.
(2) A license to take and possess Dungeness crab is only valid in Puget Sound waters east of the Bonilla-Tatoosh line if the fisher has in possession a valid catch record card officially endorsed for Dungeness crab. The endorsement shall cost no more than three dollars including any or all fees authorized under RCW 77.32.050.
(3) Catch record cards issued with affixed temporary short-term charter stamp licenses are not subject to the ten-dollar charge ((as)) nor to the Dungeness crab endorsement fee provided for in this section. Charter boat or guide operators issuing temporary short-term charter stamp licenses shall affix the stamp to each catch record card issued before fishing commences. Catch record cards issued with a temporary short-term charter stamp are valid for two consecutive days.
(((3))) (4) The department shall include provisions for recording marked and unmarked salmon in catch record cards issued after March 31, 2004.
(((4))) (5) The funds received from the sale of catch record cards and the Dungeness crab endorsement must be deposited into the wildlife fund. The funds received from the Dungeness crab endorsement may be used only for the sampling, monitoring, and management of catch associated with the Dungeness crab recreational fisheries. Moneys allocated under this section shall supplement and not supplant other federal, state, and local funds used for Dungeness crab recreational fisheries management.
NEW SECTION. Sec. 3. After the completion of one season using the Dungeness crab endorsement fee for Puget Sound recreational Dungeness crab fisheries, the department of fish and wildlife shall evaluate the effectiveness of the endorsement fee as a method for improving the accuracy of catch estimates for the Puget Sound recreational Dungeness crab fishery. The department's report shall include how the method has affected their ability to more accurately estimate the preseason allocation of the Puget Sound recreational Dungeness crab fishery and monitor in-season catch. The department shall report their findings to the appropriate committees of the legislature by May 15, 2006.
NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect May 15, 2004."
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means to Substitute House Bill No. 2431.
The motion by Senator Oke carried and the committee 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 "endorsement;" strike the remainder of the title and insert "amending RCW 77.32.430; creating new sections; providing an effective date; and declaring an emergency."
MOTION
On motion of Senator Oke, the rules were suspended, Substitute House Bill No. 2431, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Oke and Spanel spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 2431, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2431, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, 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., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 47.
Excused: Senators Fairley and Shin - 2.
SUBSTITUTE HOUSE BILL NO. 2431, as amended by the Senate, 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
HOUSE BILL NO. 3045, by Representatives Veloria, Skinner, Dunshee, Kenney, Campbell, Haigh, McDermott, Hankins, Miloscia, Kirby, Lovick, Sullivan, G. Simpson, Rockefeller, Cooper, Santos, Cairnes, Benson, Eickmeyer, Murray, Jarrett, Mastin, Grant, Anderson, Cody, Upthegrove, Chase, Morrell, Tom and O'Brien
Directing the board of natural resources to exchange certain common school trust land.
The bill was read the second time.
MOTION
Senator Prentice moved that the following committee striking amendment by the Committee on Ways & Means be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. By December 31, 2004, the board of natural resources shall exchange common school trust land, commonly known as the "Hat and Boots" parcel, adjoining the Duwamish training center branch of South Seattle Community College for land of equal value granted to the state for the support of charitable, educational, penal, and reformatory institutions. The state board for community and technical colleges shall pay one dollar per year to lease the exchanged property at the site commonly known as the "Hat and Boots" parcel once the exchange is completed by the board. Access to the training facilities established at the Duwamish training center branch of South Seattle Community College shall be afforded to apprenticeship programs without regard to union affiliation.
NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
The President declared the question before the Senate to be the adoption of the committee striking amendment by the committee on Ways & Means to House Bill No. 3045.
The motion by Senator Prentice carried and the committee striking amendment was adopted by voice vote.
There being no objection, the following title amendment was adopted:
On page 1, beginning on line 1 of the title, after "lands;" strike the remainder of the title and insert "creating a new section; and declaring an emergency."
MOTION
On motion of Senator Prentice, the rules were suspended, House Bill No. 3045, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Prentice spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of House Bill No. 3045, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 3045, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, 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., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 47.
Excused: Senators Fairley and Shin - 2.
HOUSE BILL NO. 3045, as amended by the Senate, 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 advanced to the eighth order of business.
MOTION
On motion of Senator Esser, Senate Rule 20 was suspended for the remainder of the day for the purpose of allowing more than more resolution a day to be heard.
MOTION
On motion of Senator Rasmussen, the following resolution was adopted:
By Senators Rasmussen, Finkbeiner, McAuliffe, Johnson, Oke, Berkey, Schmidt, Regala, Prentice, Jacobsen, Fairley, Haugen, Roach, Kastama, Winsley, Spanel, McCaslin, Deccio, Fraser, Franklin, Eide, T. Sheldon, Keiser, Swecker, Esser, Kline, Benton, Brandland, Brown, Carlson, Doumit, Hale, Hargrove, Hewitt, Honeyford, Horn, Kohl-Welles, Morton, Mulliken, Murray, Parlette, Pflug, Poulsen, Sheahan, B. Sheldon, Shin, Stevens, Thibaudeau and Zarelli
WHEREAS, Chief Leschi was a prominent Nisqually Indian leader who made a profound impression upon our early history as a Territory; and
WHEREAS, Chief Leschi was a benevolent man of great intelligence and character, who acted humanely during times of both war and peace; and
WHEREAS, Chief Leschi led the Nisqually Indians at the time the Treaty of Medicine Creek was signed in December 1854; and
WHEREAS, By the terms of the Treaty, the Nisqually Indians were assigned to a reservation on lands far removed from the Nisqually River and its fisheries which had sustained them for centuries; and
WHEREAS, Chief Leschi met with territorial leaders seeking a reservation with a sufficient land base for the Nisqually people, but was refused; and
WHEREAS, War broke out between Indians and territorial forces, and in the course of war, A. Benton Moses, a soldier in the Washington Territorial Militia, was killed during the Battle of Connell Prairie; and
WHEREAS, Chief Leschi was charged with murder in the death of Moses and was tried before a territorial court. The trial resulted in a hung jury after the jurors were instructed that killing of a combatant in the time of war was not murder; and
WHEREAS, Chief Leschi was tried a second time and was convicted of murder and sentenced to death by hanging after the court refused to give the jury instruction regarding the death of combatants. The judge also refused to admit into evidence a map of the battleground showing that Chief Leschi could not have traveled the distance required to be in a position to fire at A. Benton Moses; and
WHEREAS, The U.S. Army refused to execute Chief Leschi, who was regarded as a prisoner of war, and he was hanged only after the Territorial Legislature enacted a law enabling local authorities, under color of law, to execute Leschi. Accordingly, the Supreme Court rescheduled his execution, which took place on February 19, 1858; and
WHEREAS, Chief Leschi was the victim of discrimination and was executed because, as the leader of the Nisqually Indians, he vigorously defended the territorial rights of his people; and
WHEREAS, There was at that time, and continues to be, a public outcry over the wrongful conviction and execution of Chief Leschi;
NOW, THEREFORE, BE IT RESOLVED, That the Senate recognize the injustice which occurred in 1858 with the trial and execution of Chief Leschi and reaffirm the commitment to a legal system under which a fair trial is the right of everyone regardless of race or creed; and
BE IT FURTHER RESOLVED, That the Senate recognize Chief Leschi as a courageous leader whose sacrifice for his people is worthy of honor and respect and that the residents of the State of Washington solemnly remember Chief Leschi as a great and noble man; and
BE IT FURTHER RESOLVED, That the Senate join with those who hope that the Nisqually Tribe is successful in its efforts to right a gross injustice through a vacation of his conviction by the Washington Supreme Court; and
BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to Dorian Sanchez, Chairman of the Nisqually Indian Tribal Council, and to Cynthia Iyall, Chairman of the Committee of Leschi Descendants.
Senators Rasmussen, Swecker, Fraser, McCaslin, Sheldon, T., Hargrove, Kline, Deccio and Finkbeiner spoke in favor of adoption of the resolution.
The President declared the question before the Senate to be the adoption of Senate Resolution No. 8727.
The motion by Senator Rasmussen carried and the resolution was adopted by voice vote.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced members of the Nisqually Indian Tribe, Cynthia Iyall, Leshi Exoneration Committee Chairman and Chief Leschi descendant; Cecilia Carpenter, Leschi Exoneration, Committee Chairman; and Tribal Historian Dorian Sanchez; Chairman of the Nisqually Indian Tribal Council Jim McCloud, Chief Leschi descendant; Pam Hicks, Chief Leschi descendant; and Art Iyall, Leschi descendant, who were seated in the gallery.
MOTION
Senator Esser moved that all members names be added to Senate Resolution No. 8727.
MOTION
On motion of Senator Esser, the Senate reverted to the sixth order of business.
SECOND READING
HOUSE BILL NO. 2765, by Representatives Dickerson, Kagi, McDermott, Moeller, Talcott, Chase, Conway, Kenney and Morrell
Establishing an advisory council on early interventions for children who are deaf or hard of hearing.
The bill was read the second time.
MOTION
Senator Stevens moved that the following committee striking amendment by the Committee on Children & Family Services & Corrections be adopted.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The legislature finds that children who are deaf or hard of hearing and their families have unique needs specific to the hearing loss. These unique needs reflect the challenges children with hearing loss and their families encounter related to their lack of full access to auditory communication.
(2) The legislature further finds that early detection of hearing loss in a child and early intervention and treatment have been demonstrated to be highly effective in facilitating a child's healthy development in a manner consistent with the child's age and cognitive ability.
(3) These combined factors support the need for early intervention services providers with specialized training and expertise, spanning the spectrum of available approaches and educational options, who can address the unique characteristics and needs of each child who is deaf or hard of hearing and that child's family.
NEW SECTION. Sec. 2. (1) There is established an advisory council in the department of social and health services for the purpose of advancing the development of a comprehensive and effective statewide system to provide prompt and effective early interventions for children in the state who are deaf or hard of hearing and their families.
(2) Members of the advisory council shall have training, experience, or interest in hearing loss in children. Membership shall include, but not be limited to, the following: Pediatricians; audiologists; teachers of the deaf and hard of hearing; parents of children who are deaf or hard of hearing; a representative from the Washington state school for the deaf; and representatives of the infant toddler early intervention program in the department of social and health services, the department of health, and the office of the superintendent of public instruction.
NEW SECTION. Sec. 3. (1) The advisory council shall develop statewide standards for early intervention services and early intervention services providers specifically related to children who are deaf or hard of hearing.
(2) The advisory council shall develop these standards by January 1, 2005.
NEW SECTION. Sec. 4. (1) The advisory council shall create a pamphlet to be provided to the parents of a child in the state who is diagnosed with hearing loss by their child's pediatrician or audiologist, as appropriate, upon diagnosis of hearing loss. The pamphlet shall contain, at minimum, information on the following: The variety of interventions and treatments available for children who are deaf or hard of hearing; and resources for parent support, counseling, financing, and education related to hearing loss in children.
(2) The pamphlet shall be available for distribution by July 1, 2005.
NEW SECTION. Sec. 5. Sections 1 through 4 of this act constitute a new chapter in Title 70 RCW."
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Children & Family Services & Corrections to House Bill No. 2765.
The motion by Senator Stevens carried and the committee 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 "hearing;" strike the remainder of the title and insert "and adding a new chapter to Title 70 RCW."
MOTION
On motion of Senator Stevens, the rules were suspended, House Bill No. 2765, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Stevens spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of House Bill No. 2765, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2765, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, 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., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Shin - 1.
HOUSE BILL NO. 2765, as amended by the Senate, 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 advanced to the seventh order of business.
The Senate resumed consideration of Third Engrossed Substitute House Bill No. 2195.
MOTION
Senator Johnson moved that the rules be suspended and Third Engrossed Substitute House Bill N0. 2195 be returned to second reading for the purpose of an amendment.
Senator Johnson, having voted on the prevailing side, served notice that he would move to immediately reconsider the vote by which the striking amendment by Senators Johnson and McAuliffe to Third Engrossed Substitute House Bill No. 2195 was adopted earlier in the day.
EDITOR’S NOTE: Third Engrossed Substitute House Bill No. 2195 was deferred before they voted so notice was out of order and not acted upon.
MOTION
Senator Zarelli moved that the following amendment by Senators Zarelli and McAuliffe to the striking amendment by Senators Johnson and McAuliffe be adopted:
0n page 12, line 12 of the amendment, after "education." strike everything through "28A.630.885.))" on line 16, and insert the following:
"The state board of education shall not require these children to meet the student learning goals, master the essential academic learning requirements, to take the assessments, or to obtain a certificate of ((mastery)) academic achievement or a certificate of individual achievement pursuant to ((RCW 28A.630.885)) sections 101 and 104 of this act."
On page 12, beginning on line 22, strike all material through line 26.
Senators Zarelli and McAuliffe spoke in favor of adoption of the amenement to the committee striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senators Zarelli and McAuliffe to the striking amendment on page 12, line 12 to Third Engrossed Substitute House Bill No. 2195.
The motion by Senator Zarelli carried and the amendment to the striking amendment was adopted by voice vote.
MOTION
On motion of Senator Hewitt, Senator Deccio was excused.
MOTION
Senator McAuliffe moved that the following amendment by Senator McAuliffe to the striking be adopted:
On page 5, beginning on lint 17, after “of the” strike “year after the”
On page 19, line 31, after “of the” strike “year before the”
Senators McAuliffe and Johnson spoke in favor of adoption of the amendment to the striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator McAuliffe to the striking amendment, on page 5, beginning on line 17 to Third Engrossed Substitute House Bill No. 2195.
The motion by Senator McAuliffe carried and the amendment to the striking amendment was adopted by voice vote.
MOTION
On motion of Senator Johnson, the rules were suspended, Third Engrossed Second Substitute House Bill No. 2195, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Johnson and McAuliffe spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Third Engrossed Substitute House Bill No. 2195, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Third Engrossed Substitute House Bill No. 2195, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators 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., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 47.
Excused: Senators Deccio and Shin - 2.
THIRD ENGROSSED SUBSTITUTE HOUSE BILL NO. 2195, as amended by the Senate, 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 reverted to the sixth order of business.
SECOND READING
THIRD ENGROSSED SUBSTITUTE HOUSE BILL NO. 1053, by House Committee on State Government (originally sponsored by Representatives Miloscia, Armstrong, Haigh, G. Simpson, Schoesler, Quall, O'Brien, Kirby, Cox, Eickmeyer, Berkey, McCoy, Ruderman, Hatfield, Sullivan, Morris, Linville, Ahern, Veloria, Bush, Conway, Dickerson, Lovick, Fromhold, Dunshee, Gombosky, Kenney, Kagi, Schual-Berke and Campbell)
Enhancing government accountability.
Senator Keiser: “A point of order, Mr. President. Mr. President, I would like to withdraw my objection to the amendment on the basis of scope and object of the underlying bill. That was amendment number 773.”
REPLY BY THE PRESIDENT
Senator Keiser’s Point of Order is pending on Amendment number 773.
MOTION
Senator Esser moved that further consideration of Third Engrossed Substitue House Bill No. 1053 be deferred and the bill hold it’s place on the second reading calendar.
On motion of Senator Hewitt, Senator Sheahan was excused.
SECOND READING
SENATE BILL NO. 6411, by Senators Brandland, Rasmussen, Sheahan, Hargrove, Swecker, Brown, Jacobsen, McAuliffe, Regala, Eide, Kline, Kohl-Welles and Winsley
Reducing hunger.
MOTION
On motion of Senator Brandland, the bill was not substituted.
The bill was read the second time.
MOTION
Senator Brandland moved that the following striking amendment by Senators Brandland, Stevens and Hargrove be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature recognizes that hunger and food insecurity are serious problems in the state. Since the United States department of agriculture began to collect data on hunger and food insecurity in 1995, Washington has been ranked each year within the top five states with the highest levels of hunger. A significant number of these households classified as hungry are families with children.
The legislature recognizes the correlation between adequate nutrition and a child's development and school performance. This problem can be greatly diminished through improved access to federal nutrition programs.
The legislature also recognizes that improved access to federal nutrition and assistance programs, such as the federal food stamp program, can be a critical factor in enabling recipients to gain the ability to support themselves and their families. This is an important step towards self-sufficiency and decreased long-term reliance on governmental assistance and will serve to strengthen families in this state.
NEW SECTION. Sec. 2. A new section is added to chapter 28A.235 RCW to read as follows:
(1) For the purposes of this section:
(a) "Free or reduced-price lunch" means a lunch served by a school district participating in the national school lunch program to a student qualifying for national school lunch program benefits based on family size-income criteria.
(b) "School lunch program" means a meal program meeting the requirements defined by the superintendent of public instruction under subsection (4) of this section.
(c) "Summer food service program" means a meal or snack program meeting the requirements defined by the superintendent of public instruction under subsection (5) of this section.
(2) School districts shall implement a school lunch program in each public school in the district in which educational services are provided to children in any of the grades kindergarten through four and in which twenty-five percent or more of the enrolled students qualify for a free or reduced-price lunch. In developing and implementing its school lunch program, each school district may consult with an advisory committee including school staff, community members, and others appointed by the board of directors of the district.
(3) Applications to determine free or reduced-price lunch eligibility shall be distributed and collected for all households of children in schools containing any of the grades kindergarten through four and in which there are no United States department of agriculture child nutrition programs. The applications that are collected must be reviewed to determine eligibility for free or reduced-price lunches. Nothing in this section shall be construed to require completion or submission of the application by a parent or guardian.
(4) Using the most current available school data on free and reduced-price lunch eligibility, the superintendent of public instruction shall adopt a schedule for implementation of school lunch programs at each school required to offer such a program under subsection (2) of this section as follows:
(a) Schools not offering a school lunch program and in which twenty-five percent or more of the enrolled students are eligible for free or reduced-price lunch shall implement a school lunch program not later than the second day of school in the 2005-06 school year and in each school year thereafter.
(b) The superintendent shall establish minimum standards defining the lunch meals to be served, and such standards must be sufficient to qualify the meals for any available federal reimbursement.
(c) Nothing in this section shall be interpreted to prevent a school from implementing a school lunch program earlier than the school is required to do so.
(5) Each school district shall implement a summer food service program in each public school in the district in which a summer program of academic, enrichment, or remedial services is provided and in which fifty percent or more of the children enrolled in the school qualify for free or reduced-price lunch. However, the superintendent of public instruction shall develop rules establishing criteria to permit an exemption for a school that can demonstrate availability of an adequate alternative summer feeding program. Sites providing meals should be open to all children in the area, unless a compelling case can be made to limit access to the program. The superintendent of public instruction shall adopt a definition of compelling case and a schedule for implementation as follows:
(a) Beginning the summer of 2005 if the school currently offers a school breakfast or lunch program; or
(b) Beginning the summer following the school year during which a school implements a school lunch program under subsection (4) of this section.
(6) Schools not offering a breakfast or lunch program may meet the meal service requirements of subsections (4) and (5) of this section through any of the following:
(a) Preparing the meals on-site;
(b) Receiving the meals from another school that participates in a United States department of agriculture child nutrition program; or
(c) Contracting with a nonschool entity that is a licensed food service establishment under RCW 69.07.010.
(7) Requirements that school districts have a school lunch program under this section shall not create or imply any state funding obligation for these costs. The legislature does not intend to include these programs within the state's obligation for basic education funding under Article IX of the state Constitution.
(8) The requirements in this section shall lapse if the federal reimbursement for any school breakfasts, lunches, or summer food service programs is eliminated.
(9) School districts may be exempted from the requirements of this section by showing good cause why they cannot comply with the office of the superintendent of public instruction to the extent that such exemption is not in conflict with federal or state law.
NEW SECTION. Sec. 3. A new section is added to chapter 74.04 RCW to read as follows:
(1) To the maximum extent allowable by federal law, the department shall implement simplified reporting for the food stamp program by October 31, 2004.
(2) For the purposes of this section, "simplified reporting" means the only change in circumstance that a recipient of a benefit program must report between eligibility reviews is an increase of income that would result in ineligibility for the benefit program or a change of address. Every six months the assistance unit must either complete a semiannual report or participate in an eligibility review.
Sec. 4. RCW 74.08A.010 and 1997 c 58 s 103 are each amended to read as follows:
(1) A family that includes an adult who has received temporary assistance for needy families for sixty months after July 27, 1997, shall be ineligible for further temporary assistance for needy families assistance.
(2) For the purposes of applying the rules of this section, the department shall count any month in which an adult family member received a temporary assistance for needy families cash assistance grant unless the assistance was provided when the family member was a minor child and not the head of the household or married to the head of the household.
(3) The department shall refer recipients who require specialized assistance to appropriate department programs, crime victims' programs through the department of community, trade, and economic development, or the crime victims' compensation program of the department of labor and industries.
(4) The department may exempt a recipient and the recipient's family from the application of subsection (1) of this section by reason of hardship or if the recipient meets the family violence options of section 402(A)(7) of Title IVA of the federal social security act as amended by P.L. 104-193. The number of recipients and their families exempted from subsection (1) of this section for a fiscal year shall not exceed twenty percent of the average monthly number of recipients and their families to which assistance is provided under the temporary assistance for needy families program.
(5) The department shall not exempt a recipient and his or her family from the application of subsection (1) of this section until after the recipient has received fifty-two months of assistance under this chapter.
(6) Beginning on October 31, 2005, the department shall provide transitional food stamp assistance for a period of five months to a household that ceases to receive temporary assistance for needy families assistance. If necessary, the department shall extend the household's food stamp certification until the end of the transition period.
Sec. 5. RCW 74.08.025 and 1997 c 58 s 101 are each amended to read as follows:
(1) Public assistance may be awarded to any applicant:
(a) Who is in need and otherwise meets the eligibility requirements of department assistance programs; and
(b) Who has not made a voluntary assignment of property or cash for the purpose of qualifying for an assistance grant; and
(c) Who is not an inmate of a public institution except as a patient in a medical institution or except as an inmate in a public institution who could qualify for federal aid assistance: PROVIDED, That the assistance paid by the department to recipients in nursing homes, or receiving nursing home care, may cover the cost of clothing and incidentals and general maintenance exclusive of medical care and health services. The department may pay a grant to cover the cost of clothing and personal incidentals in public or private medical institutions and institutions for tuberculosis. The department shall allow recipients in nursing homes to retain, in addition to the grant to cover the cost of clothing and incidentals, wages received for work as a part of a training or rehabilitative program designed to prepare the recipient for less restrictive placement to the extent permitted under Title XIX of the federal social security act.
(2) Any person otherwise qualified for temporary assistance for needy families under this title who has resided in the state of Washington for fewer than twelve consecutive months immediately preceding application for assistance is limited to the benefit level in the state in which the person resided immediately before Washington, using the eligibility rules and other definitions established under this chapter, that was obtainable on the date of application in Washington state, if the benefit level of the prior state is lower than the level provided to similarly situated applicants in Washington state. The benefit level under this subsection shall be in effect for the first twelve months a recipient is on temporary assistance for needy families in Washington state.
(3) Any person otherwise qualified for temporary assistance for needy families who is assessed through the state alcohol and substance abuse program as drug or alcohol-dependent and requiring treatment to become employable shall be required by the department to participate in a drug or alcohol treatment program as a condition of benefit receipt.
(4) In order to be eligible for temporary assistance for needy families ((and food stamp program)) benefits, any applicant with a felony conviction after August 21, 1996, involving drug use or possession, must: (a) Have been assessed as chemically dependent by a chemical dependency program approved under chapter 70.96A RCW and be participating in or have completed a coordinated rehabilitation plan consisting of chemical dependency treatment and vocational services; and (b) have not been convicted of a felony involving drug use or possession in the three years prior to the most current conviction.
(5) Pursuant to 21 U.S.C. 862a(d)(1), the department shall exempt individuals from the eligibility restrictions of 21 U.S.C. 862a(a)(2) to ensure eligibility for federal food assistance.
NEW SECTION. Sec. 6. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.
NEW SECTION. Sec. 7. If specific funding for the purposes of section 2 of this act, referencing this act by bill or chapter number, is not provided by June 30, 2004, in the omnibus appropriations act, section 2 of this act is null and void."
MOTION
Senator Brandland moved that the following amendment to the striking amendment by Senators Brandland and Zarelli be adopted:
On page 5, line 2, after "families assistance" insert "and is not in sanction status"
Senator Brandland spoke in favor of adoption of the amendment to the striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senators Brandland and Zarelli to the striking amendment on page 5, line 2 to Senate Bill No. 6411.
The motion by Senator Brandland carried and the amendment to the striking amendment was adopted by voice vote.
The President declared the question before the Senate to be the adoption of the striking amendment as amended to Senate Bill No. 6411.
The motion by Senator Brandland carried and the striking amendment as amended was adopted by voice vote.
There being no objection, the following title amendment was adopted:
On page 1, line 1 of the title, after "hunger;" strike the remainder of the title and insert "amending RCW 74.08A.010 and 74.08.025; adding a new section to chapter 28A.235 RCW; adding a new section to chapter 74.04 RCW; and creating new sections."
MOTION
On motion of Senator Brandland, the rules were suspended, Engrossed Senate Bill No. 6411 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.
MOTION
On motion of Senator Hewitt, Senators Finkbeiner and Horn were excused.
Senator Stevens: “Would Senator Brandland yield to a question? Senator Brandland, is it the intent of Section IV, subsection VI of the amendment to extend basic food transition benefits for five months to people who are leaving public assistance because they are no longer eligible because they have a job?”
Senator Brandland: “Yes.”
Senator Stevens: “Is it the intent of this bill to continue to provide them food stamps as an incentive to continue work, allowing them to earn more money while still receiving basic food benefits for which they might not otherwise be eligible and succeed in the transition to work?”
Senator Brandland: “Yes.”
Senator Stevens: “Is it the intent of this bill to extend transitional basic food benefits to those who leave TANIF in sanction status because they are not cooperating with DSHS and are unwilling to participate in work or the work related activities required by the department?”
Senator Brandland: “No, that is not the intent of the legislation. We have amended this bill to specifically reflect our intent by no longer requiring the department to extend these benefits to the maximum allowable by the Federal government.”
Senator Stevens spoke in favor of passage of the bill.
Senator Fraser: “Would Senator Brandland yield to a question? I tried to listen carefully to the question and answer that was going on and I didn’t quite understand what the intent is with regard to Federal maximums for receipt of food stamps. I couldn’t tell if the intent of the bill is to allow-for the state to allow people to receive food stamps for the maximum amount of time or if the intent is to not allow people to receive them for the maximum amount of time that Federal law allows.”
Senator Brandland: “To the best of my knowledge what we are trying to do here, and what I did is, I actually had a phrase removed from that particular section of the bill. That phrase was ‘to the maximum extent allowable by Federal law’ and what that was going to do, if we left that particular language in there, it was going to make for a huge fiscal note for this particular bill. By putting that in there and allowing them to scale it back, it made this bill fiscally responsible enough that we could actually run it. If we did not have that language, I don’t think that this bill would have been able to get through the process. Does that answer your question? I would be more than happy to present you with some folks outside that will perhaps give you that answer.”
Senator Franklin spoke on passage of the bill.
Senator Regala spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 6411.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6411 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheldon, B., Sheldon, T., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 44.
Excused: Senators Deccio, Finkbeiner, Horn, Sheahan and Shin - 5.
ENGROSSED SENATE BILL NO. 6411, 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.
Senator McCaslin: “A point of personal privilege. Ladies and gentlemen please listen to my advice that is coming up. I realize I don’t know everything and I know when you get free advice it’s worth what you pay for, but having experienced the Senate for some twenty-four years, I’ve learned just a little bit. And what I learned years ago was when a very, very aggressive Senator got up and after I moved a bill and he said ‘Mr. President, will Senator McCaslin yield to a question’ and I rose and I said ‘Yes I will yield’. He asked me a question that I don’t think the bar association could answer. When he got through I said ‘Mr. President, I said I’d yield, I didn’t say I’d answer the question. I sat down. And that’s a lesson for you Senator. Sometimes people, I know they didn’t ask to embarrass you, you understand that any one bill there could be a million questions on. So the best thing is, if you don’t know the answer just say ‘I’m sorry I don’t know the answer’ and sit down. Remember Magnuson. ‘A politician never get’s in trouble for what he doesn’t say’ and we should all remember that lesson.”
SECOND READING
SENATE BILL NO. 6115, by Senators Roach, Parlette, Hewitt, Mulliken, Honeyford, Schmidt, Johnson, Stevens, Sheahan, Hale, Winsley, Oke, Deccio, Haugen, Swecker, Finkbeiner, T. Sheldon, Prentice, Rasmussen, Fairley, Fraser, Kline, Eide, McCaslin, Shin and Benton
Providing a use tax exemption for amusement and recreation services donated to or by nonprofit charitable organizations or state or local governmental entities. Revised for 1st Substitute: Providing a use tax exemption for amusement and recreation services donated to or by nonprofit organizations or state or local governmental entities.
MOTIONS
On motion of Senator Kastama, Substitute Senate Bill No. 6115 was substituted for Senate Bill No. 6115 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Kastama, the rules were suspended, Substitute Senate Bill No. 6115 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Kastama 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. 6115.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6115 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, 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., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 45.
Excused: Senators Deccio, Finkbeiner, Horn and Shin - 4.
SUBSTITUTE SENATE BILL NO. 6115, 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. 6132, by Senators Morton, Poulsen, Rasmussen, Kline, Mulliken, Winsley, Schmidt, Esser, Roach, Kohl-Welles and Benton
Providing tax incentives for solar energy systems.
MOTIONS
On motion of Senator Morton, Substitute Senate Bill No. 6132 was substituted for Senate Bill No. 6132 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. 6132 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. 6132.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6132 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, 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., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 45.
Excused: Senators Deccio, Finkbeiner, Horn and Shin - 4.
SUBSTITUTE SENATE BILL NO. 6132, 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
HOUSE BILL NO. 2519, by Representatives Hatfield, Blake, Crouse and Kagi
Authorizing voter approved property tax levies for criminal justice purposes.
The bill was read the second time.
MOTION
Senator Doumit moved that the following committee striking amendment by the Committee on Ways & Means be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 84.52 RCW to read as follows:
(1) A county with a population of ninety thousand or less may impose additional regular property tax levies in an amount equal to fifty cents or less per thousand dollars of the assessed value of property in the county in accordance with the terms of this section.
(2) The tax proposition may be submitted at a general or special election.
(3) The tax may be imposed each year for six consecutive years when specifically authorized by the registered voters voting on the proposition, subject to the following:
(a) If the number of registered voters voting on the proposition does not exceed forty percent of the total number of voters voting in the taxing district at the last general election, the number of persons voting "yes" on the proposition shall constitute at least three-fifths of a number equal to forty percent of the total number of voters voting in the taxing district at the last general election.
(b) If the number of registered voters voting on the proposition exceeds forty percent of the total number of voters voting in the taxing district at the last preceding general election, the number of persons voting "yes" on the proposition shall be at least three-fifths of the registered voters voting on the proposition.
(4) Ballot propositions shall conform with RCW 29A.36.210.
(5) Any tax imposed under this section shall be used exclusively for criminal justice purposes.
(6) The limitations in RCW 84.52.043 do not apply to the tax authorized in this section.
(7) The limitation in RCW 84.55.010 does not apply to the first tax levy imposed pursuant to this section following the approval of the levy by the voters pursuant to subsection (3) of this section.
Sec. 2. RCW 29A.36.210 and 2003 c 111 s 921 are each amended to read as follows:
(1) The ballot proposition authorizing a taxing district to impose the regular property tax levies authorized in RCW 36.69.145, 67.38.130, ((or)) 84.52.069, or section 1 of this act shall contain in substance the following:
"Shall the . . . . . . (insert the name of the taxing district) be authorized to impose regular property tax levies of . . . . . . (insert the maximum rate) or less per thousand dollars of assessed valuation for each of . . . . . . (insert the maximum number of years allowable) consecutive years?
Yes . . . . . . . . . . . .□
No . . . . . . . . . . . .□"
Each voter shall indicate either "Yes" or "No" on his or her ballot in accordance with the procedures established under this title.
(2) The ballot proposition authorizing a taxing district to impose a permanent regular tax levy under RCW 84.52.069 shall contain the following:
"Shall the . . . . . (insert the name of the taxing district) be authorized to impose a PERMANENT regular property levy of . . . . . (insert the maximum rate) or less per thousand dollars of assessed valuation?
Yes . . . . . . . . . . . .□
No . . . . . . . . . . . .□"
Sec. 3. RCW 84.52.010 and 2003 c 83 s 310 are each amended to read as follows:
Except as is permitted under RCW 84.55.050, all taxes shall be levied or voted in specific amounts.
The rate percent of all taxes for state and county purposes, and purposes of taxing districts coextensive with the county, shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the county, as shown by the completed tax rolls of the county, and the rate percent of all taxes levied for purposes of taxing districts within any county shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the taxing districts respectively.
When a county assessor finds that the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.043 or 84.52.050, exceeds the limitations provided in either of these sections, the assessor shall recompute and establish a consolidated levy in the following manner:
(1) The full certified rates of tax levy for state, county, county road district, and city or town purposes shall be extended on the tax rolls in amounts not exceeding the limitations established by law; however any state levy shall take precedence over all other levies and shall not be reduced for any purpose other than that required by RCW 84.55.010. If, as a result of the levies imposed under section 1 of this act, RCW 36.54.130, 84.52.069, 84.34.230, the portion of the levy by a metropolitan park district that was protected under RCW 84.52.120, and 84.52.105, the combined rate of regular property tax levies that are subject to the one percent limitation exceeds one percent of the true and fair value of any property, then these levies shall be reduced as follows:
(a) The levy imposed by a county under section 1 of this act must be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or must be eliminated;
(b) If the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, the levy imposed by a ferry district under RCW 36.54.130 must be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or must be eliminated;
(((b))) (c) If the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, the portion of the levy by a metropolitan park district that is protected under RCW 84.52.120 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated;
(((c))) (d) If the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the levies imposed under RCW 84.34.230, 84.52.105, and any portion of the levy imposed under RCW 84.52.069 that is in excess of thirty cents per thousand dollars of assessed value, shall be reduced on a pro rata basis until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated; and
(((d))) (e) If the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the thirty cents per thousand dollars of assessed value of tax levy imposed under RCW 84.52.069 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or eliminated.
(2) The certified rates of tax levy subject to these limitations by all junior taxing districts imposing taxes on such property shall be reduced or eliminated as follows to bring the consolidated levy of taxes on such property within the provisions of these limitations:
(a) First, the certified property tax levy rates of those junior taxing districts authorized under RCW 36.68.525, 36.69.145, 35.95A.100, and 67.38.130 shall be reduced on a pro rata basis or eliminated;
(b) Second, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of flood control zone districts shall be reduced on a pro rata basis or eliminated;
(c) Third, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of all other junior taxing districts, other than fire protection districts, library districts, the first fifty cent per thousand dollars of assessed valuation levies for metropolitan park districts, and the first fifty cent per thousand dollars of assessed valuation levies for public hospital districts, shall be reduced on a pro rata basis or eliminated;
(d) Fourth, if the consolidated tax levy rate still exceeds these limitations, the first fifty cent per thousand dollars of assessed valuation levies for metropolitan park districts created on or after January 1, 2002, shall be reduced on a pro rata basis or eliminated;
(e) Fifth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized to fire protection districts under RCW 52.16.140 and 52.16.160 shall be reduced on a pro rata basis or eliminated; and
(f) Sixth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized for fire protection districts under RCW 52.16.130, library districts, metropolitan park districts created before January 1, 2002, under their first fifty cent per thousand dollars of assessed valuation levy, and public hospital districts under their first fifty cent per thousand dollars of assessed valuation levy, shall be reduced on a pro rata basis or eliminated.
((In determining whether the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.050, exceeds the limitations provided in that section, the assessor shall use the hypothetical state levy, as apportioned to the county under RCW 84.48.080, that was computed under RCW 84.48.080 without regard to the reduction under RCW 84.55.012.))
Sec. 4. RCW 84.52.043 and 2003 c 83 s 311 are each amended to read as follows:
Within and subject to the limitations imposed by RCW 84.52.050 as amended, the regular ad valorem tax levies upon real and personal property by the taxing districts hereafter named shall be as follows:
(1) Levies of the senior taxing districts shall be as follows: (a) The levy by the state shall not exceed three dollars and sixty cents per thousand dollars of assessed value adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue to be used exclusively for the support of the common schools; (b) the levy by any county shall not exceed one dollar and eighty cents per thousand dollars of assessed value; (c) the levy by any road district shall not exceed two dollars and twenty-five cents per thousand dollars of assessed value; and (d) the levy by any city or town shall not exceed three dollars and thirty-seven and one-half cents per thousand dollars of assessed value. However any county is hereby authorized to increase its levy from one dollar and eighty cents to a rate not to exceed two dollars and forty-seven and one-half cents per thousand dollars of assessed value for general county purposes if the total levies for both the county and any road district within the county do not exceed four dollars and five cents per thousand dollars of assessed value, and no other taxing district has its levy reduced as a result of the increased county levy.
(2) The aggregate levies of junior taxing districts and senior taxing districts, other than the state, shall not exceed five dollars and ninety cents per thousand dollars of assessed valuation. The term "junior taxing districts" includes all taxing districts other than the state, counties, road districts, cities, towns, port districts, and public utility districts. The limitations provided in this subsection shall not apply to: (a) Levies at the rates provided by existing law by or for any port or public utility district; (b) excess property tax levies authorized in Article VII, section 2 of the state Constitution; (c) levies for acquiring conservation futures as authorized under RCW 84.34.230; (d) levies for emergency medical care or emergency medical services imposed under RCW 84.52.069; (e) levies to finance affordable housing for very low-income housing imposed under RCW 84.52.105; (f) the portions of levies by metropolitan park districts that are protected under RCW 84.52.120; ((and)) (g) levies imposed by ferry districts under RCW 36.54.130; and (h) levies for criminal justice purposes under section 1 of this act.
NEW SECTION. Sec. 5. This act takes effect July 1, 2004."
The President declared the question before the Senate to be the adoption of the committee striking amendment by the committee on Ways & Means to House Bill No. 2519.
The motion by Senator Doumit carried and the committee 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 "purposes;" strike the remainder of the title and insert "amending RCW 29A.36.210, 84.52.010, and 84.52.043; adding a new section to chapter 84.52 RCW; and providing an effective date."
MOTION
On motion of Senator Doumit, the rules were suspended, House Bill No. 2519, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Doumit and Zarelli spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of House Bill No. 2519, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2519, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, 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., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 45.
Excused: Senators Deccio, Finkbeiner, Horn and Shin - 4.
HOUSE BILL NO. 2519, as amended by the Senate, 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 Hewitt, Senator Winsley was excused.
There being no objection, the Senate resumed consideration of Third Engrossed Substitute House Bill No. 1053.
Senator Honeyford moved that the following amendment be adopted:
On page 4, after line 23 of the amendment, insert the following:
"(4)(a) Beginning in 2005, the state auditor shall conduct a performance audit of the department of labor and industries. The performance audit shall include a financial audit and actuarial review of the state fund, under RCW 51.08.175. The joint legislative audit and review committee shall assist in overseeing the audit of the state fund which shall be conducted by a firm recognized as qualified to perform financial audits and a separate independent actuarial audit. The financial audit and the independent actuarial audit may be performed by separate firms.
(b) To assist in the performance audit and state fund audit, the department of labor and industries shall prepare financial statements on the state fund in accordance with generally accepted accounting principles, including but not limited to the accident fund, the medical aid fund, the pension reserve fund, the supplemental pension fund, and the second injury fund. Statements shall be presented desegregated and in aggregate.
(c) The firm or firms conducting the reviews shall be familiar with the accounting standards applicable to the accounts under review, shall have experience in workers' compensation reserving and rate making in Washington state, and shall employ staff who have attained fellowship in the casualty actuarial society and shall maintain professionally recognized standards of limits for errors and omission insurance.
(d) The state auditor shall determine the scope of the financial audit which shall include, but is not limited to, an opinion on whether the financial statements were prepared in accordance with generally accepted accounting principles.
(e) The state auditor shall determine the scope of the actuarial audit, which shall include, but is not limited to:
(i) An independent estimate of the claim reserves;
(ii) An evaluation of the effect of discounting using various investment yields on reported reserve levels;
(iii) A retrospective test of the accuracy of labor and industries reserve estimates over at least a fifteen-year period;
(iv) An assessment of the actuarial calculations underlying the break-even indicated rate level;
(v) A retrospective test of the accuracy of past rate level indications over at least a ten-year period;
(vi) An assessment of the actuarial reserving calculations; and
(vii) An assessment of the financial impact of the rate level on the actuarial soundness of the industrial insurance fund, taking into consideration the risks inherent with insurance and the fact that competition does not mitigate rate setting.
(f) The department of labor and industries shall cooperate with the firms in all respects and shall permit the firms full access to all information the firms deem necessary for a true and complete review.
(g) The costs of the audits shall be paid by the state fund under separate interagency agreements with the joint legislative audit and review committee and the state auditor.
(h) The final performance audit reports, including the state fund audit, shall be submitted to the board by the state auditor. The board shall release final reports to the citizens of Washington, the governor, and the appropriate legislative committees. The final performance audit reports shall be posted on the internet. The report may include recommendations, and within six months after the final performance audit reports are submitted to the board, the director of the department of labor and industries shall notify the legislative auditor in writing of the measures taken and proposed to be taken, if any, to respond to the recommendations of the audit report."
WITHDRAWAL OF AMENDMENT
On motion of Senator Honeyford, the amendment was withdrawn.
MOTION
Senator Keiser moved that the following amendment be adopted:
On page 4, after line 23, insert the following: "(4)(a) Beginning in 2004, the workers’ compensation advisory committee is authorized to contract for annual actuarial reviews of the Washington industrial insurance state fund. The committee shall determine the assistance that it needs in the process of contacting for the review.
(b) The firm conducting the actuarial review must have experience in workers’ compensation reserving and ratemaking and must maintain professionally recognized standards of limits for errors and omission insurance.
(c) The actuarial review must include, but is not limited to, an independent estimate of the loss reserves and an actuarial opinion of the reasonableness of the department’s calculation of its loss reserving and ratemaking. Each review must include statements of actuarial opinion signed by an actuary who has been designated as a fellow of the casualty actuarial society. The state auditor may consider the statements of actuarial opinion of the reasonableness of loss reserving in any financial audit.
(d) The department shall cooperate in all respects with the workers’ compensation advisory committee and the firm conducting the actuarial review and shall permit the firm full access to all information necessary for a true and complete review.
(e) The costs of the actuarial review shall be paid by the state fund.
(f) Within three months of the end of the applicable fiscal year, the report on the results of the actuarial review must be provided to the workers’ compensation advisory committee, the governor, the leaders of the two largest caucuses and the appropriate committees of the senate and the house of representatives, the state auditor, the director of office of financial management, the director of the department of labor and industries, and the attorney general. The actuarial report shall be available for public inspection."
WITHDRAWAL OF AMENDMENT
On motion of Senator Keiser, the amendment was withdrawn.
MOTION
Senator Keiser moved that the following amendment be adopted:
On page 4, after "Sec. 5." on line 24, insert: "To the extent that section 4 of this act requires a performance audit and an actuarial review of the accident and medical aid funds, the audit and review shall include all aspects of the retrospective rating plan established pursuant to Chapter 51.18 RCW to determine whether the plan increases the rates for state fund employers who are not part of the retrospective rating plan, the relationship, if any, between safety and health practices and the retrospective rating plan, and the extent to which disclosure, or the lack thereof, of the complete use of refunds by retrospective rating groups impacts employer participation in the plan, including a review of the extent of such disclosure by retrospective rating groups.
NEW SECTION. Sec. 6."
WITHDRAWAL OF AMENDMENT
On motion of Senator Keiser, the amendment was withdrawn.
The President declared the question before the Senate to be the adoption of the committee amendment by the Committee on Ways & Means.
The motion by Senator Roach carried and the committee amendment by the Committee on Ways & Means was adopted by voice vote.
MOTION
On motion of Senator Roach, the rules were suspended, Third Engrossed Substitute House Bill No. 1053, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Roach, Kastama and Carlson spoke in favor of passage of the bill.
Senator Fairley spoke against passage of the bill.
The President declared the question before the Senate to be the final passage of Third Engrossed Substitute House Bill No. 1053, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Third Engrossed Substitute House Bill No. 1053, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 36; Nays, 8; Absent, 0; Excused, 5.
Voting yea: Senators Benton, Berkey, Brandland, Carlson, Doumit, Eide, Esser, Franklin, Hale, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Stevens, Swecker and Zarelli - 36.
Voting nay: Senators Brown, Fairley, Fraser, Hargrove, Kline, Kohl-Welles, Spanel and Thibaudeau - 8.
Excused: Senators Deccio, Finkbeiner, Horn, Shin and Winsley - 5.
THIRD ENGROSSED SUBSTITUTE HOUSE BILL NO. 1053, as amended by the Senate, 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
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2675, by House Committee on Technology, Telecommunications & Energy (originally sponsored by Representatives McMorris, Morris, Bush and Crouse)
Modifying electric utility tax credit provisions.
The bill was read the second time.
MOTION
Senator Sheldon, T. moved that the following committee striking amendment by the committee on Ways & Means be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 82.16.0491 and 1999 c 311 s 402 are each amended to read as follows:
(1) The following definitions apply to this section:
(a) "Qualifying project" means a project designed to achieve job creation or business retention, to add or upgrade nonelectrical infrastructure, to add or upgrade health and safety facilities, to accomplish energy and water use efficiency improvements, including renewable energy development, or to add or upgrade emergency services in any designated qualifying rural area.
(b) "Qualifying rural area" means:
(i) A rural county, which on the date that a contribution is made to an electric utility rural economic development revolving fund is a county with a population density of less than one hundred persons per square mile as determined by the office of financial management ((and published each year by the department for the period July 1st to June 30th)); or
(ii) Any geographic area in the state that receives electricity from a light and power business with twelve thousand or fewer customers ((and with fewer than twenty-six meters per mile of distribution line as determined and published by the department of revenue effective July 1st of each year. The department shall use current data provided by the electricity industry)).
(c) "Electric utility rural economic development revolving fund" means a fund devoted exclusively to funding qualifying projects in qualifying rural areas.
(d) "Local board" is (i) a board of directors with at least, but not limited to, three members representing local businesses and community groups who have been appointed by the sponsoring electric utility to oversee and direct the activities of the electric utility rural economic development revolving fund; or (ii) a board of directors of an existing associate development organization serving the qualifying rural area who have been designated by the sponsoring electrical utility to oversee and direct the activities of the electric utility rural economic development revolving fund.
(2) A light and power business ((with fewer than twenty-six active meters per mile of distribution line in any geographic area in the state)) shall be allowed a credit against taxes due under this chapter in an amount equal to fifty percent of contributions made in any ((calendar)) fiscal year directly to an electric utility rural economic development revolving fund. The credit shall be taken in a form and manner as required by the department. The credit under this section shall not exceed twenty-five thousand dollars per ((calendar)) fiscal year per light and power business. The credit may not exceed the tax that would otherwise be due under this chapter. Refunds shall not be granted in the place of credits. Expenditures not used to earn a credit in one ((calendar)) fiscal year may not be used to earn a credit in subsequent years, except that this limitation does not apply to expenditures made between January 1, 2004, and March 31, 2004, which expenditures may be used to earn a credit through December 30, 2004.
(3) The right to earn tax credits under this section expires ((December 31, 2005)) June 30, 2011.
(4) To qualify for the credit in subsection (2) of this section, the light and power business shall establish, or have a local board establish with the business's contribution, an electric utility rural economic development revolving fund which is governed by a local board whose members shall reside or work in the qualifying rural area served by the light and power business. Expenditures from the electric utility rural economic development revolving fund shall be made solely on qualifying projects, and the local board shall have authority to determine all criteria and conditions for the expenditure of funds from the electric utility rural economic development (([revolving])) revolving fund, and for the terms and conditions of repayment.
(5) Any funds repaid to the electric utility rural economic development (([revolving])) revolving fund by recipients shall be made available for additional qualifying projects.
(6) If at any time the electric utility rural economic development (([revolving])) revolving fund is dissolved, any moneys claimed as a tax credit under this section shall either be granted to a qualifying project or refunded to the state within two years of termination.
(7) The total amount of credits that may be used in any fiscal year shall not exceed three hundred fifty thousand dollars in any fiscal year. The department shall allow the use of earned credits on a first-come, first-served basis. Unused earned credits may be carried over to subsequent years.
(8) The following provisions apply to expenditures under subsection (2) of this section made between January 1, 2004, and March 31, 2004:
(a) Credits earned from such expenditures are not considered in computing the statewide limitation set forth in subsection (7) of this section for the period July 1, 2004, through December 31, 2004; and
(b) For the fiscal year ending June 30, 2005, the credit allowed under this section for light and power businesses making expenditures is limited to thirty-seven thousand five hundred dollars.
NEW SECTION. Sec. 2. (1) The legislature finds that accountability and effectiveness are important aspects of setting tax policy. In order to make policy choices regarding the best use of limited state resources the legislature needs information to evaluate whether the stated goals of legislation were achieved.
(2) The goal of the tax credit available to light and power businesses for contributing to an electric utility rural economic development revolving fund in section 1 of this act is to support qualifying projects that create or retain jobs, add or upgrade health and safety facilities, facilitate energy and water conservation, or develop renewable sources of energy in a qualified area. The goal of this tax credit is achieved when the investment of the revolving funds established under section 1 of this act have generated capital investment in an amount of four million seven hundred fifty thousand dollars or more within a five-year period.
NEW SECTION. Sec. 3. This act takes effect July 1, 2004."
The President declared the question before the Senate to be the adoption of the committee striking amendment by the committee on Ways & Means to Engrossed Substitute House Bill No. 2675.
The motion by Senator Sheldon, T. carried and the committee 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 "credits;" strike the remainder of the title and insert "amending RCW 82.16.0491; creating a new section; and providing an effective date."
MOTION
On motion of Senator Sheldon, T., the rules were suspended, Engrossed Substitute House Bill No. 2675, as amended by the Senate, 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 declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 2675, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2675, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, 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., Spanel, Stevens, Swecker, Thibaudeau and Zarelli - 45.
Excused: Senators Deccio, Horn, Shin and Winsley - 4.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2675, as amended by the Senate, 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. 6157, by Senators T. Sheldon, Hale, Regala, Mulliken and Winsley
Exempting from the state public utility tax the sales of electricity to an electrolytic processing business.
MOTIONS
On motion of Senator Sheldon, T., Substitute Senate Bill No. 6157 was substituted for Senate Bill No. 6157 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Sheldon, T., the rules were suspended, Substitute Senate Bill No. 6157 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 declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6157.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6157 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 2; Absent, 0; Excused, 3.
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, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Spanel, Stevens, Swecker and Zarelli - 44.
Voting nay: Senators Kline and Thibaudeau - 2.
Excused: Senators Deccio, Shin and Winsley - 3.
SUBSTITUTE SENATE BILL NO. 6157, 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. 6424, by Senators Hewitt, Regala, Esser, Eide, Hale, Berkey, Kohl-Welles, Rasmussen and Pflug
Clarifying the taxation of staffing services.
MOTIONS
On motion of Senator Hewitt, Substitute Senate Bill No. 6424 was substituted for Senate Bill No. 6424 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Hewitt, the rules were suspended, Substitute Senate Bill No. 6424 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Hewitt, Eide and Regala 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. 6424.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6424 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 3; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Doumit, Eide, Esser, 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., Spanel, Stevens, Swecker and Zarelli - 43.
Voting nay: Senators Fairley, Kline and Thibaudeau - 3.
Excused: Senators Deccio, Shin and Winsley - 3.
SUBSTITUTE SENATE BILL NO. 6424, 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 reverted to the fourth order of business.
MESSAGES FROM THE HOUSE
March 3, 2004
MR. PRESIDENT:
The House has passed the following bills:
ENGROSSED HOUSE CONCURRENT RESOLUTION NO. 4417,
SUBSTITUTE SENATE BILL NO. 5590,
SECOND SUBSTITUTE SENATE BILL NO. 5793,
SUBSTITUTE SENATE BILL NO. 6113,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6153,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6270,
SUBSTITUTE SENATE BILL NO. 6377,
SUBSTITUTE SENATE BILL NO. 6527,
SUBSTITUTE SENATE BILL NO. 6534,
SUBSTITUTE SENATE BILL NO. 6568,
ENGROSSED SENATE BILL NO. 6598,
SUBSTITUTE SENATE BILL NO. 6600,
SUBSTITUTE SENATE BILL NO. 6615.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE SENATE BILL NO. 5590,
SECOND SUBSTITUTE SENATE BILL NO. 5793,
SUBSTITUTE SENATE BILL NO. 6113,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6153,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6270,
SUBSTITUTE SENATE BILL NO. 6377,
SUBSTITUTE SENATE BILL NO. 6527,
SUBSTITUTE SENATE BILL NO. 6534,
SUBSTITUTE SENATE BILL NO. 6568,
ENGROSSED SENATE BILL NO. 6598,
SUBSTITUTE SENATE BILL NO. 6600,
SUBSTITUTE SENATE BILL NO. 6615.
MOTION
On motion of Senator Esser, the Senate advanced to the sixth order of business.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2455, by House Committee on Education (originally sponsored by Representatives Santos, Anderson and G. Simpson)
Providing for financial literacy.
The bill was read the second time.
MOTION
Senator Benton moved that the following committee striking amendment by the Committee on Financial Services, Insurance & Housing be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature recognizes that the average high school student lacks a basic knowledge of personal finance. In addition, the legislature recognizes the damaging effects of not properly preparing youth for the financial challenges of modern life, including bankruptcy, poor retirement planning, unmanageable debt, and a lower standard of living for Washington families.
The legislature finds that the purpose of the state's system of public education is to help students acquire the skills and knowledge they will need to be productive and responsible 21st century citizens.
The legislature further finds that responsible citizenship includes an ability to make wise financial decisions. The legislature further finds that financial literacy could easily be included in lessons, courses, and projects that demonstrate each student's understanding of the state's four learning goals, including goal four: Understanding the importance of work and how performance, effort, and decisions directly affect future opportunities.
The legislature intends to assist school districts in their efforts to ensure that students are financially literate through identifying critical financial literacy skills and knowledge, providing information on instructional materials, and creating a public-private partnership to help provide instructional tools and professional development to school districts that wish to increase the financial literacy of their students.
NEW SECTION. Sec. 2. (1) A financial literacy public-private partnership is established, composed of up to four members representing the legislature, one from and appointed by the office of the superintendent of public instruction, one from and appointed by the department of financial institutions, up to four from the financial services sector, and four educators. One or two members of the senate, one of whom is a member of the senate committee on financial services, insurance and housing, shall be appointed by the president of the senate. One or two members of the house of representatives, one of whom is a member of the house committee on financial institutions and insurance, shall be appointed by the speaker of the house of representatives. The superintendent of public instruction shall appoint the members from the financial services sector and educator members. The chair of the partnership shall be selected by the members of the partnership.
(2) To the extent funds are appropriated or are available for this purpose, technical and logistical support may be provided by the office of the superintendent of public instruction, the organizations composing the partnership, and other participants in the financial literacy public-private partnership. The superintendent of public instruction shall compile the initial list of members and convene the first meeting of the partnership.
(3) The members of the committee shall be appointed by July 1, 2004.
(4) Legislative members of the partnership shall receive per diem and travel under RCW 44.04.120.
(5) Travel and other expenses of members of the partnership shall be provided by the agency, association, or organization that member represents.
NEW SECTION. Sec. 3. (1) By September 30, 2004, the financial literacy public-private partnership shall adopt a definition of financial literacy to be used in educational efforts.
(2) By June 30, 2005, the financial literacy public-private partnership shall identify strategies to increase the financial literacy of public school students in our state. To the extent funds are available, strategies to be considered by the partnership shall include, but not be limited to:
(a) Identifying and making available to school districts:
(i) Important financial literacy skills and knowledge;
(ii) Ways in which teachers at different grade levels may integrate financial literacy in mathematics, social studies, and other course content areas;
(iii) Instructional materials and programs, including schoolwide programs, that include the important financial literacy skills and knowledge;
(iv) Assessments and other outcome measures that schools and communities may use to determine whether students are financially literate; and
(v) Other strategies for expanding and increasing the quality of financial literacy instruction in public schools, including professional development for teachers;
(b) Developing a structure and set of operating principles for the financial literacy public-private partnership to assist interested school districts in improving the financial literacy of their students by providing such things as financial literacy instructional materials and professional development; and
(c) Providing a report to the governor, the house and senate financial institutions and education committees of the legislature, the superintendent of public instruction, the state board of education, and education stakeholder groups, on the results of work of the financial literacy public-private partnership. A final report shall be submitted to the same parties by June 30, 2007.
NEW SECTION. Sec. 4. A new section is added to chapter 28A.230 RCW to read as follows:
(1) To the extent funds are appropriated or are available for this purpose, the superintendent of public instruction and other members of the partnership created in section 2 of this act, shall make available to school districts the list of identified financial literacy skills and knowledge, instructional materials, assessments, and other relevant information.
(2) Each school district is encouraged to provide its students with an opportunity to master the financial literacy skills and knowledge developed under section 3 of this act.
(3) For the purposes of this act, it is unnecessary to evaluate and apply the office of the superintendent of public instruction essential academic learning requirements, or to develop grade level expectations.
NEW SECTION. Sec. 5. The task of the financial literacy public-private partnership is to seek out and determine the best methods of equipping students with the knowledge and skills they need, before they become self-supporting, in order for them to make critical decisions regarding their personal finances. The components of personal financial literacy examined shall include, at a minimum, consumer financial education, personal finance, and personal credit. The partnership shall identify the types of outcome measures expected from participating students, in accordance with the definitions and outcomes developed under section 3 of this act.
NEW SECTION. Sec. 6. A new section is added to chapter 28A.300 RCW to read as follows:
The Washington financial literacy public-private partnership account is hereby created in the custody of the state treasurer. The purpose of the account is to support the financial literacy public-private partnership, and to provide financial literacy opportunities for students and financial literacy professional development opportunities for the teachers providing those educational opportunities. Revenues to the account may include gifts from the private sector, federal funds, and any appropriations made by the legislature or other sources. Grants and their administration shall be paid from the account. Only the superintendent of public instruction or the superintendent's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
NEW SECTION. Sec. 7. The financial literacy public-private partnership expires June 30, 2007."
The President declared the question before the Senate to be the adoption of the committee striking amendment by the committee on Financial Services, Insurance & Housing to Substitute House Bill No. 2455.
The motion by Senator Benton carried and the committee 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 "literacy;" strike the remainder of the title and insert "adding a new section to chapter 28A.230 RCW; adding a new section to chapter 28A.300 RCW; and creating new sections."
MOTION
On motion of Senator Benton, the rules were suspended, Substitute House Bill No. 2455, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Benton and Keiser spoke in favor of passage of the bill.
Senator McAuliffe: “Would Senator Benton yield to a question? Since this went through in another committee other than Education, I’m just curious to know how this group of twelve to fourteen members, what will finance meetings and if there is not an expense for the group to come together.”
Senator Benton: “The original bill would have had the agencies paying for that. That was our concern. So we went back to the drawing board and that’s why we have created a public private partnership. So the cost involved in the meetings will be borned through a trust that’s set up that will be paid for by private companies.”
Senator McAuliffe: “I see, so there’s no public dollars, is that correct?
Senator Benton: “No.”
Senators Hargrove and Eide spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 2455, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2455, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.
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., Spanel, Stevens, Swecker and Zarelli - 45.
Voting nay: Senator Thibaudeau - 1.
Excused: Senators Deccio, Shin and Winsley - 3.
SUBSTITUTE HOUSE BILL NO. 2455, as amended by the Senate, 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
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2381, by House Committee on Higher Education (originally sponsored by Representatives Kenney, Cox, Fromhold, Chase, Miloscia, Morrell and Moeller)
Ensuring the quality of degree-granting institutions of higher education.
The bill was read the second time.
MOTION
Senator Carlson moved that the following committee striking amendment by the Committee on Education be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28B.85.020 and 1996 c 305 s 1 are each amended to read as follows:
(1) The board:
(a) Shall adopt by rule minimum standards for degree-granting institutions concerning granting of degrees, quality of education, unfair business practices, financial stability, and other necessary measures to protect citizens of this state against substandard, fraudulent, or deceptive practices. The board shall adopt the rules in accordance with chapter 34.05 RCW;
(b) May investigate any entity the board reasonably believes to be subject to the jurisdiction of this chapter. In connection with the investigation, the board may administer oaths and affirmations, issue subpoenas and compel attendance, take evidence, and require the production of any books, papers, correspondence, memorandums, or other records which the board deems relevant or material to the investigation. The board, including its staff and any other authorized persons, may conduct site inspections, the cost of which shall be borne by the institution, and examine records of all institutions subject to this chapter;
(c) Shall develop an interagency agreement with the work force training and education coordinating board to regulate degree-granting private vocational schools with respect to degree and nondegree programs; and
(d) Shall develop and disseminate information to the public about entities that sell or award degrees without requiring appropriate academic achievement at the postsecondary level, including but not limited to, a description of the substandard and potentially fraudulent practices of these entities, and advice about how the public can recognize and avoid the entities. To the extent feasible, the information shall include links to additional resources that may assist the public in identifying specific institutions offering substandard or fraudulent degree programs.
(2) Financial disclosures provided to the board by degree-granting private vocational schools are not subject to public disclosure under chapter 42.17 RCW.
Sec. 2. RCW 28B.85.040 and 1996 c 97 s 1 are each amended to read as follows:
(1) An institution or person shall not advertise, offer, sell, or award a degree or any other type of educational credential unless the student has enrolled in and successfully completed a prescribed program of study, as outlined in the institution's publications. This prohibition shall not apply to honorary credentials clearly designated as such on the front side of the diploma or certificate and awarded by institutions offering other educational credentials in compliance with state law.
(2) No exemption granted under this chapter is permanent. The board shall periodically review exempted degree-granting institutions, and continue exemptions only if an institution meets the statutory requirements for exemption in effect on the date of the review.
(3) Except as provided in subsection (1) of this section, this chapter shall not apply to:
(a) Any public college, university, community college, technical college, or institute operating as part of the public higher educational system of this state;
(b) Institutions that have been accredited by an accrediting association recognized by the agency for the purposes of this chapter: PROVIDED, That those institutions meet minimum exemption standards adopted by the agency; and PROVIDED FURTHER, That an institution, branch, extension, or facility operating within the state of Washington which is affiliated with an institution operating in another state must be a separately accredited member institution of any such accrediting association to qualify for this exemption;
(c) Institutions of a religious character, but only as to those education programs devoted exclusively to religious or theological objectives if the programs are represented in an accurate manner in institutional catalogs and other official publications; ((or))
(d) Honorary credentials clearly designated as such on the front side of the diploma or certificate awarded by institutions offering other educational credentials in compliance with state law; or
(e) Institutions not otherwise exempt which offer only workshops or seminars ((lasting no longer than three calendar days and for which academic credit is not awarded)) and institutions offering only credit-bearing workshops or seminars lasting no longer than three calendar days."
Senator Benton moved that the following amendment by Senators Benton, Carlson and Kohl-Welles to the committee striking amendment be adopted:
0n page 3, after line 11, insert the following:
"Sec. 3. RCW 28B.119.010 and 2003 c 233 s 5 are each amended to read as follows:
The higher education coordinating board shall design the Washington promise scholarship program based on the following parameters:
(1) Scholarships shall be awarded to students graduating from public and approved private high schools under chapter 28A.195 RCW, students participating in home-based instruction as provided in chapter 28A.200 RCW, and persons twenty-one years of age or younger receiving a GED certificate, who meet both an academic and a financial eligibility criteria.
(a) Academic eligibility criteria shall be defined as follows:
(i) Beginning with the graduating class of 2002, students graduating from public and approved private high schools under chapter 28A.195 RCW must be in the top fifteen percent of their graduating class, as identified by each respective high school at the completion of the first term of the student's senior year; or
(ii) Students graduating from public high schools, approved private high schools under chapter 28A.195 RCW, students participating in home-based instruction as provided in chapter 28A.200 RCW, and persons twenty-one years of age or younger receiving a GED certificate, must equal or exceed a cumulative scholastic assessment test I score of twelve hundred on their first attempt or must equal or exceed a composite American college test score of twenty-seven on their first attempt.
(b) To meet the financial eligibility criteria, a student's family income shall not exceed one hundred thirty-five percent of the state median family income adjusted for family size, as determined by the higher education coordinating board for each graduating class. Students not meeting the eligibility requirements for the first year of scholarship benefits may reapply for the second year of benefits, but must still meet the income standard set by the board for the student's graduating class.
(2) Promise scholarships are not intended to supplant any grant, scholarship, or tax program related to postsecondary education. If the board finds that promise scholarships supplant or reduce any grant, scholarship, or tax program for categories of students, then the board shall adjust the financial eligibility criteria or the amount of scholarship to the level necessary to avoid supplanting.
(3) Within available funds, each qualifying student shall receive two consecutive annual awards, the value of each not to exceed the full-time annual resident tuition rates charged by Washington's community colleges. The higher education coordinating board shall award scholarships to as many students as possible from among those qualifying under this section.
(4) By October 15th of each year, the board shall determine the award amount of the scholarships, after taking into consideration the availability of funds.
(5) The scholarships may only be used for undergraduate coursework at accredited institutions of higher education in the state of Washington.
(6) The scholarships may be used for undergraduate coursework at Oregon institutions of higher education that are part of the border county higher education opportunity project in RCW 28B.80.806 when those institutions offer programs not available at accredited institutions of higher education in Washington state.
(7) The board at its discretion may allow the scholarship to be used for undergraduate education at Oregon and Idaho institutions, located in counties adjacent to the Washington border, in order to accommodate otherwise eligible students with special needs due to documented disabilities. The board may establish rules regarding acceptable documentation of disabilities and the special needs.
(8) The scholarships may be used for college-related expenses, including but not limited to, tuition, room and board, books, and materials.
(((8))) (9) The scholarships may not be awarded to any student who is pursuing a degree in theology.
(((9))) (10) The higher education coordinating board may establish satisfactory progress standards for the continued receipt of the promise scholarship.
(((10))) (11) The higher education coordinating board shall establish the time frame within which the student must use the scholarship.
Senator Benton spoke in favor of adoption of the amendment to the committee striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senators Benton, Carlson and Kol-Welles to the committee striking amendment on page 3, line 11 to Engrossed Substitute House Bill No. 2381.
The motion by Senator Benton carried and the amendment to the committee striking amendment was adopted by voice vote.
There being no objections, the following title amendment were adopted:
On page 3, on line 13 of the title amendment, after "28B.85.020", strike the remainder of the title amendment and insert ", 28B.85.040 and 28B.119.010."
MOTION
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Higher Education as amended to Engrossed Substitute House Bill No. 2381.
The motion by Senator Carlson carried and the committee amendment as amended was adopted by voice vote.
There being no objection, the following title amendment was adopted.
On page 1, line 2 of the title, after "education;" strike the remainder of the title and insert "and amending RCW 28B.85.020, 28B.85.040."
MOTION
On motion of Senator Carlson, the rules were suspended, Engrossed Substitute House Bill No. 2381, as amended by the Senate, 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 Substitute House Bill No. 2381, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2381, as amended by the Senate, 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, 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., Spanel, Stevens, Swecker, Thibaudeau and Zarelli - 46.
Excused: Senators Deccio, Shin and Winsley - 3.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2381, as amended by the Senate, 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
HOUSE BILL NO. 1572, by Representatives Kirby, Newhouse, Moeller, Campbell, Fromhold, Hinkle and Condotta
Increasing small claims judgments upon failure to pay.
The bill was read the second time.
MOTION
On motion of Senator McCaslin, the rules were suspended, House Bill No. 1572 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 House Bill No. 1572.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1572 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, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Spanel, Stevens, Swecker, Thibaudeau and Zarelli - 47.
Excused: Senators Shin and Winsley - 2.
HOUSE BILL NO. 1572, 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
HOUSE JOINT MEMORIAL NO. 4040, by Representatives Pettigrew, Priest, Kagi, Jarrett, Tom, Benson, Miloscia, Darneille, Ormsby, Morrell and O'Brien
Requesting congress to pass a federal 211 act.
The memorial was read the second time.
MOTION
On motion of Senator Carlson, the rules were suspended, House Joint Memorial No. 4040 was advanced to third reading, the second reading considered the third and the memorial was placed on final passage.
Senator Carlson spoke in favor of passage of the memorial.
The President declared the question before the Senate to be the final passage of House Joint Memorial No. 4040.
ROLL CALL
The Secretary called the roll on the final passage of House Joint Memorial No. 4040 and the memorial 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., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Shin - 1.
HOUSE JOINT MEMORIAL NO. 4040, having received the constitutional majority, was declared passed.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1012, by House Committee on Judiciary (originally sponsored by Representatives Bush, Veloria, Miloscia, Kirby, Kenney, Dunshee and Conway)
Regarding residential landlord-tenant relationships.
The bill was read the second time.
MOTION
Senator Esser moved that further consideration of Substitute House Bill No. 1012 be deferred and that the bill hold it's place on the second reading calendar.
SECOND READING
HOUSE BILL NO. 2794, by Representatives Condotta and Wood
Allowing licensees to pay for liquor using debit and credit cards.
The bill was read the second time.
MOTION
On motion of Senator Honeyford, the rules were suspended, House Bill No. 2794 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 House Bill No. 2794.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2794 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; 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, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 46.
Voting nay: Senators Prentice and Spanel - 2.
Excused: Senator Shin - 1.
HOUSE BILL NO. 2794, 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
SUBSTITUTE HOUSE BILL NO. 3081, by House Committee on Children & Family Services (originally sponsored by Representative Rockefeller)
Revising provisions relating to medical and dental care and testing for children in the care of the department of social and health services. Revised for 1st Substitute: Revising provisions relating to medical testing for children in the care of the department of social and health services.
The bill was read the second time.
MOTION
Senator Stevens moved that the following committee striking amendment by the committee on Children & Family Services & Corrections be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 74.13 RCW to read as follows:
The legislature intends to establish a policy with the goal of ensuring that the health and well-being of both infants in foster care and the families providing for their care are protected.
NEW SECTION. Sec. 2. A new section is added to chapter 74.13 RCW to read as follows:
(1) The department of health shall develop recommendations concerning evidence-based practices for testing for blood-borne pathogens of children under one year of age who have been placed in out-of-home care and shall identify the specific pathogens for which testing is recommended.
(2) The department shall report to the appropriate committees of the legislature on the recommendations developed in accordance with subsection (1) of this section by January 1, 2005.
NEW SECTION. Sec. 3. A new section is added to chapter 74.13 RCW to read as follows:
(1) Upon any placement, the department of social and health services shall inform each out-of-home care provider if the child to be placed in that provider's care is infected with a blood-borne pathogen, and shall identify the specific blood-borne pathogen for which the child was tested if known by the department.
(2) All out-of-home care providers licensed by the department shall receive training related to blood-borne pathogens, including prevention, transmission, infection control, treatment, testing, and confidentiality.
(3) Any disclosure of information related to HIV must be in accordance with RCW 70.24.105.
(4) The department of health shall identify by rule the term "blood-borne pathogen" as used in this section."
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Children & Family Services & Corrections to Substitute House Bill No. 3081.
The motion by Senator Stevens carried and the committee 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 "services;" strike the remainder of the title and insert "and adding new sections to chapter 74.13 RCW."
MOTION
On motion of Senator Stevens, the rules were suspended, Substitute House Bill No. 3081, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Stevens spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 3081, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 3081, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, 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., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Shin - 1.
SUBSTITUTE HOUSE BILL NO. 3081, as amended by the Senate, 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
HOUSE BILL NO. 2647, by Representatives Miloscia, Haigh, McDermott, Wallace, Chase, Linville and Rockefeller
Continuing the existence of the Washington quality award council.
The bill was read the second time.
MOTION
On motion of Senator Sheldon, T., the rules were suspended, House Bill No. 2647 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 declared the question before the Senate to be the final passage of House Bill No. 2647.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2647 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., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Shin - 1.
HOUSE BILL NO. 2647, 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 objections, the Senate resumed consideration of Substitute House Bill No. 1012.
MOTION
Senator Benton moved that the following committee striking amendment by the committee on Financial Services, Insurance & Housing be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 59.18.060 and 2002 c 259 s 1 are each amended to read as follows:
The landlord will at all times during the tenancy keep the premises fit for human habitation, and shall in particular:
(1) Maintain the premises to substantially comply with any applicable code, statute, ordinance, or regulation governing their maintenance or operation, which the legislative body enacting the applicable code, statute, ordinance or regulation could enforce as to the premises rented if such condition substantially endangers or impairs the health or safety of the tenant;
(2) Maintain the roofs, floors, walls, chimneys, fireplaces, foundations, and all other structural components in reasonably good repair so as to be usable and capable of resisting any and all normal forces and loads to which they may be subjected;
(3) Keep any shared or common areas reasonably clean, sanitary, and safe from defects increasing the hazards of fire or accident;
(4) Provide a reasonable program for the control of infestation by insects, rodents, and other pests at the initiation of the tenancy and, except in the case of a single family residence, control infestation during tenancy except where such infestation is caused by the tenant;
(5) Except where the condition is attributable to normal wear and tear, make repairs and arrangements necessary to put and keep the premises in as good condition as it by law or rental agreement should have been, at the commencement of the tenancy;
(6) Provide reasonably adequate locks and furnish keys to the tenant;
(7) Maintain all electrical, plumbing, heating, and other facilities and appliances supplied by him in reasonably good working order;
(8) Maintain the dwelling unit in reasonably weathertight condition;
(9) Except in the case of a single family residence, provide and maintain appropriate receptacles in common areas for the removal of ashes, rubbish, and garbage, incidental to the occupancy and arrange for the reasonable and regular removal of such waste;
(10) Except where the building is not equipped for the purpose, provide facilities adequate to supply heat and water and hot water as reasonably required by the tenant;
(11)(a) Provide a written notice to all tenants disclosing fire safety and protection information. The landlord or his or her authorized agent must provide a written notice to the tenant that the dwelling unit is equipped with a smoke detection device as required in RCW 48.48.140. The notice shall inform the tenant of the tenant's responsibility to maintain the smoke detection device in proper operating condition and of penalties for failure to comply with the provisions of RCW 48.48.140(3). The notice must be signed by the landlord or the landlord's authorized agent and tenant with copies provided to both parties. Further, except with respect to a single-family residence, the written notice must also disclose the following:
(i) Whether the smoke detection device is hard-wired or battery operated;
(ii) Whether the building has a fire sprinkler system;
(iii) Whether the building has a fire alarm system;
(iv) Whether the building has a smoking policy, and what that policy is;
(v) Whether the building has an emergency notification plan for the occupants and, if so, provide a copy to the occupants;
(vi) Whether the building has an emergency relocation plan for the occupants and, if so, provide a copy to the occupants; and
(vii) Whether the building has an emergency evacuation plan for the occupants and, if so, provide a copy to the occupants.
(b) The information required under this subsection may be provided to a tenant in a multifamily residential building either as a written notice or as a checklist that discloses whether the building has fire safety and protection devices and systems. The checklist shall include a diagram showing the emergency evacuation routes for the occupants.
(c) The written notice or checklist must be provided to new tenants at the time the lease or rental agreement is signed, and must be provided to current tenants as soon as possible, but not later than January 1, 2004; and
(12)(a) Except as provided in (b) of this subsection, designate to the tenant the name and address of the person who is the landlord by a statement on the rental agreement or by a notice conspicuously posted on the premises. The tenant shall be notified immediately of any changes by certified mail or by an updated posting. If the person designated in this section does not reside in the state where the premises are located, there shall also be designated a person who resides in the county who is authorized to act as an agent for the purposes of service of notices and process, and if no designation is made of a person to act as agent, then the person to whom rental payments are to be made shall be considered such agent;
(b) When a tenant, after the exercise of due diligence, is unable to ascertain the physical location of a landlord by the statement of the landlord's address in the rental agreement, by the notice conspicuously posted on the premises, or as notified by certified mail, and service of any notice required under this section is deemed necessary, the tenant may provide service upon the landlord by using both certified mail and regular mail either to the address listed on the property owner's current tax statement for the property being rented by the tenant, to the address provided to the tenant for payment of rent, or to the address provided to the tenant for service of notice.
No duty shall devolve upon the landlord to repair a defective condition under this section, nor shall any defense or remedy be available to the tenant under this chapter, where the defective condition complained of was caused by the conduct of such tenant, his family, invitee, or other person acting under his control, or where a tenant unreasonably fails to allow the landlord access to the property for purposes of repair. When the duty imposed by subsection (1) of this section is incompatible with and greater than the duty imposed by any other provisions of this section, the landlord's duty shall be determined pursuant to subsection (1) of this section."
On page 1, line 1 of the title, after "relationships;" strike the remainder of the title and insert "and amending RCW 59.18.060."
MOTION
Senator Benton moved that the following amendment by Senators Benton, Winsley, Berkey and Prentice to the committee striking amendment be adopted:
On page 4, after line 3 of the amendment, insert the following:
"NEW SECTION. Sec. 2. (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. 3. 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.
(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, or group of buildings with three or more dwelling units, as defined in RCW 59.18.030 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.
(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, address, and number of occupants. Only such information may be conveyed to third parties.
(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. 4. A landlord of a multiunit building may only bill tenants for utility services separately from rent if the city, town, county, or other municipality where the multiunit building is located has implemented laws and ordinances relating to third-party utility billings that are consistent with this chapter.
NEW SECTION. Sec. 5. (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 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. 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 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:
(i) A service charge of no more than two dollars per utility per month, not to exceed a cumulative service charge of five dollars per month for all the utilities included in the bill;
(ii) Late payment charges of no more than five dollars per month plus interest at a rate not to exceed one percent per month;
(iii) Insufficient funds check charges for dishonored checks, not to exceed thirty-one dollars per dishonored check; and
(iv) A one-time account activation fee of five dollars.
The charges under this subsection may be adjusted and increased on an annual basis by an amount not to exceed the greater of the consumer price index or three percent.
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:
(A) The current and previous submeter readings, the current read dates, and the amount concerned; and
(B) If the landlord was provided with an estimated bill from the serving utility, whether the tenant billing is also an estimated billing or whether it was prepared on the basis of factual submetered usage consistent with normal serving utility service charges;
(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. In addition, for disputes arising under this chapter, mandatory dispute resolution shall be in accordance with the existing residential landlord-tenant act.
(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. 6. 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. 7. Sections 2 through 6 of this act constitute a new chapter in Title 59 RCW."
On page 4, line 4 of the title amendment, after "relationships;" strike the remainder of the title amendment and insert "amending RCW 59.18.060; and adding a new chapter to Title 59 RCW."
Senator Fairley: “Thank you Mr. President. I raise a point of scope and object on the amendment to the committee amendment.”
Senator Fairley spoke in favor of the point of order.
Senator Benton spoke against the point of order.
Senator Esser moved that the Senate defer further consideration of Substitute House Bill No. 1012 and the bill hold it's place on the second reading calendar.
MOTION
At 5:09 p.m., on motion of Senator Esser, the Senate was declared to be at ease subject to the Call of the President for the purpose of a Rules Committee Meeting.
MOTION
On motion of Senator Esser, Senate Rule 15 was suspended for the remainder of the day for the purposes of allowing continued floor action.
EDITOR’S NOTE: Senate Rule 15 establishes the floor schedule and calls for a lunch and dinner break of ninety minutes each per day during regular daily sessions.
The Senate was called to order at 6:45 p.m. by President Owen.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 3116, by House Committee on Finance (originally sponsored by Representatives Murray, Cairnes, Sehlin, Sommers, McIntire, Lovick, Hatfield, Kenney, Morrell and Santos)
Modifying tax exemptions for blood banks, bone or tissue banks, and comprehensive cancer centers. Revised for 1st Substitute: Modifying tax exemptions for blood banks and bone or tissue banks. (REVISED FOR ENGROSSED: Modifying tax exemptions for qualifying blood banks, tissue banks, and blood and tissue banks.)
The bill was read the second time.
MOTION
Senator Zarelli moved that the following committee striking amendment by the committee on Ways & Means be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 82.04.324 and 1995 2nd sp.s. c 9 s 3 are each amended to read as follows:
(1) ((As used in this section:
(a) "Blood" includes human whole blood, plasma, blood derivatives, and related products.
(b) "Bone" includes human bone, bone marrow, and related products.
(c) "Tissue" includes human musculoskeletal tissue, musculoskeletal tissue derivatives, and related products.
(d) "Blood, bone, or tissue bank" means an organization exempt from federal income tax under section 501(c)(3) of the federal internal revenue code, organized solely for the purpose of performing research on, procuring, testing, processing, storing, packaging, distributing, or using blood, bone, or tissue.
(e) "Medical supplies" means any item of tangible personal property, including any repair and replacement parts for such tangible personal property, used by a blood, tissue, or bone bank for the purpose of performing research on, procuring, testing, processing, storing, packaging, distributing, or using blood, bone, or tissue. The term includes tangible personal property used to:
(i) Provide preparatory treatment of blood, bone, or tissue;
(ii) Control, guide, measure, tune, verify, align, regulate, test, or physically support blood, bone, or tissue; and
(iii) Protect the health and safety of employees or others present during research on, procuring, testing, processing, storing, packaging, distributing, or using blood, bone, or tissue.
(f) "Chemical" means any catalyst, solvent, water, acid, oil, or other additive that physically or chemically interacts with blood, bone, or tissue.
(g) "Materials" means any item of tangible personal property, including, but not limited to, bags, packs, collecting sets, filtering materials, testing reagents, antisera, and refrigerants used or consumed in performing research on, procuring, testing, processing, storing, packaging, distributing, or using blood, bone, or tissue.
(h) "Research" means basic and applied research that has as its objective the design, development, refinement, testing, marketing, or commercialization of a product, service, or process.
(2))) This chapter does not apply to amounts received by a qualifying blood((, bone, or)) bank, a qualifying tissue ((banks)) bank, or a qualifying blood and tissue bank to the extent the amounts are exempt from federal income tax.
(2) For the purposes of this section:
(a) "Qualifying blood bank" means a blood bank that qualifies as an exempt organization under 26 U.S.C. 501(c)(3) as existing on the effective date of this section, is registered pursuant to 21 C.F.R., part 607 as existing on the effective date of this section, and whose primary business purpose is the collection, preparation, and processing of blood. "Qualifying blood bank" does not include a comprehensive cancer center that is recognized as such by the national cancer institute.
(b) "Qualifying tissue bank" means a tissue bank that qualifies as an exempt organization under 26 U.S.C. 501(c)(3) as existing on the effective date of this section, is registered pursuant to 21 C.F.R., part 1271 as existing on the effective date of this section, and whose primary business purpose is the recovery, processing, storage, labeling, packaging, or distribution of human bone tissue, ligament tissue and similar musculoskeletal tissues, skin tissue, heart valve tissue, or human eye tissue. "Qualifying tissue bank" does not include a comprehensive cancer center that is recognized as such by the national cancer institute.
(c) "Qualifying blood and tissue bank" is a bank that qualifies as an exempt organization under 26 U.S.C. 501(c)(3) as existing on the effective date of this section, is registered pursuant to 21 C.F.R., part 607 and part 1271 as existing on the effective date of this section, and whose primary business purpose is the collection, preparation, and processing of blood, and the recovery, processing, storage, labeling, packaging, or distribution of human bone tissue, ligament tissue and similar musculoskeletal tissues, skin tissue, and heart valve tissue. "Qualifying blood and tissue bank" does not include a comprehensive cancer center that is recognized as such by the national cancer institute.
Sec. 2. RCW 82.08.02805 and 1995 2nd sp.s. c 9 s 4 are each amended to read as follows:
(1) The tax levied by RCW 82.08.020 does not apply to the sale of medical supplies, chemicals, or materials to a qualifying blood((, bone, or)) bank, a qualifying tissue bank, or a qualifying blood and tissue bank. ((The definitions in RCW 82.04.324 apply to this section.)) The exemption in this section does not apply to the sale of construction materials, office equipment, building equipment, administrative supplies, or vehicles.
(2) For the purposes of this section, the following definitions apply:
(a) "Medical supplies" means any item of tangible personal property, including any repair and replacement parts for such tangible personal property, used by a qualifying blood bank, a qualifying tissue bank, or a qualifying blood and tissue bank for the purpose of performing research on, procuring, testing, processing, storing, packaging, distributing, or using blood, bone, or tissue. The term includes tangible personal property used to:
(i) Provide preparatory treatment of blood, bone, or tissue;
(ii) Control, guide, measure, tune, verify, align, regulate, test, or physically support blood, bone, or tissue; and
(iii) Protect the health and safety of employees or others present during research on, procuring, testing, processing, storing, packaging, distributing, or using blood, bone, or tissue.
(b) "Chemical" means any catalyst, solvent, water, acid, oil, or other additive that physically or chemically interacts with blood, bone, or tissue.
(c) "Materials" means any item of tangible personal property, including, but not limited to, bags, packs, collecting sets, filtering materials, testing reagents, antisera, and refrigerants used or consumed in performing research on, procuring, testing, processing, storing, packaging, distributing, or using blood, bone, or tissue.
(d) "Research" means basic and applied research that has as its objective the design, development, refinement, testing, marketing, or commercialization of a product, service, or process.
(e) The definitions in RCW 82.04.324 apply to this section.
Sec. 3. RCW 82.12.02747 and 1995 2nd sp.s. c 9 s 5 are each amended to read as follows:
(1) The provisions of this chapter do not apply in respect to the use of medical supplies, chemicals, or materials by a qualifying blood((, bone, or)) bank, a qualifying tissue bank, or a qualifying blood and tissue bank. ((The definitions in RCW 82.04.324 apply to this section.)) The exemption in this section does not apply to the use of construction materials, office equipment, building equipment, administrative supplies, or vehicles.
(2) The definitions in RCW 82.04.324 and 82.08.02805 apply to this section.
Sec. 4. RCW 84.36.035 and 1995 2nd sp.s. c 9 s 1 are each amended to read as follows:
(1) The following property shall be exempt from taxation:
All property, whether real or personal, belonging to or leased by any nonprofit corporation or association and used exclusively in the business of a qualifying blood((, bone, or)) bank, a qualifying tissue bank ((as defined in RCW 82.04.324)), or a qualifying blood and tissue bank, or in the administration of ((such business)) these businesses. If the real or personal property is leased, the benefit of the exemption shall inure to the nonprofit corporation or association.
(2) The definitions in RCW 82.04.324 apply to this section."
The President declared the question before the Senate to be the adoption of the committee striking amendment by the committee on Ways & Means to Engrossed Substitute House Bill No. 3116.
The motion by Senator Zarelli carried and the committee 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 "centers;" strike the remainder of the title and insert "and amending RCW 82.04.324, 82.08.02805, 82.12.02747, and 84.36.035."
MOTION
On motion of Senator Zarelli, the rules were suspended, Engrossed Substitute House Bill No. 3116, as amended by the Senate, 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 declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 3116, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 3116, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, 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., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Shin - 1.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 3116, as amended by the Senate, 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
SUBSTITUTE HOUSE BILL NO. 2685, by House Committee on Commerce & Labor (originally sponsored by Representatives Hudgins, McMorris, Conway and Kenney; by request of Liquor Control Board)
Revising provisions relating to acceptable forms of identification for liquor sales.
The bill was read the second time.
MOTION
On motion of Senator Honeyford, the rules were suspended, Substitute House Bill No. 2685 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Honeyford spoke in favor passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 2685.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2685 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., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Shin - 1.
SUBSTITUTE HOUSE BILL NO. 2685, 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
HOUSE BILL NO. 2511, by Representatives Flannigan, Jarrett, Lovick, Schual-Berke and Moeller; by request of Washington Traffic Safety Commission
Clarifying seat belt requirements.
The bill was read the second time.
MOTION
Senator Mulliken moved that the following amendment by Senators Mulliken be adopted:
On page 2, line 6, after "(a) The following" insert ", as a secondary enforcement action,"
Senator Haugen: “A point of order. Thank you Mr. President. I would ask that you rule if this amendment is within the scope and object of the underlying bill. The underlying bill is limited to clarifying the types of vehicles subject to the mandatory seat belt law. The clarification is made-by-simply by removing the federal law reference and replacing it with more commonly used language in order that the average citizen can determine whether their vehicle is subject to the mandatory seat belt law. The underlying bill does not address enforcement of this law in any way both in the title and in the substance of the bill. The substance of the bill only address the clarification to which the vehicles are covered under the law and in no way addresses in enforcement of this law.”
Senator Benton spoke against the point of order.
MOTION
Senator Esser moved that further consideration of House Bill No. 2511 be deferred and that the bill hold it's place on the second reading calendar.
SECOND READING
ENGROSSED HOUSE BILL NO. 2364, by Representatives Kagi, O'Brien, Clibborn, Santos, Dickerson, Schual-Berke, Morrell, Edwards and Hudgins
Regulating homeowner's insurance.
The bill was read the second time.
MOTION
On motion of Senator Benton, the rules were suspended, Engrossed House Bill No. 2364 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.
The President declared the question before the Senate to be the final passage of Engrossed House Bill No. 2364.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 2364 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., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Shin - 1.
ENGROSSED HOUSE BILL NO. 2364, 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
HOUSE BILL NO. 2601, by Representatives Lovick, Carrell, Flannigan, Newhouse, Lantz, Ahern, Morrell, O'Brien, Kirby, Cooper, Moeller, McMahan, Haigh, Campbell, Rockefeller, Conway and Wood
Prohibiting the unlawful discharge of reserve officers.
The bill was read the second time.
MOTION
On motion of Senator Honeyford, the rules were suspended, House Bill No. 2601 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 House Bill No. 2601.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2601 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., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Shin - 1.
HOUSE BILL NO. 2601, 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
SUBSTITUTE HOUSE BILL NO. 2321, by House Committee on Agriculture & Natural Resources (originally sponsored by Representatives Linville, Schoesler, Sump, Grant and Pearson; by request of Commissioner of Public Lands)
Clarifying the definitions of certain natural resources terms.
The bill was read the second time.
MOTION
Senator Morton moved that the following committee striking amendment by the committee on Natural Resources, Energy & Water be adopted:
Strike everything after the enacting clause and insert the following:
"PART 1
TITLE 43 AMENDMENTS
Sec. 101. RCW 43.30.700 and 1986 c 100 s 50 are each amended to read as follows:
(1) The department may:
(a) Inquire into the production, quality, and quantity of second growth timber to ascertain conditions for reforestation; and
(b) Publish information pertaining to forestry and forest products which it considers of benefit to the people of the state.
(2) The department shall:
(a) Collect information through investigation by its employees, on forest lands owned by the state, including:
(i) Condition of the lands;
(ii) Forest fire damage;
(iii) Illegal cutting, trespassing, or thefts; and
(iv) The number of acres and the value of the timber that is cut and removed each year, to determine which state lands are valuable chiefly for growing timber;
(b) Prepare maps of each timbered county showing state land therein; and
(c) Protect ((state land)) forested public land, as defined in RCW 79.02.010, as much as is practical and feasible from fire, trespass, theft, and the illegal cutting of timber.
(3) When the department considers it to be in the best interest of the state, it may cooperate with any agency of another state, the United States or any agency thereof, the Dominion of Canada or any agency or province thereof, and any county, town, corporation, individual, or Indian tribe within the state of Washington in:
(a) Forest surveys;
(b) Forest studies;
(c) Forest products studies; and
(d) Preparation of plans for the protection, management, and replacement of trees, wood lots, and timber tracts.
PART 2
TITLE 79 AMENDMENTS
Sec. 201. RCW 79.02.010 and 2003 c 334 s 301 are each amended to read as follows:
The definitions in this section apply throughout this title unless the context clearly requires otherwise.
(1) "Aquatic lands" means all state-owned tidelands, shorelands, harbor areas, and the beds of navigable waters as defined in chapter 79.90 RCW that are ((managed)) administered by the department.
(2) "Board" means the board of natural resources.
(3) "Commissioner" means the commissioner of public lands.
(4) "Community and technical college forest reserve lands" means lands managed under RCW 79.02.420.
(5) "Department" means the department of natural resources.
(6) (("Improvements," when referring to state lands,)) "Improvements" means anything considered a fixture in law placed upon or attached to ((such)) lands administered by the department that has changed the value of the lands or any changes in the previous condition of the fixtures that changes the value of the lands.
(7) "Land bank lands" means lands acquired under RCW 79.19.020.
(8) "Person" means an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of a federal, state, or local governmental unit, however designated.
(9) "Public lands" means lands of the state of Washington ((and includes lands belonging to or held in trust by the state, which are not devoted to or reserved for a particular use by law. They include)) administered by the department including but not limited to state lands, ((tidelands, shorelands, and harbor areas as defined in chapter 79.90 RCW, and the beds of navigable waters belonging to the)) state forest lands, and aquatic lands.
(10) "State forest lands" means lands acquired under RCW 79.22.010, 79.22.040, and 79.22.020.
(11) "State lands" includes:
(a) School lands, that is, lands held in trust for the support of the common schools;
(b) University lands, that is, lands held in trust for university purposes;
(c) Agricultural college lands, that is, lands held in trust for the use and support of agricultural colleges;
(d) Scientific school lands, that is, lands held in trust for the establishment and maintenance of a scientific school;
(e) Normal school lands, that is, lands held in trust for state normal schools;
(f) Capitol building lands, that is, lands held in trust for the purpose of erecting public buildings at the state capital for legislative, executive, and judicial purposes;
(g) Institutional lands, that is, lands held in trust for state charitable, educational, penal, and reformatory institutions; and
(h) ((All public lands of the state, except tidelands, shorelands, harbor areas, and the beds of navigable waters)) Land bank, escheat, donations, and all other lands, except aquatic lands, administered by the department that are not devoted to or reserved for a particular use by law.
(12) (("Valuable materials," when referring to state lands or state forest lands,)) "Valuable materials" means any product or material on the lands, such as forest products, forage or agricultural crops, stone, gravel, sand, peat, and all other materials of value except mineral, coal, petroleum, and gas as provided for under chapter 79.14 RCW.
Sec. 202. RCW 79.02.040 and 2003 c 334 s 432 are each amended to read as follows:
The department may review and reconsider any of its official acts relating to ((state)) public lands until such time as a lease, contract, or deed shall have been made, executed, and finally issued, and the department may recall any lease, contract, or deed issued for the purpose of correcting mistakes or errors, or supplying omissions.
Sec. 203. RCW 79.02.050 and 2003 c 334 s 365 are each amended to read as follows:
(1) Any sale, transfer, or lease ((of state lands)) in which the purchaser, transfer recipient, or lessee obtains the sale or lease by fraud or misrepresentation is void, and the contract of purchase or lease shall be of no effect. In the event of fraud, the contract, transferred property, or lease must be surrendered to the department, but the purchaser, transfer recipient, or lessee may not be refunded any money paid on account of the surrendered contract, transfer, or lease.
(([(2)])) (2) In the event that a mistake is discovered in the sale or lease ((of state lands)), or in the sale of valuable materials ((on state lands)), the department may take action to correct the mistake in accordance with RCW 79.02.040 if maintaining the corrected contract, transfer, or lease is in the best interests of the affected trust or trusts.
Sec. 204. RCW 79.02.160 and 2003 c 334 s 308 are each amended to read as follows:
In case any person interested in any tract of land heretofore selected by the territory of Washington or any officer, board, or agent thereof or by the state of Washington or any officer, board, or agent thereof or which may be hereafter selected by the state of Washington or the department, in pursuance to any grant of ((public)) lands made by the United States to the territory or state of Washington for any purpose or upon any trust whatever, the selection of which has failed or been rejected or shall fail or shall be rejected for any reason, shall request it, the department shall have the authority and power on behalf of the state to relinquish to the United States such tract of land.
Sec. 205. RCW 79.02.280 and 2003 c 334 s 377 are each amended to read as follows:
All contracts of purchase((,)) or leases((, of state lands)) issued by the department shall be assignable in writing by the contract holder or lessee and the assignee shall be subject to and governed by the provisions of law applicable to the assignor and shall have the same rights in all respects as the original purchaser, or lessee, of the lands, provided the assignment is approved by the department and entered of record in its office.
Sec. 206. RCW 79.02.290 and 2003 c 334 s 363 are each amended to read as follows:
Whenever the holder of a contract of purchase ((of any state lands,)) or the holder of any lease ((of any such lands)), except for mining of valuable minerals or coal, or extraction of petroleum or gas, shall surrender the same to the department with the request to have it divided into two or more contracts, or leases, the department may divide the same and issue new contracts, or leases, but no new contract, or lease, shall issue while there is due and unpaid any interest, rental, or taxes or assessments on the land held under such contract or lease, nor in any case where the department is of the opinion that the state's security would be impaired or endangered by the proposed division. For all such new contracts, or leases, a fee as provided under this chapter, shall be paid by the applicant.
Sec. 207. RCW 79.02.300 and 2003 c 334 s 435 are each amended to read as follows:
(1) Every person who, without authorization, uses or occupies public lands, removes any valuable material as defined in RCW ((79.01.038)) 79.02.010 from public lands, or causes waste or damage to public lands, or injures publicly owned personal property or publicly owned improvements to real property on public lands, is liable to the state for treble the amount of the damages. However, liability shall be for single damages if the department determines, or the person proves upon trial, that the person, at time of the unauthorized act or acts, did not know, or have reason to know, that he or she lacked authorization. Damages recoverable under this section include, but are not limited to, the market value of the use, occupancy, or things removed, had the use, occupancy, or removal been authorized; and any damages caused by injury to the land, publicly owned personal property or publicly owned improvement, including the costs of restoration. In addition, the person is liable for reimbursing the state for its reasonable costs, including but not limited to, its administrative costs, survey costs to the extent they are not included in damages awarded for restoration costs, and its reasonable attorneys' fees and other legal costs.
(2) This section does not apply in any case where liability for damages is provided under RCW 64.12.030, 4.24.630, 79.02.320, or 79.02.340.
(3) The department is authorized and directed to investigate all trespasses and wastes upon, and damages to, public lands of the state, and to cause prosecutions for, and/or actions for the recovery of the same to be commenced as is provided by law.
Sec. 208. RCW 79.02.340 and 2003 c 334 s 504 are each amended to read as follows:
It shall be unlawful for any person to enter upon ((any of the state)) public lands((, including all land under the jurisdiction of the department,)) or upon any private land without the permission of the owner thereof and to cut, break, or remove therefrom for commercial purposes any evergreen trees, commonly known as Christmas trees, including fir, hemlock, spruce, and pine trees. Any person cutting, breaking, or removing or causing to be cut, broken, or removed, or who cuts down, cuts off, breaks, tops, or destroys any of such Christmas trees shall be liable to the state, or to the private owner thereof, for payment for such trees at a price of one dollar each if payment is made immediately upon demand. Should it be necessary to institute civil action to recover the value of such trees, the state in the case of ((state)) public lands, or the owner in case of private lands, may exact treble damages on the basis of three dollars per tree for each tree so cut or removed.
Sec. 209. RCW 79.10.060 and 2003 c 334 s 544 are each amended to read as follows:
The department may comply with county or municipal zoning ordinances, laws, rules, or regulations affecting the use of ((state)) public lands ((under the jurisdiction of the department)) where such regulations are consistent with the treatment of similar private lands.
Sec. 210. RCW 79.10.100 and 2003 c 334 s 534 are each amended to read as follows:
The legislature hereby directs that a multiple use concept be utilized by the department in the ((management and)) administration of ((state-owned)) public lands ((under the jurisdiction of the department)) where such a concept is in the best interests of the state and the general welfare of the citizens thereof, and is consistent with the applicable ((trust)) provisions of the various lands involved.
Sec. 211. RCW 79.11.100 and 2003 c 334 s 328 are each amended to read as follows:
In no case shall any lands granted to the state be offered for sale under this chapter unless the same shall have been appraised by the board within ninety days prior to the date fixed for the sale. A purchaser of state lands may not rely upon the appraisal prepared by the department or made by the board for purposes of deciding whether to make a purchase from the department. All purchasers are required to make their own independent appraisals.
Sec. 212. RCW 79.13.380 and 2003 c 334 s 491 are each amended to read as follows:
The department has the power, and it is its duty, to adopt, from time to time, reasonable rules for the grazing of livestock on such tracts and areas of the indemnity or lieu ((public)) lands of the state contiguous to national forests and suitable for grazing purposes, as have been, or shall be, obtained from the United States under the provisions of RCW 79.02.120.
Sec. 213. RCW 79.15.030 and 2003 c 334 s 339 are each amended to read as follows:
All sales of valuable materials ((upon state lands and state forest lands)) shall be made subject to the right, power, and authority of the department to prescribe rules or procedures governing the manner of the sale and removal of the valuable materials. Such procedures shall be binding when contained within a purchaser's contract for valuable materials and apply to the purchaser's successors in interest and shall be enforced by the department.
Sec. 214. RCW 79.15.055 and 2003 c 334 s 309 are each amended to read as follows:
For the purposes of this chapter, "appraisal" means an estimate of the market value of ((land or)) valuable materials. The estimate must reflect the value based on market conditions at the time of the sale or transfer offering. The appraisal must reflect the department's best effort to establish a reasonable market value for the purpose of setting a minimum bid at auction or transfer. A purchaser of ((state lands or)) valuable materials may not rely upon the appraisal prepared by the department for purposes of deciding whether to make a purchase from the department. All purchasers are required to make their own independent appraisals.
Sec. 215. RCW 79.19.030 and 2003 c 334 s 527 are each amended to read as follows:
The department, with the approval of the board, may:
(1) Exchange property held in the land bank for any other ((public)) lands of equal value administered by the department, including any lands held in trust.
(2) Exchange property held in the land bank for property of equal or greater value which is owned publicly or privately, and which has greater potential for natural resource or income production or which could be more efficiently managed by the department, however, no power of eminent domain is hereby granted to the department; and
(3) Sell property held in the land bank in the manner provided by law for the sale of state lands without any requirement of platting and to use the proceeds to acquire property for the land bank which has greater potential for natural resource or income production or which would be more efficiently managed by the department.
Sec. 216. RCW 79.22.300 and 2003 c 334 s 213 are each amended to read as follows:
Whenever the board of county commissioners of any county shall determine that state forest lands, that were acquired from such county by the state pursuant to RCW 79.22.040 and that are under the administration of the department, are needed by the county for public park use in accordance with the county and the state outdoor recreation plans, the board of county commissioners may file an application with the board for the transfer of such state forest lands.
Upon the filing of an application by the board of county commissioners, the department shall cause notice of the impending transfer to be given in the manner provided by RCW 42.30.060. If the department determines that the proposed use is in accordance with the state outdoor recreation plan, it shall reconvey said state forest lands to the requesting county to have and to hold for so long as the state forest lands are developed, maintained, and used for the proposed public park purpose. This reconveyance may contain conditions to allow the department to coordinate the management of any adjacent ((state owned)) public lands with the proposed park activity to encourage maximum multiple use management and may reserve rights of way needed to manage other ((state owned)) public lands in the area. The application shall be denied if the department finds that the proposed use is not in accord with the state outdoor recreation plan. If the land is not, or ceases to be, used for public park purposes the land shall be conveyed back to the department upon request of the department.
Sec. 217. RCW 79.36.330 and 2003 c 334 s 228 are each amended to read as follows:
In the event the department should determine that the property interests acquired under the authority of this chapter are no longer necessary for the purposes for which they were acquired, the department shall dispose of the same in the following manner, when in the discretion of the department it is to the best interests of the state of Washington to do so, except that property purchased with educational funds or held in trust for educational purposes shall be sold only in the same manner as are ((public)) state lands ((of the state)):
(1) Where the state property necessitating the acquisition of private property interests for access purposes under authority of this chapter is sold or exchanged, the acquired property interests may be sold or exchanged as an appurtenance of the state property when it is determined by the department that sale or exchange of the state property and acquired property interests as one parcel is in the best interests of the state.
(2) If the acquired property interests are not sold or exchanged as provided in subsection (1) of this section, the department shall notify the person or persons from whom the property interest was acquired, stating that the property interests are to be sold, and that the person or persons shall have the right to purchase the same at the appraised price. The notice shall be given by registered letter or certified mail, return receipt requested, mailed to the last known address of the person or persons. If the address of the person or persons is unknown, the notice shall be published twice in an official newspaper of general circulation in the county where the lands or a portion thereof is located. The second notice shall be published not less than ten nor more than thirty days after the notice is first published. The person or persons shall have thirty days after receipt of the registered letter or five days after the last date of publication, as the case may be, to notify the department, in writing, of their intent to purchase the offered property interest. The purchaser shall include with his or her notice of intention to purchase, cash payment, certified check, or money order in an amount not less than one-third of the appraised price. No instrument conveying property interests shall issue from the department until the full price of the property is received by the department. All costs of publication required under this section shall be added to the appraised price and collected by the department upon sale of the property interests.
(3) If the property interests are not sold or exchanged as provided in subsections (1) and (2) of this section, the department shall notify the owners of land abutting the property interests in the same manner as provided in subsection (2) of this section and their notice of intent to purchase shall be given in the manner and in accordance with the same time limits as are set forth in subsection (2) of this section. However, if more than one abutting owner gives notice of intent to purchase the property interests, the department shall apportion them in relation to the lineal footage bordering each side of the property interests to be sold, and apportion the costs to the interested purchasers in relation thereto. Further, no sale is authorized by this section unless the department is satisfied that the amounts to be received from the several purchasers will equal or exceed the appraised price of the entire parcel plus any costs of publishing notices.
(4) If no sale or exchange is consummated as provided in subsections (1) through (3) of this section, the department shall sell the properties in the same manner as state lands are sold.
(5) Any disposal of property interests authorized by this chapter shall be subject to any existing rights previously granted by the department.
Sec. 218. RCW 79.36.355 and 2003 c 334 s 396 are each amended to read as follows:
The department may grant to any person such easements and rights in ((state lands or state forest)) public lands, not otherwise provided in law, as the applicant applying therefor may acquire in privately owned lands ((through proceedings in eminent domain)). No grant shall be made under this section until such time as the full market value of the estate or interest granted together with damages to all remaining property of the state of Washington has been ascertained and safely secured to the state.
Sec. 219. RCW 79.36.380 and 1982 1st ex.s. c 21 s 168 are each amended to read as follows:
Every grant, deed, conveyance, contract to purchase or lease made since ((the fifteenth day of)) June 15, 1911, or hereafter made to any person, firm, or corporation, for a right of way for a private railroad, skid road, canal, flume, watercourse, or other easement, over or across any ((state)) public lands for the purpose of, and to be used in, transporting and moving timber, minerals, stone, sand, gravel, or other valuable materials of the land, shall be subject to the right of the state, or any grantee or lessee thereof, or other person who has acquired since ((the fifteenth day of)) June 15, 1911, or shall hereafter acquire, any lands containing valuable materials contiguous to, or in proximity to, such right of way, or who has so acquired or shall hereafter acquire such valuable materials situated upon ((state)) public lands or contiguous to, or in proximity to, such right of way, of having such valuable materials transported or moved over such private railroad, skid road, flume, canal, watercourse, or other easement, after the same is or has been put in operation, upon paying therefor just and reasonable rates for transportation, or for the use of such private railroad, skid road, flume, canal, watercourse, or other easement, and upon complying with just, reasonable and proper rules and regulations relating to such transportation or use, which rates, rules, and regulations, shall be under the supervision and control of the utilities and transportation commission.
Sec. 220. RCW 79.36.390 and 1982 1st ex.s. c 21 s 169 are each amended to read as follows:
Any person, firm, or corporation, having acquired such right of way or easement since ((the fifteenth day of)) June 15, 1911, or hereafter acquiring such right of way or easement over any ((state)) public lands for the purpose of transporting or moving timber, mineral, stone, sand, gravel, or other valuable materials, and engaged in such business thereon, shall accord to the state, or any grantee or lessee thereof, having since ((the fifteenth day of)) June 15, 1911, acquired, or hereafter acquiring, from the state, any ((state)) public lands containing timber, mineral, stone, sand, gravel, or other valuable materials, contiguous to or in proximity to such right of way or easement, or any person, firm, or corporation, having since ((the fifteenth day of)) June 15, 1911, acquired, or hereafter acquiring, the timber, mineral, stone, sand, gravel, or other valuable materials upon any ((state)) public lands contiguous to or in proximity to the lands over which such right of way or easement is operated, proper and reasonable facilities and service for transporting and moving such valuable materials, under reasonable rules and regulations and upon payment of just and reasonable charges therefor, or, if such right of way or other easement is not then in use, shall accord the use of such right of way or easement for transporting and moving such valuable materials, under reasonable rules and regulations and upon the payment of just and reasonable charges therefor.
Sec. 221. RCW 79.38.010 and 2003 c 334 s 499 are each amended to read as follows:
In addition to any authority otherwise granted by law, the department shall have the authority to acquire lands, interests in lands, and other property for the purpose of affording access by road to public lands ((or state forest lands)) from any public highway.
Sec. 222. RCW 79.38.020 and 1981 c 204 s 1 are each amended to read as follows:
To facilitate the carrying out of the purpose of this chapter, the department ((of natural resources)) may:
(1) Grant easements, rights of way, and permits to cross public lands ((and state forest lands)) to any person in exchange for similar rights over lands not under its jurisdiction;
(2) Enter into agreements with any person or agency relating to purchase, construction, reconstruction, maintenance, repair, regulation, and use of access roads or public roads used to provide access to public lands ((or state forest lands));
(3) Dispose, by sale, exchange, or otherwise, of any interest in an access road in the event it determines such interest is no longer necessary for the purposes of this chapter.
Sec. 223. RCW 79.38.030 and 2003 c 334 s 500 are each amended to read as follows:
Purchasers of valuable materials from public lands ((or state forest lands)) may use access roads or public roads for the removal of such materials where the rights acquired by the state will permit, but use shall be subject to the right of the department:
(1) To impose reasonable terms for the use, construction, reconstruction, maintenance, and repair of such access roads; and
(2) To impose reasonable charges for the use of such access roads or public roads which have been constructed or reconstructed through funding by the department.
Sec. 224. RCW 79.38.050 and 2003 c 334 s 502 are each amended to read as follows:
The department shall create, maintain, and administer a revolving fund, to be known as the access road revolving fund in which shall be deposited all moneys received by it from users of access roads as payment for costs incurred or to be incurred in maintaining, repairing, and reconstructing access roads, or public roads used to provide access to public lands ((or state forest lands)). The department may use moneys in the fund for the purposes for which they were obtained without appropriation by the legislature.
Sec. 225. RCW 79.38.060 and 2003 c 334 s 503 are each amended to read as follows:
All moneys received by the department from users of access roads that are not deposited in the access road revolving fund shall be paid as follows:
(1) To reimburse the state fund or account from which expenditures have been made for the acquisition, construction, or improvement of the access road or public road, and upon full reimbursement, then
(2) To the funds or accounts for which the public lands ((and state forest lands)), to which access is provided, are pledged by law or constitutional provision, in which case the department shall make an equitable apportionment between funds and accounts so that no fund or account shall benefit at the expense of another.
Sec. 226. RCW 79.64.020 and 2003 c 334 s 520 are each amended to read as follows:
A resource management cost account in the state treasury is created to be used solely for the purpose of defraying the costs and expenses necessarily incurred by the department in managing and administering ((public)) state lands and aquatic lands and the making and administering of leases, sales, contracts, licenses, permits, easements, and rights of way as authorized under the provisions of this title. Appropriations from the resource management cost account to the department shall be expended for no other purposes. Funds in the resource management cost account may be appropriated or transferred by the legislature for the benefit of all of the trusts from which the funds were derived.
Sec. 227. RCW 79.64.040 and 2003 c 334 s 522 and 2003 c 313 s 8 are each reenacted and amended to read as follows:
The board shall determine the amount deemed necessary in order to achieve the purposes of this chapter and shall provide by rule for the deduction of this amount from the moneys received from all leases, sales, contracts, licenses, permits, easements, and rights of way issued by the department and affecting ((public)) state lands and aquatic lands, provided that no deduction shall be made from the proceeds from agricultural college lands. Moneys received as deposits from successful bidders, advance payments, and security under RCW 79.15.100, 79.15.080, and 79.11.150 prior to December 1, 1981, which have not been subjected to deduction under this section are not subject to deduction under this section. The deductions authorized under this section shall in no event exceed twenty-five percent of the moneys received by the department in connection with any one transaction pertaining to ((public)) state lands and aquatic lands other than second class tide and shore lands and the beds of navigable waters, and fifty percent of the moneys received by the department pertaining to second class tide and shore lands and the beds of navigable waters.
In the event that the department sells logs using the contract harvesting process described in RCW 79.15.500 through 79.15.530, the moneys received subject to this section are the net proceeds from the contract harvesting sale.
Sec. 228. RCW 79.70.040 and 1972 ex.s. c 119 s 4 are each amended to read as follows:
The department is further authorized to purchase, lease, set aside, or exchange any public ((land or state-owned trust)) lands which are deemed to be natural areas: PROVIDED, That the appropriate state land trust receives the fair market value for any interests that are disposed of: PROVIDED, FURTHER, That such transactions are approved by the board of natural resources.
An area consisting of public land ((or state-owned trust lands)) designated as a natural area preserve shall be held in trust and shall not be alienated except to another public use upon a finding by the department of natural resources of imperative and unavoidable public necessity.
PART 3
MISCELLANEOUS
NEW SECTION. Sec. 301. A new section is added to chapter 79.02 RCW under the subchapter heading "general provisions" to read as follows:
The provisions of this act are not intended to affect the trust responsibilities or trust management by the department for any trust lands granted by the federal government or legislatively created trusts. The trust obligations relating to federally granted lands, state forest lands, community and technical college forest reserve lands, and university repayment lands shall not be altered by the definition clarifications contained in this act. The rights, privileges, and prerogatives of the public shall not be altered in any way by this act, and no additional or changed authority or power is granted to any person, corporation, or entity.
NEW SECTION. Sec. 302. Part headings used in this act are not any part of the law."
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Natural Resources, Energy & Water to Substitute House Bill No. 2321.
The motion by Senator Morton carried and the committee striking amendment was adopted by voice vote.
There being no objection, the following title amendment was adopted:
On page 1, beginning on line 2 of the title, after "statutes;" strike the remainder of the title and insert "amending RCW 43.30.700, 79.02.010, 79.02.040, 79.02.050, 79.02.160, 79.02.280, 79.02.290, 79.02.300, 79.02.340, 79.10.060, 79.10.100, 79.11.100, 79.13.380, 79.15.030, 79.15.055, 79.19.030, 79.22.300, 79.36.330, 79.36.355, 79.36.380, 79.36.390, 79.38.010, 79.38.020, 79.38.030, 79.38.050, 79.38.060, 79.64.020, and 79.70.040; reenacting and amending RCW 79.64.040; adding a new section to chapter 79.02 RCW; and creating a new section."
MOTION
On motion of Senator Morton, the rules were suspended, Substitute House Bill No. 2321, as amended by the Senate, 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 House Bill No. 2321, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2321, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, 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., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Shin - 1.
SUBSTITUTE HOUSE BILL NO. 2321, as amended by the Senate, 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
HOUSE BILL NO. 2583, by Representatives Lovick and Delvin; by request of Administrative Office of the Courts
Authorizing issuance of infractions and citations by electronic device.
The bill was read the second time.
MOTION
On motion of Senator McCaslin, the rules were suspended, House Bill No. 2583 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators McCaslin, Kline and Carlson spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of House Bill No. 2583.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2583 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., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Shin - 1.
HOUSE BILL NO. 2583, 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
SUBSTITUTE SENATE BILL NO. 5319, by Senate Committee on Economic Development (originally sponsored by Senators T. Sheldon, Hale and Esser)
Authorizing sales and use tax exemptions for call centers. Revised for 1st Substitute: Providing tax incentives for the construction and maintenance of call centers in distressed areas. Revised for 2nd Substitute: Providing tax incentives for call centers in rural areas of the state.
MOTIONS
On motion of Senator Sheldon, T., Third Substitute Senate Bill No. 5319 was substituted for Substitute Senate Bill No. 5319 and the third substitute bill was placed on second reading and read the second time.
MOTION
Senator Keiser moved that the following amendment by Senators Keiser and Hargrove be adopted:
On page 3, line 9, after "employees." insert "The call center may not employ persons performing customer service and support at a location outside the United States or contract or subcontract for customer service and support to be performed at a location outside the United States."
Senators Keiser spoke in favor of adoption of the amendment.
Senator Sheldon, T. spoke against the amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senators Keiser and Hargrove on page 3, line 9 to Third Substitute Senate Bill No. 5319.
The motion by Senator Keiser failed and the amendment was not adopted on a rising vote.
MOTION
Senator Sheldon, T. moved that the following amendment by Senators Sheldon, T. and Keiser be adopted:
On page 5, after line 35, insert the following:
"NEW SECTION. Sec. 4. A new section is added to chapter 39.24 RCW to read as follows:
The state of Washington shall not contract with persons outside the state to provide for customer service and support by responding to inbound telephone calls and electronic contacts, using computer-automated equipment, an electronic medium, or the telephone."
On page 1, on line 3 of the title, after "82.12 RCW,", insert "adding a new section to chapter 39.24 RCW;"
WITHDRAWAL OF AMENDMENT
On motion of Sheldon, T., the amendment was withdrawn.
MOTION
Senator Sheldon, T. moved that the following amendment by Senators Sheldon, T. and Honeyford be adopted:
0n page 5, after line 35, insert the following:
"NEW SECTION. Sec. 4. The office of financial management shall develop a report on the prevalence by which the state of Washington, from fiscal year 2001 through fiscal year 2004, contracted with out of state employers, other business entities or other state governments for the provision of goods or services in this state or to the residents of this state. The report shall include an accounting of the total amount of funds expended and the number of contracts executed between state agencies and businesses where the services or goods contracted for were performed or provided by employees or contractors working outside of the state of Washington. In addition, for each contract, the report shall include a description of the services performed, the agency participating in the contract, the funds expended for each contract, the location where the services were performed, an analysis of whether adequate services were available within the state of Washington to provide the same or similar goods or services, and the degree to which utilization of services within the state would have affected the cost of the contract. The office of financial management shall submit its report to the senate committee on commerce and trade and the house committee on commerce and labor by July 31, 2004."
Senator Sheldon, T. spoke in favor of adoption of the amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senators Sheldon, T. and Honeyford on page 5, line 35 to Third Substitute Senate Bill No. 5319.
The motion by Senator Sheldon, T. carried and the amendment was adopted by voice vote.
MOTION
On motion of Senator Sheldon, T., the rules were suspended, Engrossed Third Substitute Senate Bill No. 5319 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Sheldon, T., Keiser and Zarelli spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Third Substitute Senate Bill No. 5319.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Third Substitute Senate Bill No. 5319 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, 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., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 47.
Voting nay: Senator Fairley - 1.
Excused: Senator Shin - 1.
ENGROSSED THIRD SUBSTITUTE SENATE BILL NO. 5319, 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.
Senator McCaslin: “A Point Parliamentary Inquiry. Since it’s correct to have package pulls from Rules, can we have a package vote on the green sheet?”
President Owen: “Nice try, but no cigars.”
Senator McCaslin: “Well, when you have time on your hands Mr. President, you can think of anything.”
MOTION
On motion of Senator Esser, the Senate reverted to the fourth order of business.
MESSAGE FROM THE HOUSE
March 3, 2004
MR. PRESIDENT:
The House has passed SENATE BILL NO. 6561, with the following amendments{s}.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 5. (1) The state board for community and technical colleges, the higher education coordinating board, the council of presidents, the work force training and education coordinating board, public school secondary principals, public school district superintendent representatives, and the superintendent of public instruction shall take actions to strengthen, expand, and create dual enrollment programs available to students on high school campuses by removing barriers that inhibit the availability of the programs and, where possible, by creating incentives to offer the courses and programs. These actions are not intended to decrease the number or types of dual enrollment programs available to students on college campuses.
(2) "Dual enrollment programs" means those courses that allow high school students to earn postsecondary course credits and high school credits toward graduation concurrently. The programs include, but are not limited to, running start, tech-prep, college in the high school, advanced placement, and international baccalaureate.
(3) By December 15, 2004, the organizations identified in subsection (1) of this section shall report to the higher education and education committees of the legislature on the actions taken to reduce or eliminate barriers and on the incentives created. In addition, the report shall include actions the legislature should take to encourage the availability of dual enrollment programs on high school campuses.
(4) This section expires December 31, 2004."
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Carlson moved that the Senate refuse to concur in the House amendment(s) to Senate Bill No. 6561 and asks the House to recede therefrom.
The President declared the question before the Senate to be the motion by Senator Carlson that the Senate refuse to concur in the House amendment(s) to Senate Bill No. 6561 and asks the House to recede therefrom.
Senator Kohl-Welles spoke in favor of the motion.
The motion by Senator Carlson carried and the Senate refuses to concur in the House amendment(s) to Senate Bill No. 6561 and asks the House to recede therefrom.
MESSAGE FROM THE HOUSE
March 2, 2004
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5797, with the following amendments{s}.
On page 1, line 14, after "inspections" insert "and has received no written notice of violations resulting from complaint investigations during that same time period"
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
On motion of Senator Deccio, the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5797.
Senators Deccio and Thibaudeau spoke in favor of the motion.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5797, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5797, as amended by the House, 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., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 47.
Excused: Senators Poulsen and Shin - 2.
SUBSTITUTE SENATE BILL NO. 5797, as amended by the House, 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.
MESSAGE FROM THE HOUSE
March 3, 2004
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 6208, with the following amendments{s}.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 57.08.005 and 2003 c 394 s 5 are each amended to read as follows:
A district shall have the following powers:
(1) To acquire by purchase or condemnation, or both, all lands, property and property rights, and all water and water rights, both within and without the district, necessary for its purposes. The right of eminent domain shall be exercised in the same manner and by the same procedure as provided for cities and towns, insofar as consistent with this title, except that all assessment or reassessment rolls to be prepared and filed by eminent domain commissioners or commissioners appointed by the court shall be prepared and filed by the district, and the duties devolving upon the city treasurer are imposed upon the county treasurer;
(2) To lease real or personal property necessary for its purposes for a term of years for which that leased property may reasonably be needed;
(3) To construct, condemn and purchase, add to, maintain, and supply waterworks to furnish the district and inhabitants thereof and any other persons, both within and without the district, with an ample supply of water for all uses and purposes public and private with full authority to regulate and control the use, content, distribution, and price thereof in such a manner as is not in conflict with general law and may construct, acquire, or own buildings and other necessary district facilities. Where a customer connected to the district's system uses the water on an intermittent or transient basis, a district may charge for providing water service to such a customer, regardless of the amount of water, if any, used by the customer. District waterworks may include facilities which result in combined water supply and electric generation, if the electricity generated thereby is a byproduct of the water supply system. That electricity may be used by the district or sold to any entity authorized by law to use or distribute electricity. Electricity is deemed a byproduct when the electrical generation is subordinate to the primary purpose of water supply. For such purposes, a district may take, condemn and purchase, acquire, and retain water from any public or navigable lake, river or watercourse, or any underflowing water, and by means of aqueducts or pipeline conduct the same throughout the district and any city or town therein and carry it along and upon public highways, roads, and streets, within and without such district. For the purpose of constructing or laying aqueducts or pipelines, dams, or waterworks or other necessary structures in storing and retaining water or for any other lawful purpose such district may occupy the beds and shores up to the high water mark of any such lake, river, or other watercourse, and may acquire by purchase or condemnation such property or property rights or privileges as may be necessary to protect its water supply from pollution. For the purposes of waterworks which include facilities for the generation of electricity as a byproduct, nothing in this section may be construed to authorize a district to condemn electric generating, transmission, or distribution rights or facilities of entities authorized by law to distribute electricity, or to acquire such rights or facilities without the consent of the owner;
(4) To purchase and take water from any municipal corporation, private person, or entity. A district contiguous to Canada may contract with a Canadian corporation for the purchase of water and for the construction, purchase, maintenance, and supply of waterworks to furnish the district and inhabitants thereof and residents of Canada with an ample supply of water under the terms approved by the board of commissioners;
(5) To construct, condemn and purchase, add to, maintain, and operate systems of sewers for the purpose of furnishing the district, the inhabitants thereof, and persons outside the district with an adequate system of sewers for all uses and purposes, public and private, including but not limited to on-site sewage disposal facilities, approved septic tanks or approved septic tank systems, on-site sanitary sewerage systems, inspection services and maintenance services for private and public on-site systems, point and nonpoint water pollution monitoring programs that are directly related to the sewerage facilities and programs operated by a district, other facilities, programs, and systems for the collection, interception, treatment, and disposal of wastewater, and for the control of pollution from wastewater with full authority to regulate the use and operation thereof and the service rates to be charged. Under this chapter, after July 1, 1998, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained inspector, trained owner's agent, or trained owner. Training must occur in a program approved by the state board of health or by a local health officer. Sewage facilities may include facilities which result in combined sewage disposal or treatment and electric generation, except that the electricity generated thereby is a byproduct of the system of sewers. Such electricity may be used by the district or sold to any entity authorized by law to distribute electricity. Electricity is deemed a byproduct when the electrical generation is subordinate to the primary purpose of sewage disposal or treatment. For such purposes a district may conduct sewage throughout the district and throughout other political subdivisions within the district, and construct and lay sewer pipe along and upon public highways, roads, and streets, within and without the district, and condemn and purchase or acquire land and rights of way necessary for such sewer pipe. A district may erect sewage treatment plants within or without the district, and may acquire, by purchase or condemnation, properties or privileges necessary to be had to protect any lakes, rivers, or watercourses and also other areas of land from pollution from its sewers or its sewage treatment plant. For the purposes of sewage facilities which include facilities that result in combined sewage disposal or treatment and electric generation where the electric generation is a byproduct, nothing in this section may be construed to authorize a district to condemn electric generating, transmission, or distribution rights or facilities of entities authorized by law to distribute electricity, or to acquire such rights or facilities without the consent of the owners;
(6)(a) To construct, condemn and purchase, add to, maintain, and operate systems of drainage for the benefit and use of the district, the inhabitants thereof, and persons outside the district with an adequate system of drainage, including but not limited to facilities and systems for the collection, interception, treatment, and disposal of storm or surface waters, and for the protection, preservation, and rehabilitation of surface and underground waters, and drainage facilities for public highways, streets, and roads, with full authority to regulate the use and operation thereof and, except as provided in (b) of this subsection, the service rates to be charged.
(b) The rate a district may charge under this section for storm or surface water sewer systems or the portion of the rate allocable to the storm or surface water sewer system of combined sanitary sewage and storm or surface water sewer systems shall be reduced by a minimum of ten percent for any new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate reductions in excess of ten percent dependent upon the amount of rainwater harvested.
(c) Drainage facilities may include natural systems. Drainage facilities may include facilities which result in combined drainage facilities and electric generation, except that the electricity generated thereby is a byproduct of the drainage system. Such electricity may be used by the district or sold to any entity authorized by law to distribute electricity. Electricity is deemed a byproduct when the electrical generation is subordinate to the primary purpose of drainage collection, disposal, and treatment. For such purposes, a district may conduct storm or surface water throughout the district and throughout other political subdivisions within the district, construct and lay drainage pipe and culverts along and upon public highways, roads, and streets, within and without the district, and condemn and purchase or acquire land and rights of way necessary for such drainage systems. A district may provide or erect facilities and improvements for the treatment and disposal of storm or surface water within or without the district, and may acquire, by purchase or condemnation, properties or privileges necessary to be had to protect any lakes, rivers, or watercourses and also other areas of land from pollution from storm or surface waters. For the purposes of drainage facilities which include facilities that also generate electricity as a byproduct, nothing in this section may be construed to authorize a district to condemn electric generating, transmission, or distribution rights or facilities of entities authorized by law to distribute electricity, or to acquire such rights or facilities without the consent of the owners;
(7) To construct, condemn, acquire, and own buildings and other necessary district facilities;
(8) To compel all property owners within the district located within an area served by the district's system of sewers to connect their private drain and sewer systems with the district's system under such penalty as the commissioners shall prescribe by resolution. The district may for such purpose enter upon private property and connect the private drains or sewers with the district system and the cost thereof shall be charged against the property owner and shall be a lien upon property served;
(9) Where a district contains within its borders, abuts, or is located adjacent to any lake, stream, ground water as defined by RCW 90.44.035, or other waterway within the state of Washington, to provide for the reduction, minimization, or elimination of pollutants from those waters in accordance with the district's comprehensive plan, and to issue general obligation bonds, revenue bonds, local improvement district bonds, or utility local improvement bonds for the purpose of paying all or any part of the cost of reducing, minimizing, or eliminating the pollutants from these waters;
(10) Subject to subsection (6) of this section, to fix rates and charges for water, sewer, and drain service supplied and to charge property owners seeking to connect to the district's systems, as a condition to granting the right to so connect, in addition to the cost of the connection, such reasonable connection charge as the board of commissioners shall determine to be proper in order that those property owners shall bear their equitable share of the cost of the system. For the purposes of calculating a connection charge, the board of commissioners shall determine the pro rata share of the cost of existing facilities and facilities planned for construction within the next ten years and contained in an adopted comprehensive plan and other costs borne by the district which are directly attributable to the improvements required by property owners seeking to connect to the system. The cost of existing facilities shall not include those portions of the system which have been donated or which have been paid for by grants. The connection charge may include interest charges applied from the date of construction of the system until the connection, or for a period not to exceed ten years, whichever is shorter, at a rate commensurate with the rate of interest applicable to the district at the time of construction or major rehabilitation of the system, or at the time of installation of the lines to which the property owner is seeking to connect. In lieu of requiring the installation of permanent local facilities not planned for construction by the district, a district may permit connection to the water and/or sewer systems through temporary facilities installed at the property owner's expense, provided the property owner pays a connection charge consistent with the provisions of this chapter and agrees, in the future, to connect to permanent facilities when they are installed; or a district may permit connection to the water and/or sewer systems through temporary facilities and collect from property owners so connecting a proportionate share of the estimated cost of future local facilities needed to serve the property, as determined by the district. The amount collected, including interest at a rate commensurate with the rate of interest applicable to the district at the time of construction of the temporary facilities, shall be held for contribution to the construction of the permanent local facilities by other developers or the district. The amount collected shall be deemed full satisfaction of the proportionate share of the actual cost of construction of the permanent local facilities. If the permanent local facilities are not constructed within fifteen years of the date of payment, the amount collected, including any accrued interest, shall be returned to the property owner, according to the records of the county auditor on the date of return. If the amount collected is returned to the property owner, and permanent local facilities capable of serving the property are constructed thereafter, the property owner at the time of construction of such permanent local facilities shall pay a proportionate share of the cost of such permanent local facilities, in addition to reasonable connection charges and other charges authorized by this section. A district may permit payment of the cost of connection and the reasonable connection charge to be paid with interest in installments over a period not exceeding fifteen years. The county treasurer may charge and collect a fee of three dollars for each year for the treasurer's services. Those fees shall be a charge to be included as part of each annual installment, and shall be credited to the county current expense fund by the county treasurer. Revenues from connection charges excluding permit fees are to be considered payments in aid of construction as defined by department of revenue rule. Rates or charges for on-site inspection and maintenance services may not be imposed under this chapter on the development, construction, or reconstruction of property.
Before adopting on-site inspection and maintenance utility services, or incorporating residences into an on-site inspection and maintenance or sewer utility under this chapter, notification must be provided, prior to the applicable public hearing, to all residences within the proposed service area that have on-site systems permitted by the local health officer. The notice must clearly state that the residence is within the proposed service area and must provide information on estimated rates or charges that may be imposed for the service.
A water-sewer district shall not provide on-site sewage system inspection, pumping services, or other maintenance or repair services under this section using water-sewer district employees unless the on-site system is connected by a publicly owned collection system to the water-sewer district's sewerage system, and the on-site system represents the first step in the sewage disposal process.
Except as otherwise provided in RCW 90.03.525, any public entity and public property, including the state of Washington and state property, shall be subject to rates and charges for sewer, water, storm water control, drainage, and street lighting facilities to the same extent private persons and private property are subject to those rates and charges that are imposed by districts. In setting those rates and charges, consideration may be made of in-kind services, such as stream improvements or donation of property;
(11) To contract with individuals, associations and corporations, the state of Washington, and the United States;
(12) To employ such persons as are needed to carry out the district's purposes and fix salaries and any bond requirements for those employees;
(13) To contract for the provision of engineering, legal, and other professional services as in the board of commissioner's discretion is necessary in carrying out their duties;
(14) To sue and be sued;
(15) To loan and borrow funds and to issue bonds and instruments evidencing indebtedness under chapter 57.20 RCW and other applicable laws;
(16) To transfer funds, real or personal property, property interests, or services subject to RCW 57.08.015;
(17) To levy taxes in accordance with this chapter and chapters 57.04 and 57.20 RCW;
(18) To provide for making local improvements and to levy and collect special assessments on property benefitted thereby, and for paying for the same or any portion thereof in accordance with chapter 57.16 RCW;
(19) To establish street lighting systems under RCW 57.08.060;
(20) To exercise such other powers as are granted to water-sewer districts by this title or other applicable laws; and
(21) To exercise any of the powers granted to cities and counties with respect to the acquisition, construction, maintenance, operation of, and fixing rates and charges for waterworks and systems of sewerage and drainage."
NEW SECTION. Sec. 2. A new section is added to chapter 35.13A RCW to read as follows:
(1) A city having a population of less than five thousand residents may not assume, under this chapter, the jurisdiction of all or part of a water-sewer district serving a population greater than one thousand residents and containing, within its boundaries, the territory of two or more cities, or one city and unincorporated territory, unless voters of the entire water-sewer district approve a ballot proposition authorizing the assumption under general election law. The cost of the election shall be borne by the city seeking approval to assume jurisdiction of a water-sewer district.
(2) A city or town may assume jurisdiction over a water-sewer district located within its boundaries without seeking approval of the voters, as required under subsection (1) of this section, if the board of commissioners of the water-sewer district consent to the assumption of jurisdiction by the city or town. The feasibility study required under subsection (3) of this section is not required if the board of commissioners of the water-sewer district consents to the assumption of jurisdiction by the city or town.
(3) Following the passage of a resolution by a city or town to assume all or part of a special purpose water-sewer district under this chapter, a feasibility study of such assumption shall be conducted, unless the board of commissioners of the water-sewer district consent to the assumption of jurisdiction by the city or town as provided under subsection (2) of this section. The study will be jointly and equally funded by the city and the district through a mutually agreed contract with a qualified independent consultant with professional expertise involving public water and sewer systems. The study shall address the impact of the proposed assumption on both the city and district. Issues to be considered shall be mutually agreed to by the city and the district and shall include, but not be limited to, engineering and operational impacts, costs of the assumption to the city and the district including potential impacts on future water-sewer rates, bond ratings and future borrowing costs, status of existing water rights, and other issues jointly agreed to. The findings of the joint study shall be presented as a public record that is available to the registered voters of the district, both within and without the boundary of the city conducting the assumption, prior to a vote on the proposed assumption by all the voters in the district. The study shall be completed within six months of the passage of the resolution to assume the district. No vote shall take place until such study has been completed and the results have been made available to the registered voters of the district.
(4) This section is applicable to assumptions of jurisdiction of water-sewer districts by cities or towns that have been initiated prior to the effective date of this act and which are pending as of that date, as well as those assumptions of jurisdiction that are initiated on or after the effective date of this act.
(5) Once the voters in a water-sewer district have made the decision to approve or disapprove an assumption through the ballot proposition process required under subsection (1) of this section, a boundary review board does not have jurisdiction, under chapter 36.93 RCW, to conduct a review of such assumption where the attempted or completed assumption involves not more than one city.
NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Roach moved that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No, 6208 and asks the House to recede therefrom.
The President declared the question before the Senate to be the motion by Senator Roach that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 6208 and asks the House to recede therefrom..
The motion by Senator Roach carried and the Senate refuses to concur in the House amendment(s) to Substitute Senate Bill No. 6208 and asks the House to recede therefrom.
MESSAGE FROM THE HOUSE
March 2, 2004
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5861 with the following amendment(s).
On page 1, line 16, after "identity of" strike "an active or retired veteran" and insert "a veteran or active duty member"
and the same is herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Roach moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5861.
Senator Kastama spoke in favor of the motion.
MOTION
On motion of Senator Hewitt, Senator Deccio was excused.
The President declared the question before the Senate to be the motion by Senator Roach that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5861.
The motion by Senator Roach carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 5861.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5861, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5861, as amended by the House, 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, 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., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 46.
Excused: Senators Deccio, Poulsen and Shin - 3.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5861, as amended by the House, 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.
MESSAGE FROM THE HOUSE
March 2, 2004
MR. PRESIDENT:
The House has passed SENATE BILL NO. 6164, with the following amendments{s}
On page 4, at the end of line 8, insert the following:
"(6) The term "active military duty" means the person is serving on active duty in:
(a) The armed forces of the United States government; or
(b) The Washington national guard; or
(c) The coast guard, merchant mariners, or other nonmilitary organization when such service is recognized by the United States government as equivalent to service in the armed forces."
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Carlson moved that the Senate concur in the House amendment(s) to Senate Bill No. 6164.
Senators Carlson and Kohl-Welles spoke in favor of the motion.
The President declared the question before the Senate to be the motion by Senator Carlson that the Senate concur in the House amendment(s) to Senate Bill No. 6164.
The motion by Senator Carlson carried and the Senate concurred in the House amendment(s) to Senate Bill No. 6164.
The President declared the question before the Senate to be the final passage of Senate Bill No. 6164, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6164, as amended by the House, 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, 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., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 46.
Excused: Senators Deccio, Poulsen and Shin - 3.
SENATE BILL NO. 6164, as amended by the House, 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.
MESSAGE FROM THE HOUSE
March 2, 2004
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 6466, with the following amendments{s}.
On page 1, line 10, after "(2)" insert "A nursing facility shall readmit a resident, who has been hospitalized or on therapeutic leave, immediately to the first available bed in a semiprivate room if the resident:
(a) Requires the services provided by the facility; and
(b) Is eligible for medicaid nursing facility services.
(3)"
On page 2, at the beginning of line 8, strike "(3)" and insert "(((3))) (4)"
On page 2, line 12, after "However," insert "except as provided in subsection (2) of this section,"
On page 2, line 17, after "same" strike "county" and insert "proximate geographic area"
On page 2, at the beginning of line 22, strike "(4)" and insert "(((4))) (5)"
On page 2, at the beginning of line 25, strike "(5)" and insert "(((5))) (6)"
On page 2, at the beginning of line 32, strike "(6)" and insert "(((6))) (7)"
On page 2, at the beginning of line 36, strike "(3)" and insert "(4)"
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Fairley moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6466.
Senator Fairley spoke in favor of the motion.
The President declared the question before the Senate to be the motion by Senator Fairley that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6466.
The motion by Senator Fairley carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6466.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6466, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6466, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, 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., Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 46.
Absent: Senator Hargrove - 1.
Excused: Senators Poulsen and Shin - 2.
SUBSTITUTE SENATE BILL NO. 6466, as amended by the House, 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 7:55 p.m., on motion of Senator Esser, the Senate adjourned until 9:00 a.m., Friday, March 5, 2004.
BRAD OWEN, President of the Senate
MILTON H. DOUMIT, JR., Secretary of the Senate