NINETY SIXTH DAY

MORNING SESSION

Senate Chamber, Olympia, Friday, April 15, 2011

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 Delvin.

The Sergeant at Arms Color Guard consisting of Pages Noelle Oppenhuizen and Caleb Carlson, presented the Colors. Pastor Dan Sailer of Stanwood United Methodist Church offered the prayer.

MOTION

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

MOTION

On motion of Senator Eide, the Senate advanced to the first order of business.

REPORTS OF STANDING COMMITTEES

April 13, 2011

SB 5385             Prime Sponsor, Senator Regala: Increasing revenue to the state wildlife account.  Reported by Committee on Ways & Means

MAJORITY recommendation:  That Substitute Senate Bill No. 5385 be substituted therefor, and the substitute bill do pass.  Signed by Senators Murray, Chair; Kilmer, Vice Chair, Capital Budget Chair; Zarelli; Brown; Conway; Fraser; Hatfield; Hewitt; Honeyford; Kastama; Keiser; Kohl-Welles; Pflug; Pridemore; Regala; Rockefeller; Schoesler and Tom.

MINORITY recommendation:  Do not pass.  Signed by Senators Baxter and Holmquist Newbry.

Passed to Committee on Rules for second reading.

April 13, 2011

SB 5622             Prime Sponsor, Senator Ranker: Concerning recreation access on state lands.  Reported by Committee on Ways & Means

MAJORITY recommendation:  That Second Substitute Senate Bill No. 5622 be substituted therefor, and the second substitute bill do pass.  Signed by Senators Murray, Chair; Kilmer, Vice Chair, Capital Budget Chair; Zarelli; Brown; Conway; Fraser; Hatfield; Hewitt; Keiser; Kohl-Welles; Pridemore; Regala; Rockefeller; Schoesler and Tom.

MINORITY recommendation:  Do not pass.  Signed by Senators Baxter; Holmquist Newbry; Honeyford and Pflug.

Passed to Committee on Rules for second reading.

April 14, 2011

SB 5846             Prime Sponsor, Senator Brown: Offering health benefit subsidies for certain retired public employees.  Reported by Committee on Ways & Means

MAJORITY recommendation:  That Substitute Senate Bill No. 5846 be substituted therefor, and the substitute bill do pass.  Signed by Senators Murray, Chair; Kilmer, Vice Chair, Capital Budget Chair; Brown; Conway; Fraser; Hatfield; Kastama; Keiser; Kohl-Welles; Pridemore; Regala and Rockefeller.

MINORITY recommendation:  Do not pass.  Signed by Senators Honeyford; Pflug and Schoesler.

MINORITY recommendation:  That it be referred without recommendation.  Signed by Senators Zarelli; Parlette; Baxter and Hewitt.

Passed to Committee on Rules for second reading.

April 13, 2011

SHB 1312          Prime Sponsor, Committee on Health Care & Wellness: Regarding statutory changes needed to implement a waiver to receive federal assistance for certain state purchased public health care programs.  Reported by Committee on Ways & Means

MAJORITY recommendation:  Do pass.  Signed by Senators Murray, Chair; Kilmer, Vice Chair, Capital Budget Chair; Zarelli; Baumgartner; Brown; Conway; Fraser; Hatfield; Hewitt; Holmquist Newbry; Honeyford; Kastama; Keiser; Kohl-Welles; Pflug; Pridemore; Regala; Rockefeller; Schoesler and Tom.

Passed to Committee on Rules for second reading.

MOTION

On motion of Senator Eide, all measures listed on the Standing Committee report were referred to the committees as designated.

MOTION

On motion of Senator Eide, the Senate advanced to the fourth order of business.

MESSAGE FROM THE HOUSE

April 14, 2011

MR. PRESIDENT:

The House concurred in the Senate amendments to the following bills and passed the bills as amended by the Senate:

HOUSE BILL NO. 1040,

SUBSTITUTE HOUSE BILL NO. 1084,

SUBSTITUTE HOUSE BILL NO. 1089,

SUBSTITUTE HOUSE BILL NO. 1103,

HOUSE BILL NO. 1178,

HOUSE BILL NO. 1334,

SECOND SUBSTITUTE HOUSE BILL NO. 1405,

HOUSE BILL NO. 1407,

SUBSTITUTE HOUSE BILL 1663,

SUBSTITUTE HOUSE BILL NO. 1718,

SUBSTITUTE HOUSE BILL NO. 1761,

SUBSTITUTE HOUSE BILL NO. 1783,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1789,

SUBSTITUTE HOUSE BILL NO. 1811,

SUBSTITUTE HOUSE BILL NO. 1858,

SUBSTITUTE HOUSE BILL NO. 1861,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1864,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1902.

and the same are herewith transmitted.

BARBARA BAKER, Chief Clerk

MESSAGE FROM THE HOUSE

April 14, 2011

MR. PRESIDENT:

The House concurred in the Senate amendments to the following bills and passed the bills as amended by the Senate:

SUBSTITUTE HOUSE BILL NO. 1135,

SUBSTITUTE HOUSE BILL NO. 1170,

SUBSTITUTE HOUSE BILL NO. 1188,

SUBSTITUTE HOUSE BILL NO. 1257,

SUBSTITUTE HOUSE BILL NO. 1328,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1494,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1634,

SUBSTITUTE HOUSE BILL NO. 1829,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1886,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1922,

SUBSTITUTE HOUSE BILL NO. 1933,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1967.

and the same are herewith transmitted.

BARBARA BAKER, Chief Clerk

MOTION

On motion of Senator Eide, the Senate advanced to the fifth order of business.

INTRODUCTION AND FIRST READING

SB 5948              by Senators Pflug and Keiser

AN ACT Relating to improving transparency and containing costs for state-purchased outpatient services; amending RCW 70.41.020, 51.36.080, 84.36.840, 84.36.040, and 43.70.052; adding a new section to chapter 41.05 RCW; adding a new section to chapter 74.09 RCW; and adding a new section to chapter 70.41 RCW.

Referred to Committee on Ways & Means.

SB 5949              by Senators Chase, Prentice, Rockefeller, Kline, Keiser, Kohl-Welles, Nelson and Conway

AN ACT Relating to repealing the tax exemption on intangible property to provide funding for essential government services; creating new sections; and repealing RCW 84.36.070.

Referred to Committee on Ways & Means.

SB 5950              by Senators Roach and Conway

AN ACT Relating to nonstate pension plans offered by towns; and amending RCW 35.27.130.

Referred to Committee on Ways & Means.

MOTION

      On motion of Senator Eide, all measures listed on the Introduction and First Reading report were referred to the committees as designated.

MOTION

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

MESSAGE FROM THE HOUSE

April 9, 2011

MR. PRESIDENT:

The House passed SENATE BILL NO. 5141 with the following amendment(s): 5141 AMH TR H2188.2

0)Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 46.20.510 and 2002 c 352 s 17 are each amended to read as follows:

      (1) Motorcycle instruction permit.  A person holding a valid driver's license who wishes to learn to ride a motorcycle may apply for a motorcycle instruction permit.  The department may issue a motorcycle instruction permit after the applicant has successfully passed all parts of the motorcycle examination other than the driving test.  The director shall collect a fee of fifteen dollars for the motorcycle instruction permit or renewal, and deposit the fee in the motorcycle safety education account of the highway safety fund.

      (2) Effect of motorcycle instruction permit.  A person holding a motorcycle instruction permit may drive a motorcycle upon the public highways if the person has immediate possession of the permit and a valid driver's license.  An individual with a motorcyclist's instruction permit may not carry passengers and may not operate a motorcycle during the hours of darkness.

      (3) Term of motorcycle instruction permit.  A motorcycle instruction permit is valid for ninety days from the date of issue.

      (a) The department may issue one additional ninety-day permit.

      (b) The department may issue a third motorcycle instruction permit ((if it finds after an investigation that the permittee is diligently seeking to improve driving proficiency)) upon presentation of documented evidence that the permittee is enrolled in a motorcycle skills education program as authorized in RCW 46.81A.020 with a class start date prior to the expiration of the third permit.  The department may not issue more than three motorcycle instruction permits to an applicant within a five-year period."

      Correct the title.

and the same are herewith transmitted.

BARBARA BAKER, Chief Clerk

MOTION

Senator Haugen moved that the Senate concur in the House amendment(s) to Senate Bill No. 5141.

      Senator Haugen spoke in favor of the motion.

MOTION

On motion of Senator Ericksen, Senators Delvin and Fain were excused.

The President declared the question before the Senate to be the motion by Senator Haugen that the Senate concur in the House amendment(s) to Senate Bill No. 5141.

The motion by Senator Haugen carried and the Senate concurred in the House amendment(s) to Senate Bill No. 5141 by voice vote.

The President declared the question before the Senate to be the final passage of Senate Bill No. 5141, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5141, as amended by the House, and the bill passed the Senate by the following vote:  Yeas, 44; Nays, 4; Absent, 0; Excused, 1.

      Voting yea: Senators Baumgartner, Becker, Benton, Brown, Chase, Conway, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Haugen, Hewitt, Hill, Hobbs, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom, White and Zarelli

      Voting nay: Senators Baxter, Carrell, Hatfield and Holmquist Newbry

      Excused: Senator Delvin

SENATE BILL NO. 5141, 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.

SIGNED BY THE PRESIDENT

The President signed:

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5000,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5021,

SECOND SUBSTITUTE SENATE BILL NO. 5034,

SENATE BILL NO. 5035,

SUBSTITUTE SENATE BILL NO. 5036,

SUBSTITUTE SENATE BILL NO. 5042,

ENGROSSED SENATE BILL NO. 5061,

SUBSTITUTE SENATE BILL NO. 5065,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5098,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5122,

SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5171,

SENATE BILL NO. 5278.

MESSAGE FROM THE HOUSE

April 6, 2011

MR. PRESIDENT:

The House passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5186 with the following amendment(s): 5186-S.E AMH UPTH BARC 166

0)Strike everything after the enacting clause and insert the following:

       "NEW SECTION.  Sec. 1. A new section is added to chapter 79A.45 RCW to read as follows:

       A person is guilty of a misdemeanor if the person knowingly skis in an area or on a ski trail, owned or controlled by a ski area operator, that is closed to the public and that has signs posted indicating the closure."

      Correct the title.

and the same are herewith transmitted.

BARBARA BAKER, Chief Clerk

MOTION

Senator Ranker moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5186.

      Senator Ranker spoke in favor of the motion.

The President declared the question before the Senate to be the motion by Senator Ranker that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5186.

The motion by Senator Ranker carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 5186 by voice vote.

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5186, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5186, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.

      Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Brown, Chase, Conway, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom, White and Zarelli

      Voting nay: Senators Carrell and Holmquist Newbry

      Excused: Senator Delvin

ENGROSSED SUBSTITUTE SENATE BILL NO. 5186, 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

April 6, 2011

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 5192 with the following amendment(s): 5192-S AMH TAYL LESK 033; 5192-S AMH LG MOET 514

      On page 5, line 31, after "amendments" strike all material through "RCW 36.70A.040" on line 32 and insert ". If the notice is for a local government that does not plan under RCW 36.70A.040, the department must, on the day the notice is published, notify the legislative authority of the applicable local government by telephone or electronic means, followed by written communication as necessary, to ensure that the local government has received the full written decision of the approval or disapproval"

      On page 8, line 29 after “This” strike “must be accomplished by return receipt” and insert “shall be accomplished by return receipt requested”

      On page 9, line 15, after “filing” insert “by telephone or electronic means, followed by written communication as necessary, to ensure that the applicant has received the full written decision”

and the same are herewith transmitted.

BARBARA BAKER, Chief Clerk

MOTION

Senator Nelson moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5192.

      Senators Nelson and Swecker spoke in favor of the motion.

The President declared the question before the Senate to be the motion by Senator Nelson that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5192.

The motion by Senator Nelson carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5192 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5192, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5192, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.

      Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom, White and Zarelli

      Voting nay: Senators Baxter and Holmquist Newbry

      Excused: Senator Delvin

SUBSTITUTE SENATE BILL NO. 5192, 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

April 1, 2011

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 5232 with the following amendment(s): 5232-S AMH ENGR H2268.E

0)Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1. The legislature finds that consumer savings is essential, both for individuals seeking to obtain the American dream, and in order to rebuild a strong economy.  The legislature further finds that for most of the last two decades, consumers have borrowed more than they have saved, with current United States savings rates under six percent.  The legislature intends to encourage financial institutions to develop innovative products that create incentives to encourage consumer savings, particularly savings by low-income consumers.

Sec. 2. RCW 9.46.0356 and 2000 c 228 s 1 are each amended to read as follows:

      (1) The legislature authorizes:
(a) A business to conduct a promotional contest of chance as defined in this section, in this state, or partially in this state, whereby the elements of prize and chance are present but in which the element of consideration is not present;
(b) A financial institution, as defined in RCW 30.22.040, to conduct a promotional contest of chance under this section in which:  (i) A drawing for an annual prize is held that includes as eligible prize recipients only those persons who deposited funds at the financial institution in a savings account, certificate of deposit, or any other savings program and retained those funds for at least twelve months in the savings account, certificate of deposit, or other savings program; and (ii) drawings for other prizes are held from time to time that include as eligible prize recipients only those persons who deposited funds at the financial institution in a savings account, certificate of deposit, or other savings program.  No such contest may be conducted, either wholly or partially, by means of the internet.

      (2) Promotional contests of chance under this section are not gambling as defined in RCW 9.46.0237.

      (3) Promotional contests of chance shall be conducted as advertising and promotional undertakings solely for the purpose of advertising or promoting the services, goods, wares, and merchandise of a business.

      (4) No person eligible to receive a prize in a promotional contest of chance under subsection (1)(a) of this section may be required to:

      (a) Pay any consideration to the promoter or operator of the business in order to participate in the contest; or

      (b) Purchase any service, goods, wares, merchandise, or anything of value from the business, however, for other than contests entered through a direct mail solicitation, the promoter or sponsor may give additional entries or chances upon purchase of service, goods, wares, or merchandise if the promoter or sponsor provides an alternate method of entry requiring no consideration.

      (5) No person eligible to receive a prize in a promotional contest of chance under subsection (1)(b) of this section may be required to pay any consideration other than the deposit of funds, or purchase any service, goods, wares, merchandise, or anything of value from the financial institution.
      (6)(a) As used in this section, "consideration" means anything of pecuniary value required to be paid to the promoter or sponsor in order to participate in a promotional contest.  Such things as visiting a business location, placing or answering a telephone call, completing an entry form or customer survey, or furnishing a stamped, self-addressed envelope do not constitute consideration.

      (b) Coupons or entry blanks obtained by purchase of a bona fide newspaper or magazine or in a program sold in conjunction with a regularly scheduled sporting event are not consideration.

      (((6))) (7) Unless authorized by the commission, equipment or devices made for use in a gambling activity are prohibited from use in a promotional contest.

      (((7))) (8) This section shall not be construed to permit noncompliance with chapter 19.170 RCW, promotional advertising of prizes, and chapter 19.86 RCW, unfair business practices.

Sec. 3. RCW 19.170.020 and 1991 c 227 s 2 are each amended to read as follows:

      Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

      (1) "Person" means an individual, corporation, the state or its subdivisions or agencies, business trust, estate, trust, partnership, association, cooperative, or any other legal entity.

      (2) "Prize" means a gift, award, travel coupon or certificate, free item, or any other item offered in a promotion that is different and distinct from the goods, service, or property promoted by a sponsor.  "Prize" does not include an item offered in a promotion where all of the following elements are present:

      (a) No element of chance is involved in obtaining the item offered in the promotion;

      (b) The recipient has the right to review the merchandise offered for sale without obligation for at least seven days, and has a right to obtain a full refund in thirty days for the return of undamaged merchandise;

      (c) The recipient may keep the item offered in the promotion without obligation; and

      (d) The recipient is not required to attend any sales presentation or spend any sum in order to receive the item offered in the promotion.

      (3) "Promoter" means a person conducting a promotion.

      (4) "Promotion" means an advertising program, sweepstakes, contest, direct giveaway, or solicitation directed to specific named individuals, that includes the award of or chance to be awarded a prize, but does not include a promotional contest of chance under RCW 9.46.0356(1)(b).

      (5) "Offer" means a written notice delivered by hand, mail, or other print medium offering goods, services, or property made as part of a promotion to a person based on a representation that the person has been awarded, or will be awarded, a prize.

      (6) "Sponsor" means a person on whose behalf a promotion is conducted to promote or advertise goods, services, or property of that person.

      (7) "Simulated check" means a document that is not currency or a check, draft, note, bond, or other negotiable instrument but has the visual characteristics thereof.  "Simulated check" does not include a nonnegotiable check, draft, note, or other instrument that is used for soliciting orders for the purchase of checks, drafts, notes, bonds, or other instruments and that is clearly marked as a sample, specimen, or nonnegotiable.

      (8) "Continuing obligation check" means a document that is a check, draft, note, bond, or other negotiable instrument that, when cashed, deposited, or otherwise used, imposes on the payee an obligation to enter into a loan transaction.  This definition does not include checks, drafts, or other negotiable instruments that are used by consumers to take advances on revolving loans, credit cards, or revolving credit accounts.

      (9) "Verifiable retail value" means:

      (a) A price at which a promoter or sponsor can demonstrate that a substantial number of prizes have been sold at retail in the local market by a person other than the promoter or sponsor; or

      (b) If the prize is not available for retail sale in the local market, the retail fair market value in the local market of an item substantially similar in each significant aspect, including size, grade, quality, quantity, ingredients, and utility; or

      (c) If the value of the prize cannot be established under (a) or (b) of this subsection, then the prize may be valued at no more than three times its cost to the promoter or sponsor.

      (10) "Financial institution" means any bank, trust company, savings bank, savings and loan association, credit union, industrial loan company, or consumer finance lender subject to regulation by an official agency of this state or the United States, and any subsidiary or affiliate thereof.

Sec. 4. RCW 30.22.040 and 1981 c 192 s 4 are each amended to read as follows:

      Unless the context of this chapter otherwise requires, the terms contained in this section have the meanings indicated.

      (1) "Account" means a contract of deposit between a depositor or depositors and a financial institution; the term includes a checking account, savings account, certificate of deposit, savings certificate, share account, savings bond, and other like arrangements.

      (2) "Actual knowledge" means written notice to a manager of a branch of a financial institution, or an officer of the financial institution in the course of his employment at the branch, pertaining to funds held on deposit in an account maintained by the branch received within a period of time which affords the financial institution a reasonable opportunity to act upon the knowledge.

      (3) "Individual" means a human being; "person" includes an individual, corporation, partnership, limited partnership, joint venture, trust, or other entity recognized by law to have separate legal powers.

      (4) "Agent" means a person designated by a depositor or depositors in a contract of deposit or other document to have the authority to deposit and to make payments from an account in the name of the depositor or depositors.

      (5) "Agency account" means an account to which funds may be deposited and from which payments may be made by an agent designated by a depositor.  In the event there is more than one depositor named on an account, each depositor may designate the same or a different agent for the purpose of depositing to or making payments of funds from a depositor's account.

      (6) "Single account" means an account in the name of one depositor only.

      (7) "Joint account without right of survivorship" means an account in the name of two or more depositors and which contains no provision that the funds of a deceased depositor become the property of the surviving depositor or depositors.

      (8) "Joint account with right of survivorship" means an account in the name of two or more depositors and which provides that the funds of a deceased depositor become the property of one or more of the surviving depositors.

      (9) "Trust and P.O.D. accounts" means accounts payable on request to a depositor during the depositor's lifetime, and upon the depositor's death to one or more designated beneficiaries, or which are payable to two or more depositors during their lifetimes, and upon the death of all depositors to one or more designated beneficiaries.  The term "trust account" does not include deposits by trustees or other fiduciaries where the trust or fiduciary relationship is established other than by a contract of deposit with a financial institution.

      (10) "Trust or P.O.D. account beneficiary" means a person or persons, other than a codepositor, who has or have been designated by a depositor or depositors to receive the depositor's funds remaining in an account upon the death of a depositor or all depositors.

      (11) "Depositor", when utilized in determining the rights of individuals to funds in an account, means an individual who owns the funds.  When utilized in determining the rights of a financial institution to make or withhold payment, and/or to take any other action with regard to funds held under a contract of deposit, "depositor" means the individual or individuals who have the current right to payment of funds held under the contract of deposit without regard to the actual rights of ownership thereof by these individuals.  A trust or P.O.D. account beneficiary becomes a depositor only when the account becomes payable to the beneficiary by reason of having survived the depositor or depositors named on the account, depending upon the provisions of the contract of deposit.

      (12) "Financial institution" means a bank, trust company, mutual savings bank, savings and loan association, or credit union authorized to do business and accept deposits in this state under state or federal law.

      (13) "Depositor's funds" or "funds of a depositor" means the amount of all deposits belonging to or made for the benefit of a depositor, less all withdrawals of the funds by the depositor or by others for the depositor's benefit, plus the depositor's prorated share of any interest or dividends included in the current balance of the account and any proceeds of deposit life insurance added to the account by reason of the death of a depositor.

      (14) "Payment(s)" of sums on deposit includes withdrawal, payment by check or other directive of a depositor or his agent, any pledge of sums on deposit by a depositor or his agent, any set-off or reduction or other disposition of all or part of an account balance, and any payments to any person under RCW 30.22.120, 30.22.140, 30.22.150, 30.22.160, 30.22.170, 30.22.180, 30.22.190, 30.22.200, and 30.22.220.

      (15) "Proof of death" means a certified or authenticated copy of a death certificate, or photostatic copy thereof, purporting to be issued by an official or agency of the jurisdiction where the death purportedly occurred, or a certified or authenticated copy of a record or report of a governmental agency, domestic or foreign, that a person is dead.  In either case, the proofs constitute prima facie proof of the fact, place, date, and time of death, and identity of the decedent and the status of the dates, circumstances, and places disclosed by the record or report.

      (16) "Request" means a request for withdrawal, or a check or order for payment, which complies with all conditions of the account, including special requirements concerning necessary signatures and regulations of the financial institution; but if the financial institution conditions withdrawal or payment on advance notice, for purposes of this chapter the request for withdrawal or payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for withdrawal.

      (17) "Withdrawal" means payment to a person pursuant to check or other directive of a depositor.

(18) "Director" means the director of the department of financial institutions or his or her designee.
      (19) "Promotional contest of chance" means a promotional contest conducted pursuant to RCW 9.46.0356(1)(b).

NEW SECTION.  Sec. 5. A new section is added to chapter 30.22 RCW to read as follows:

      (1) If approved by its board of directors, a financial institution may conduct a promotional contest of chance as permitted under RCW 9.46.0356(1)(b).

      (2) A financial institution must not conduct a savings promotional contest of chance, if, in the opinion of the director:

      (a) It is likely to or does adversely affect the financial institution's safety and soundness;

      (b) It is administered in an unsafe and unsound or imprudent manner, or in a manner that is likely to or does result in actual or potential reputational harm to the financial institution; or

      (c) It is likely to or has misled the financial institution's members, depositors, or the general public.

      (3) The director may examine the conduct of a promotional contest of chance pursuant to his or her supervisory and examination powers under:

      (a) Title 30 RCW, in regard to a bank;

      (b) Title 32 RCW, in regard to a mutual or stock savings bank; or

      (c) Chapter 31.12 RCW, in regard to a state credit union.

      (4) The director may exercise his or her full enforcement powers under the titles and chapter in subsection (3) of this section and may issue a cease and desist order for a violation of this section.

      (5) A financial institution must maintain records sufficient to facilitate an audit of a promotional contest of chance, and must provide those records to the director upon request.

Sec. 6. RCW 31.12.402 and 2001 c 83 s 14 are each amended to read as follows:

      A credit union may:

      (1) Issue shares to and receive deposits from its members in accordance with RCW 31.12.416;

      (2) Make loans to its members in accordance with RCW 31.12.426 and 31.12.428;

      (3) Pay dividends and interest to its members in accordance with RCW 31.12.418;

      (4) Impose reasonable charges for the services it provides to its members;

      (5) Impose financing charges and reasonable late charges in the event of default on loans, subject to applicable law, and recover reasonable costs and expenses, including, but not limited to, collection costs, and reasonable attorneys' fees incurred both before and after judgment, incurred in the collection of sums due, if provided for in the note or agreement signed by the borrower;

      (6) Acquire, lease, hold, assign, pledge, sell, or otherwise dispose of interests in personal property and in real property in accordance with RCW 31.12.438;

      (7) Deposit and invest funds in accordance with RCW 31.12.436;

      (8) Borrow money, up to a maximum of fifty percent of its total shares, deposits, and net worth;

      (9) Discount or sell any of its assets, or purchase any or all of the assets of another credit union, out-of-state credit union, or federal credit union.  However, a credit union may not discount or sell all, or substantially all, of its assets without the approval of the director;

      (10) Accept deposits of deferred compensation of its members;

      (11) Act as fiscal agent for and receive payments on shares and deposits from the federal government or this state, and any agency or political subdivision thereof;

      (12) Engage in activities and programs as requested by the federal government, this state, and any agency or political subdivision thereof, when the activities or programs are not inconsistent with this chapter;

      (13) Hold membership in credit unions, out-of-state credit unions, or federal credit unions and in organizations controlled by or fostering the interests of credit unions, including, but not limited to, a central liquidity facility organized under state or federal law;

      (14) Pay additional dividends and interest to members, or an interest rate refund to borrowers;

      (15) Enter into lease agreements, lease contracts, and lease‑purchase agreements with members;

      (16) Act as insurance agent or broker for the sale to members of:

      (a) Group life, accident, health, and credit life and disability insurance; and

      (b) Other insurance that other types of Washington state-chartered financial institutions are permitted to sell, on the same terms and conditions that these institutions are permitted to sell such insurance;

      (17) Impose a reasonable service charge for the administration and processing of accounts that remain dormant for a period of time specified by the credit union;

      (18) Establish and operate on-premises or off-premises electronic facilities;

      (19) Enter into formal or informal agreements with another credit union for the purpose of fostering the development of the other credit union;

      (20) Work with community leaders to develop and prioritize efforts to improve the areas where their members reside by making investments in the community through contributions to organizations that primarily serve either a charitable, social, welfare, or educational purpose, or are exempt from taxation pursuant to section 501(c)(3) of the internal revenue code;

      (21) Limit the personal liability of its directors in accordance with provisions of its articles of incorporation that conform with RCW 23B.08.320;

      (22) Indemnify its directors, supervisory committee members, officers, employees, and others in accordance with provisions of its articles of incorporation or bylaws that conform with RCW 23B.08.500 through 23B.08.600;

(23) Conduct a promotional contest of chance as authorized in RCW 9.46.0356(l)(b), as long as the conditions of RCW 9.46.0356(5) and section 5 of this act are complied with to the satisfaction of the director; and

      (((23))) (24) Exercise such incidental powers as are necessary or convenient to enable it to conduct the business of a credit union.

Sec. 7. RCW 30.08.140 and 1996 c 2 s 5 are each amended to read as follows:

      Upon the issuance of a certificate of authority to a bank, the persons named in the articles of incorporation and their successors shall thereupon become a corporation and shall have power:

      (1) To adopt and use a corporate seal.

      (2) To have perpetual succession.

      (3) To make contracts.

      (4) To sue and be sued, the same as a natural person.

      (5) To elect directors who, subject to the provisions of the corporation's bylaws, shall have power to appoint such officers as may be necessary or convenient, to define their powers and duties and to dismiss them at pleasure, and who shall also have general supervision and control of the affairs of such corporation.

      (6) To make and alter bylaws, not inconsistent with its articles of incorporation or with the laws of this state, for the administration and regulation of its affairs.

      (7) To invest and reinvest its funds in marketable obligations evidencing the indebtedness of any person, copartnership, association, or corporation in the form of bonds, notes, or debentures commonly known as investment securities except as may by regulation be limited by the director.

      (8) To discount and negotiate promissory notes, drafts, bills of exchange and other evidences of debt, to receive deposits of money and commercial paper, to lend money secured or unsecured, to issue all forms of letters of credit, to buy and sell bullion, coins and bills of exchange.

      (9) To take and receive as bailee for hire upon terms and conditions to be prescribed by the corporation, for safekeeping and storage, jewelry, plate, money, specie, bullion, stocks, bonds, mortgages, securities and valuable paper of any kind and other valuable personal property, and to rent vaults, safes, boxes and other receptacles for safekeeping and storage of personal property.

      (10) If the bank be located in a city of not more than five thousand inhabitants, to act as insurance agent.  A bank exercising this power may continue to act as an insurance agent notwithstanding a change of the population of the city in which it is located.

      (11) To accept drafts or bills of exchange drawn upon it having not more than six months sight to run, which grow out of transactions involving the importation or exportation of goods; or which grow out of transactions involving the domestic shipment of goods, providing shipping documents conveying or securing title are attached at the time of acceptance; or which are secured at the time of acceptance by a warehouse receipt or other such document conveying or securing title to readily marketable staples.  No bank shall accept, either in a foreign or a domestic transaction, for any one person, company, firm or corporation, to an amount equal at any one time in the aggregate to more than ten percent of its paid up and unimpaired capital stock and surplus unless the bank is secured by attached documents or by some other actual security growing out of the same transaction as the acceptance; and no bank shall accept such bills to an amount equal at any time in the aggregate to more than one-half of its paid up and unimpaired capital stock and surplus:  PROVIDED, HOWEVER, That the director, under such general regulations applicable to all banks irrespective of the amount of capital or surplus, as the director may prescribe may authorize any bank to accept such bills to an amount not exceeding at any time in the aggregate one hundred percent of its paid up and unimpaired capital stock and surplus:  PROVIDED, FURTHER, That the aggregate of acceptances growing out of domestic transactions shall in no event exceed fifty percent of such capital stock and surplus.

      (12) To accept drafts or bills of exchange drawn upon it, having not more than three months sight to run, drawn under regulations to be prescribed by the director by banks or bankers in foreign countries or dependencies or insular possessions of the United States for the purpose of furnishing dollar exchange as required by the usages of trade in the respective countries, dependencies or insular possessions.  Such drafts or bills may be acquired by banks in such amounts and subject to such regulations, restrictions and limitations as may be provided by the director:  PROVIDED, HOWEVER, That no bank shall accept such drafts or bills of exchange referred to in this subdivision for any one bank to an amount exceeding in the aggregate ten percent of the paid up and unimpaired capital and surplus of the accepting bank unless the draft or bill of exchange is accompanied by documents conveying or securing title or by some other adequate security, and that no such drafts or bills of exchange shall be accepted by any bank in an amount exceeding at any time the aggregate of one-half of its paid up and unimpaired capital and surplus:  PROVIDED FURTHER, That compliance by any bank which is a member of the federal reserve system of the United States with the rules, regulations and limitations adopted by the federal reserve board thereof with respect to the acceptance of drafts or bills of exchange by members of such federal reserve system shall be a sufficient compliance with the requirements of this subdivision or paragraph relating to rules, regulations and limitations prescribed by the director.

      (13) To have and exercise all powers necessary or convenient to effect its purposes.

      (14) To serve as custodian of an individual retirement account and pension and profit sharing plans qualified under internal revenue code section 401(a), the assets of which are invested in deposits of the bank or trust company or are invested, pursuant to directions from the customer owning the account, in securities traded on a national securities market:  PROVIDED, That the bank or trust company shall accept no investment responsibilities over the account unless it is granted trust powers by the director.

      (15) To be a limited partner in a limited partnership that engages in only such activities as are authorized for the bank.

      (16) To exercise any other power or authority permissible under applicable state or federal law conducted by out-of-state state banks with branches in Washington to the same extent if, in the opinion of the director, those powers and authorities affect the operations of banking in Washington or affect the delivery of financial services in Washington.

(17) To conduct a promotional contest of chance as authorized in RCW 9.46.0356(l)(b), as long as the conditions of RCW 9.46.0356(5) and section 5 of this act are complied with to the satisfaction of the director.

Sec. 8. RCW 32.08.140 and 1999 c 14 s 17 are each amended to read as follows:

      Every mutual savings bank incorporated under this title shall have, subject to the restrictions and limitations contained in this title, the following powers:

      (1) To receive deposits of money, to invest the same in the property and securities prescribed in this title, to declare dividends in the manner prescribed in this title, and to exercise by its board of trustees or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of a savings bank.

      (2) To issue transferable certificates showing the amounts contributed by any incorporator or trustee to the guaranty fund of such bank, or for the purpose of paying its expenses.  Every such certificate shall show that it does not constitute a liability of the savings bank, except as otherwise provided in this title.

      (3) To purchase, hold and convey real property as prescribed in RCW 32.20.280.

      (4) To pay depositors as hereinafter provided, and when requested, pay them by drafts upon deposits to the credit of the savings bank in any city in the United States, and to charge current rates of exchange for such drafts.

      (5) To borrow money in pursuance of a resolution adopted by a vote of a majority of its board of trustees duly entered upon its minutes whereon shall be recorded by ayes and noes the vote of each trustee, for the purpose of repaying depositors, and to pledge or hypothecate securities as collateral for loans so obtained.  Immediate written notice shall be given to the director of all amounts so borrowed, and of all assets so pledged or hypothecated.

      (6) Subject to such regulations and restrictions as the director finds to be necessary and proper, to borrow money in pursuance of a resolution, policy, or other governing document adopted by its board of trustees, for purposes other than that of repaying depositors and to pledge or hypothecate its assets as collateral for any such loans, provided that no amount shall at any time be borrowed by a savings bank pursuant to this subsection (6), if such amount, together with the amount then remaining unpaid upon prior borrowings by such savings bank pursuant to this subsection (6), exceeds thirty percent of the assets of the savings bank.

      The sale of securities or loans by a bank subject to an agreement to repurchase the securities or loans shall not be considered a borrowing.  Borrowings from federal, state, or municipal governments or agencies or instrumentalities thereof shall not be subject to the limits of this subsection.

      (7) To collect or protest promissory notes or bills of exchange owned by such bank or held by it as collateral, and remit the proceeds of the collections by drafts upon deposits to the credit of the savings bank in any city in the United States, and to charge the usual rates or fees for such collection and remittance for such protest.

      (8) To sell gold or silver received in payment of interest or principal of obligations owned by the savings bank or from depositors in the ordinary course of business.

      (9) To act as insurance agent for the purpose of writing fire insurance on property in which the bank has an insurable interest, the property to be located in the city in which the bank is situated and in the immediate contiguous suburbs, notwithstanding anything in any other statute to the contrary.

      (10) To let vaults, safes, boxes or other receptacles for the safekeeping or storage of personal property, subject to laws and regulations applicable to, and with the powers possessed by, safe deposit companies.

      (11) To elect or appoint in such manner as it may determine all necessary or proper officers, agents, boards, and committees, to fix their compensation, subject to the provisions of this title, and to define their powers and duties, and to remove them at will.

      (12) To make and amend bylaws consistent with law for the management of its property and the conduct of its business.

      (13) To wind up and liquidate its business in accordance with this title.

      (14) To adopt and use a common seal and to alter the same at pleasure.

      (15) To exercise any other power or authority permissible under applicable state or federal law exercised by other savings banks or by savings and loan associations with branches in Washington to the same extent as those savings institutions if, in the opinion of the director, the exercise of these powers and authorities by the other savings institutions affects the operations of savings banks in Washington or affects the delivery of financial services in Washington.

      (16) To exercise the powers and authorities conferred by RCW 30.04.215.

      (17) To exercise the powers and authorities that may be carried on by a subsidiary of the mutual savings bank that has been determined to be a prudent investment pursuant to RCW 32.20.380.

      (18) To do all other acts authorized by this title.

      (19) To exercise the powers and authorities that may be exercised by an insured state bank in compliance with 12 U.S.C. Sec. 1831a.

(20) To conduct a promotional contest of chance as authorized in RCW 9.46.0356(l)(b), as long as the conditions of RCW 9.46.0356(5) and section 5 of this act are complied with to the satisfaction of the director.

NEW SECTION.  Sec. 9. Sections 7 and 8 of this act take effect when the director of the department of financial institutions finds that a federal regulatory agency has, through federal law, regulation, or official regulatory interpretation, interpreted federal law to permit banks operating under the authority of Title 30 or 32 RCW to conduct a promotional contest of chance as defined in RCW 30.22.040."

Correct the title.

and the same are herewith transmitted.

BARBARA BAKER, Chief Clerk

MOTION

Senator Kilmer moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5232.

      Senator Kilmer spoke in favor of the motion.

The President declared the question before the Senate to be the motion by Senator Kilmer that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5232.

The motion by Senator Kilmer carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5232 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5232, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5232, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom, White and Zarelli

      Excused: Senator Delvin

SUBSTITUTE SENATE BILL NO. 5232, 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

April 4, 2011

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 5239 with the following amendment(s): 5239-S AMH ED H2251.1

0)Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 28A.520.020 and 1991 sp.s. c 13 s 113 are each amended to read as follows:

      (1) There shall be a fund known as the federal forest revolving account.  The state treasurer, who shall be custodian of the revolving account, shall deposit into the revolving account the funds for each county received by the state in accordance with Title 16, section 500, United States Code.  The state treasurer shall distribute these moneys to the counties according to the determined proportional area.  The county legislative authority shall expend fifty percent of the money for the benefit of the public roads and other public purposes as authorized by federal statute or public schools of such county and not otherwise.  Disbursements by the counties of the remaining fifty percent of the money shall be as authorized by the superintendent of public instruction, or the superintendent's designee, and shall occur in the manner provided in subsection (2) of this section.

      (2) No later than thirty days following receipt of the funds from the federal government, the superintendent of public instruction shall apportion moneys distributed to counties for schools to public school districts in the respective counties in proportion to the number of resident full-time equivalent students enrolled in each public school district to the number of resident full-time equivalent students enrolled in public schools in the county.  In apportioning these funds, the superintendent of public instruction shall utilize the October enrollment count.

      (3) If the amount received by any public school district pursuant to subsection (2) of this section is less than the basic education allocation to which the district would otherwise be entitled, the superintendent of public instruction shall apportion to the district, in the manner provided by RCW 28A.510.250, an amount which shall be the difference between the amount received pursuant to subsection (2) of this section and the basic education allocation to which the district would otherwise be entitled.

      (4) All federal forest funds shall be expended in accordance with the requirements of Title 16, section 500, United States Code, as now existing or hereafter amended.

(5) The definition of resident student for purposes of this section shall be based on rules adopted by the superintendent of public instruction, which shall consider and address the impact of alternative learning experience students on federal forest funds distribution.

NEW SECTION.  Sec. 2. The superintendent of public instruction shall adopt rules to implement section 1 of this act that take effect September 1, 2011.

NEW SECTION.  Sec. 3. Section 1 of this act takes effect September 1, 2011."

Correct the title.

and the same are herewith transmitted.

BARBARA BAKER, Chief Clerk

MOTION

Senator Honeyford moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5239.

      Senator Honeyford spoke in favor of the motion.

The President declared the question before the Senate to be the motion by Senator Honeyford that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5239.

The motion by Senator Honeyford carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5239 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5239, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5239, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom, White and Zarelli

      Excused: Senator Delvin

SUBSTITUTE SENATE BILL NO. 5239, 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

April 9, 2011

MR. PRESIDENT:

The House passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5253 with the following amendment(s): 5253-S.E AMH ENGR H2205.E

0)Strike everything after the enacting clause and insert the following:

"PART I

FINDINGS

NEW SECTION.  Sec. 101. FINDINGS.  (1) Recognizing that uncoordinated and poorly planned growth poses a threat to the environment, sustainable economic development, and the health, safety, and high quality of life enjoyed by residents of this state, the legislature passed the growth management act, chapter 36.70A RCW.  The planning goals adopted through the growth management act encourage development in urban areas where public facilities and services exist or can be provided efficiently, conservation of productive forest and agricultural lands, and a reduction of sprawl.

      (2) Under RCW 36.70A.090 and 43.362.005 the legislature has encouraged:

      (a) The use of innovative land use management techniques, including the transfer of development rights, to meet growth management goals; and

      (b) The creation of a regional transfer of development rights marketplace in the central Puget Sound to assist in conserving agricultural and forest land, as well as other lands of state or regional priority.

      (3) The legislature finds that:

      (a) Local governments are in need of additional resources to provide public infrastructure to meet the needs of a growing population, and that public infrastructure is fundamental to community health, safety, and economic vitality.  Investment in public infrastructure in growing urban areas supports growth management goals, encourages the redevelopment of underutilized or blighted urban areas, stimulates business activity and helps create jobs, lowers the cost of housing, promotes efficient land use, and improves residents' quality of life;

      (b) Transferring development rights from agricultural and forest lands to urban areas where public facilities and services exist or can be provided efficiently and cost-effectively will ensure vibrant, economically viable communities.  Directing growth to communities where people can live close to where they work or have access to transportation choices will also advance state goals regarding climate change by reducing vehicle miles traveled and by reducing fuel consumption and emissions that contribute to climate change.  Directing growth to these communities will further help avoid the impacts of storm water runoff to Puget Sound by avoiding impervious surfaces associated with development in watershed uplands;

      (c) A transfer of development rights marketplace is particularly appropriate for conserving agricultural and forest land of long-term commercial significance.  Transferring the development rights from these lands of statewide importance to cities will help achieve a specific goal of the growth management act by keeping them in farming and forestry, thereby helping ensure these remain viable industries in counties experiencing population growth.  Transferring growth from agricultural and forest land of long-term commercial significance will also reduce costs to the counties that otherwise would be responsible for the provision of infrastructure and services for development on these lands, which are generally further from existing infrastructure and services; and

      (d) The state and its residents benefit from investment in public infrastructure that is associated with urban growth facilitated by the transfer of development from agricultural and forest lands of long-term commercial significance.  These activities advance multiple state growth management goals and benefit the state and local economies.  It is in the public interest to enable local governments to finance such infrastructure investments and to incentivize development right transfers in the central Puget Sound through this chapter.

PART II

DEFINITIONS

NEW SECTION.  Sec. 201. DEFINITIONS.  The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

      (1) "Assessed value" means the valuation of taxable real property as placed on the last completed assessment roll.

      (2) "Eligible county" means any county that borders Puget Sound, that has a population of six hundred thousand or more, and that has an established program for transfer of development rights.

      (3) "Employment" means total employment in a county or city, as applicable, estimated by the office of financial management.

      (4) "Exchange rate" means an increment of development beyond what base zoning allows that is assigned to a development right by a sponsoring city for use in a receiving area.

      (5) "Local infrastructure project area" means the geographic area identified by a sponsoring city under section 601 of this act.

      (6) "Local infrastructure project financing" means the use of local property tax allocation revenue distributed to the sponsoring city to pay or finance public improvement costs within the local infrastructure project area in accordance with section 701 of this act.

      (7) "Local property tax allocation revenue" means those tax revenues derived from the receipt of regular property taxes levied on the property tax allocation revenue value and used for local infrastructure project financing.

      (8) "Participating taxing district" means a taxing district that:

      (a) Has a local infrastructure project area wholly or partially within the taxing district's geographic boundaries; and

      (b) Levies, or has levied on behalf of the taxing district, regular property taxes as defined in this section.

      (9) "Population" means the population of a city or county, as applicable, estimated by the office of financial management.

      (10) "Property tax allocation revenue base value" means the assessed value of real property located within a local infrastructure project area, less the property tax allocation revenue value.

      (11)(a)(i) "Property tax allocation revenue value" means an amount equal to the sponsoring city ratio multiplied by seventy-five percent of any increase in the assessed value of real property in a local infrastructure project area resulting from:

      (A) The placement of new construction, improvements to property, or both, on the assessment roll, where the new construction and improvements are initiated after the local infrastructure project area is created by the sponsoring city;

      (B) The cost of new housing construction, conversion, and rehabilitation improvements, when the cost is treated as new construction for purposes of chapter 84.55 RCW as provided in RCW 84.14.020, and the new housing construction, conversion, and rehabilitation improvements are initiated after the local infrastructure project area is created by the sponsoring city;

      (C) The cost of rehabilitation of historic property, when the cost is treated as new construction for purposes of chapter 84.55 RCW as provided in RCW 84.26.070, and the rehabilitation is initiated after the local infrastructure project area is created by the sponsoring city.

      (ii) Increases in the assessed value of real property resulting from (a)(i)(A) through (C) of this subsection are included in the property tax allocation revenue value in the initial year.  These same amounts are also included in the property tax allocation revenue value in subsequent years unless the property becomes exempt from property taxation.

      (b) "Property tax allocation revenue value" includes an amount equal to the sponsoring city ratio multiplied by seventy-five percent of any increase in the assessed value of new construction consisting of an entire building in the years following the initial year, unless the building becomes exempt from property taxation.

      (c) Except as provided in (b) of this subsection, "property tax allocation revenue value" does not include any increase in the assessed value of real property after the initial year.

      (d) There is no property tax allocation revenue value if the assessed value of real property in a local infrastructure project area has not increased as a result of any of the reasons specified in (a)(i)(A) through (C) of this subsection.

      (e) For purposes of this subsection, "initial year" means:

      (i) For new construction and improvements to property added to the assessment roll, the year during which the new construction and improvements are initially placed on the assessment roll;

      (ii) For the cost of new housing construction, conversion, and rehabilitation improvements, when the cost is treated as new construction for purposes of chapter 84.55 RCW, the year when the cost is treated as new construction for purposes of levying taxes for collection in the following year; and

      (iii) For the cost of rehabilitation of historic property, when the cost is treated as new construction for purposes of chapter 84.55 RCW, the year when such cost is treated as new construction for purposes of levying taxes for collection in the following year.

      (12)(a) "Public improvements" means:

      (i) Infrastructure improvements within the local infrastructure project area that include:

      (A) Street, road, bridge, and rail construction and maintenance;

      (B) Water and sewer system construction and improvements;

      (C) Sidewalks, streetlights, landscaping, and streetscaping;

      (D) Parking, terminal, and dock facilities;

      (E) Park and ride facilities of a transit authority and other facilities that support transportation efficient development;

      (F) Park facilities, recreational areas, bicycle paths, and environmental remediation;

      (G) Storm water and drainage management systems;

      (H) Electric, gas, fiber, and other utility infrastructures; and

      (ii) Expenditures for facilities and improvements that support affordable housing;

      (iii) Providing maintenance and security for common or public areas in the local infrastructure project area; or

      (iv) Historic preservation activities authorized under RCW 35.21.395.

      (b) Public improvements do not include the acquisition by a sponsoring city of transferable development rights.

      (13) "Real property" has the same meaning as in RCW 84.04.090 and also includes any privately owned improvements located on publicly owned land that are subject to property taxation.

      (14)(a) "Regular property taxes" means regular property taxes as defined in RCW 84.04.140, except:  (i) Regular property taxes levied by port districts or public utility districts specifically for the purpose of making required payments of principal and interest on general indebtedness; (ii) regular property taxes levied by the state for the support of common schools under RCW 84.52.065; and (iii) regular property taxes authorized by RCW 84.55.050 that are limited to a specific purpose.

      (b) "Regular property taxes" do not include:

      (i) Excess property tax levies that are exempt from the aggregate limits for junior and senior taxing districts as provided in RCW 84.52.043; and

      (ii) Property taxes that are specifically excluded through an interlocal agreement between the sponsoring local government and a participating taxing district as set forth in RCW 39.104.060(3).

      (15) "Receiving areas," for purposes of this chapter, are those designated lands within local infrastructure project areas in which transferable development rights from sending areas may be used.

      (16) "Receiving city" means any incorporated city with population plus employment equal to twenty-two thousand five hundred or greater within an eligible county.

      (17) "Receiving city allocated share" means the total number of transferable development rights from agricultural and forest land of long-term commercial significance and rural zoned lands designated under section 303 of this act within the eligible counties allocated to a receiving city under section 305 (1) and (2) of this act.

      (18) "Sending areas" means those lands within an eligible county that meet conservation criteria as described in sections 301 and 303 of this act.

      (19) "Sponsoring city" means a receiving city that accepts all or a portion of its receiving city allocated share, adopts a plan for development of infrastructure within one or more proposed local infrastructure project areas in accordance with section 401 of this act, and creates one or more local infrastructure project areas, as specified in section 305(4) of this act.

      (20) "Sponsoring city allocated share" means the total number of transferable development rights a sponsoring city agrees to accept, under section 305(4) of this act, from agricultural and forest land of long-term commercial significance and rural zoned lands designated under section 303 of this act within the eligible counties, plus the total number of transferable development rights transferred to the sponsoring city from another receiving city under section 305(5) of this act.

      (21) "Sponsoring city ratio" means the ratio of the sponsoring city specified portion to the sponsoring city allocated share.

      (22) "Sponsoring city specified portion" means the portion of a sponsoring city allocated share which may be used within one or more local infrastructure project areas, as set forth in the sponsoring city's plan for development of infrastructure under section 401 of this act.

      (23) "Taxing district" means a city or county that levies or has levied on behalf of the taxing district, regular property taxes upon real property located within a local infrastructure project area.

      (24) "Transfer of development rights" includes methods for protecting land from development by voluntarily removing the development rights from a sending area and transferring them to one or more receiving areas for the purpose of increasing development density or intensity.

      (25) "Transferable development rights" means a right to develop one or more residential units in a sending area that can be sold and transferred.

PART III

SENDING AREAS

NEW SECTION.  Sec. 301. DESIGNATION OF SENDING AREAS--INCLUSION OF AGRICULTURAL AND FOREST LAND OF LONG-TERM COMMERCIAL SIGNIFICANCE.  An eligible county must designate all agricultural and forest land of long-term commercial significance within its jurisdiction as sending areas for conservation under the eligible county's program for transfer of development rights.  The development rights from all such agricultural and forest land of long-term commercial significance within the eligible counties must be available for transfer to receiving cities under this chapter.

NEW SECTION.  Sec. 302. DEVELOPMENT RIGHTS FROM AGRICULTURAL AND FOREST LAND OF LONG-TERM COMMERCIAL SIGNIFICANCE.  (1) An eligible county must calculate the number of development rights from agricultural and forest land of long-term commercial significance that are eligible for transfer to receiving areas.  An eligible county must determine transferable development rights for allocation purposes in this program by:

      (a) Base zoning in effect as of January 1, 2011; or

      (b) An allocation other than base zoning as reflected by an eligible county's transfer of development rights program or an interlocal agreement with a receiving city in effect as of January 1, 2011.

      (2) The number of transferable development rights includes the development rights from agricultural and forest lands of long-term commercial significance that have been previously issued under the eligible county's program for transfer of development rights, but that have not as yet been utilized to increase density or intensity in a development as of January 1, 2011.

      (3) The number of transferable development rights does not include development rights from agricultural and forest lands of long-term commercial significance that have previously been removed or extinguished, such as through an existing conservation easement or mitigation or habitat restoration plan, except when consistent with subsection (2) of this section.

NEW SECTION.  Sec. 303. DESIGNATION OF SENDING AREAS--INCLUSION OF RURAL ZONED LANDS UNDER CERTAIN CIRCUMSTANCES.  (1) Subject to the requirements of this section, an eligible county may designate a portion of its rural zoned lands as sending areas for conservation under the eligible county's program for transfer of development rights available for transfer to receiving cities under this chapter.

      (2) An eligible county may designate rural zoned lands as available for transfer to receiving cities under this chapter only if, and at such time as, fifty percent or more of the total acreage of land classified as agricultural and forest land of long-term commercial significance in the county, as of January 1, 2011, has been protected through either a permanent conservation easement, ownership in fee by the county for land protection or conservation purposes, or ownership in fee by a nongovernmental land conservation organization.

      (3) To be designated as available for transfer to receiving cities under this chapter, rural zoned lands must either:

      (a) Be identified by the county as top conservation priorities because they:

      (i) Provide ecological effectiveness in achieving water resource inventory area goals;

      (ii) Provide contiguous habitat protection, are adjacent to already protected habitat areas, or improve ecological function;

      (iii) Are of sufficient size and location in the landscape to yield strategic growth management benefits;

      (iv) Provide improved access for regional recreational opportunity;

      (v) Prevent forest fragmentation or are appropriate for forest management;

      (vi) Provide flood protection or reduce flood risk; or

      (vii) Have other attributes that meet natural resource preservation program priorities; or

      (b) Be identified by the state or in regional conservation plans as highly important to the water quality of Puget Sound.

      (4) The portion of rural zoned lands in an eligible county designated as sending areas for conservation under the eligible county's program for transfer of development rights available for transfer to receiving cities under this chapter must not exceed one thousand five hundred development rights.

NEW SECTION.  Sec. 304. DETERMINATION OF TOTAL NUMBER OF TRANSFERABLE DEVELOPMENT RIGHTS FOR AGRICULTURAL AND FOREST LAND OF LONG-TERM COMMERCIAL SIGNIFICANCE AND DESIGNATED RURAL ZONED LANDS.  On or before September 1, 2011, each eligible county must report to the Puget Sound regional council the total number of transferable development rights from agricultural and forest land of long-term commercial significance and designated rural zoned lands within the eligible county that may be available for allocation to receiving cities under this chapter, as determined under sections 302 and 303 of this act.

NEW SECTION.  Sec. 305. ALLOCATION AMONG LOCAL GOVERNMENTS OF TRANSFERABLE DEVELOPMENT RIGHTS FROM AGRICULTURAL AND FOREST LAND OF LONG-TERM COMMERCIAL SIGNIFICANCE AND DESIGNATED RURAL ZONED LANDS. (1) The Puget Sound regional council must allocate among receiving cities the total number of development rights reported by eligible counties under section 304 of this act.  Each receiving city allocated share must be determined by the Puget Sound regional council, in consultation with eligible counties and receiving cities, based on growth targets, determined by established growth management processes, and other relevant factors as determined by the Puget Sound regional council in conjunction with the counties and receiving cities.

      (2) The Puget Sound regional council must report to each receiving city its receiving city allocated share on or before March 1, 2012.

      (3) The Puget Sound regional council must report each receiving city allocated share to the department of commerce on or before March 1, 2012.

      (4) A receiving city may become a sponsoring city by accepting all or a portion of its receiving city allocated share, adopting a plan in accordance with section 401 of this act, and creating one or more local infrastructure project areas to pay or finance costs of public improvements.    

      (5) A receiving city may, by interlocal agreement, transfer all or a portion of its receiving city allocated share to another sponsoring city.  The transferred portion of the receiving city allocated share must be included in the other sponsoring city allocated share.

PART IV

RECEIVING AREAS

NEW SECTION.  Sec. 401. DEVELOPMENT PLAN FOR INFRASTRUCTURE.  (1) Before adopting an ordinance or resolution creating one or more local infrastructure project areas, a sponsoring city must adopt a plan for development of public infrastructure within one or more proposed local infrastructure project areas sufficient to utilize, on an aggregate basis, a sponsoring city specified portion that is equal to or greater than twenty percent of the sponsoring city allocated share.

      (2) The plan must be developed in consultation with the department of transportation and the county where the local infrastructure project area to be created is located, be consistent with any transfer of development rights policies or development regulations adopted by the sponsoring city under section 402 of this act, specify the public improvements to be financed using local infrastructure project financing under section 601 of this act, estimate the number of any transferable development rights that will be used within the local infrastructure project area or areas and estimate the cost of the public improvements.

      (3) A plan adopted under this section may be revised from time to time by the sponsoring city, in consultation with the county where the local infrastructure project area or areas are located, to increase the sponsoring city specified portion.

NEW SECTION.  Sec. 402. PROGRAM FOR TRANSFER OF DEVELOPMENT RIGHTS INTO RECEIVING AREAS--REQUIREMENTS.  (1) Before adopting an ordinance or resolution creating one or more local infrastructure project areas, a sponsoring city must:

      (a) Adopt transfer of development rights policies or implement development regulations as required by subsection (2) of this section; or

      (b) Make a finding that the sponsoring city will:

      (i) Receive its sponsoring city specified portion within one or more local infrastructure project areas; or

      (ii) Purchase its sponsoring city specified portion should the sponsoring city not be able to receive its sponsoring city specified portion within one or more local infrastructure project areas such that purchased development rights can be held in reserve by the sponsoring city and used in future development.

      (2) Any adoption of transfer of development rights policies or implementation of development regulations must:

      (a) Comply with chapter 36.70A RCW;

      (b) Designate a receiving area or areas;

      (c) Adopt incentives consistent with subsection (4) of this section for developers purchasing transferable development rights;

      (d) Establish an exchange rate consistent with subsection (5) of this section; and

      (e) Require that the sale of a transferable development right from agricultural or forest land of long-term commercial significance or designated rural zoned lands under section 303 of this act be evidenced by its permanent removal from the sending site, such as through a conservation easement on the sending site.

      (3) Any adoption of transfer of development rights policies or implementation of development regulations must not be based upon a downzone within one or more receiving areas solely to create a market for the transferable development rights.

      (4) Developer incentives should be designed to:

      (a) Achieve the densities or intensities reasonably likely to result from absorption of the sponsoring city specified portion identified in the plan under section 401 of this act;

      (b) Include streamlined permitting strategies such as by-right permitting; and

      (c) Include streamlined environmental review strategies such as development and substantial environmental review of a subarea plan for a receiving area that benefits projects that use transferable development rights, with adoption as appropriate under RCW 43.21C.420 of optional elements of their comprehensive plan and optional development regulations that apply within the receiving area, adoption as appropriate of a categorical exemption for infill under RCW 43.21C.229 for a receiving area, and adoption as appropriate of a planned action under RCW 43.21C.031 for the receiving area.

      (5) Each sponsoring city may determine, at its option, what developer incentives to adopt within its jurisdiction.

      (6) Exchange rates should be designed to:

      (a) Create a marketplace in which transferable development rights are priced at a level at which sending site landowners are willing to sell and developers are willing to buy transferable development rights;

      (b) Achieve the densities or intensities anticipated by the plan adopted under section 401 of this act;

      (c) Provide for translation to commodities in addition to residential density, such as building height, commercial floor area, parking ratio, impervious surface, parkland and open space, setbacks, and floor area ratio; and

      (d) Allow for appropriate exemptions from other land use or building requirements.

      (7) A sponsoring city must designate all agricultural and forest land of long-term commercial significance and designated rural zoned lands under section 303 of this act within the eligible counties as available sending areas.

      (8) A sponsoring city, in accordance with its existing comprehensive planning and development regulation authority under chapter 36.70A RCW, and in accordance with RCW 36.70A.080, may elect to adopt an optional comprehensive plan element and optional development regulations that apply within one or more local infrastructure project areas under this chapter.

NEW SECTION.  Sec. 403. DEVELOPMENT RIGHTS AVAILABLE FOR TRANSFER TO RECEIVING CITIES.  Only development rights from agricultural and forest land of long-term commercial significance within the eligible counties as determined under section 302 of this act, and rural-zoned lands with the eligible counties designated under section 303 of this act, may be available for transfer to receiving cities in accordance with this chapter.

PART V

QUANTITATIVE AND QUALITATIVE PERFORMANCE MEASURES

NEW SECTION.  Sec. 501. QUANTITATIVE AND QUALITATIVE PERFORMANCE MEASURES--REPORTING.  The eligible counties, in collaboration with sponsoring cities, must provide a report to the department of commerce by March 1st of every other year.  The report must contain the following information:

      (1) The number of sponsoring cities that have adopted transfer of development rights policies and regulations incorporating transfer of development rights under this chapter, and have an interlocal agreement or have adopted the department of commerce transfer of development rights interlocal terms and conditions rule;

      (2) The number of transfer of development rights transactions under this chapter using different types of transfer of development rights mechanisms;

      (3) The number of acres under conservation easement under this chapter, broken out by agricultural land, forest land, and rural lands;

      (4) The number of transferable development rights transferred from sending areas under this chapter;

      (5) The number of transferable development rights transferred from a county into a sponsoring city under this chapter;

      (6) Sponsoring city development under this chapter using transferable development rights, including:

      (a) The number of total new residential units;

      (b) The number of residential units created in receiving areas using transferable development rights transferred from sending areas;

      (c) The amount of additional commercial floor area;

      (d) The amount of additional building height;

      (e) The number of required structured parking spaces reduced, if transferable development rights are specifically converted into reduced structured parking space requirements;

      (f) The number of additional parking spaces allowed, if transferable development rights are specifically converted into additional receiving area parking spaces; and

      (g) The amount of additional impervious surface allowed, if transferable development rights are specifically converted into receiving area impervious surfaces;

      (7) The amount of the local property tax allocation revenues, if any, received in the preceding calendar year by the sponsoring city;

      (8) A list of public improvements paid or financed with local infrastructure project financing;

      (9) The names of any businesses locating within local infrastructure project areas as a result of the public improvements undertaken by the sponsoring local government and paid or financed in whole or in part with local infrastructure project financing;

      (10) The total number of permanent jobs created in the local infrastructure project area as a result of the public improvements undertaken by the sponsoring local government and paid or financed in whole or in part with local infrastructure project financing;

      (11) The average wages and benefits received by all employees of businesses locating within the local infrastructure project area as a result of the public improvements undertaken by the sponsoring local government and paid or financed in whole or in part with local infrastructure project financing; and

      (12) The date when any indebtedness issued for local infrastructure project financing is expected to be retired.

PART VI

ESTABLISHMENT OF LOCAL INFRASTRUCTURE PROJECT AREAS

NEW SECTION.  Sec. 601. CREATING A LOCAL INFRASTRUCTURE PROJECT AREA.  (1) Before adopting an ordinance or resolution creating one or more local infrastructure project areas, a sponsoring city must:

      (a) Provide notice to the county assessor, county treasurer, and county within the proposed local infrastructure project area of the sponsoring city's intent to create one or more local infrastructure project areas.  This notice must be provided at least one hundred eighty days in advance of the public hearing as required by (b) of this subsection;

      (b) Hold a public hearing on the proposed formation of the local infrastructure project area.

      (2) A sponsoring city may create one or more local infrastructure project areas by ordinance or resolution that:

      (a) Describes the proposed public improvements, identified in the plan under section 401 of this act, to be financed in each local infrastructure project area;

      (b) Describes the boundaries of each local infrastructure project area, subject to the limitations in section 602 of this act; and

      (c) Provides the date when the use of local property tax allocation revenues will commence and a list of the participating taxing districts.

      (3) The sponsoring city must deliver a certified copy of the adopted ordinance or resolution to the county assessor, county treasurer, and each other participating taxing district within which the local infrastructure project area is located.

NEW SECTION.  Sec. 602. LIMITATIONS ON LOCAL INFRASTRUCTURE PROJECT AREAS.  The designation of any local infrastructure project area is subject to the following limitations:

      (1) A local infrastructure project area is limited to contiguous tracts, lots, pieces, or parcels of land without the creation of islands of territory not included in the local infrastructure project area;

      (2) The public improvements to be financed with local infrastructure project financing must be located in the local infrastructure project area and must, in the determination of the sponsoring city, further the intent of this chapter;

      (3) Local infrastructure project areas created by a sponsoring city may not comprise an area containing more than twenty-five percent of the total assessed value of taxable property within the sponsoring city at the time the local infrastructure project areas are created;

      (4) The boundaries of each local infrastructure project area may not overlap and may not be changed during the time period that local infrastructure project financing is used within the local infrastructure project area, as provided under this chapter; and

      (5) All local infrastructure project areas created by the sponsoring city must comprise, in the aggregate, an area that the sponsoring city determines (a) is sufficient to use the sponsoring city specified portion, unless the sponsoring city satisfies its sponsoring city allocated share under section 402(1)(b)(ii) of this act, and (b) is no larger than reasonably necessary to use the sponsoring city specified portion in projected future developments.

NEW SECTION.  Sec. 603. PARTICIPATING TAXING DISTRICTS. Participating taxing districts must allow the use of all of their local property tax allocation revenues for local infrastructure project financing.

PART VII

LOCAL INFRASTRUCTURE PROJECT FINANCING

USE OF PROPERTY TAX REVENUES TO PAY OR FINANCE

COSTS OF PUBLIC IMPROVEMENTS

NEW SECTION.  Sec. 701. ALLOCATION OF PROPERTY TAX REVENUES.  (1) Commencing in the second calendar year following the creation of a local infrastructure project area by a sponsoring city, the county treasurer must distribute receipts from regular taxes imposed on real property located in the local infrastructure project area as follows:

      (a) Each participating taxing district and the sponsoring city must receive that portion of its regular property taxes produced by the rate of tax levied by or for the taxing district on the property tax allocation revenue base value for that local infrastructure project area in the taxing district; and

      (b) The sponsoring city must receive an additional portion of the regular property taxes levied by it and by or for each participating taxing district upon the property tax allocation revenue value within the local infrastructure project area.  However, if there is no property tax allocation revenue value, the sponsoring city may not receive any additional regular property taxes under this subsection (1)(b).  The sponsoring city may agree to receive less than the full amount of the additional portion of regular property taxes under this subsection (1)(b) as long as bond debt service, reserve, and other bond covenant requirements are satisfied, in which case the balance of these tax receipts must be allocated to the participating taxing districts that levied regular property taxes, or have regular property taxes levied for them, in the local infrastructure project area for collection that year in proportion to their regular tax levy rates for collection that year.  The sponsoring city may request that the treasurer transfer this additional portion of the property taxes to its designated agent.  The portion of the tax receipts distributed to the sponsoring local government or its agent under this subsection (1)(b) may only be expended to pay or finance public improvement costs within the local infrastructure project area.

      (2) The county assessor must determine the property tax allocation revenue value and property tax allocation revenue base value.  This section does not authorize revaluations of real property by the assessor for property taxation that are not made in accordance with the assessor's revaluation plan under chapter 84.41 RCW or under other authorized revaluation procedures.

      (3)(a) The distribution of local property tax allocation revenue to the sponsoring city must cease on the date that is the earlier of:

      (i) The date when local property tax allocation revenues are no longer used or obligated to pay the costs of the public improvements; or

      (ii) The final termination date as determined under (b) of this subsection.

      (b) The final termination date is determined as follows:

      (i) Except as provided otherwise in this subsection (3)(b), if the sponsoring city certifies to the county treasurer that the local property tax threshold level 1 is met, the final termination date is ten years after the date of the first distribution of local property tax allocation revenues under subsection (1) of this section;

      (ii) If the sponsoring city certifies to the county treasurer that the local property tax threshold level 2 is met at least six months prior to the final termination date under (b)(i) of this subsection (3), the final termination date is fifteen years after the date of the first distribution of local property tax allocation revenues under subsection (1) of this section;

      (iii) If the sponsoring city certifies to the county treasurer that the local property tax threshold level 3 is met at least six months prior to the final termination date under (b)(ii) of this subsection (3), the final termination date is twenty years after the date of the first distribution of local property tax allocation revenues under subsection (1) of this section;

      (iv) If the sponsoring city certifies to the county treasurer that the local property tax threshold level 4 is met at least six months prior to the final termination date under (b)(iii) of this subsection (3), the final termination date is twenty-five years after the date of the first distribution of local property tax allocation revenues under subsection (1) of this section.

      (4) For purposes of this section:

      (a) The "local property tax threshold level 1" is met when the sponsoring city has either:

      (i) Issued building permits for development within the local infrastructure project area that, on an aggregate basis, uses at least twenty-five percent of the sponsoring city specified portion; or

      (ii) Acquired transferable development rights equal to at least twenty-five percent of the sponsoring city specified portion for use in the local infrastructure project area or for extinguishment.

      (b) The "local property tax threshold level 2" is met when the sponsoring city has either:

      (i) Issued building permits for development within the local infrastructure project area that, on an aggregate basis, uses at least fifty percent of the sponsoring city specified portion; or

      (ii) Acquired transferable development rights equal to at least fifty percent of the sponsoring city specified portion for use in the local infrastructure project area or for extinguishment.

      (c) The "local property tax threshold level 3" is met when the sponsoring city has either:

      (i) Issued building permits for development within the local infrastructure project area that, on an aggregate basis, uses at least seventy-five percent of the sponsoring city specified portion; or

      (ii) Acquired transferable development rights equal to at least seventy-five percent of the sponsoring city specified portion for use in the local infrastructure project area or for extinguishment.

      (d) The "local property tax threshold level 4" is met when the sponsoring city has either:

      (i) Issued building permits for development within the local infrastructure project area that, on an aggregate basis, uses at least one hundred percent of the sponsoring city specified portion; or

      (ii) Acquired transferable development rights equal to at least one hundred percent of the sponsoring city specified portion for use in the local infrastructure project area or for extinguishment.

      (5) Any excess local property tax allocation revenues, and earnings on the revenues, remaining at the time the distribution of local property tax allocation revenue terminates must be returned to the county treasurer and distributed to the participating taxing districts that imposed regular property taxes, or had regular property taxes imposed for it, in the local infrastructure project area for collection that year, in proportion to the rates of their regular property tax levies for collection that year.

      (6) The allocation to local infrastructure project financing of that portion of the sponsoring city's and each participating taxing district's regular property taxes levied upon the property tax allocation revenue value within that local infrastructure project area is declared to be a public purpose of and benefit to the sponsoring city and each participating taxing district.

      (7) The distribution of local property tax allocation revenues under this section may not affect or be deemed to affect the rate of taxes levied by or within any sponsoring local government and participating taxing district or the consistency of any such levies with the uniformity requirement of Article VII, section 1 of the state Constitution.

PART VIII

GROWTH MANAGEMENT ACT

COMPREHENSIVE PLAN OPTIONAL ELEMENTS

Sec. 801. RCW 36.70A.080 and 1990 1st ex.s. c 17 s 8 are each amended to read as follows:

      (1) A comprehensive plan may include additional elements, items, or studies dealing with other subjects relating to the physical development within its jurisdiction, including, but not limited to:

      (a) Conservation;

      (b) Solar energy; and

      (c) Recreation.

      (2) A comprehensive plan may include, where appropriate, subarea plans, each of which is consistent with the comprehensive plan.

(3)(a) Cities that qualify as a receiving city may adopt a comprehensive plan element and associated development regulations that apply within receiving areas under chapter 39.--- RCW (the new chapter created in section 903 of this act).
      (b) For purposes of this subsection, the terms "receiving city" and "receiving area" have the same meanings as provided in section 201 of this act.

PART IX

MISCELLANEOUS

NEW SECTION.  Sec. 901. ADMINISTRATION BY THE DEPARTMENT OF COMMERCE.  The department of commerce may adopt any rules under chapter 34.05 RCW it considers necessary for the administration of this chapter.

NEW SECTION.  Sec. 902. 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. 903. Sections 101 through 701 of this act constitute a new chapter in Title 39 RCW."

Correct the title.

and the same are herewith transmitted.

BARBARA BAKER, Chief Clerk

MOTION

Senator Pridemore moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5253.

      Senator Pridemore spoke in favor of the motion.

The President declared the question before the Senate to be the motion by Senator Pridemore that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5253.

The motion by Senator Pridemore carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 5253 by voice vote.

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5253, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5253, as amended by the House, and the bill passed the Senate by the following vote:  Yeas, 29; Nays, 19; Absent, 0; Excused, 1.

      Voting yea: Senators Brown, Conway, Eide, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hobbs, Kastama, Keiser, Kilmer, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Prentice, Pridemore, Ranker, Regala, Rockefeller, Shin, Swecker, Tom and White

      Voting nay: Senators Baumgartner, Baxter, Becker, Benton, Carrell, Chase, Ericksen, Hill, Holmquist Newbry, Honeyford, King, Morton, Parlette, Pflug, Roach, Schoesler, Sheldon, Stevens and Zarelli

      Excused: Senator Delvin

ENGROSSED SUBSTITUTE SENATE BILL NO. 5253, 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

April 6, 2011

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 5025 with the following amendment(s): 5025-S AMH HUNS OSBO 209

On page 3, beginning on line 8, strike all of section 3

      Correct the title.

and the same are herewith transmitted.

BARBARA BAKER, Chief Clerk

MOTION

Senator Hargrove moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5025.

      Senator Hargrove spoke in favor of the motion.

The President declared the question before the Senate to be the motion by Senator Hargrove that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5025.

MOTION

On motion of Senator White, Senator McAuliffe was excused.

The motion by Senator Hargrove carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5025 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5025, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5025, 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 Baumgartner, Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, Morton, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom, White and Zarelli

      Excused: Senators Delvin and McAuliffe

SUBSTITUTE SENATE BILL NO. 5025, 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

April 11, 2011

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 5072 with the following amendment(s): 5072-S AMH AGNR H2258.1

0)Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1. A new section is added to chapter 43.23 RCW to read as follows:

      The director of the department may accept, expend, and retain gifts, grants, bequests, or contributions from public or private sources to carry out the purposes and programs of the department."

      Correct the title.

and the same are herewith transmitted.

BARBARA BAKER, Chief Clerk

MOTION

Senator Hatfield moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5072.

      Senator Hatfield spoke in favor of the motion.

The President declared the question before the Senate to be the motion by Senator Hatfield that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5072.

The motion by Senator Hatfield carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5072 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5072, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5072, as amended by the House, and the bill passed the Senate by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom, White and Zarelli

      Excused: Senator Delvin

SUBSTITUTE SENATE BILL NO. 5072, 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

April 7, 2011

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 5097 with the following amendment(s): 5097-S AMH APPH H2451.1

0)Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1. (1) The legislature finds that:

      (a) A number of juveniles with developmental disabilities are arrested for criminal conduct, held in places of detention pending competency evaluations and/or adjudication, tried for their offenses, and are sentenced to serve time in our juvenile justice system;

      (b) The developmental disabilities of some youth who are arrested and detained are not identified or appropriately addressed;

      (c) Juveniles with developmental disabilities are often confused with juveniles with mental illness.  These populations are different and must be understood as distinct groups, with different reasonable accommodation needs; and

      (d) A developmental disability often stems from a mix of causes and many persons with developmental disabilities have cognitive impairments that require reasonable accommodations to assist them in understanding what is happening to them and what is expected of them when they encounter the juvenile justice system and in identifying community resources.

      (2) The legislature intends to improve the ability of the juvenile justice system to better identify and provide safe, appropriate accommodations for juveniles with developmental disabilities.

NEW SECTION.  Sec. 2. (1) Within available resources, a work group is established, to be cochaired by representatives of the developmental disabilities council, the Washington association of juvenile court administrators, and a representative of the juvenile rehabilitation administration within the department of social and health services, to address issues relating to juveniles with developmental disabilities who are confined in places of detention and juvenile correction institutions or facilities.

      (2) In addition to the cochairs, the work group shall also have as members the following:

      (a) A representative of the Washington association of sheriffs and police chiefs;

      (b) A representative of the division of developmental disabilities within the department of social and health services;

      (c) A representative of disability rights Washington;

      (d) A representative of the office of the superintendent of public instruction;

      (e) Consumer advocates;

      (f) A representative of the Washington state defenders' association; and

      (g) Representatives of other interested organizations as identified by the developmental disabilities council, the Washington association of juvenile court administrators, and the juvenile rehabilitation administration, including parents of developmentally disabled youth.

      (3) By December 1, 2011, the work group shall develop recommendations and report to the appropriate committees of the legislature on the following:

      (a) How to expeditiously review and determine eligibility for developmental disabilities services provided through the department of social and health services prior to a juvenile's release from detention or confinement in a juvenile correction institution or facility;

      (b) The appropriate role of the department of social and health services in providing potential alternatives to confinement for persons with developmental disabilities as well as consultation and technical assistance to places of detention and juvenile correction institutions or facilities in their efforts to provide reasonable accommodations for persons with developmental disabilities who are confined in their institution or facility.  The fiscal impact to the department of social and health services of providing consultation and technical assistance must be included with this recommendation;

      (c) How to increase the appropriate use of the authority granted the courts under current juvenile justice act provisions, Title 13 RCW, to order alternatives to secure confinement;

      (d) The establishment of new options under Title 13 RCW to divert juveniles with developmental disabilities from the juvenile justice system while maintaining public safety;

      (e) The feasibility of developing and adopting law enforcement training for responding to juveniles with developmental disabilities that is analogous to the crisis intervention training currently provided to law enforcement officers for responding to alleged criminal behavior by persons with mental illness;

      (f) The feasibility of adopting standardized statewide screening and application practices and forms designed to facilitate the application of juveniles who are likely to be eligible for medical assistance services by the division of developmental disabilities;

      (g) The need for and feasibility of developing a screening tool and training for juvenile justice system staff to be used to identify persons with developmental disabilities who are detained in places of detention and facing a criminal charge.

      (4) By September 1, 2012, if recommended by the work group under subsection (3) of this section, the work group shall develop:

      (a) A simple screening tool that may be used by juvenile detention and correction institutions and facilities as part of the facility's intake and/or classification process and which will assist in the identification of offenders with the most common types of developmental disabilities;

      (b) A model policy for the use of the screening tool;

      (c) A cost-effective means to provide concise training to juvenile detention, juvenile correction, and juvenile probation and parole staff on the use of the tool;

      (d) Information on best practices and training regarding appropriate accommodations for persons with developmental disabilities during their confinement; and

      (e) A practical guide for families and juvenile justice staff, informed by the division of developmental disabilities, inclusive of comprehensive information about programs and services available to youth with developmental disabilities who are referred to the juvenile justice system.

NEW SECTION.  Sec. 3. This act expires January 1, 2013."

Correct the title.

and the same are herewith transmitted.

BARBARA BAKER, Chief Clerk

MOTION

Senator Regala moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5097.

      Senator Regala spoke in favor of the motion.

The President declared the question before the Senate to be the motion by Senator Regala that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5097.

The motion by Senator Regala carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5097 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5097, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5097, as amended by the House, and the bill passed the Senate by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom, White and Zarelli

      Excused: Senator Delvin

SUBSTITUTE SENATE BILL NO. 5097, 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

April 11, 2011

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 5156 with the following amendment(s): 5156-S AMH SGTA H2281.2

0)On page 11, after line 15, insert the following:

"Sec. 6. RCW 66.28.290 and 2009 c 506 s 3 are each amended to read as follows:

      (1) Notwithstanding any prohibitions and restrictions contained in this title, it shall be lawful for an industry member or affiliate to have a direct or indirect financial interest in another industry member or a retailer, and for a retailer or affiliate to have a direct or indirect financial interest in an industry member unless such interest has resulted or is more likely than not to result in undue influence over the retailer or the industry member or has resulted or is more likely than not to result in an adverse impact on public health and safety.  The structure of any such financial interest must be consistent with subsection (2) of this section.

      (2) Subject to subsection (1) of this section and except as provided in RCW 66.28.295:

      (a) An industry member in whose name a license or certificate of approval has been issued pursuant to this title may wholly own or hold a financial interest in a separate legal entity licensed pursuant to RCW 66.24.320 through 66.24.570 and section 1 of this act, but may not have such a license issued in its name; and

      (b) A retailer in whose name a license has been issued pursuant to this title may wholly own or hold a financial interest in a separate legal entity licensed or holding a certificate of approval pursuant to RCW 66.24.170, 66.24.206, 66.24.240, 66.24.244, 66.24.270(2), 66.24.200, or 66.24.250, but may not have such a license or certificate of approval issued in its name; and

      (c) A supplier in whose name a license or certificate of approval has been issued pursuant to this title may wholly own or hold a financial interest in a separate legal entity licensed as a distributor or importer under this title, but such supplier may not have a license as a distributor or importer issued in its own name; and

      (d) A distributor or importer in whose name a license has been issued pursuant to this title may wholly own or hold a financial interest in a separate legal entity licensed or holding a certificate of approval as a supplier under this title, but such distributor or importer may not have a license or certificate of approval as a supplier issued in its own name."

      Renumber the remaining sections consecutively and correct any internal references accordingly.

      Correct the title.

and the same are herewith transmitted.

BARBARA BAKER, Chief Clerk

MOTION

Senator Kohl-Welles moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5156.

      Senator Kohl-Welles spoke in favor of the motion.

The President declared the question before the Senate to be the motion by Senator Kohl-Welles that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5156.

The motion by Senator Kohl-Welles carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5156 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5156, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5156, as amended by the House, and the bill passed the Senate by the following vote:  Yeas, 42; Nays, 6; Absent, 0; Excused, 1.

      Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Eide, Ericksen, Fain, Fraser, Harper, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Parlette, Pflug, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom, White and Zarelli

      Voting nay: Senators Hargrove, Haugen, Holmquist Newbry, Morton, Prentice and Pridemore

      Excused: Senator Delvin

SUBSTITUTE SENATE BILL NO. 5156, 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

April 12, 2011

MR. PRESIDENT:

The House passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5457 with the following amendment(s): 5457-S.E AMH CARL MUNN 358

0)On page 2, line 19, after "a" strike "two-thirds"

and the same are herewith transmitted.

BARBARA BAKER, Chief Clerk

MOTION

Senator Haugen moved that the Senate refuse to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5457 and request of the House a conference thereon.

Senator Haugen spoke in favor of the motion.

The President declared the question before the Senate to be motion by Senator Haugen that the Senate refuse to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5457 and request a conference thereon.

The motion by Senator Haugen carried and the Senate refused to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5457 and requested of the House a conference thereon by voice vote.

APPOINTMENT OF CONFERENCE COMMITTEE

The President appointed as members of the Conference Committee on Engrossed Substitute Senate Bill No. 5457 and the House amendment(s) thereto: Senators Haugen, King and White.

MOTION

On motion of Senator Eide, the appointments to the conference committee were confirmed.

MOTION

On motion of Senator Eide, Senator Ranker was excused.

MESSAGE FROM THE HOUSE

April 7, 2011

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 5203 with the following amendment(s): 5203-S AMH PSEP H2233.1

0)Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 4.24.550 and 2008 c 98 s 1 are each amended to read as follows:

      (1) In addition to the disclosure under subsection (5) of this section, public agencies are authorized to release information to the public regarding sex offenders and kidnapping offenders when the agency determines that disclosure of the information is relevant and necessary to protect the public and counteract the danger created by the particular offender.  This authorization applies to information regarding:  (a) Any person adjudicated or convicted of a sex offense as defined in RCW ((9A.44.130)) 9A.44.128 or a kidnapping offense as defined by RCW ((9A.44.130)) 9A.44.128; (b) any person under the jurisdiction of the indeterminate sentence review board as the result of a sex offense or kidnapping offense; (c) any person committed as a sexually violent predator under chapter 71.09 RCW or as a sexual psychopath under chapter 71.06 RCW; (d) any person found not guilty of a sex offense or kidnapping offense by reason of insanity under chapter 10.77 RCW; and (e) any person found incompetent to stand trial for a sex offense or kidnapping offense and subsequently committed under chapter 71.05 or 71.34 RCW.

      (2) Except for the information specifically required under subsection (5) of this section, the extent of the public disclosure of relevant and necessary information shall be rationally related to:  (a) The level of risk posed by the offender to the community; (b) the locations where the offender resides, expects to reside, or is regularly found; and (c) the needs of the affected community members for information to enhance their individual and collective safety.

      (3) Except for the information specifically required under subsection (5) of this section, local law enforcement agencies shall consider the following guidelines in determining the extent of a public disclosure made under this section:  (a) For offenders classified as risk level I, the agency shall share information with other appropriate law enforcement agencies and, if the offender is a student, the public or private school regulated under Title 28A RCW or chapter 72.40 RCW which the offender is attending, or planning to attend.  The agency may disclose, upon request, relevant, necessary, and accurate information to any victim or witness to the offense and to any individual community member who lives near the residence where the offender resides, expects to reside, or is regularly found; (b) for offenders classified as risk level II, the agency may also disclose relevant, necessary, and accurate information to public and private schools, child day care centers, family day care providers, public libraries, businesses and organizations that serve primarily children, women, or vulnerable adults, and neighbors and community groups near the residence where the offender resides, expects to reside, or is regularly found; (c) for offenders classified as risk level III, the agency may also disclose relevant, necessary, and accurate information to the public at large; and (d) because more localized notification is not feasible and homeless and transient offenders may present unique risks to the community, the agency may also disclose relevant, necessary, and accurate information to the public at large for offenders registered as homeless or transient.

      (4) The county sheriff with whom an offender classified as risk level III is registered shall cause to be published by legal notice, advertising, or news release a sex offender community notification that conforms to the guidelines established under RCW 4.24.5501 in at least one legal newspaper with general circulation in the area of the sex offender's registered address or location.  ((The county sheriff shall also cause to be published consistent with this subsection a current list of level III registered sex offenders, twice yearly.))  Unless the information is posted on the web site described in subsection (5) of this section, this list shall be maintained by the county sheriff on a publicly accessible web site and shall be updated at least once per month.

      (5)(a) When funded by federal grants or other sources, the Washington association of sheriffs and police chiefs shall create and maintain a statewide registered kidnapping and sex offender web site, which shall be available to the public.  The web site shall post all level III and level II registered sex offenders, level I registered sex offenders during the time they are out of compliance with registration requirements under RCW 9A.44.130, and all registered kidnapping offenders in the state of Washington.

      (i) For level III offenders, the web site shall contain, but is not limited to, the registered sex offender's name, relevant criminal convictions, address by hundred block, physical description, and photograph.  The web site shall provide mapping capabilities that display the sex offender's address by hundred block on a map.  The web site shall allow citizens to search for registered sex offenders within the state of Washington by county, city, zip code, last name, ((type of conviction,)) and address by hundred block.

      (ii) For level II offenders, and level I sex offenders during the time they are out of compliance with registration requirements under RCW 9A.44.130, the web site shall contain, but is not limited to, the same information and functionality as described in (a)(i) of this subsection, provided that it is permissible under state and federal law.  If it is not permissible, the web site shall be limited to the information and functionality that is permissible under state and federal law.

      (iii) For kidnapping offenders, the web site shall contain, but is not limited to, the same information and functionality as described in (a)(i) of this subsection, provided that it is permissible under state and federal law.  If it is not permissible, the web site shall be limited to the information and functionality that is permissible under state and federal law.

      (b) Until the implementation of (a) of this subsection, the Washington association of sheriffs and police chiefs shall create a web site available to the public that provides electronic links to county- operated web sites that offer sex offender registration information.

      (6) Local law enforcement agencies that disseminate information pursuant to this section shall:  (a) Review available risk level classifications made by the department of corrections, the department of social and health services, and the indeterminate sentence review board; (b) assign risk level classifications to all offenders about whom information will be disseminated; and (c) make a good faith effort to notify the public and residents ((at least fourteen days before the offender is released from confinement or, where an offender moves from another jurisdiction, as soon as possible after the agency learns of the offender's move, except that in no case may this notification provision be construed to require an extension of an offender's release date)) within a reasonable period of time after the offender registers with the agency.  The juvenile court shall provide local law enforcement officials with all relevant information on offenders allowed to remain in the community in a timely manner.

      (7) An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470, or units of local government and its employees, as provided in RCW 36.28A.010, are immune from civil liability for damages for any discretionary risk level classification decisions or release of relevant and necessary information, unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith.  The immunity in this section applies to risk level classification decisions and the release of relevant and necessary information regarding any individual for whom disclosure is authorized.  The decision of a local law enforcement agency or official to classify an offender to a risk level other than the one assigned by the department of corrections, the department of social and health services, or the indeterminate sentence review board, or the release of any relevant and necessary information based on that different classification shall not, by itself, be considered gross negligence or bad faith.  The immunity provided under this section applies to the release of relevant and necessary information to other public officials, public employees, or public agencies, and to the general public.

      (8) Except as may otherwise be provided by law, nothing in this section shall impose any liability upon a public official, public employee, or public agency for failing to release information authorized under this section.

      (9) Nothing in this section implies that information regarding persons designated in subsection (1) of this section is confidential except as may otherwise be provided by law.

      (10) When a local law enforcement agency or official classifies an offender differently than the offender is classified by the end of sentence review committee or the department of social and health services at the time of the offender's release from confinement, the law enforcement agency or official shall notify the end of sentence review committee or the department of social and health services and submit its reasons supporting the change in classification.  ((Upon implementation of subsection (5)(a) of this section, notification of the change shall also be sent to the Washington association of sheriffs and police chiefs.))

Sec. 2. RCW 9A.44.128 and 2010 c 267 s 1 are each amended to read as follows:

      For the purposes of RCW 9A.44.130 through 9A.44.145, 10.01.200, 43.43.540, 70.48.470, and 72.09.330, the following definitions apply:

      (1) "Business day" means any day other than Saturday, Sunday, or a legal local, state, or federal holiday.

      (2) "Conviction" means any adult conviction or juvenile adjudication for a sex offense or kidnapping offense.

      (3) "Disqualifying offense" means a conviction for:  Any offense that is a felony; a sex offense as defined in this section; a crime against children or persons as defined in RCW 43.43.830(5) and 9.94A.411(2)(a); an offense with a domestic violence designation as provided in RCW 10.99.020; permitting the commercial sexual abuse of a minor as defined in RCW 9.68A.103; or any violation of chapter 9A.88 RCW.

      (4) "Employed" or "carries on a vocation" means employment that is full time or part time for a period of time exceeding fourteen days, or for an aggregate period of time exceeding thirty days during any calendar year.  A person is employed or carries on a vocation whether the person's employment is financially compensated, volunteered, or for the purpose of government or educational benefit.

      (5) "Fixed residence" means a building that a person lawfully and habitually uses as living quarters a majority of the week.  Uses as living quarters means to conduct activities consistent with the common understanding of residing, such as sleeping; eating; keeping personal belongings; receiving mail; and paying utilities, rent, or mortgage.  A nonpermanent structure including, but not limited to, a motor home, travel trailer, camper, or boat may qualify as a residence provided it is lawfully and habitually used as living quarters a majority of the week, primarily kept at one location with a physical address, and the location it is kept at is either owned or rented by the person or used by the person with the permission of the owner or renter.  A shelter program may qualify as a residence provided it is a shelter program designed to provide temporary living accommodations for the homeless, provides an offender with a personally assigned living space, and the offender is permitted to store belongings in the living space.
      (6) "In the community" means residing outside of confinement or incarceration for a disqualifying offense.
      (7) "Institution of higher education" means any public or private institution dedicated to postsecondary education, including any college, university, community college, trade, or professional school.
      (8) "Kidnapping offense" means:

      (a) The crimes of kidnapping in the first degree, kidnapping in the second degree, and unlawful imprisonment, as defined in chapter 9A.40 RCW, where the victim is a minor and the offender is not the minor's parent;

      (b) Any offense that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a kidnapping offense under this subsection; and

      (c) Any federal or out-of-state conviction for:  An offense for which the person would be required to register as a kidnapping offender ((while)) if residing in the state of conviction; or, if not required to register in the state of conviction, an offense that under the laws of this state would be classified as a kidnapping offense under this subsection((, unless a court in the person's state of conviction has made an individualized determination that the person should not be required to register)).

      (((6))) (9) "Lacks a fixed residence" means the person does not have a living situation that meets the definition of a fixed residence and includes, but is not limited to, a shelter program designed to provide temporary living accommodations for the homeless, an outdoor sleeping location, or locations where the person does not have permission to stay.
      (10) "Sex offense" means:

      (a) Any offense defined as a sex offense by RCW 9.94A.030;

      (b) Any violation under RCW 9A.44.096 (sexual misconduct with a minor in the second degree);

      (c) Any violation under RCW 9.68A.090 (communication with a minor for immoral purposes);

      (d) Any gross misdemeanor that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a sex offense under RCW 9.94A.030 or this subsection;
      (e) Any ((federal or)) out-of-state conviction for((:)) an offense for which the person would be required to register as a sex offender while residing in the state of conviction; or, if not required to register in the state of conviction, an offense that under the laws of this state would be classified as a sex offense under this subsection((, unless a court in the person's state of conviction has made an individualized determination that the person should not be required to register; and
      (e) Any gross misdemeanor that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a sex offense under RCW 9.94A.030 or this subsection));
      (f) Any federal conviction classified as a sex offense under 42 U.S.C. Sec. 16911 (SORNA);
      (g) Any military conviction for a sex offense.  This includes sex offenses under the uniform code of military justice, as specified by the United States secretary of defense;
      (h) Any conviction in a foreign country for a sex offense if it was obtained with sufficient safeguards for fundamental fairness and due process for the accused under guidelines or regulations established pursuant to 42 U.S.C. Sec. 16912.

      (((7))) (11) "School" means a public or private school regulated under Title 28A RCW or chapter 72.40 RCW.
(12) "Student" means a person who is enrolled, on a full-time or part-time basis, in any ((public or private educational institution.  An educational institution includes any secondary school, trade or professional institution,)) school or institution of higher education.

Sec. 3. RCW 9A.44.130 and 2010 c 267 s 2 and 2010 c 265 s 1 are each reenacted and amended to read as follows:

      (1)(a) Any adult or juvenile residing whether or not the person has a fixed residence, or who is a student, is employed, or carries on a vocation in this state who has been found to have committed or has been convicted of any sex offense or kidnapping offense, or who has been found not guilty by reason of insanity under chapter 10.77 RCW of committing any sex offense or kidnapping offense, shall register with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation, or as otherwise specified in this section.  When a person required to register under this section is in custody of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility as a result of a sex offense or kidnapping offense, the person shall also register at the time of release from custody with an official designated by the agency that has jurisdiction over the person.

      (b) Any adult or juvenile who is required to register under (a) of this subsection must give notice to the county sheriff of the county with whom the person is registered within three business days:

(i) Prior to arriving at a school or institution of higher education to attend classes;
      (ii) Prior to starting work at an institution of higher education; or
      (iii) After any termination of enrollment or employment at a school or institution of higher education.

      (((i) Who is attending, or planning to attend, a public or private school regulated under Title 28A RCW or chapter 72.40 RCW shall, within three business days prior to arriving at the school to attend classes, notify the sheriff for the county of the person's residence of the person's intent to attend the school, and the sheriff shall promptly notify the principal of the school;
      (ii) Who is admitted to a public or private institution of higher education shall, within three business days prior to arriving at the institution, notify the sheriff for the county of the person's residence of the person's intent to attend the institution;
      (iii) Who gains employment at a public or private institution of higher education shall, within three business days prior to commencing work at the institution, notify the sheriff for the county of the person's residence of the person's employment by the institution; or
      (iv) Whose enrollment or employment at a public or private institution of higher education is terminated shall, within three business days of such termination, notify the sheriff for the county of the person's residence of the person's termination of enrollment or employment at the institution.
      (c) The sheriff shall notify the school's principal or institution's department of public safety and shall provide that department with the same information provided to a county sheriff under subsection (3) of this section.
      (d)(i) A principal receiving notice under this subsection must disclose the information received from the sheriff under (b) of this subsection as follows:
      (A) If the student who is required to register as a sex offender is classified as a risk level II or III, the principal shall provide the information received to every teacher of any student required to register under (a) of this subsection and to any other personnel who, in the judgment of the principal, supervises the student or for security purposes should be aware of the student's record;
      (B) If the student who is required to register as a sex offender is classified as a risk level I, the principal shall provide the information received only to personnel who, in the judgment of the principal, for security purposes should be aware of the student's record.
      (ii) Any information received by a principal or school personnel under this subsection is confidential and may not be further disseminated except as provided in RCW 28A.225.330, other statutes or case law, and the family and educational and privacy rights act of 1994, 20 U.S.C. Sec. 1232g et seq.
      (2) This section may not be construed to confer any powers pursuant to RCW 4.24.550 upon the public safety department of any public or private school or institution of higher education.
      (3))) (2)(a) ((The)) A person ((shall)) required to register under this section must provide the following information when registering:  (i) Name and any aliases used; (ii) complete and accurate residential address or, if the person lacks a fixed residence, where he or she plans to stay; (iii) date and place of birth; (iv) place of employment; (v) crime for which convicted; (vi) date and place of conviction; (vii) ((aliases used; (viii))) social security number; (((ix))) (viii) photograph; and (((x))) (ix) fingerprints.

      (b) ((Any)) A person ((who lacks a fixed residence shall provide the following information when registering:  (i) Name; (ii) date and place of birth; (iii) place of employment; (iv) crime for which convicted; (v) date and place of conviction; (vi) aliases used; (vii) social security number; (viii) photograph; (ix) fingerprints; and (x) where he or she plans to stay)) may be required to update any of the information required in this subsection in conjunction with any address verification conducted by the county sheriff or as part of any notice required by this section.

(c) A photograph or copy of an individual's fingerprints may be taken at any time to update an individual's file.

      (((4))) (3)(a) Offenders shall register with the county sheriff within the following deadlines:

      (i) OFFENDERS IN CUSTODY.  (A) Sex offenders who committed a sex offense on, before, or after February 28, 1990, and who, on or after July 28, 1991, are in custody, as a result of that offense, of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility, and (B) kidnapping offenders who on or after July 27, 1997, are in custody of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility, must register at the time of release from custody with an official designated by the agency that has jurisdiction over the offender.  The agency shall within three days forward the registration information to the county sheriff for the county of the offender's anticipated residence.  The offender must also register within three business days from the time of release with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation.  The agency that has jurisdiction over the offender shall provide notice to the offender of the duty to register. 

      When the agency with jurisdiction intends to release an offender with a duty to register under this section, and the agency has knowledge that the offender is eligible for developmental disability services from the department of social and health services, the agency shall notify the division of developmental disabilities of the release.  Notice shall occur not more than thirty days before the offender is to be released.  The agency and the division shall assist the offender in meeting the initial registration requirement under this section.  Failure to provide such assistance shall not constitute a defense for any violation of this section.

      (ii) OFFENDERS NOT IN CUSTODY BUT UNDER STATE OR LOCAL JURISDICTION.  Sex offenders who, on July 28, 1991, are not in custody but are under the jurisdiction of the indeterminate sentence review board or under the department of corrections' active supervision, as defined by the department of corrections, the state department of social and health services, or a local division of youth services, for sex offenses committed before, on, or after February 28, 1990, must register within ten days of July 28, 1991.  Kidnapping offenders who, on July 27, 1997, are not in custody but are under the jurisdiction of the indeterminate sentence review board or under the department of corrections' active supervision, as defined by the department of corrections, the state department of social and health services, or a local division of youth services, for kidnapping offenses committed before, on, or after July 27, 1997, must register within ten days of July 27, 1997.  A change in supervision status of a sex offender who was required to register under this subsection (((4))) (3)(a)(ii) as of July 28, 1991, or a kidnapping offender required to register as of July 27, 1997, shall not relieve the offender of the duty to register or to reregister following a change in residence. 

      (iii) OFFENDERS UNDER FEDERAL JURISDICTION.  Sex offenders who, on or after July 23, 1995, and kidnapping offenders who, on or after July 27, 1997, as a result of that offense are in the custody of the United States bureau of prisons or other federal or military correctional agency for sex offenses committed before, on, or after February 28, 1990, or kidnapping offenses committed on, before, or after July 27, 1997, must register within three business days from the time of release with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation.  Sex offenders who, on July 23, 1995, are not in custody but are under the jurisdiction of the United States bureau of prisons, United States courts, United States parole commission, or military parole board for sex offenses committed before, on, or after February 28, 1990, must register within ten days of July 23, 1995.  Kidnapping offenders who, on July 27, 1997, are not in custody but are under the jurisdiction of the United States bureau of prisons, United States courts, United States parole commission, or military parole board for kidnapping offenses committed before, on, or after July 27, 1997, must register within ten days of July 27, 1997.  A change in supervision status of a sex offender who was required to register under this subsection (((4))) (3)(a)(iii) as of July 23, 1995, or a kidnapping offender required to register as of July 27, 1997 shall not relieve the offender of the duty to register or to reregister following a change in residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. 

      (iv) OFFENDERS WHO ARE CONVICTED BUT NOT CONFINED.  Sex offenders who are convicted of a sex offense on or after July 28, 1991, for a sex offense that was committed on or after February 28, 1990, and kidnapping offenders who are convicted on or after July 27, 1997, for a kidnapping offense that was committed on or after July 27, 1997, but who are not sentenced to serve a term of confinement immediately upon sentencing, shall report to the county sheriff to register within three business days of being sentenced.

      (v) OFFENDERS WHO ARE NEW RESIDENTS OR RETURNING WASHINGTON RESIDENTS.  Sex offenders and kidnapping offenders who move to Washington state from another state or a foreign country that are not under the jurisdiction of the state department of corrections, the indeterminate sentence review board, or the state department of social and health services at the time of moving to Washington, must register within three business days of establishing residence or reestablishing residence if the person is a former Washington resident.  The duty to register under this subsection applies to sex offenders convicted under the laws of another state or a foreign country, federal or military statutes for offenses committed before, on, or after February 28, 1990, or Washington state for offenses committed before, on, or after February 28, 1990, and to kidnapping offenders convicted under the laws of another state or a foreign country, federal or military statutes, or Washington state for offenses committed before, on, or after July 27, 1997.  Sex offenders and kidnapping offenders from other states or a foreign country who, when they move to Washington, are under the jurisdiction of the department of corrections, the indeterminate sentence review board, or the department of social and health services must register within three business days of moving to Washington.  The agency that has jurisdiction over the offender shall notify the offender of the registration requirements before the offender moves to Washington.

      (vi) OFFENDERS FOUND NOT GUILTY BY REASON OF INSANITY.  Any adult or juvenile who has been found not guilty by reason of insanity under chapter 10.77 RCW of (A) committing a sex offense on, before, or after February 28, 1990, and who, on or after July 23, 1995, is in custody, as a result of that finding, of the state department of social and health services, or (B) committing a kidnapping offense on, before, or after July 27, 1997, and who on or after July 27, 1997, is in custody, as a result of that finding, of the state department of social and health services, must register within three business days from the time of release with the county sheriff for the county of the person's residence.  The state department of social and health services shall provide notice to the adult or juvenile in its custody of the duty to register.  Any adult or juvenile who has been found not guilty by reason of insanity of committing a sex offense on, before, or after February 28, 1990, but who was released before July 23, 1995, or any adult or juvenile who has been found not guilty by reason of insanity of committing a kidnapping offense but who was released before July 27, 1997, shall be required to register within three business days of receiving notice of this registration requirement. 

      (vii) OFFENDERS WHO LACK A FIXED RESIDENCE.  Any person who lacks a fixed residence and leaves the county in which he or she is registered and enters and remains within a new county for twenty-four hours is required to register with the county sheriff not more than three business days after entering the county and provide the information required in subsection (((3)(b))) (2)(a) of this section.

      (viii) OFFENDERS WHO LACK A FIXED RESIDENCE AND WHO ARE UNDER SUPERVISION.  Offenders who lack a fixed residence and who are under the supervision of the department shall register in the county of their supervision.

      (ix) OFFENDERS WHO MOVE TO, WORK, CARRY ON A VOCATION, OR ATTEND SCHOOL IN ANOTHER STATE.  Offenders required to register in Washington, who move to another state, or who work, carry on a vocation, or attend school in another state shall register a new address, fingerprints, and photograph with the new state within three business days after establishing residence, or after beginning to work, carry on a vocation, or attend school in the new state.  The person must also send written notice within three business days of moving to the new state or to a foreign country to the county sheriff with whom the person last registered in Washington state.  The county sheriff shall promptly forward this information to the Washington state patrol.

      (b) The county sheriff shall not be required to determine whether the person is living within the county.

      (c) An arrest on charges of failure to register, service of an information, or a complaint for a violation of RCW 9A.44.132, or arraignment on charges for a violation of RCW 9A.44.132, constitutes actual notice of the duty to register.  Any person charged with the crime of failure to register under RCW 9A.44.132 who asserts as a defense the lack of notice of the duty to register shall register within three business days following actual notice of the duty through arrest, service, or arraignment.  Failure to register as required under this subsection (((4))) (3)(c) constitutes grounds for filing another charge of failing to register.  Registering following arrest, service, or arraignment on charges shall not relieve the offender from criminal liability for failure to register prior to the filing of the original charge.

      (d) The deadlines for the duty to register under this section do not relieve any sex offender of the duty to register under this section as it existed prior to July 28, 1991.

      (((5))) (4)(a) If any person required to register pursuant to this section changes his or her residence address within the same county, the person must provide, by certified mail, with return receipt requested or in person, signed written notice of the change of address to the county sheriff within three business days of moving.

      (b) If any person required to register pursuant to this section moves to a new county, the person must register with that county sheriff within three business days of moving.  Within three business days, the person must also provide, by certified mail, with return receipt requested or in person, signed written notice of the change of address in the new county to the county sheriff with whom the person last registered.  The county sheriff with whom the person last registered shall promptly forward the information concerning the change of address to the county sheriff for the county of the person's new residence.  Upon receipt of notice of change of address to a new state, the county sheriff shall promptly forward the information regarding the change of address to the agency designated by the new state as the state's offender registration agency.

      (((6))) (5)(a) Any person required to register under this section who lacks a fixed residence shall provide signed written notice to the sheriff of the county where he or she last registered within three business days after ceasing to have a fixed residence.  The notice shall include the information required by subsection (((3)(b))) (2)(a) of this section, except the photograph and fingerprints.  The county sheriff may, for reasonable cause, require the offender to provide a photograph and fingerprints.  The sheriff shall forward this information to the sheriff of the county in which the person intends to reside, if the person intends to reside in another county.

      (b) A person who lacks a fixed residence must report weekly, in person, to the sheriff of the county where he or she is registered.  The weekly report shall be on a day specified by the county sheriff's office, and shall occur during normal business hours.  The person must keep an accurate accounting of where he or she stays during the week and provide it to the county sheriff upon request.  The lack of a fixed residence is a factor that may be considered in determining an offender's risk level and shall make the offender subject to disclosure of information to the public at large pursuant to RCW 4.24.550.

      (c) If any person required to register pursuant to this section does not have a fixed residence, it is an affirmative defense to the charge of failure to register, that he or she provided written notice to the sheriff of the county where he or she last registered within three business days of ceasing to have a fixed residence and has subsequently complied with the requirements of subsections (((4))) (3)(a)(vii) or (viii) and (((6))) (5) of this section.  To prevail, the person must prove the defense by a preponderance of the evidence.

      (((7))) (6) A sex offender subject to registration requirements under this section who applies to change his or her name under RCW 4.24.130 or any other law shall submit a copy of the application to the county sheriff of the county of the person's residence and to the state patrol not fewer than five days before the entry of an order granting the name change.  No sex offender under the requirement to register under this section at the time of application shall be granted an order changing his or her name if the court finds that doing so will interfere with legitimate law enforcement interests, except that no order shall be denied when the name change is requested for religious or legitimate cultural reasons or in recognition of marriage or dissolution of marriage.  A sex offender under the requirement to register under this section who receives an order changing his or her name shall submit a copy of the order to the county sheriff of the county of the person's residence and to the state patrol within three business days of the entry of the order.

      (((8) The county sheriff shall obtain a photograph of the individual and shall obtain a copy of the individual's fingerprints.  A photograph may be taken at any time to update an individual's file.
      (9))) (7) Except as may otherwise be provided by law, nothing in this section shall impose any liability upon a peace officer, including a county sheriff, or law enforcement agency, for failing to release information authorized under this section.

NEW SECTION.  Sec. 4. A new section is added to chapter 9A.44 RCW to read as follows:

      (1) Upon receiving notice from a registered person pursuant to RCW 9A.44.130 that the person will be attending a school or institution of higher education or will be employed with an institution of higher education, the sheriff must promptly notify the school district and the school principal or institution's department of public safety and shall provide that school or department with the person's:  (a) Name and any aliases used; (b) complete residential address; (c) date and place of birth; (d) place of employment; (e) crime for which convicted; (f) date and place of conviction; (g) social security number; (h) photograph; and (i) risk level classification.

      (2) A principal or department receiving notice under this subsection must disclose the information received from the sheriff as follows:

      (a) If the student is classified as a risk level II or III, the principal shall provide the information received to every teacher of the student and to any other personnel who, in the judgment of the principal, supervises the student or for security purposes should be aware of the student's record;

      (b) If the student is classified as a risk level I, the principal or department shall provide the information received only to personnel who, in the judgment of the principal or department, for security purposes should be aware of the student's record.

      (3) The sheriff shall notify the applicable school district and school principal or institution's department of public safety whenever a student's risk level classification is changed or the sheriff is notified of a change in the student's address.

      (4) Any information received by school or institution personnel under this subsection is confidential and may not be further disseminated except as provided in RCW 28A.225.330, other statutes or case law, and the family and educational and privacy rights act of 1994, 20 U.S.C. Sec. 1232g et seq.

Sec. 5. RCW 9A.44.132 and 2010 c 267 s 3 are each amended to read as follows:

      (1) A person commits the crime of failure to register as a sex offender if the person has a duty to register under RCW 9A.44.130 for a felony sex offense ((as defined in that section)) and knowingly fails to comply with any of the requirements of RCW 9A.44.130.

      (a) ((Except as provided in (b) of this subsection,)) The failure to register as a sex offender pursuant to this subsection is a class C felony if:
(i) It is the person's first conviction for a felony failure to register; or
(ii) The person has previously been convicted of a felony failure to register as a sex offender in this state or pursuant to the laws of another state.

      (b) If a person has been convicted ((in this state)) of a felony failure to register as a sex offender in this state or pursuant to the laws of another state on two or more prior occasions, the failure to register under this subsection is a class B felony.

      (2) A person is guilty of failure to register as a sex offender if the person has a duty to register under RCW 9A.44.130 for a sex offense other than a felony and knowingly fails to comply with any of the requirements of RCW 9A.44.130.  The failure to register as a sex offender under this subsection is a gross misdemeanor.

      (3) A person commits the crime of failure to register as a kidnapping offender if the person has a duty to register under RCW 9A.44.130 for a kidnapping offense and knowingly fails to comply with any of the requirements of RCW 9A.44.130.

      (a) If the person has a duty to register for a felony kidnapping offense, the failure to register as a kidnapping offender is a class C felony.

      (b) If the person has a duty to register for a kidnapping offense other than a felony, the failure to register as a kidnapping offender is a gross misdemeanor.

      (4) Unless relieved of the duty to register pursuant to RCW 9A.44.141 and 9A.44.142, a violation of this section is an ongoing offense for purposes of the statute of limitations under RCW 9A.04.080.

Sec. 6. RCW 9A.44.141 and 2010 c 267 s 5 are each amended to read as follows:

      (1) Upon the request of a person who is listed in the Washington state patrol central registry of sex offenders and kidnapping offenders, the county sheriff shall investigate whether a person's duty to register has ended by operation of law pursuant to RCW 9A.44.140.

      (a) Using available records, the county sheriff shall verify that the offender has spent the requisite time in the community and has not been convicted of a disqualifying offense.

      (b) If the county sheriff determines the person's duty to register has ended by operation of law, the county sheriff shall request the Washington state patrol remove the person's name from the central registry.

      (2) Nothing in this subsection prevents a county sheriff from investigating, upon his or her own initiative, whether a person's duty to register has ended by operation of law pursuant to RCW 9A.44.140.

      (3)(a) A person who is listed in the central registry as the result of a federal or out-of-state conviction may request the county sheriff to investigate whether the person should be removed from the registry if:
      (i) A court in the person's state of conviction has made an individualized determination that the person should not be required to register; and
      (ii) The person provides proof of relief from registration to the county sheriff.
      (b) If the county sheriff determines the person has been relieved of the duty to register in his or her state of conviction, the county sheriff shall request the Washington state patrol remove the person's name from the central registry.
      (4) An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470, or units of local government and its employees, as provided in RCW 36.28A.010, are immune from civil liability for damages for removing or requesting the removal of a person from the central registry of sex offenders and kidnapping offenders or the failure to remove or request removal of a person within the time frames provided in RCW 9A.44.140.

Sec. 7. RCW 9A.44.142 and 2010 c 267 s 6 are each amended to read as follows:

      (1) A person who is required to register under RCW 9A.44.130 may petition the superior court to be relieved of the duty to register:

      (a) If the person has a duty to register for a sex offense or kidnapping offense committed when the offender was a juvenile, regardless of whether the conviction was in this state, as provided in RCW 9A.44.143;

      (b) If the person is required to register for a conviction in this state and is not prohibited from petitioning for relief from registration under subsection (2) of this section, when the person has spent ten consecutive years in the community without being convicted of a disqualifying offense during that time period; ((and)) or

      (c) If the person is required to register for a federal or out-of- state conviction, when the person has spent fifteen consecutive years in the community without being convicted of a disqualifying offense during that time period.

      (2)(a) A person may not petition for relief from registration if the person has been:

      (i) Determined to be a sexually violent predator as defined in RCW 71.09.020;

      (ii) Convicted as an adult of a sex offense or kidnapping offense that is a class A felony and that was committed with forcible compulsion on or after June 8, 2000; or

      (iii) Until July 1, 2012, convicted of one aggravated offense or more than one sexually violent offense, as defined in subsection (5) of this section, and the offense or offenses were committed on or after March 12, 2002.  After July 1, 2012, this subsection (2)(a)(iii) shall have no further force and effect.

       (b) Any person who may not be relieved of the duty to register may petition the court to be exempted from any community notification requirements that the person may be subject to fifteen years after the later of the entry of the judgment and sentence or the last date of release from confinement, including full-time residential treatment, pursuant to the conviction, if the person has spent the time in the community without being convicted of a disqualifying offense.

      (3) A petition for relief from registration or exemption from notification under this section shall be made to the court in which the petitioner was convicted of the offense that subjects him or her to the duty to register or, in the case of convictions in other states, a foreign country, or a federal or military court, to the court in ((Thurston)) the county where the person is registered at the time the petition is sought.  The prosecuting attorney of the county shall be named and served as the respondent in any such petition.

      (4)(a) The court may relieve a petitioner of the duty to register only if the petitioner shows by clear and convincing evidence that the petitioner is sufficiently rehabilitated to warrant removal from the central registry of sex offenders and kidnapping offenders.

      (b) In determining whether the petitioner is sufficiently rehabilitated to warrant removal from the registry, the following factors are provided as guidance to assist the court in making its determination:

      (i) The nature of the registrable offense committed including the number of victims and the length of the offense history;

      (ii) Any subsequent criminal history;

      (iii) The petitioner's compliance with supervision requirements;

      (iv) The length of time since the charged incident(s) occurred;

      (v) Any input from community corrections officers, law enforcement, or treatment providers;

      (vi) Participation in sex offender treatment;

      (vii) Participation in other treatment and rehabilitative programs;

      (viii) The offender's stability in employment and housing;

      (ix) The offender's community and personal support system;

      (x) Any risk assessments or evaluations prepared by a qualified professional;

      (xi) Any updated polygraph examination;

      (xii) Any input of the victim;

      (xiii) Any other factors the court may consider relevant.

      (5)(a) A person who has been convicted of an aggravated offense, or has been convicted of one or more prior sexually violent offenses or criminal offenses against a victim who is a minor, as defined in (b) of this subsection:

      (i) Until July 1, 2012, may not be relieved of the duty to register;

      (ii) After July 1, 2012, may petition the court to be relieved of the duty to register as provided in this section;

      (iii) This provision shall apply to convictions for crimes committed on or after July 22, 2001.

      (b) Unless the context clearly requires otherwise, the following definitions apply only to the federal lifetime registration requirements under this subsection:

      (i) "Aggravated offense" means an adult conviction that meets the definition of 18 U.S.C. Sec. 2241, which is limited to the following:

      (A) Any sex offense involving sexual intercourse or sexual contact where the victim is under twelve years of age;

      (B) RCW 9A.44.040 (rape in the first degree), RCW 9A.44.073 (rape of a child in the first degree), or RCW 9A.44.083 (child molestation in the first degree);

      (C) Any of the following offenses when committed by forcible compulsion or by the offender administering, by threat or force or without the knowledge or permission of that person, a drug, intoxicant, or other similar substance that substantially impairs the ability of that person to appraise or control conduct:  RCW 9A.44.050 (rape in the second degree), RCW 9A.44.100 (indecent liberties), RCW 9A.44.160 (custodial sexual misconduct in the first degree), RCW 9A.64.020 (incest), or RCW 9.68A.040 (sexual exploitation of a minor);

      (D) Any of the following offenses when committed by forcible compulsion or by the offender administering, by threat or force or without the knowledge or permission of that person, a drug, intoxicant, or other similar substance that substantially impairs the ability of that person to appraise or control conduct, if the victim is twelve years of age or over but under sixteen years of age and the offender is eighteen years of age or over and is more than forty-eight months older than the victim:  RCW 9A.44.076 (rape of a child in the second degree), RCW 9A.44.079 (rape of a child in the third degree), RCW 9A.44.086 (child molestation in the second degree), or RCW 9A.44.089 (child molestation in the third degree);

      (E) A felony with a finding of sexual motivation under RCW 9.94A.835 where the victim is under twelve years of age or that is committed by forcible compulsion or by the offender administering, by threat or force or without the knowledge or permission of that person, a drug, intoxicant, or other similar substance that substantially impairs the ability of that person to appraise or control conduct;

      (F) An offense that is, under chapter 9A.28 RCW, an attempt or solicitation to commit such an offense; or

      (G) An offense defined by federal law or the laws of another state that is equivalent to the offenses listed in (b)(i)(A) through (F) of this subsection.

      (ii) "Sexually violent offense" means an adult conviction that meets the definition of 42 U.S.C. Sec. 14071(a)(1)(A), which is limited to the following:

      (A) An aggravated offense;

      (B) An offense that is not an aggravated offense but meets the definition of 18 U.S.C. Sec. 2242, which is limited to RCW 9A.44.050(1) (b) through (f) (rape in the second degree) and RCW 9A.44.100(1) (b) through (f) (indecent liberties);

      (C) A felony with a finding of sexual motivation under RCW 9.94A.835 where the victim is incapable of appraising the nature of the conduct or physically incapable of declining participation in, or communicating unwillingness to engage in, the conduct;

      (D) An offense that is, under chapter 9A.28 RCW, an attempt or solicitation to commit such an offense; or

      (E) An offense defined by federal law or the laws of another state that is equivalent to the offenses listed in (b)(ii)(A) through (D) of this subsection.

      (iii) "Criminal offense against a victim who is a minor" means, in addition to any aggravated offense or sexually violent offense where the victim was under eighteen years of age, an adult conviction for the following offenses where the victim is under eighteen years of age:

      (A) RCW 9A.44.060 (rape in the third degree), RCW 9A.44.076 (rape of a child in the second degree), RCW 9A.44.079 (rape of a child in the third degree), RCW 9A.44.086 (child molestation in the second degree), RCW 9A.44.089 (child molestation in the third degree), RCW 9A.44.093 (sexual misconduct with a minor in the first degree), RCW 9A.44.096 (sexual misconduct with a minor in the second degree), RCW 9A.44.160 (custodial sexual misconduct in the first degree), RCW 9A.64.020 (incest), RCW 9.68A.040 (sexual exploitation of a minor), RCW 9.68A.090 (communication with a minor for immoral purposes), or RCW 9.68A.100 (commercial sexual abuse of a minor);

      (B) RCW 9A.40.020 (kidnapping in the first degree), RCW 9A.40.030 (kidnapping in the second degree), or RCW 9A.40.040 (unlawful imprisonment), where the victim is a minor and the offender is not the minor's parent;

      (C) A felony with a finding of sexual motivation under RCW 9.94A.835 where the victim is a minor;

      (D) An offense that is, under chapter 9A.28 RCW, an attempt or solicitation to commit such an offense; or

      (E) An offense defined by federal law or the laws of another state that is equivalent to the offenses listed in (b)(iii)(A) through (D) of this subsection.

Sec. 8. RCW 43.43.540 and 2006 c 136 s 1 are each amended to read as follows:

(1) The county sheriff shall (((1))) forward ((the)) registration information, photographs, and fingerprints obtained pursuant to RCW 9A.44.130, including the sex offender's risk level classification and any notice of change of address, to the Washington state patrol within five working days((; and)).

      (2) Upon implementation of RCW 4.24.550(5)(a), the Washington state patrol ((will forward the information necessary to operate the registered sex offender web site described in RCW 4.24.550(5)(a) to the Washington association of sheriffs and police chiefs within five working days of receiving the information, including any notice of change of address or change in risk level notification.  The state patrol)) shall maintain a central registry of sex offenders and kidnapping offenders required to register under RCW 9A.44.130 and shall adopt rules consistent with chapters 10.97, 10.98, and 43.43 RCW as are necessary to carry out the purposes of RCW 9A.44.130, 9A.44.140, 10.01.200, 43.43.540, 46.20.187, 70.48.470, and 72.09.330.  The Washington state patrol shall reimburse the counties for the costs of processing the offender registration, including taking the offender's fingerprints and ((the)) photograph((s))."

      Correct the title.

and the same are herewith transmitted.

BARBARA BAKER, Chief Clerk

MOTION

Senator Regala moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5203.

      Senator Regala spoke in favor of the motion.

The President declared the question before the Senate to be the motion by Senator Regala that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5203.

The motion by Senator Regala carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5203 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5203, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5203, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom, White and Zarelli

      Excused: Senator Delvin

SUBSTITUTE SENATE BILL NO. 5203, 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 11:13 a.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.

AFTERNOON SESSION

The Senate was called to order at 12:26 p.m. by President Owen.

MOTION

On motion of Senator Eide, the Senate advanced to the eighth order of business.

MOTION

Senator Hewitt moved adoption of the following resolution:

SENATE RESOLUTION

8652

By Senators Delvin, Honeyford, Hewitt, and Prentice

      WHEREAS, It is the policy of the Washington State Senate to recognize and honor those individuals that have made significant contributions to the well-being of the citizens of Washington; and

      WHEREAS, Blanca Gonzalez Torres was a most noble and gracious daughter of the State of Washington, born August 16, 1970, in Pasco to Abel and Belia Gonzalez, graduating from Pasco Senior High School; and

      WHEREAS, While attending Pasco High, Blanca met the man who would be her lifelong husband and partner, Albert Torres, and, while both began from humble beginnings, their partnership would see them recognized by Presidents, elected officials, international entertainment and sports celebrities, and even a few state senators; and

      WHEREAS, Albert and Blanca Torres and Ismael and Gracie Campos cofounded Tu Decides, the Tri-Cities area's first bilingual Hispanic newspaper to serve all generations of Hispanics which now distributes throughout the state; and

      WHEREAS, Blanca and her sister Gracie, again partnered to create another small business, EXPO NorthWest, which holds annual expositions in Bellevue, Pasco, and Yakima to bring consumers and businesses from Hispanic and non-Hispanic communities together for the advantage and betterment of both; and

      WHEREAS, Blanca's slogan, "Abriendo Puertas" / "Opening Doors," was evidence of her desire to serve as an advocate not only for the Hispanic community but also to build bridges among all cultures; and

      WHEREAS, Blanca, so exemplified the servant leadership and the commitment to increased access to education valued by both Northwest University, where she was a member of the Northwest University Foundation Board, and WSU Tri-Cities, where Blanca was asked to cochair the Destination 5000 fundraising committee, that each have established scholarship programs in her name; and

      WHEREAS, Blanca will long be remembered for finding a solution when a problem cropped up, lending calmness when a situation became tense, and bringing laughter whenever it was needed; and

      WHEREAS, Blanca was also a dedicated wife, mother, daughter, sister, aunt, niece, and friend, leaving no doubt of what she truly held closest to her heart:  Her faith, her family, and her friends – who can be found in all corners of the state; and

      WHEREAS, Blanca's husband, Albert, and children, Isaiah and Ezequiel, shared Blanca with their community as she attended innumerable meetings while also working countless hours at her businesses; and

      WHEREAS, Blanca, after a sudden, brief affliction, passed away on the afternoon of August 6, 2010, a few days shy of her 40th birthday, her husband, friend and partner, Albert, by her side and surrounded by her family and friends;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate together with the people of the State of Washington mourn the untimely passing of la Señora Blanca Gonzalez Torres, a great American; and

      BE IT FURTHER RESOLVED, That the Senate convey its most sincere condolences to the family of Blanca Gonzalez Torres, and duly recognize her profound contributions to her community and, indeed, every citizen of the State of Washington and thank them for sharing her during her all-too-brief time among us; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Mr. Albert Torres, Isaiah and Ezequiel, and Señor y Señora Abel Gonzalez.

      Senators Hewitt, Prentice and Honeyford spoke in favor of adoption of the resolution.

      The President declared the question before the Senate to be the adoption of Senate Resolution No. 8652.

The motion by Senator Hewitt carried and the resolution was adopted by voice vote.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced Albert Torres, sons Isaiah and Ezequiel who were seated at the rostrum.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced the family of Blanca Terres; Abel Gonzalez, father; Belia Gonzalez, mother; sisters Gracie Campos, Erika Zink, Araceli Sanchez; Fred Fuentes, uncle; and Severa Fuentes aunt who were seated in the gallery.

PERSONAL PRIVILEGE

Senator Hewitt:  “Thank you Mr. President. I would like to mention that the family will be in the Rules Room afterwards if they’d like to stop and say hi. Thank you Mr. President.”

MOTION

At 12:37 p.m., on motion of Senator Eide, the Senate adjourned until 10:00 a.m. Monday, April 18, 2011.

BRAD OWEN, President of the Senate

THOMAS HOEMANN, Secretary of the Senate

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PRESIDENT OF THE SENATE

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WASHINGTON STATE SENATE

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