NOON SESSION
Senate Chamber, Olympia, Saturday, March 3, 2012
The Senate was called to order at 1:00 p.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present with the exception of Senator Kline.
The Sergeant at Arms Color Guard consisting of Senate Interns Gavin Kremian and Dee Sonntag, presented the Colors. Senator Morton 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 fourth order of business.
MESSAGE FROM THE HOUSE
March 2, 2012
MR. PRESIDENT:
The House has passed:
ENGROSSED SENATE BILL NO. 5159,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5188,
SUBSTITUTE SENATE BILL NO. 6041,
ENGROSSED SENATE BILL NO. 6215,
SUBSTITUTE SENATE BILL NO. 6253,
SENATE BILL NO. 6256.
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 6629 by Senator Fraser
AN ACT Relating to education requirements for family day care providers; and adding a new section to chapter 43.215 RCW.
Referred to Committee on Early Learning & K-12 Education.
MOTION
On motion of Senator Eide, the measure listed on the Introduction and First Reading report was referred to the committee as designated.
PERSONAL PRIVILEGE
Senator Eide: “Well, I just have to say that my good girlfriend Senator McAuliffe got stopped this morning, she was talking on her cell phone.”
PERSONAL PRIVILEGE
Senator Schoesler: “Mr. President, now the Minority Leader knows what car that was being stopped in the parking lot outside the Capitol.”
PERSONAL PRIVILEGE
Senator McAuliffe: “Incidentally I park right next to the car that says ‘hang up and drive’ so, I pointed to it and the State Trooper kind of chuckled a bit. He got the point, I should of known to hang up and drive.”
MOTION
At 1:11 p. m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.
The Senate was called to order at 3:26 p.m. by President Owen.
MOTION
On motion of Senator Eide, the Senate reverted to the fourth order of business.
MESSAGE FROM THE HOUSE
March 3, 2012
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. 1700,
ENGROSSED HOUSE BILL NO. 2152,
SECOND SUBSTITUTE HOUSE BILL NO. 2156,
SUBSTITUTE HOUSE BILL NO. 2177,
SUBSTITUTE HOUSE BILL NO. 2191,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2197,
SUBSTITUTE HOUSE BILL NO. 2252,
SUBSTITUTE HOUSE BILL NO. 2299,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2302,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2314,
HOUSE BILL NO. 2346,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2363,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2366,
ENGROSSED HOUSE BILL NO. 2469,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2473.
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MESSAGE FROM THE HOUSE
February 27, 2012
MR. PRESIDENT:
The House passed SUBSTITUTE SENATE BILL NO. 5217 with the following amendment(s): 5217-S AMH HE H4339.2
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that decisions made by governing boards of each respective institution greatly impact the lives of students and that student participation in the decision-making process can provide insight into the impacts of actions by trustees that are not always measurable through reports and statistics. Students are on campus every day using services and experiencing aspects of the institution that board members may only see on paper, providing a unique and valuable perspective that should not be overlooked.
Students serving on governing boards of higher education have proven effective in Washington and in over thirty other states. For over ten years students at Washington's four-year institutions of higher education have served as voting members on the board of trustees, regents, and the higher education coordinating board, providing greater depth in board deliberations and a well-educated conduit for students to voice ideas and concerns.
The student perspective at community colleges also brings the board closer to their community. Student populations at community colleges are the most diverse of any institution of higher education in the state. Being on campus and in class every day, students are exposed to a more diverse group than any member of the board representing any one group of the community.
Student positions on governing boards are also a valuable tool for developing leadership through experiential learning. Student members learn processes of institutional governance, become involved in campus projects, analyze policy proposals, and participate in board discussions and decision making.
It is the intent of the legislature to enhance community college governance by fostering a more dynamic relationship between students and institutions through the encouragement of student participation in policy development and decision making at the district and state level.
Sec. 2. RCW 28B.50.100 and 2011 c 336 s 739 are each amended to read as follows:
There is hereby created a board of trustees for each college district as set forth in this chapter. Each board of trustees shall be composed of five trustees, except as provided in section 3 of this act, who shall be appointed by the governor for terms commencing October 1st of the year in which appointed. In making such appointments the governor shall give consideration to geographical diversity, and representing labor, business, women, and racial and ethnic minorities, in the membership of the boards of trustees. The boards of trustees for districts containing technical colleges shall include at least one member from business and one member from labor.
The successors of the trustees initially appointed shall be appointed by the governor to serve for a term of five years except that any person appointed to fill a vacancy occurring prior to the expiration of any term shall be appointed only for the remainder of the term. Each member shall serve until a successor is appointed and qualified.
Every trustee shall be a resident and qualified elector of the college district. No trustee may be an employee of the community and technical college system, a member of the board of directors of any school district, or a member of the governing board of any public or private educational institution.
Each board of trustees shall organize itself by electing a chair from its members. The board shall adopt a seal and may adopt such bylaws, rules, and regulations as it deems necessary for its own government. Three members of the board shall constitute a quorum, but a lesser number may adjourn from time to time and may compel the attendance of absent members in such manner as prescribed in its bylaws, rules, or regulations. The district president, or if there be none, the president of the college, shall serve as, or may designate another person to serve as, the secretary of the board, who shall not be deemed to be a member of the board.
Members of the boards of trustees may be removed for misconduct or malfeasance in office in the manner provided by RCW 28B.10.500.
NEW SECTION. Sec. 3. A new section is added to chapter 28B.50 RCW to read as follows:
(1) Boards of trustees for each college district, by majority vote, may establish a sixth trustee that shall be filled by a student. The governor shall select each student member from a list of candidates, of at least three and not more than five, submitted by the associated student governments or their equivalent of the college district. The student member shall hold his or her office for a term of one year, beginning July 1st and ending June 30th, or until the student member's successor is appointed and qualified, whichever is later. The student member shall be a full-time student in good standing at a college within the college district at the time of appointment and throughout the student's term. If the student member fails to be enrolled at the college full-time or forfeits his or her academic standing, the student member is disqualified and a new student member must be appointed.
(2) A student appointed under this section shall excuse himself or herself from participation or voting on matters relating to the hiring, discipline, or tenure of faculty members and personnel or any other matters pertaining to collective bargaining agreements.
Sec. 4. RCW 28B.50.050 and 1991 c 238 s 30 are each amended to read as follows:
(1) There is hereby created the "state board for community and technical colleges", to consist of nine members who represent the geographic diversity of the state, and who shall be appointed by the governor, with the consent of the senate. At least two members shall reside east of the Cascade mountains. A tenth member may be added pursuant to subsection (3) of this section. In making these appointments, the governor shall attempt to provide geographic balance and give consideration to representing labor, business, women, and racial and ethnic minorities, among the membership of the board. At least one member of the board shall be from business and at least one member of the board shall be from labor. The current members of the state board for community college education on September 1, 1991, shall serve on the state board for community and technical colleges until their terms expire. Successors to these members shall be appointed according to the terms of this section. A ninth member shall be appointed by September 1, 1991, for a complete term.
(2) The successors of the members initially appointed shall be appointed for terms of four years except that a person appointed to fill a vacancy occurring prior to the expiration of any term shall be appointed only for the remainder of such term. Each member shall serve until the appointment and qualification of his or her successor. All members shall be citizens and bona fide residents of the state.
(3) By majority vote,
the board may establish a tenth board member that shall be a community or
technical college student. The student member shall be appointed by the
governor, with the consent of the senate. The student member shall hold his or
her office for a term of one year, beginning July 1st and ending June 30th, or
until the student member's successor is appointed and qualified, whichever is
later. The student member shall be enrolled at a community or technical
college for at least six credits per quarter during the academic year, and in
good standing within their college at the time of appointment and throughout
the student's term. If the student member fails to be enrolled at the college
for at least six credits per quarter during the academic year or forfeits his
or her academic standing, the student member is disqualified and a new student
member must be appointed. A student appointed under this section shall excuse
himself or herself from participation or voting on matters relating to the
hiring, discipline, or any other matters pertaining to faculty, personnel, or
collective bargaining agreements.
(4) Members of the college board shall be compensated in
accordance with RCW 43.03.240 and shall receive reimbursement for travel
expenses in accordance with RCW 43.03.050 and 43.03.060 for each day actually
spent in attending to the duties as a member of the college board.
(5) The members of the college board may be removed by the governor for inefficiency, neglect of duty, or malfeasance in office, in the manner provided by RCW 28B.10.500."
Correct the title.
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
Senator Tom moved that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 5217 and ask the House to recede therefrom.
Senator Tom spoke in favor of the motion.
The President declared the question before the Senate to be the motion by Senator Tom that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 5217 and ask the House to recede therefrom.
The motion by Senator Tom carried and the Senate refused to concur in the House amendment(s) to Substitute Senate Bill No. 5217 and asked the House to recede therefrom by voice vote.
MESSAGE FROM THE HOUSE
March 1, 2012
MR. PRESIDENT:
The House passed SUBSTITUTE SENATE BILL NO. 6081 with the following amendment(s): 6081-S AMH ANGE HELA 066
On page 1, line 8, after "be" strike "at least"
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 Substitute Senate Bill No. 6081 and ask the House to recede therefrom.
Senator Haugen spoke in favor of the motion.
The President declared the question before the Senate to be the motion by Senator Haugen that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 6081 and ask the House to recede therefrom.
The motion by Senator Haugen carried and the Senate refused to concur in the House amendment(s) to Substitute Senate Bill No. 6081 and asked the House to recede therefrom by voice vote.
MESSAGE FROM THE HOUSE
February 27, 2012
MR. PRESIDENT:
The House passed SENATE BILL NO. 6412 with the following amendment(s): 6412 AMH ENGR H4384.E
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 48.43.018 and 2010 c 277 s 1 are each amended to read as follows:
(1) Except as provided in (a) through (g) of this subsection, a health carrier may require any person applying for an individual health benefit plan and the health care authority shall require any person applying for nonsubsidized enrollment in the basic health plan to complete the standard health questionnaire designated under chapter 48.41 RCW.
(a) If a person is seeking an individual health benefit plan or enrollment in the basic health plan as a nonsubsidized enrollee due to his or her change of residence from one geographic area in Washington state to another geographic area in Washington state where his or her current health plan is not offered, completion of the standard health questionnaire shall not be a condition of coverage if application for coverage is made within ninety days of relocation.
(b) If a person is seeking an individual health benefit plan or enrollment in the basic health plan as a nonsubsidized enrollee:
(i) Because a health care provider with whom he or she has an established care relationship and from whom he or she has received treatment within the past twelve months is no longer part of the carrier's provider network under his or her existing Washington individual health benefit plan; and
(ii) His or her health care provider is part of another carrier's or a basic health plan managed care system's provider network; and
(iii) Application for a health benefit plan under that carrier's provider network individual coverage or for basic health plan nonsubsidized enrollment is made within ninety days of his or her provider leaving the previous carrier's provider network; then completion of the standard health questionnaire shall not be a condition of coverage.
(c) If a person is seeking an individual health benefit plan or enrollment in the basic health plan as a nonsubsidized enrollee due to his or her having exhausted continuation coverage provided under 29 U.S.C. Sec. 1161 et seq., completion of the standard health questionnaire shall not be a condition of coverage if application for coverage is made within ninety days of exhaustion of continuation coverage. A health carrier or the health care authority as administrator of basic health plan nonsubsidized coverage shall accept an application without a standard health questionnaire from a person currently covered by such continuation coverage if application is made within ninety days prior to the date the continuation coverage would be exhausted and the effective date of the individual coverage applied for is the date the continuation coverage would be exhausted, or within ninety days thereafter.
(d) If a person is seeking an individual health benefit plan or enrollment in the basic health plan as a nonsubsidized enrollee due to a change in employment status that would qualify him or her to purchase continuation coverage provided under 29 U.S.C. Sec. 1161 et seq., but the person's employer is exempt under federal law from the requirement to offer such coverage, completion of the standard health questionnaire shall not be a condition of coverage if: (i) Application for coverage is made within ninety days of a qualifying event as defined in 29 U.S.C. Sec. 1163; and (ii) the person had at least twenty-four months of continuous group coverage immediately prior to the qualifying event. A health carrier shall accept an application without a standard health questionnaire from a person with at least twenty-four months of continuous group coverage if application is made no more than ninety days prior to the date of a qualifying event and the effective date of the individual coverage applied for is the date of the qualifying event, or within ninety days thereafter.
(e) If a person is seeking an individual health benefit plan, completion of the standard health questionnaire shall not be a condition of coverage if: (i) The person had at least twenty-four months of continuous basic health plan coverage under chapter 70.47 RCW immediately prior to disenrollment; and (ii) application for coverage is made within ninety days of disenrollment from the basic health plan. A health carrier shall accept an application without a standard health questionnaire from a person with at least twenty-four months of continuous basic health plan coverage if application is made no more than ninety days prior to the date of disenrollment and the effective date of the individual coverage applied for is the date of disenrollment, or within ninety days thereafter.
(f) If a person is seeking an individual health benefit plan due to a change in employment status that would qualify him or her to purchase continuation coverage provided under 29 U.S.C. Sec. 1161 et seq., completion of the standard health questionnaire is not a condition of coverage if: (i) Application for coverage is made within ninety days of a qualifying event as defined in 29 U.S.C. Sec. 1163; and (ii) the person had at least twenty-four months of continuous group coverage immediately prior to the qualifying event. A health carrier shall accept an application without a standard health questionnaire from a person with at least twenty-four months of continuous group coverage if application is made no more than ninety days prior to the date of a qualifying event and the effective date of the individual coverage applied for is the date of the qualifying event, or within ninety days thereafter.
(g) If a person is seeking an individual health benefit plan due to their terminating continuation coverage under 29 U.S.C. Sec. 1161 et seq., completion of the standard health questionnaire shall not be a condition of coverage if: (i) Application for coverage is made within ninety days of terminating the continuation coverage; and (ii) the person had at least twenty-four months of continuous group coverage immediately prior to the termination. A health carrier shall accept an application without a standard health questionnaire from a person with at least twenty-four months of continuous group coverage if application is made no more than ninety days prior to the date of termination of the continuation coverage and the effective date of the individual coverage applied for is the date the continuation coverage is terminated, or within ninety days thereafter.
(h) If a person is seeking an individual health benefit plan because his or her employer, or former employer, discontinues group coverage due to the closure of the business, completion of the standard health questionnaire shall not be a condition of coverage if: (i) Application for coverage is made within ninety days of the employer discontinuing group coverage due to closure of the business; and (ii) the person had at least twenty-four months of continuous group coverage immediately prior to the termination. A health carrier shall accept an application without a standard health questionnaire from a person with at least twenty-four months of continuous group coverage if application is made no more than ninety days prior to the date of discontinuation of group coverage, and the effective date of the individual coverage applied for is the date the group coverage is discontinued, or within ninety days thereafter.
(i) If a person is seeking an individual health benefit plan, or enrollment in the basic health plan as a nonsubsidized enrollee, because his or her health carrier is discontinuing all individual health benefit plan coverage by July 1, 2012, completion of the standard health questionnaire shall not be a condition of coverage if: (i) Application for coverage is made within ninety days of the carrier discontinuing individual health benefit plan coverage; (ii) the person had at least twenty-four months of continuous health benefit plan coverage immediately prior to the termination; and (iii) benefits under the previous plan provide equivalent or greater overall benefit coverage than that provided in the health benefit plan, or basic health coverage, the person seeks to purchase. A health carrier, or the basic health plan, shall accept an application without a standard health questionnaire from a person with at least twenty-four months of continuous health benefit plan coverage if application is made no more than ninety days prior to the date of discontinuation of individual health benefit plan coverage, the person's prior coverage provided equivalent or greater overall benefits than the plan, or basic health coverage, the person seeks to purchase, and the effective date of the individual coverage applied for is the date the individual health benefit plan coverage is discontinued, or within ninety days thereafter.
(2) If, based upon the results of the standard health questionnaire, the person qualifies for coverage under the Washington state health insurance pool, the following shall apply:
(a) The carrier may decide not to accept the person's application for enrollment in its individual health benefit plan and the health care authority, as administrator of basic health plan nonsubsidized coverage, shall not accept the person's application for enrollment as a nonsubsidized enrollee; and
(b) Within fifteen business days of receipt of a completed application, the carrier or the health care authority as administrator of basic health plan nonsubsidized coverage shall provide written notice of the decision not to accept the person's application for enrollment to both the person and the administrator of the Washington state health insurance pool. The notice to the person shall state that the person is eligible for health insurance provided by the Washington state health insurance pool, and shall include information about the Washington state health insurance pool and an application for such coverage. If the carrier or the health care authority as administrator of basic health plan nonsubsidized coverage does not provide or postmark such notice within fifteen business days, the application is deemed approved.
(3) If the person applying for an individual health benefit plan: (a) Does not qualify for coverage under the Washington state health insurance pool based upon the results of the standard health questionnaire; (b) does qualify for coverage under the Washington state health insurance pool based upon the results of the standard health questionnaire and the carrier elects to accept the person for enrollment; or (c) is not required to complete the standard health questionnaire designated under this chapter under subsection (1)(a) or (b) of this section, the carrier or the health care authority as administrator of basic health plan nonsubsidized coverage, whichever entity administered the standard health questionnaire, shall accept the person for enrollment if he or she resides within the carrier's or the basic health plan's service area and provide or assure the provision of all covered services regardless of age, sex, family structure, ethnicity, race, health condition, geographic location, employment status, socioeconomic status, other condition or situation, or the provisions of RCW 49.60.174(2). The commissioner may grant a temporary exemption from this subsection if, upon application by a health carrier, the commissioner finds that the clinical, financial, or administrative capacity to serve existing enrollees will be impaired if a health carrier is required to continue enrollment of additional eligible individuals.
Sec. 2. RCW 48.43.015 and 2004 c 192 s 5 are each amended to read as follows:
(1) For a health benefit plan offered to a group, every health carrier shall reduce any preexisting condition exclusion, limitation, or waiting period in the group health plan in accordance with the provisions of section 2701 of the federal health insurance portability and accountability act of 1996 (42 U.S.C. Sec. 300gg).
(2) For a health benefit plan offered to a group other than a small group:
(a) If the individual applicant's immediately preceding health plan coverage terminated during the period beginning ninety days and ending sixty-four days before the date of application for the new plan and such coverage was similar and continuous for at least three months, then the carrier shall not impose a waiting period for coverage of preexisting conditions under the new health plan.
(b) If the individual applicant's immediately preceding health plan coverage terminated during the period beginning ninety days and ending sixty-four days before the date of application for the new plan and such coverage was similar and continuous for less than three months, then the carrier shall credit the time covered under the immediately preceding health plan toward any preexisting condition waiting period under the new health plan.
(c) For the purposes of this subsection, a preceding health plan includes an employer-provided self-funded health plan, the basic health plan's offering to health coverage tax credit eligible enrollees as established by chapter 192, Laws of 2004, and plans of the Washington state health insurance pool.
(3) For a health benefit plan offered to a small group:
(a) If the individual applicant's immediately preceding health plan coverage terminated during the period beginning ninety days and ending sixty-four days before the date of application for the new plan and such coverage was similar and continuous for at least nine months, then the carrier shall not impose a waiting period for coverage of preexisting conditions under the new health plan.
(b) If the individual applicant's immediately preceding health plan coverage terminated during the period beginning ninety days and ending sixty-four days before the date of application for the new plan and such coverage was similar and continuous for less than nine months, then the carrier shall credit the time covered under the immediately preceding health plan toward any preexisting condition waiting period under the new health plan.
(c) For the purpose of this subsection, a preceding health plan includes an employer-provided self-funded health plan, the basic health plan's offering to health coverage tax credit eligible enrollees as established by chapter 192, Laws of 2004, and plans of the Washington state health insurance pool.
(4)(a) Except as
provided in (b) of this subsection, for a health benefit plan offered to an
individual, other than an individual to whom subsection (5) of this section
applies, every health carrier shall credit any preexisting condition waiting
period in that plan for a person who was enrolled at any time during the
sixty-three day period immediately preceding the date of application for the
new health plan in a group health benefit plan or an individual health benefit
plan, other than a catastrophic health plan, and (((a))) (i) the
benefits under the previous plan provide equivalent or greater overall benefit
coverage than that provided in the health benefit plan the individual seeks to
purchase; or (((b))) (ii) the person is seeking an individual
health benefit plan due to his or her change of residence from one geographic
area in Washington state to another geographic area in Washington state where
his or her current health plan is not offered, if application for coverage is
made within ninety days of relocation; or (((c))) (iii) the
person is seeking an individual health benefit plan: (((i))) (A)
Because a health care provider with whom he or she has an established care
relationship and from whom he or she has received treatment within the past
twelve months is no longer part of the carrier's provider network under his or
her existing Washington individual health benefit plan; and (((ii))) (B)
his or her health care provider is part of another carrier's provider network;
and (((iii))) (C) application for a health benefit plan under
that carrier's provider network individual coverage is made within ninety days
of his or her provider leaving the previous carrier's provider network. The
carrier must credit the period of coverage the person was continuously covered
under the immediately preceding health plan toward the waiting period of the
new health plan. For the purposes of this subsection (4), a preceding health
plan includes an employer-provided self-funded health plan, the basic health
plan's offering to health coverage tax credit eligible enrollees as established
by chapter 192, Laws of 2004, and plans of the Washington state health
insurance pool.
(b) A carrier shall credit
an applicant's period of coverage in his or her preceding catastrophic health
plan toward any preexisting condition waiting period in the catastrophic health
plan the applicant seeks to purchase if:
(i) The preceding catastrophic health plan was discontinued by a
carrier that is discontinuing all individual plan coverage by July 1, 2012;
(ii) The applicant was enrolled in the previous catastrophic health
plan during the sixty-three day period immediately preceding his or her
application date for the new catastrophic health plan; and
(iii) The benefits under the preceding catastrophic health plan
provide equivalent or greater overall benefit coverage than that provided in
the catastrophic health plan the applicant seeks to purchase.
(5) Every health carrier shall waive any preexisting condition waiting period in its individual plans for a person who is an eligible individual as defined in section 2741(b) of the federal health insurance portability and accountability act of 1996 (42 U.S.C. Sec. 300gg-41(b)).
(6) Subject to the provisions of subsections (1) through (5) of this section, nothing contained in this section requires a health carrier to amend a health plan to provide new benefits in its existing health plans. In addition, nothing in this section requires a carrier to waive benefit limitations not related to an individual or group's preexisting conditions or health history.
NEW SECTION. Sec. 3. A new section is added to chapter 70.47 RCW to read as follows:
If a person was previously enrolled in a group health benefit plan, an individual health benefit plan, or a catastrophic health plan that is discontinued by the carrier by July 1, 2012, at any time during the sixty-three day period immediately preceding their application date for nonsubsidized coverage in the basic health plan as a nonsubsidized enrollee, the basic health plan must credit the applicant's period of prior coverage toward any preexisting condition waiting period applicable under the basic health plan if the benefits under the previous plan provide equivalent or greater overall benefit coverage than that provided in the basic health plan for nonsubsidized enrollees.
NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
Correct the title.
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
Senator Keiser moved that the Senate concur in the House amendment(s) to Senate Bill No. 6412.
Senator Keiser spoke in favor of the motion.
MOTION
On motion of Senator Ericksen, Senator Parlette was excused.
The President declared the question before the Senate to be the motion by Senator Keiser that the Senate concur in the House amendment(s) to Senate Bill No. 6412.
The motion by Senator Keiser carried and the Senate concurred in the House amendment(s) to Senate Bill No. 6412 by voice vote.
The President declared the question before the Senate to be the final passage of Senate Bill No. 6412, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6412, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli
Absent: Senator Kline
SENATE BILL NO. 6412, 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:
SENATE BILL NO. 5365,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5715,
SENATE BILL NO. 5981,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5991,
SUBSTITUTE SENATE BILL NO. 6002,
SENATE BILL NO. 6046,
SENATE BILL NO. 6059,
SENATE BILL NO. 6098,
SUBSTITUTE SENATE BILL NO. 6112,
SUBSTITUTE SENATE BILL NO. 6167,
SENATE BILL NO. 6171,
SUBSTITUTE SENATE BILL NO. 6208,
SENATE BILL NO. 6218,
ENGROSSED SENATE BILL NO. 6255,
SENATE BILL NO. 6290,
SUBSTITUTE SENATE BILL NO. 6325,
SUBSTITUTE SENATE BILL NO. 6371,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6470,
SUBSTITUTE SENATE BILL NO. 6574.
MESSAGE FROM THE HOUSE
March 1, 2012
MR. PRESIDENT:
The House passed SECOND SUBSTITUTE SENATE BILL NO. 6263 with the following amendment(s): 6263-S2 AMH BLAK H4563.2
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.372.020 and 2010 c 145 s 3 are each amended to read as follows:
(1) The office of the
governor shall chair a marine interagency team that is composed of
representatives of each of the agencies in the governor's natural resources
cabinet with management responsibilities for marine waters, including the
independent agencies. A representative from a federal agency with lead
responsibility for marine spatial planning must be invited to serve as a
liaison to the team to help ensure consistency with federal actions and
policy. The team must ((conduct the assessment authorized in section 4,
chapter 145, Laws of 2010,)) assist state agencies under RCW 43.372.030
with the review and coordination of such planning with their existing and
ongoing planning((,)) and conduct the marine management planning
authorized in RCW 43.372.040.
(2) The team may not
commence any activities authorized under RCW 43.372.030 and 43.372.040 until
federal, private, or other ((nonstate)) funding is secured specifically
for these activities.
Sec. 2. RCW 43.372.030 and 2010 c 145 s 5 are each amended to read as follows:
(1) ((Concurrently or
prior to the assessment and planning activities provided in section 4, chapter
145, Laws of 2010 and RCW 43.372.040, and)) Subject to available
federal, private, or other ((nonstate)) funding for this purpose, all
state agencies with marine waters planning and management responsibilities are
authorized to include marine spatial data and marine spatial planning elements
into their existing plans and ongoing planning.
(2) The director of the Puget Sound partnership under the direction of the leadership council created in RCW 90.71.220 must integrate marine spatial information and planning provisions into the action agenda. The information should be used to address gaps or improve the effectiveness of the spatial planning component of the action agenda, such as in addressing potential new uses such as renewable energy projects.
(3) The governor and the commissioner of public lands, working with appropriate marine management and planning agencies, should work cooperatively with the applicable west coast states, Canadian provinces, and with federal agencies, through existing cooperative entities such as the west coast governor's agreement on ocean health, the coastal and oceans task force, the Pacific coast collaborative, the Puget Sound federal caucus, and the United States and Canada cooperative agreement working group, to explore the benefits of developing joint marine spatial plans or planning frameworks in the shared waters of the Salish Sea, the Columbia river estuary, and in the exclusive economic zone waters. The governor and commissioner may approve the adoption of shared marine spatial plans or planning frameworks where they determine it would further policies of this chapter and chapter 43.143 RCW.
(4) On an ongoing basis, the director of the department of ecology shall work with other state agencies with marine management responsibilities, tribal governments, marine resources committees, local and federal agencies, and marine waters stakeholders to compile marine spatial information and to incorporate this information into ongoing plans. This work may be integrated with the comprehensive marine management plan authorized under RCW 43.372.040 when that planning process is initiated.
(5) All actions taken to implement this section must be consistent with RCW 43.372.060.
Sec. 3. RCW 43.372.040 and 2010 c 145 s 6 are each amended to read as follows:
(1) Upon the receipt of
federal, private, or other ((nonstate)) funding for this purpose, ((together
with any required match of state funding that may be specifically provided for
this purpose,)) the marine interagency team shall coordinate the
development of a comprehensive marine management plan for the state's marine
waters. The marine management plan must include marine spatial planning, as
well as recommendations to the appropriate federal agencies regarding the
exclusive economic zone waters.
(2) The comprehensive
marine management plan may be developed in geographic segments, and may
incorporate or be developed as an element of existing marine plans, such as the
Puget Sound action agenda. If the team exercises the option to develop the
comprehensive marine management plan in geographic segments, it may proceed
with development and adoption of marine management plans for these geographic
segments on different schedules.
(3) The chair of the team may designate a state agency with marine
management responsibilities to take the lead in developing and recommending to
the team particular segments or elements of the comprehensive marine management
plan.
(((2))) (4)
The marine management plan must be developed and implemented in a manner that:
(a) Recognizes and respects existing uses and tribal treaty rights;
(b) Promotes protection and restoration of ecosystem processes to a level that will enable long-term sustainable production of ecosystem goods and services;
(c) Addresses potential impacts of climate change and sea level rise upon current and projected marine waters uses and shoreline and coastal impacts;
(d) Fosters and encourages sustainable uses that provide economic opportunity without significant adverse environmental impacts;
(e) Preserves and enhances public access;
(f) Protects and encourages working waterfronts and supports the infrastructure necessary to sustain marine industry, commercial shipping, shellfish aquaculture, and other water‑dependent uses;
(g) Fosters public participation in decision making and significant involvement of communities adjacent to the state's marine waters; and
(h) Integrates existing management plans and authorities and makes recommendations for aligning plans to the extent practicable.
(((3))) (5)
To ensure the effective stewardship of the state's marine waters held in trust
for the benefit of the people, the marine management plan must rely upon
existing data and resources, but also identify data gaps and, as possible,
procure missing data necessary for planning.
(((4))) (6)
The marine management plan must include but not be limited to:
(a) An ecosystem assessment that analyzes the health and status of Washington marine waters including key social, economic, and ecological characteristics and incorporates the best available scientific information, including relevant marine data. This assessment should seek to identify key threats to plan goals, analyze risk and management scenarios, and develop key ecosystem indicators. In addition, the plan should incorporate existing adaptive management strategies underway by local, state, or federal entities and provide an adaptive management element to incorporate new information and consider revisions to the plan based upon research, monitoring, and evaluation;
(b) Using and relying upon existing plans and processes and additional management measures to guide decisions among uses proposed for specific geographic areas of the state's marine and estuarine waters consistent with applicable state laws and programs that control or address developments in the state's marine waters;
(c) A series of maps that, at a minimum, summarize available data on: The key ecological aspects of the marine ecosystem, including physical and biological characteristics, as well as areas that are environmentally sensitive or contain unique or sensitive species or biological communities that must be conserved and warrant protective measures; human uses of marine waters, particularly areas with high value for fishing, shellfish aquaculture, recreation, and maritime commerce; and appropriate locations with high potential for renewable energy production with minimal potential for conflicts with other existing uses or sensitive environments;
(d) An element that sets forth the state's recommendations to the federal government for use priorities and limitations, siting criteria, and protection of unique and sensitive biota and ocean floor features within the exclusive economic zone waters consistent with the policies and management criteria contained in this chapter and chapter 43.143 RCW;
(e) An implementation strategy describing how the plan's management measures and other provisions will be considered and implemented through existing state and local authorities; and
(f) A framework for coordinating state agency and local government review of proposed renewable energy development uses requiring multiple permits and other approvals that provide for the timely review and action upon renewable energy development proposals while ensuring protection of sensitive resources and minimizing impacts to other existing or projected uses in the area.
(((5))) (7)
If the director of the department of fish and wildlife determines that a
fisheries management element is appropriate for inclusion in the marine
management plan, this element may include the incorporation of existing
management plans and procedures and standards for consideration in adopting and
revising fisheries management plans in cooperation with the appropriate federal
agencies and tribal governments.
(((6))) (8)
Any provision of the marine management plan that does not have as its primary
purpose the management of commercial or recreational fishing but that has an
impact on this fishing must minimize the negative impacts on the fishing. The
team must accord substantial weight to recommendations from the director of the
department of fish and wildlife for plan revisions to minimize the negative
impacts.
(((7))) (9)
The marine management plan must recognize and value existing uses. All actions
taken to implement this section must be consistent with RCW 43.372.060.
(((8))) (10)
The marine management plan must identify any provisions of existing management
plans that are substantially inconsistent with the plan.
(((9))) (11)(a)
In developing the marine management plan, the team shall implement a strong
public participation strategy that seeks input from throughout the state and
particularly from communities adjacent to marine waters. Public review and
comment must be sought and incorporated with regard to planning the scope of
work as well as in regard to significant drafts of the plan and plan elements.
(b) The team must engage tribes and marine resources committees in its activities throughout the planning process. In particular, prior to finalizing the plan, the team must provide each tribe and marine resources committee with a draft of the plan and invite them to review and comment on the plan.
(((10) The team must
complete the plan within twenty-four months of the initiation of planning under
this section.
(11))) (12) The director of the department of ecology shall
submit the completed marine management plan to the appropriate federal agency
for its review and approval for incorporation into the state's federally
approved coastal zone management program.
(((12))) (13)
Subsequent to the adoption of the marine management plan, the team may
periodically review and adopt revisions to the plan to incorporate new
information and to recognize and incorporate provisions in other marine
management plans. The team must afford the public an opportunity to review and
comment upon significant proposed revisions to the marine management plan.
Sec. 4. RCW 43.372.070 and 2011 c 250 s 2 are each amended to read as follows:
(1) The marine resources stewardship trust account is created in the state treasury. All receipts from income derived from the investment of amounts credited to the account, any grants, gifts, or donations to the state for the purposes of marine management planning, marine spatial planning, data compilation, research, or monitoring, and any appropriations made to the account must be deposited in the account. Moneys in the account may be spent only after appropriation.
(2) Expenditures from
the account may only be used for the purposes of marine management planning,
marine spatial planning, research, monitoring, and implementation of the
marine management plan((, and for the restoration or enhancement of marine
habitat or resources)).
(3) ((When moneys are
deposited into the marine resources stewardship trust account, the governor
must provide recommendations on expenditures from the account to the
appropriate committees of the legislature prior to the next regular legislative
session. The recommended projects and activities must be consistent with:
(a) The allowable uses of the marine resources stewardship trust
account; and
(b) The priority areas identified in)) Until July 1, 2016,
expenditures from the account may only be used for the purposes of:
(a) Conducting ecosystem assessment and mapping activities in marine
waters consistent with RCW 43.372.040(6) (a) and (c), with a focus on
assessment and mapping activities related to marine resource uses and
developing potential economic opportunities;
(b) Developing a marine management plan for the state's coastal waters
as that term is defined in RCW 43.143.020; and
(c) Coordination under the west coast governors' agreement on
ocean health, entered into on September 18, 2006, ((and recognized in
section 1, chapter 250, Laws of 2011)) and other regional planning
efforts consistent with RCW 43.372.030.
NEW SECTION. Sec. 5. A new section is added to chapter 43.143 RCW to read as follows:
(1)(a) The Washington state coastal solutions council is established in the executive office of the governor to fulfill the duties established in section 6 of this act. The council is composed of the following nonvoting members:
(i) The governor or the governor's designee;
(ii) The director or commissioner, or the director's or commissioner's designee, of the following agencies:
(A) The department of ecology;
(B) The department of natural resources;
(C) The department of fish and wildlife;
(D) The state parks and recreation commission; and
(E) The department of commerce.
(b) The following members of the coastal advisory body on ocean policy formed by the department of ecology in December 2011 are the initial voting members of the council:
(i) A citizen from a coastal community;
(ii) Two representatives from commercial fishing associations;
(iii) A representative from a coastal conservation group;
(iv) A representative from a coastal economic development group;
(v) A representative from an educational institution;
(vi) A person representing recreation;
(vii) A representative from a recreational fishing organization;
(viii) A person representing shellfish aquaculture;
(ix) A representative from the shipping industry;
(x) A representative from a science organization; and
(xi) A representative from each outer coast marine resources committee, to be selected by the marine resources committee.
(c) The council must adopt bylaws addressing future membership of the council as well as how vacancies in the membership will be filled.
(d) The council must adopt bylaws addressing future membership of the coastal advisory body on ocean policy as well as how vacancies in the membership will be filled.
(2) The council may invite state, tribal, local governments, and federal agencies with responsibility for the study and management of ocean resources or regulation of ocean activities to designate a liaison to the council to attend council meetings, respond to council requests for technical and policy information, and review any draft materials prepared by the council. The council may also invite representatives from other coastal states or Canadian provinces to participate when appropriate as nonvoting members.
(3) A voting member identified under subsection (1)(b) of this section must serve as the chair of the council. The term of the chair is one year. The initial chair of the council must be nominated and elected by a majority of voting councilmembers at the first meeting of the council. The chair's term begins on the effective date of this section. At the expiration of each chair's term, the next chair must be nominated and elected by a majority of voting councilmembers. The agenda for each meeting must be developed as a collaborative process by voting and nonvoting members.
(4) The council shall utilize a consensus approach to decision making among voting and nonvoting members. The council may put a decision to a vote among voting members only, in the event that consensus cannot be reached. The council must include in its bylaws guidelines describing how consensus works and when a lack of consensus among councilmembers will trigger a vote by voting members only.
(5) If nonstate funding is secured, the council may hire a neutral convener to assist it in the performance of its duties, including but not limited to establishing bylaws and setting meeting agenda.
(6) The department of ecology shall provide administrative and staff support for the council.
(7) The council must meet at least twice each year.
(8) A majority of the voting members of the council constitutes a quorum for the transaction of business.
(9) The term of office of each member appointed by the governor, or the governing body of a county, is four years. Members are eligible for reappointment.
NEW SECTION. Sec. 6. A new section is added to chapter 43.143 RCW to read as follows:
The duties of the Washington state coastal solutions council created in section 5 of this act are to:
(1) Serve as a forum for communication in order to seek consistency in state, local, and tribal policies concerning coastal waters issues, including issues relating to resource management, fisheries, shellfish aquaculture, marine and coastal hazards, ocean energy, and coastal waters research and education issues;
(2) Serve as a point of contact for, and collaborate with, the federal government, regional entities, and other state governments, regarding coastal waters issues;
(3) Provide a forum to discuss coastal waters resource policy, planning, and management issues, and, when appropriate, mediate disagreements;
(4) Serve as an interagency resource to respond to issues facing coastal communities and coastal waters resources in a collaborative manner;
(5) Identify and pursue public and private funding opportunities for the programs and activities of the council, and for relevant programs and activities of member entities;
(6) Provide policy recommendations to the governor, the legislature, and state and local agencies on specific coastal waters resource management issues including:
(a) Principles and standards required for emerging new coastal uses;
(b) Data gaps and opportunities for scientific research addressing coastal needs and concerns;
(c) Implementation of Washington's ocean action plan 2006;
(d) Development and implementation of coast-wide goals and strategies including marine spatial planning; and
(e) A coastal perspective regarding cross-boundary coastal issues;
(7) Establish bylaws based on existing documents of the coastal advisory body on ocean policy referred to under section 5(1)(b) of this act.
NEW SECTION. Sec. 7. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2012, in the omnibus appropriations act, this act is null and void."
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 Second Substitute Senate Bill No. 6263.
Senators Ranker and Delvin spoke in favor of the motion.
MOTION
On motion of Senator Harper, Senator Kline was excused.
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 Second Substitute Senate Bill No. 6263.
The motion by Senator Ranker carried and the Senate concurred in the House amendment(s) to Second Substitute Senate Bill No. 6263 by voice vote.
The President declared the question before the Senate to be the final passage of Second Substitute Senate Bill No. 6263, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6263, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli
SECOND SUBSTITUTE SENATE BILL NO. 6263, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MESSAGE FROM THE HOUSE
March 1, 2012
MR. PRESIDENT:
The House passed SUBSTITUTE SENATE BILL NO. 5246 with the following amendment(s): 5246-S AMH TR H4453.1
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 46.52.130 and 2010 c 253 s 1 are each amended to read as follows:
Upon a proper request, the department may furnish an abstract of a person's driving record as permitted under this section.
(1) Contents of abstract of driving record. An abstract of a person's driving record, whenever possible, must include:
(a) An enumeration of motor vehicle accidents in which the person was driving, including:
(i) The total number of vehicles involved;
(ii) Whether the vehicles were legally parked or moving;
(iii) Whether the vehicles were occupied at the time of the accident; and
(iv) Whether the accident resulted in a fatality;
(b) Any reported convictions, forfeitures of bail, or findings that an infraction was committed based upon a violation of any motor vehicle law;
(c) The status of the person's driving privilege in this state; and
(d) Any reports of failure to appear in response to a traffic citation or failure to respond to a notice of infraction served upon the named individual by an arresting officer.
(2) Release of abstract of driving record. An abstract of a person's driving record may be furnished to the following persons or entities:
(a) Named individuals. (i) An abstract of the full driving record maintained by the department may be furnished to the individual named in the abstract.
(ii) Nothing in this section prevents a court from providing a copy of the driver's abstract to the individual named in the abstract, provided that the named individual has a pending or open infraction or criminal case in that court. A pending case includes criminal cases that have not reached a disposition by plea, stipulation, trial, or amended charge. An open infraction or criminal case includes cases on probation, payment agreement or subject to, or in collections. Courts may charge a reasonable fee for the production and copying of the abstract for the individual.
(b) Employers or prospective employers. (i)(A) An abstract of the full driving record maintained by the department may be furnished to an employer or prospective employer or an agent acting on behalf of an employer or prospective employer of the named individual for purposes related to driving by the individual as a condition of employment or otherwise at the direction of the employer.
(((ii))) (B)
Release of an abstract of the driving record of an employee or prospective
employee requires a statement signed by: (((A))) (I) The
employee or prospective employee that authorizes the release of the record; and
(((B))) (II) the employer attesting that the information is
necessary for employment purposes related to driving by the individual as a
condition of employment or otherwise at the direction of the employer. If the
employer or prospective employer authorizes an agent to obtain this information
on their behalf, this must be noted in the statement.
(((iii))) (C)
Upon request of the person named in the abstract provided under this
subsection, and upon that same person furnishing copies of court records ruling
that the person was not at fault in a motor vehicle accident, the department
must indicate on any abstract provided under this subsection that the person
was not at fault in the motor vehicle accident.
(ii) In addition to the methods described in (b)(i) of this subsection, the director may enter into a contractual agreement with an employer or its agent for the purpose of reviewing the driving records of existing employees for changes to the record during specified periods of time. The department shall establish a fee for this service, which must be deposited in the highway safety fund. The fee for this service must be set at a level that will not result in a net revenue loss to the state. Any information provided under this subsection must be treated in the same manner and is subject to the same restrictions as driving record abstracts.
(c) Volunteer organizations. (i) An abstract of the full driving record maintained by the department may be furnished to a volunteer organization or an agent for a volunteer organization for which the named individual has submitted an application for a position that would require driving by the individual at the direction of the volunteer organization.
(ii) Release of an abstract of the driving record of a prospective volunteer requires a statement signed by: (A) The prospective volunteer that authorizes the release of the record; and (B) the volunteer organization attesting that the information is necessary for purposes related to driving by the individual at the direction of the volunteer organization. If the volunteer organization authorizes an agent to obtain this information on their behalf, this must be noted in the statement.
(d) Transit authorities. An abstract of the full driving record maintained by the department may be furnished to an employee or agent of a transit authority checking prospective volunteer vanpool drivers for insurance and risk management needs.
(e) Insurance carriers. (i) An abstract of the driving record maintained by the department covering the period of not more than the last three years may be furnished to an insurance company or its agent:
(A) That has motor vehicle or life insurance in effect covering the named individual;
(B) To which the named individual has applied; or
(C) That has insurance in effect covering the employer or a prospective employer of the named individual.
(ii) The abstract provided to the insurance company must:
(A) Not contain any information related to actions committed by law enforcement officers or firefighters, as both terms are defined in RCW 41.26.030, or by Washington state patrol officers, while driving official vehicles in the performance of their occupational duty. This does not apply to any situation where the vehicle was used in the commission of a misdemeanor or felony;
(B) Include convictions under RCW 46.61.5249 and 46.61.525, except that the abstract must report the convictions only as negligent driving without reference to whether they are for first or second degree negligent driving; and
(C) Exclude any deferred prosecution under RCW 10.05.060, except that if a person is removed from a deferred prosecution under RCW 10.05.090, the abstract must show the deferred prosecution as well as the removal.
(iii) Any policy of insurance may not be canceled, nonrenewed, denied, or have the rate increased on the basis of information regarding an accident included in the abstract of a driving record, unless the policyholder was determined to be at fault.
(iv) Any insurance company or its agent, for underwriting purposes relating to the operation of commercial motor vehicles, may not use any information contained in the abstract relative to any person's operation of motor vehicles while not engaged in such employment. Any insurance company or its agent, for underwriting purposes relating to the operation of noncommercial motor vehicles, may not use any information contained in the abstract relative to any person's operation of commercial motor vehicles.
(v) The director may enter into a contractual agreement with an insurance company or its agent for the limited purpose of reviewing the driving records of existing policyholders for changes to the record during specified periods of time. The department shall establish a fee for this service, which must be deposited in the highway safety fund. The fee for this service must be set at a level that will not result in a net revenue loss to the state. Any information provided under this subsection must be treated in the same manner and is subject to the same restrictions as driving record abstracts.
(f) Alcohol/drug assessment or treatment agencies. An abstract of the driving record maintained by the department covering the period of not more than the last five years may be furnished to an alcohol/drug assessment or treatment agency approved by the department of social and health services to which the named individual has applied or been assigned for evaluation or treatment, for purposes of assisting employees in making a determination as to what level of treatment, if any, is appropriate, except that the abstract must:
(i) Also include records of alcohol-related offenses, as defined in RCW 46.01.260(2), covering a period of not more than the last ten years; and
(ii) Indicate whether an alcohol-related offense was originally charged as a violation of either RCW 46.61.502 or 46.61.504.
(g) City attorneys and county prosecuting attorneys. An abstract of the full driving record maintained by the department, including whether a recorded violation is an alcohol-related offense, as defined in RCW 46.01.260(2), that was originally charged as a violation of either RCW 46.61.502 or 46.61.504, may be furnished to city attorneys or county prosecuting attorneys. City attorneys and county prosecuting attorneys may provide the driving record to alcohol/drug assessment or treatment agencies approved by the department of social and health services to which the named individual has applied or been assigned for evaluation or treatment.
(h) State colleges, universities, or agencies, or units of local government. An abstract of the full driving record maintained by the department may be furnished to (i) state colleges, universities, or agencies for employment and risk management purposes or (ii) units of local government authorized to self-insure under RCW 48.62.031 for employment and risk management purposes.
(i) Superintendent of public instruction. An abstract of the full driving record maintained by the department may be furnished to the superintendent of public instruction for review of public school bus driver records. The superintendent or superintendent's designee may discuss information on the driving record with an authorized representative of the employing school district for employment and risk management purposes.
(3) Release to third parties prohibited. Any person or entity receiving an abstract of a person's driving record under subsection (2)(b) through (i) of this section shall use the abstract exclusively for his, her, or its own purposes or as otherwise expressly permitted under this section, and shall not divulge any information contained in the abstract to a third party.
(4) Fee. The director shall collect a ten-dollar fee for each abstract of a person's driving record furnished by the department. Fifty percent of the fee must be deposited in the highway safety fund, and fifty percent of the fee must be deposited according to RCW 46.68.038.
(5) Violation. (a) Any negligent violation of this section is a gross misdemeanor.
(b) Any intentional violation of this section is a class C felony."
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 Substitute Senate Bill No. 5246.
Senator Haugen spoke in favor of the motion.
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 Substitute Senate Bill No. 5246.
The motion by Senator Haugen carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5246 by voice vote.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5246, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5246, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 5; Absent, 0; Excused, 0.
Voting yea: Senators Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Swecker and Tom
Voting nay: Senators Baumgartner, Ericksen, Holmquist Newbry, Stevens and Zarelli
SUBSTITUTE SENATE BILL NO. 5246, 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
February 28, 2012
MR. PRESIDENT:
The House passed ENGROSSED SENATE BILL NO. 5661 with the following amendment(s): 5661.E AMH MCCU CALL 058
On page 3, after line 9, insert the following:
"NEW SECTION. Sec. 3. (1) The department of fish and wildlife shall, by no later than December 31, 2012, work with all interested Indian tribes to develop a program that will assist coordination and communication among the department of fish and wildlife and the various cooperating Indian tribes to record, consistent with RCW 77.12.870, the location of lost or abandoned fishing nets that originated in a tribal fishery.
(2) This section expires on July 31, 2013."
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 Senate Bill No. 5661.
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 Senate Bill No. 5661.
The motion by Senator Ranker carried and the Senate concurred in the House amendment(s) to Engrossed Senate Bill No. 5661 by voice vote.
The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 5661, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5661, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli
ENGROSSED SENATE BILL NO. 5661, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MESSAGE FROM THE HOUSE
March 1, 2012
MR. PRESIDENT:
The House passed SUBSTITUTE SENATE BILL NO. 5982 with the following amendment(s): 5982-S AMH WAYS H4494.1
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The joint center for aerospace technology innovation is created to:
(a) Pursue joint industry-university research in computing, manufacturing efficiency, materials/structures innovation, and other new technologies that can be used in aerospace firms;
(b) Enhance the education of students in the engineering departments of the University of Washington, Washington State University, and other participating institutions through industry- focused research; and
(c) Work directly with existing small, medium-sized, and large aerospace firms and aerospace industry associations to identify research needs and opportunities to transfer off-the-shelf technologies that would benefit such firms.
(2) The center shall be operated and administered as a multi- institutional education and research center, conducting research and development programs in various locations within Washington under the joint authority of the University of Washington and Washington State University. The initial administrative offices of the center shall be west of the crest of the Cascade mountains. In order to meet aerospace industry needs, the facilities and resources of the center must be made available to all four-year institutions of higher education as defined in RCW 28B.10.016. Resources include, but are not limited to, internships, on-the-job training, and research opportunities for undergraduate and graduate students and faculty.
(3) The powers of the center are vested in and shall be exercised by a board of directors. The board shall consist of nine members appointed by the governor. The governor shall appoint a nonvoting chair. Of the eight voting members, one member shall represent small aerospace firms, one member shall represent medium-sized firms, one member shall represent large aerospace firms, one member shall represent labor, two members shall represent aerospace industry associations, and two members shall represent higher education. The terms of the initial members shall be staggered.
(4) The board shall hire an executive director. The executive director shall hire such staff as the board deems necessary to operate the center. Staff support may be provided from among the cooperating institutions through cooperative agreements to the extent funds are available. The executive director may enter into cooperative agreements for programs and research with public and private organizations including state and nonstate agencies consistent with policies of the participating institutions.
(5) The board must:
(a) Work with aerospace industry associations and aerospace firms of all sizes to identify the research areas that will benefit the intermediate and long-term economic vitality of the Washington aerospace industry;
(b) Identify entrepreneurial researchers to join or lead research teams in the research areas specified in (a) of this subsection and the steps the University of Washington and Washington State University will take to recruit such researchers;
(c) Assist firms to integrate existing technologies into their operations and align the activities of the center with those of impact Washington and innovate Washington to enhance services available to aerospace firms;
(d) Develop internships, on-the-job training, research, and other opportunities and ensure that all undergraduate and graduate students enrolled in an aerospace engineering curriculum have direct experience with aerospace firms;
(e) Assist researchers and firms in safeguarding intellectual property while advancing industry innovation;
(f) Develop and strengthen university-industry relationships through promotion of faculty collaboration with industry, and sponsor, in collaboration with innovate Washington, at least one annual symposium focusing on aerospace research in the state of Washington;
(g) Encourage a full range of projects from small research projects that meet the specific needs of a smaller company to large scale, multipartner projects;
(h) Develop nonstate support of the center's research activities through leveraging dollars from federal and private for-profit and nonprofit sources;
(i) Leverage its financial impact through joint support arrangements on a project-by-project basis as appropriate;
(j) Establish mechanisms for soliciting and evaluating proposals and for making awards and reporting on technological progress, financial leverage, and other measures of impact;
(k) By June 30, 2013, develop an operating plan that includes the specific processes, methods, or mechanisms the center will use to accomplish each of its duties as set out in this subsection; and
(l) Report biennially to the legislature and the governor about the impact of the center's work on the state's economy and the aerospace sector, with projections of future impact, providing indicators of its impact, and outlining ideas for enhancing benefits to the state. The report must be coordinated with the governor's office, the Washington economic development commission, the department of commerce, and innovate Washington.
NEW SECTION. Sec. 2. The joint center for aerospace technology innovation may solicit and receive gifts, grants, donations, sponsorships, or contributions from any federal, state, or local governmental agency or program or any private source, and expend the same for any purpose consistent with this chapter.
NEW SECTION. Sec. 3. A new section is added to chapter 43.131 RCW to read as follows:
The joint center for aerospace technology innovation shall be terminated July 1, 2015, as provided in section 4 of this act.
NEW SECTION. Sec. 4. A new section is added to chapter 43.131 RCW to read as follows:
The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective July 1, 2016:
(1) Section 1 of this act; and
(2) Section 2 of this act.
NEW SECTION. Sec. 5. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2012, in the omnibus appropriations act, this act is null and void.
NEW SECTION. Sec. 6. Sections 1 and 2 of this act constitute a new chapter in Title 28B RCW."
Correct the title.
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
Senator Kastama moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5982.
Senators Kastama and Baumgartner spoke in favor of the motion.
The President declared the question before the Senate to be the motion by Senator Kastama that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5982.
The motion by Senator Kastama carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5982 by voice vote.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5982, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5982, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli
SUBSTITUTE SENATE BILL NO. 5982, 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
February 27, 2012
MR. PRESIDENT:
The House passed SUBSTITUTE SENATE BILL NO. 5995 with the following amendment(s): 5995-S AMH LG PFUN 109
On page 7, line 35, after "fewer than" strike "one hundred eighty" and insert "two hundred"
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
Senator Delvin moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5995.
Senator Delvin spoke in favor of the motion.
The President declared the question before the Senate to be the motion by Senator Delvin that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5995.
The motion by Senator Delvin carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5995 by voice vote.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5995, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5995, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli
Absent: Senator Hargrove
SUBSTITUTE SENATE BILL NO. 5995, 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
February 29, 2012
MR. PRESIDENT:
The House passed SUBSTITUTE SENATE BILL NO. 6384 with the following amendment(s): 6384-S AMH ELHS H4439.1
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 71A.12 RCW to read as follows:
(1) Clients age twenty-one and older who are receiving employment services must be offered the choice to transition to a community access program after nine months of enrollment in an employment program, and the option to transition from a community access program to an employment program at any time. Enrollment in an employment program begins at the time the client is authorized to receive employment.
(2) Prior approval by the department shall not be required to effectuate the client's choice to transition from an employment program to community access services after verifying nine months of participation in employment-related services.
(3) The department shall inform clients and their legal representatives of all available options for employment and day services, including the opportunity to request an exception from enrollment in an employment program. Information provided to the client and the client's legal representative must include the types of activities each service option provides, and the amount, scope, and duration of service for which the client would be eligible under each service option. An individual client may be authorized for only one service option, either employment services or community access services. Clients may not participate in more than one of these services at any given time.
(4) The department shall work with counties and stakeholders to strengthen and expand the existing community access program, including the consideration of options that allow for alternative service settings outside of the client's residence. The program should emphasize support for the clients so that they are able to participate in activities that integrate them into their community and support independent living and skills.
(5) The department shall develop rules to allow for an exception to the requirement that a client participate in an employment program for nine months prior to transitioning to a community access program."
Correct the title.
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
Senator Keiser moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6384.
Senators Keiser and Becker spoke in favor of the motion.
The President declared the question before the Senate to be the motion by Senator Keiser that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6384.
The motion by Senator Keiser carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6384 by voice vote.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6384, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6384, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli
SUBSTITUTE SENATE BILL NO. 6384, 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
February 29, 2012
MR. PRESIDENT:
The House passed SUBSTITUTE SENATE BILL NO. 6508 with the following amendment(s): 6508-S AMH ENGR H4440.E
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.20B.030 and 2005 c 292 s 5 are each amended to read as follows:
(1) Except as otherwise provided by law, including subsection (2) of this section, there will be no collection of overpayments and other debts due the department after the expiration of six years from the date of notice of such overpayment or other debt unless the department has commenced recovery action in a court of law or unless an administrative remedy authorized by statute is in place. However, any amount due in a case thus extended shall cease to be a debt due the department at the expiration of ten years from the date of the notice of the overpayment or other debt unless a court-ordered remedy would be in effect for a longer period.
(2) There will be no collection of debts due the department after the expiration of twenty years from the date a lien is recorded pursuant to RCW 43.20B.080.
(3) The department, at any time, may accept offers of compromise of disputed claims or may grant partial or total write-off of any debt due the department if it is no longer cost-effective to pursue. The department shall adopt rules establishing the considerations to be made in the granting or denial of a partial or total write-off of debts.
(4) Notwithstanding the requirements of RCW 43.20B.630, 43.20B.635, 43.20B.640, and 43.20B.645, the department may waive all efforts to collect overpayments from a client when the department determines that the elements of equitable estoppel as set forth in WAC 388-02-0495, as it existed on January 1, 2012, are met.
NEW SECTION. Sec. 2. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.
NEW SECTION. Sec. 3. No later than October 1, 2013, the office of fraud and accountability within the department of social and health services, along with the state auditor's office and the department of early learning, shall collaborate in an effort to identify, review, and provide the legislature with recommendations for integrated monitoring and detection systems to prevent overpayments of public assistance from occurring."
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. 6508.
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. 6508.
The motion by Senator Hargrove carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6508 by voice vote.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6508, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6508, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 33; Nays, 16; Absent, 0; Excused, 0.
Voting yea: Senators Baumgartner, Benton, Brown, Chase, Conway, Eide, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hobbs, Kastama, Keiser, Kilmer, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Pflug, Prentice, Pridemore, Ranker, Regala, Rolfes, Shin, Stevens and Tom
Voting nay: Senators Becker, Carrell, Delvin, Ericksen, Fain, Hill, Holmquist Newbry, Honeyford, King, Padden, Parlette, Roach, Schoesler, Sheldon, Swecker and Zarelli
SUBSTITUTE SENATE BILL NO. 6508, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MESSAGE FROM THE HOUSE
March 1, 2012
MR. PRESIDENT:
The House passed SUBSTITUTE SENATE BILL NO. 6359 with the following amendment(s): 6359-S AMH ENGR H4412.E
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.42.010 and 2011 c 149 s 2 are each amended to read as follows:
(1) The office of regulatory assistance is created in the office of financial management and must be administered by the office of the governor to help improve the regulatory system and assist citizens, businesses, and project proponents.
(2) The governor must appoint a director. The director may employ a deputy director and a confidential secretary and such staff as are necessary, or contract with another state agency pursuant to chapter 39.34 RCW for support in carrying out the purposes of this chapter.
(3) The office must offer to:
(a) Act as the central point of contact for the project proponent in communicating about defined issues;
(b) Conduct project scoping as provided in RCW 43.42.050;
(c) Verify that the project proponent has all the information needed to correctly apply for all necessary permits;
(d) Provide general coordination services;
(e) Coordinate the efficient completion among participating agencies of administrative procedures, such as collecting fees or providing public notice;
(f) Maintain contact with the project proponent and the permit agencies to promote adherence to agreed schedules;
(g) Assist in resolving any conflict or inconsistency among permit requirements and conditions;
(h) Coordinate, to the extent practicable, with relevant federal permit agencies and tribal governments;
(i) Facilitate meetings;
(j) Manage a fully coordinated permit process, as provided in RCW 43.42.060; and
(k) Help local
jurisdictions comply with the requirements of chapter 36.70B RCW ((by
providing information about best permitting practices methods to improve
communication with, and solicit early involvement of, state agencies when
needed; and
(l) Maintain and furnish information as provided in RCW 43.42.040)).
(4) The office must also:
(a) Provide information to local jurisdictions about best permitting
practices, methods to improve communication with, and solicit early involvement
of, state agencies when needed, and effective means of assessing and
communicating expected project timelines and costs;
(b) Maintain and furnish information as provided in RCW 43.42.040; and
(c) Provide the following by September 1, 2009, and biennially
thereafter, to the governor and the appropriate committees of the legislature:
(((a))) (i)
A performance report including:
(((i))) (A)
Information regarding use of the office's voluntary cost-reimbursement services
as provided in RCW 43.42.070;
(((ii))) (B)
The number and type of projects or initiatives where the office provided
services ((and the resolution provided by the office on any conflicts that
arose on such projects;
(iii) The agencies involved on specific projects;
(iv) Specific information on any difficulty encountered in provision
of services, implementation of programs or processes, or use of tools; and
(v) Trend reporting that allows comparisons between statements of
goals and performance targets and the achievement of those goals and targets;
and
(b) Recommendations on system improvements including recommendations
regarding:
(i) Measurement of overall system performance;
(ii) Changes needed to make cost reimbursement, a fully coordinated
permit process, multiagency permitting teams, and other processes effective;
and
(iii) Resolving any conflicts or inconsistencies arising from
differing statutory or regulatory authorities, roles and missions of agencies,
timing and sequencing of permitting and procedural requirements as identified
by the office in the course of its duties)) including the key agencies
with which the office partnered;
(C) Specific information on any difficulty encountered in providing
services or implementing programs, processes, or assistance tools; and
(D) Trend reporting that allows comparisons between statements of
goals and performance targets and the achievement of those goals and targets;
and
(ii) Recommendations on system improvements including, but not limited
to, recommendations on improving environmental permitting by making it more
time efficient and cost-effective for all participants in the process.
Sec. 2. RCW 43.42.050 and 2009 c 97 s 5 are each amended to read as follows:
(1) Upon request of a
project proponent, the office ((shall)) must determine the level
of project scoping needed by the project proponent, taking into consideration
the complexity of the project and the experience of those expected to be
involved in the project application and review process. The director may
require the attendance at a scoping meeting of any state or local agency.
(2) Project scoping ((shall))
must consider the complexity, size, and needs for assistance of the
project and ((shall)) must address as appropriate:
(a) The permits that are required for the project;
(b) The permit application forms and other application requirements of the participating permit agencies;
(c) The specific information needs and issues of concern of each participant and their significance;
(d) Any statutory or regulatory conflicts that might arise from the differing authorities and roles of the permit agencies;
(e) Any natural resources, including federal or state listed species, that might be adversely affected by the project and might cause an alteration of the project or require mitigation; and
(f) The anticipated time required for permit decisions by each participating permit agency, including the estimated time required to determine if the permit application is complete, to conduct environmental review, and to review and process the application. In determining the estimated time required, full consideration must be given to achieving the greatest possible efficiencies through any concurrent studies and any consolidated applications, hearings, and comment periods.
(3) The outcome of the
project scoping ((shall)) must be documented in writing,
furnished to the project proponent, and be made available to the public.
(4) The project scoping
((shall)) must be completed prior to the passage of sixty days of
the project proponent's request for a project scoping unless the director finds
that better results can be obtained by delaying the project scoping meeting or
meetings to ensure full participation.
(5) Upon completion of
the project scoping, the participating permit agencies ((shall)) must
proceed under their respective authorities. The agencies may remain in
communication with the office as needed.
(6) This section does not create an independent cause of action, affect any existing cause of action, or establish time limits for purposes of RCW 64.40.020.
Sec. 3. RCW 43.42.060 and 2009 c 421 s 8 and 2009 c 97 s 6 are each reenacted and amended to read as follows:
(1) A project proponent may submit a written request to the director of the office for participation in a fully coordinated permit process. Designation as a fully coordinated project requires that:
(a) The project proponent enters into a cost-reimbursement agreement pursuant to RCW 43.42.070;
(b) The project has a designation under chapter 43.157 RCW; or
(c) The director determine that (i)(A) the project raises complex coordination, permit processing, or substantive permit review issues; or (B) if completed, the project would provide substantial benefits to the state; and (ii) the office, as well as the participating permit review agencies, have sufficient capacity within existing resources to undertake the full coordination process without reimbursement and without seriously affecting other services.
(2) A project proponent who requests designation as a fully coordinated permit process project must provide the office with a full description of the project. The office may request any information from the project proponent that is necessary to make the designation under this section, and may convene a scoping meeting or a work plan meeting of the likely participating permit agencies.
(3) When a project is
designated for the fully coordinated permit process, the office ((shall))
must serve as the main point of contact for the project proponent and
participating agencies with regard to the permit process for the project as a
whole. Each participating agency must designate a single point of contact
for coordinating with the office. The office ((shall)) must
keep an up‑to‑date project management log and schedule illustrating
required procedural steps in the permitting process, and highlighting
substantive issues as appropriate that must be resolved in order for the
project to move forward. In carrying out these responsibilities, the office ((shall))
must:
(a) Ensure that the project proponent has been informed of all the information needed to apply for the permits that are included in the coordinated permit process;
(b) Coordinate the timing of review for those permits by the respective participating permit agencies;
(c) Facilitate communication between project proponents, consultants, and agency staff to promote timely permit decisions;
(d) Assist in resolving any conflict or inconsistency among the permit requirements and conditions that are expected to be imposed by the participating permit agencies; and
(e) Make contact, at least once, with any local, tribal, or federal jurisdiction that is responsible for issuing a permit for the project and invite them to participate in the coordinated permit process or to receive periodic updates in the project.
(4) Within thirty days,
or longer with agreement of the project proponent, of the date that the office
designates a project for the fully coordinated permit process, it shall convene
a work plan meeting with the project proponent and the participating permit
agencies to develop a coordinated permit process schedule. The meeting agenda
((shall)) may include ((at least)) any of the
following:
(a) Review of the permits that are required for the project;
(b) A review of the permit application forms and other application requirements of the agencies that are participating in the coordinated permit process;
(c) An estimation of the timelines that will be used by each participating permit agency to make permit decisions, including the estimated time periods required to determine if the permit applications are complete and to review or respond to each application or submittal of new information.
(i) The estimation must also include the estimated number of revision cycles for the project, or the typical number of revision cycles for projects of similar size and complexity.
(ii) In the development
of this timeline, full attention ((shall)) must be given to
achieving the maximum efficiencies possible through concurrent studies and
consolidated applications, hearings, and comment periods.
(iii) Estimated action or response times for activities of the office that are required before or trigger further action by a participant must also be included;
(d) Available information regarding the timing of any public hearings that are required to issue permits for the project and a determination of the feasibility of coordinating or consolidating any of those required public hearings; and
(e) A discussion of fee arrangements for the coordinated permit process, including an estimate of the costs allowed by statute, any reimbursable agency costs, and billing schedules, if applicable.
(5) Each agency ((shall))
must send at least one representative qualified to discuss the
applicability and timelines associated with all permits administered by that
agency or jurisdiction. At the request of the project proponent, the office ((shall))
must notify any relevant local or federal agency or federally recognized
Indian tribe of the date of the meeting and invite that agency's participation
in the process.
(6) Any accelerated time
period for the consideration of a permit application ((shall)) must
be consistent with any statute, rule, or regulation, or adopted state policy,
standard, or guideline that requires the participation of other agencies,
federally recognized Indian tribes, or interested persons in the application
process.
(7) If a permit agency
or the project proponent foresees, at any time, that it will be unable to meet
the estimated timelines or other obligations under the agreement, it ((shall))
must notify the office of the reasons for the problem and offer
potential solutions or an amended timeline for resolving the problem. The
office ((shall)) must notify the participating permit agencies
and the project proponent and, upon agreement of all parties, adjust the
schedule, or, if necessary, schedule another work plan meeting.
(8) The project
proponent may withdraw from the coordinated permit process by submitting to the
office a written request that the process be terminated. Upon receipt of the
request, the office ((shall)) must notify each participating
permit agency that a coordinated permit process is no longer applicable to the
project.
Sec. 4. RCW 43.42.070 and 2010 c 162 s 4 are each amended to read as follows:
(1) The office may enter
into cost-reimbursement agreements with a project proponent to recover from the
project proponent the reasonable costs incurred by the office in carrying out
the provisions of ((RCW 43.42.050, 43.42.060, 43.42.090, and 43.42.092))
this chapter. The agreement must include provisions for covering the
costs incurred by the permit agencies that are participating in the cost‑reimbursement
project and carrying out permit processing or project review tasks
referenced in the cost-reimbursement agreement.
(2) The office must
maintain policies or guidelines for coordinating cost-reimbursement agreements
with participating agencies, project proponents, and ((outside))
independent consultants. Policies or guidelines must ensure that, in
developing cost-reimbursement agreements, conflicts of interest are
eliminated. ((Contracts with independent consultants hired by the office
under this section must be based on competitive bids that are awarded for each
agreement from a prequalified consultant roster.)) The policies must
also support effective use of cost-reimbursement resources to address staffing
and capacity limitations as may be relevant within the office or participating
permit agencies.
(3) For fully
coordinated permit processes and priority economic recovery projects
selected pursuant to this section, the office must coordinate the
negotiation of all cost-reimbursement agreements executed under RCW 43.21A.690,
43.30.490, 43.70.630, 43.300.080, and 70.94.085. The office, project
proponent, and ((the)) participating permit agencies must be
signatories to the cost-reimbursement agreement or agreements. Each participating
permit agency must manage performance of its portion of the cost-reimbursement
agreement. Independent consultants hired under a cost-reimbursement agreement
((shall)) must report directly to the hiring office or participating
permit agency. Any cost-reimbursement agreement must require that final
decisions are made by the participating permit agency and not by a hired
independent consultant.
(4) For ((a fully
coordinated project using cost reimbursement, the office and participating
permit agencies must include a cost-reimbursement work plan, including
deliverables and schedules for invoicing and reimbursement in the fully
coordinated project work plan described in RCW 43.42.060. Upon request, the
office must verify that the agencies have met the obligations contained in the
cost-reimbursement work plan and agreement. The cost-reimbursement agreement
must identify the tasks of each agency and the maximum costs for work conducted
under the agreement. The agreement must include a schedule that states:
(a) The estimated number of weeks for initial review of the permit
application for comparable projects;
(b) The anticipated number of revision cycles;
(c) The estimated number of weeks for review of subsequent revision
submittals;
(d) The estimated number of billable hours of employee time;
(e) The rate per hour; and
(f) A process for revision of the agreement if necessary.
(5) If a permit agency or the project proponent foresees, at any time,
that it will be unable to meet its obligations under the cost-reimbursement
agreement and fully coordinated project work plan, it must notify the office
and state the reasons, along with proposals for resolving the problems and
potentially amending the timelines. The office must notify the participating
permit agencies and the project proponent and, upon agreement of all parties,
adjust the schedule, or, if necessary, coordinate revision of the
cost-reimbursement agreement and fully coordinated project work plan)) any
project using cost reimbursement, the cost-reimbursement agreement must require
the office and participating permit agencies to develop and periodically update
a project work plan, which the office must provide on the internet and share
with each party to the agreement.
(5)(a) The cost-reimbursement agreement must identify the proposed
project, the desired outcomes, and the maximum costs for work to be conducted
under the agreement. The desired outcomes must refer to the decision-making
process and may not prejudge or predetermine whether decisions will be to
approve or deny any required permit or other application. Each participating
permit agency must agree to give priority to the cost-reimbursement project but
may in no way reduce or eliminate regulatory requirements as part of the
priority review.
(b) Reasonable costs are determined based on time and materials
estimates with a provision for contingencies, or set as a flat fee tied to a
reasonable estimate of staff hours required.
(c) The cost-reimbursement agreement may include deliverables and
schedules for invoicing and reimbursement. The office may require advance
payment of some or all of the agreed reimbursement, to be held in reserve and
distributed to participating permit agencies and the office upon approval of
invoices by the project proponent. The project proponent has thirty days to
request additional information or challenge an invoice. If an invoice is
challenged, the office must respond and attempt to resolve the challenge within
thirty days. If the office is unable to resolve the challenge within thirty
days, the challenge must be submitted to the office of financial management. A
decision on such a challenge must be made by the office of financial management
and approved by the director of the office of financial management and is
binding on the parties.
(d) Upon request, the office must verify whether participating permit
agencies have met the obligations contained in the project work plan and
cost-reimbursement agreement.
(6) If a party to the cost-reimbursement agreement foresees, at any
time, that it will be unable to meet its obligations under the agreement, it
must notify the office and state the reasons, along with proposals for
resolving the problems. The office must notify the other parties to the
cost-reimbursement agreement and seek to resolve the problems by adjusting
invoices, deliverables, or the project work plan, or through some other
accommodation.
Sec. 5. RCW 43.42.095 and 2010 c 162 s 5 are each amended to read as follows:
The multiagency
permitting team account is created in the ((state treasury. All receipts from
solicitations authorized in RCW 43.42.092 must be deposited into the account.
Moneys in the account may be spent only after appropriation. Expenditures from
the account may be used only for covering the initial administrative costs of
multiagency permitting teams and such other costs associated with the teams as
may arise that are not recoverable through cost-reimbursement or cost-sharing
mechanisms)) custody of the state treasurer. All receipts from
cost-reimbursement agreements authorized in RCW 43.42.070 and solicitations
authorized in RCW 43.42.092 must be deposited into the account. Expenditures
from the account may be used only for covering staffing, consultant,
technology, and other administrative costs of multiagency permitting teams and
other costs associated with multiagency project review and management that may
arise. Only the director of the office of regulatory assistance or the
director's designee may authorize expenditures from the account. The account
is subject to allotment procedures under chapter 43.88 RCW, but an
appropriation is not required for expenditures.
Sec. 6. RCW 43.79A.040 and 2011 1st sp.s. c 37 s 603 are each amended to read as follows:
(1) Money in the treasurer's trust fund may be deposited, invested, and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury, and may be commingled with moneys in the state treasury for cash management and cash balance purposes.
(2) All income received from investment of the treasurer's trust fund must be set aside in an account in the treasury trust fund to be known as the investment income account.
(3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments must occur prior to distribution of earnings set forth in subsection (4) of this section.
(4)(a) Monthly, the state treasurer must distribute the earnings credited to the investment income account to the state general fund except under (b), (c), and (d) of this subsection.
(b) The following accounts and funds must receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The Washington promise scholarship account, the college savings program account, the Washington advanced college tuition payment program account, the accessible communities account, the community and technical college innovation account, the agricultural local fund, the American Indian scholarship endowment fund, the foster care scholarship endowment fund, the foster care endowed scholarship trust fund, the students with dependents grant account, the basic health plan self-insurance reserve account, the contract harvesting revolving account, the Washington state combined fund drive account, the commemorative works account, the county enhanced 911 excise tax account, the Washington international exchange scholarship endowment fund, the toll collection account, the developmental disabilities endowment trust fund, the energy account, the fair fund, the family leave insurance account, the food animal veterinarian conditional scholarship account, the fruit and vegetable inspection account, the future teachers conditional scholarship account, the game farm alternative account, the GET ready for math and science scholarship account, the Washington global health technologies and product development account, the grain inspection revolving fund, the industrial insurance rainy day fund, the juvenile accountability incentive account, the law enforcement officers' and firefighters' plan 2 expense fund, the local tourism promotion account, the multiagency permitting team account, the pilotage account, the produce railcar pool account, the regional transportation investment district account, the rural rehabilitation account, the stadium and exhibition center account, the youth athletic facility account, the self-insurance revolving fund, the sulfur dioxide abatement account, the children's trust fund, the Washington horse racing commission Washington bred owners' bonus fund and breeder awards account, the Washington horse racing commission class C purse fund account, the individual development account program account, the Washington horse racing commission operating account (earnings from the Washington horse racing commission operating account must be credited to the Washington horse racing commission class C purse fund account), the life sciences discovery fund, the Washington state heritage center account, the reduced cigarette ignition propensity account, and the reading achievement account.
(c) The following accounts and funds must receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The advanced right-of-way revolving fund, the advanced environmental mitigation revolving account, the federal narcotics asset forfeitures account, the high occupancy vehicle account, the local rail service assistance account, and the miscellaneous transportation programs account.
(d) Any state agency that has independent authority over accounts or funds not statutorily required to be held in the custody of the state treasurer that deposits funds into a fund or account in the custody of the state treasurer pursuant to an agreement with the office of the state treasurer shall receive its proportionate share of earnings based upon each account's or fund's average daily balance for the period.
(5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section.
Sec. 7. RCW 43.84.092 and 2011 1st sp.s. c 16 s 6, 2011 1st sp.s. c 7 s 22, 2011 c 369 s 6, 2011 c 339 s 1, 2011 c 311 s 9, 2011 c 272 s 3, 2011 c 120 s 3, and 2011 c 83 s 7 are each reenacted and amended to read as follows:
(1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:
(a) The following
accounts and funds shall receive their proportionate share of earnings based
upon each account's and fund's average daily balance for the period: The
aeronautics account, the aircraft search and rescue account, the budget
stabilization account, the capital vessel replacement account, the capitol
building construction account, the Cedar River channel construction and
operation account, the Central Washington University capital projects account,
the charitable, educational, penal and reformatory institutions account, the
cleanup settlement account, the Columbia river basin water supply development
account, the Columbia river basin taxable bond water supply development
account, the Columbia river basin water supply revenue recovery account, the
common school construction fund, the county arterial preservation account, the
county criminal justice assistance account, the county sales and use tax
equalization account, the deferred compensation administrative account, the
deferred compensation principal account, the department of licensing services
account, the department of retirement systems expense account, the
developmental disabilities community trust account, the drinking water
assistance account, the drinking water assistance administrative account, the
drinking water assistance repayment account, the Eastern Washington University
capital projects account, the Interstate 405 express toll lanes operations
account, the education construction fund, the education legacy trust account,
the election account, the energy freedom account, the energy recovery act
account, the essential rail assistance account, The Evergreen State College
capital projects account, the federal forest revolving account, the ferry bond
retirement fund, the freight congestion relief account, the freight mobility
investment account, the freight mobility multimodal account, the grade crossing
protective fund, the public health services account, the health system capacity
account, the high capacity transportation account, the state higher education
construction account, the higher education construction account, the highway
bond retirement fund, the highway infrastructure account, the highway safety
account, the high occupancy toll lanes operations account, the hospital safety
net assessment fund, the industrial insurance premium refund account, the
judges' retirement account, the judicial retirement administrative account, the
judicial retirement principal account, the local leasehold excise tax account,
the local real estate excise tax account, the local sales and use tax account,
the marine resources stewardship trust account, the medical aid account, the
mobile home park relocation fund, the motor vehicle fund, the motorcycle safety
education account, ((the multiagency permitting team account,)) the
multimodal transportation account, the municipal criminal justice assistance
account, the municipal sales and use tax equalization account, the natural
resources deposit account, the oyster reserve land account, the pension funding
stabilization account, the perpetual surveillance and maintenance account, the
public employees' retirement system plan 1 account, the public employees'
retirement system combined plan 2 and plan 3 account, the public facilities
construction loan revolving account beginning July 1, 2004, the public health
supplemental account, the public transportation systems account, the public
works assistance account, the Puget Sound capital construction account, the
Puget Sound ferry operations account, the Puyallup tribal settlement account,
the real estate appraiser commission account, the recreational vehicle account,
the regional mobility grant program account, the resource management cost
account, the rural arterial trust account, the rural mobility grant program
account, the rural Washington loan fund, the site closure account, the skilled
nursing facility safety net trust fund, the small city pavement and sidewalk
account, the special category C account, the special wildlife account, the
state employees' insurance account, the state employees' insurance reserve
account, the state investment board expense account, the state investment board
commingled trust fund accounts, the state patrol highway account, the state
route number 520 civil penalties account, the state route number 520 corridor
account, the state wildlife account, the supplemental pension account, the
Tacoma Narrows toll bridge account, the teachers' retirement system plan 1
account, the teachers' retirement system combined plan 2 and plan 3 account,
the tobacco prevention and control account, the tobacco settlement account, the
transportation 2003 account (nickel account), the transportation equipment
fund, the transportation fund, the transportation improvement account, the
transportation improvement board bond retirement account, the transportation
infrastructure account, the transportation partnership account, the traumatic
brain injury account, the tuition recovery trust fund, the University of
Washington bond retirement fund, the University of Washington building account,
the volunteer firefighters' and reserve officers' relief and pension principal
fund, the volunteer firefighters' and reserve officers' administrative fund,
the Washington judicial retirement system account, the Washington law
enforcement officers' and firefighters' system plan 1 retirement account, the
Washington law enforcement officers' and firefighters' system plan 2 retirement
account, the Washington public safety employees' plan 2 retirement account, the
Washington school employees' retirement system combined plan 2 and 3 account,
the Washington state economic development commission account, the Washington
state health insurance pool account, the Washington state patrol retirement
account, the Washington State University building account, the Washington State
University bond retirement fund, the water pollution control revolving fund,
and the Western Washington University capital projects account. Earnings
derived from investing balances of the agricultural permanent fund, the normal
school permanent fund, the permanent common school fund, the scientific
permanent fund, and the state university permanent fund shall be allocated to
their respective beneficiary accounts.
(b) Any state agency that has independent authority over accounts or funds not statutorily required to be held in the state treasury that deposits funds into a fund or account in the state treasury pursuant to an agreement with the office of the state treasurer shall receive its proportionate share of earnings based upon each account's or fund's average daily balance for the period.
(5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.
NEW SECTION. Sec. 8. A new section is added to chapter 43.42 RCW to read as follows:
Within available funds, the office of regulatory assistance may certify permit processes at the local level as streamlined processes. In developing the certification program, the director must work with local jurisdictions to establish the criteria and the process for certification. Jurisdictions with permit processes certified as streamlined may receive priority in receipt of state funds for infrastructure projects.
Sec. 9. RCW 43.155.070 and 2009 c 518 s 16 are each amended to read as follows:
(1) To qualify for loans or pledges under this chapter the board must determine that a local government meets all of the following conditions:
(a) The city or county must be imposing a tax under chapter 82.46 RCW at a rate of at least one-quarter of one percent;
(b) The local government must have developed a capital facility plan; and
(c) The local government must be using all local revenue sources which are reasonably available for funding public works, taking into consideration local employment and economic factors.
(2) Except where necessary to address a public health need or substantial environmental degradation, a county, city, or town planning under RCW 36.70A.040 must have adopted a comprehensive plan, including a capital facilities plan element, and development regulations as required by RCW 36.70A.040. This subsection does not require any county, city, or town planning under RCW 36.70A.040 to adopt a comprehensive plan or development regulations before requesting or receiving a loan or loan guarantee under this chapter if such request is made before the expiration of the time periods specified in RCW 36.70A.040. A county, city, or town planning under RCW 36.70A.040 which has not adopted a comprehensive plan and development regulations within the time periods specified in RCW 36.70A.040 is not prohibited from receiving a loan or loan guarantee under this chapter if the comprehensive plan and development regulations are adopted as required by RCW 36.70A.040 before submitting a request for a loan or loan guarantee.
(3) In considering
awarding loans for public facilities to special districts requesting funding
for a proposed facility located in a county, city, or town planning under RCW
36.70A.040, the board ((shall)) must consider whether the county,
city, or town planning under RCW 36.70A.040 in whose planning jurisdiction the
proposed facility is located has adopted a comprehensive plan and development
regulations as required by RCW 36.70A.040.
(4) The board ((shall))
must develop a priority process for public works projects as provided in
this section. The intent of the priority process is to maximize the value of
public works projects accomplished with assistance under this chapter. The
board ((shall)) must attempt to assure a geographical balance in
assigning priorities to projects. The board ((shall)) must
consider at least the following factors in assigning a priority to a project:
(a) Whether the local government receiving assistance has experienced severe fiscal distress resulting from natural disaster or emergency public works needs;
(b) Except as otherwise conditioned by RCW 43.155.110, whether the entity receiving assistance is a Puget Sound partner, as defined in RCW 90.71.010;
(c) Whether the project is referenced in the action agenda developed by the Puget Sound partnership under RCW 90.71.310;
(d) Whether the project is critical in nature and would affect the health and safety of a great number of citizens;
(e) Whether the
applicant's permitting process has been certified as streamlined by the office
of regulatory assistance;
(f) Whether the applicant has developed and adhered to guidelines
regarding its permitting process for those applying for development permits
consistent with section 1(2), chapter 231, Laws of 2007;
(((f))) (g)
The cost of the project compared to the size of the local government and amount
of loan money available;
(((g))) (h)
The number of communities served by or funding the project;
(((h))) (i)
Whether the project is located in an area of high unemployment, compared to the
average state unemployment;
(((i))) (j)
Whether the project is the acquisition, expansion, improvement, or renovation
by a local government of a public water system that is in violation of health
and safety standards, including the cost of extending existing service to such
a system;
(((j))) (k)
Except as otherwise conditioned by RCW 43.155.120, and effective one calendar
year following the development of model evergreen community management plans
and ordinances under RCW 35.105.050, whether the entity receiving assistance
has been recognized, and what gradation of recognition was received, in the
evergreen community recognition program created in RCW 35.105.030;
(((k))) (l)
The relative benefit of the project to the community, considering the present
level of economic activity in the community and the existing local capacity to
increase local economic activity in communities that have low economic growth;
and
(((l))) (m)
Other criteria that the board considers advisable.
(5) Existing debt or
financial obligations of local governments ((shall)) may not be
refinanced under this chapter. Each local government applicant ((shall))
must provide documentation of attempts to secure additional local or
other sources of funding for each public works project for which financial
assistance is sought under this chapter.
(6) Before November 1st
of each even-numbered year, the board ((shall)) must develop and
submit to the appropriate fiscal committees of the senate and house of
representatives a description of the loans made under RCW 43.155.065,
43.155.068, and subsection (9) of this section during the preceding fiscal year
and a prioritized list of projects which are recommended for funding by the
legislature, including one copy to the staff of each of the committees. The
list ((shall)) must include, but not be limited to, a description
of each project and recommended financing, the terms and conditions of the loan
or financial guarantee, the local government jurisdiction and unemployment
rate, demonstration of the jurisdiction's critical need for the project and
documentation of local funds being used to finance the public works project.
The list ((shall)) must also include measures of fiscal capacity
for each jurisdiction recommended for financial assistance, compared to
authorized limits and state averages, including local government sales taxes;
real estate excise taxes; property taxes; and charges for or taxes on sewerage,
water, garbage, and other utilities.
(7) The board ((shall))
may not sign contracts or otherwise financially obligate funds from the
public works assistance account before the legislature has appropriated funds
for a specific list of public works projects. The legislature may remove
projects from the list recommended by the board. The legislature ((shall))
may not change the order of the priorities recommended for funding by
the board.
(8) Subsection (7) of this section does not apply to loans made under RCW 43.155.065, 43.155.068, and subsection (9) of this section.
(9) Loans made for the
purpose of capital facilities plans ((shall be)) are exempted
from subsection (7) of this section.
(10) To qualify for loans or pledges for solid waste or recycling facilities under this chapter, a city or county must demonstrate that the solid waste or recycling facility is consistent with and necessary to implement the comprehensive solid waste management plan adopted by the city or county under chapter 70.95 RCW.
(11) After January 1, 2010, any project designed to address the effects of storm water or wastewater on Puget Sound may be funded under this section only if the project is not in conflict with the action agenda developed by the Puget Sound partnership under RCW 90.71.310.
Sec. 10. RCW 43.160.060 and 2008 c 327 s 5 are each amended to read as follows:
(1) The board is authorized to make direct loans to political subdivisions of the state and to federally recognized Indian tribes for the purposes of assisting the political subdivisions and federally recognized Indian tribes in financing the cost of public facilities, including development of land and improvements for public facilities, project-specific environmental, capital facilities, land use, permitting, feasibility, and marketing studies and plans; project design, site planning, and analysis; project debt and revenue impact analysis; as well as the construction, rehabilitation, alteration, expansion, or improvement of the facilities. A grant may also be authorized for purposes designated in this chapter, but only when, and to the extent that, a loan is not reasonably possible, given the limited resources of the political subdivision or the federally recognized Indian tribe and the finding by the board that financial circumstances require grant assistance to enable the project to move forward. However, no more than twenty-five percent of all financial assistance approved by the board in any biennium may consist of grants to political subdivisions and federally recognized Indian tribes.
(2) Application for funds ((shall)) must be
made in the form and manner as the board may prescribe. In making grants or
loans the board ((shall)) must conform to the following
requirements:
(((1))) (a)
The board ((shall)) may not provide financial assistance:
(((a))) (i)
For a project the primary purpose of which is to facilitate or promote a retail
shopping development or expansion.
(((b))) (ii)
For any project that evidence exists would result in a development or expansion
that would displace existing jobs in any other community in the state.
(((c))) (iii)
For a project the primary purpose of which is to facilitate or promote
gambling.
(((d))) (iv)
For a project located outside the jurisdiction of the applicant political
subdivision or federally recognized Indian tribe.
(((2))) (b)
The board ((shall)) may only provide financial assistance:
(((a))) (i)
For a project demonstrating convincing evidence that a specific private
development or expansion is ready to occur and will occur only if the public
facility improvement is made that:
(((i))) (A)
Results in the creation of significant private sector jobs or significant
private sector capital investment as determined by the board and is consistent
with the state comprehensive economic development plan developed by the Washington
economic development commission pursuant to chapter 43.162 RCW, once the plan
is adopted; and
(((ii))) (B)
Will improve the opportunities for the successful maintenance, establishment,
or expansion of industrial or commercial plants or will otherwise assist in the
creation or retention of long-term economic opportunities;
(((b))) (ii)
For a project that cannot meet the requirement of (((a))) (b)(i)
of this subsection but is a project that:
(((i))) (A)
Results in the creation of significant private sector jobs or significant
private sector capital investment as determined by the board and is consistent
with the state comprehensive economic development plan developed by the
Washington economic development commission pursuant to chapter 43.162 RCW, once
the plan is adopted;
(((ii))) (B)
Is part of a local economic development plan consistent with applicable state
planning requirements;
(((iii))) (C)
Can demonstrate project feasibility using standard economic principles; and
(((iv))) (D)
Is located in a rural community as defined by the board, or a rural county;
(((c))) (iii)
For site-specific plans, studies, and analyses that address environmental
impacts, capital facilities, land use, permitting, feasibility, marketing,
project engineering, design, site planning, and project debt and revenue
impacts, as grants not to exceed fifty thousand dollars.
(((3))) (c)
The board ((shall)) must develop guidelines for local
participation and allowable match and activities.
(((4))) (d)
An application must demonstrate local match and local participation, in
accordance with guidelines developed by the board.
(((5))) (e)
An application must be approved by the political subdivision and supported by
the local associate development organization or local workforce development
council or approved by the governing body of the federally recognized Indian
tribe.
(((6))) (f)
The board may allow de minimis general system improvements to be funded if they
are critically linked to the viability of the project.
(((7))) (g)
An application must demonstrate convincing evidence that the median hourly wage
of the private sector jobs created after the project is completed will exceed
the countywide median hourly wage.
(((8))) (h)
The board ((shall)) must prioritize each proposed project
according to:
(((a))) (i)
The relative benefits provided to the community by the jobs the project would
create, not just the total number of jobs it would create after the project is
completed, but also giving consideration to the unemployment rate in the area
in which the jobs would be located;
(((b))) (ii)
The rate of return of the state's investment, including, but not limited to,
the leveraging of private sector investment, anticipated job creation and
retention, and expected increases in state and local tax revenues associated
with the project;
(((c))) (iii)
Whether the proposed project offers a health insurance plan for employees that
includes an option for dependents of employees;
(((d))) (iv)
Whether the public facility investment will increase existing capacity
necessary to accommodate projected population and employment growth in a manner
that supports infill and redevelopment of existing urban or industrial areas
that are served by adequate public facilities. Projects should maximize the
use of existing infrastructure and provide for adequate funding of necessary
transportation improvements; ((and
(e))) (v) Whether the applicant's permitting process has been
certified as streamlined by the office of regulatory assistance; and
(vi) Whether the applicant has developed and adhered to guidelines
regarding its permitting process for those applying for development permits
consistent with section 1(2), chapter 231, Laws of 2007.
(((9))) (i)
A responsible official of the political subdivision or the federally recognized
Indian tribe ((shall)) must be present during board deliberations
and provide information that the board requests.
(3) Before any financial assistance application is approved, the political subdivision or the federally recognized Indian tribe seeking the assistance must demonstrate to the community economic revitalization board that no other timely source of funding is available to it at costs reasonably similar to financing available from the community economic revitalization board."
Correct the title.
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
Senator Kastama moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6359.
Senators Kastama and Baumgartner spoke in favor of the motion.
The President declared the question before the Senate to be the motion by Senator Kastama that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6359.
The motion by Senator Kastama carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6359 by voice vote.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6359, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6359, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 9; Absent, 0; Excused, 0.
Voting yea: Senators Baumgartner, Becker, Benton, Brown, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Kastama, Keiser, Kilmer, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Pflug, Prentice, Pridemore, Ranker, Regala, Rolfes, Sheldon, Shin, Swecker, Tom and Zarelli
Voting nay: Senators Carrell, Holmquist Newbry, Honeyford, King, Padden, Parlette, Roach, Schoesler and Stevens
SUBSTITUTE SENATE BILL NO. 6359, 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
On motion of Senator Harper, Senators Prentice and Ranker were excused.
MESSAGE FROM THE HOUSE
February 27, 2012
MR. PRESIDENT:
The House passed SECOND SUBSTITUTE SENATE BILL NO. 5355 with the following amendment(s): 5355-S2 AMH ENGR H4407.E
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 42.30.080 and 2005 c 273 s 1 are each amended to read as follows:
(1) A special meeting may be called at any time by the
presiding officer of the governing body of a public agency or by a majority of
the members of the governing body by delivering written notice personally, by
mail, by fax, or by electronic mail to each member of the governing body((;
and)).
(2) Notice of a special meeting called under subsection (1) of this
section shall be:
(a) Delivered to each local newspaper of general circulation and
((to each)) local radio or television station ((which)) that
has on file with the governing body a written request to be notified of such
special meeting or of all special meetings;
(b) Posted on the agency's web site, if any, unless an agency has
insufficient qualified personnel, as defined by a job description or existing
contract, to update the web site; and
(c) Prominently displayed at the main entrance of the agency's
principal location and the meeting site if it is not held at the agency's
principal location.
Such notice must be
delivered ((personally, by mail, by fax, or by electronic mail)) or
posted, as applicable, at least twenty-four hours before the time of such
meeting as specified in the notice.
(3) The call and
notices required under subsections (1) and (2) of this section shall
specify the time and place of the special meeting and the business to be
transacted. Final disposition shall not be taken on any other matter at such
meetings by the governing body. ((Such written notice may be dispensed with
as to any member who at or prior to the time the meeting convenes files with
the clerk or secretary of the governing body a written waiver of notice. Such
waiver may be given by telegram, by fax, or electronic mail. Such written
notice may also be dispensed with as to any member who is actually present at the
meeting at the time it convenes.))
(4) The notices provided in this section may be dispensed with in the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage."
Correct the title.
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
Senator Swecker moved that the Senate refuse to concur in the House amendment(s) to Second Substitute Senate Bill No. 5355 and ask the House to recede therefrom.
Senators Swecker and Morton spoke in favor of the motion.
The President declared the question before the Senate to be the motion by Senator Swecker that the Senate refuse to concur in the House amendment(s) to Second Substitute Senate Bill No. 5355 and ask the House to recede therefrom.
The motion by Senator Swecker carried and the Senate refused to concur in the House amendment(s) to Second Substitute Senate Bill No. 5355 and asked the House to recede therefrom by voice vote.
MESSAGE FROM THE HOUSE
February 27, 2012
MR. PRESIDENT:
The House passed SUBSTITUTE SENATE BILL NO. 5997 with the following amendment(s): 5997-S AMH HALE MATH 186; 5997-S AMH HALE MATH 183
On page 2, line 5, after "interests." Insert "Policy advisory board members shall serve four-year terms and are eligible for reappointment."
On page 1, line 17, after "members" insert ", who serve at the pleasure of the governor,"
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. 5997.
Senator Hargrove spoke in favor of the motion.
MOTION
On motion of Senator Harper, Senators Eide and Haugen were excused.
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. 5997.
The motion by Senator Hargrove carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5997 by voice vote.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5997, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5997, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 5; Absent, 0; Excused, 3.
Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Hewitt, Hill, Hobbs, Kastama, Keiser, Kilmer, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Parlette, Pflug, Pridemore, Regala, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli
Voting nay: Senators Holmquist Newbry, Honeyford, King, Padden and Roach
Excused: Senators Haugen, Prentice and Ranker
SUBSTITUTE SENATE BILL NO. 5997, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MESSAGE FROM THE HOUSE
March 1, 2012
MR. PRESIDENT:
The House passed SUBSTITUTE SENATE BILL NO. 6116 with the following amendment(s): 6116-S AMH ENGR H4399.E
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 70.05 RCW to read as follows:
(1) A local board of health in the twelve counties bordering Puget Sound implementing an on-site sewage program management plan may:
(a) Impose and collect reasonable rates or charges in an amount sufficient to pay for the actual costs of administration and operation of the on-site sewage program management plan; and
(b) Contract with the county treasurer to collect the rates or charges imposed under this section in accordance with RCW 84.56.035.
(2) In executing the provisions in subsection (1) of this section, a local board of health does not have the authority to impose a lien on real property for failure to pay rates and charges imposed by this section.
(3) Nothing in this section provides a local board of health with the ability to impose and collect rates and charges related to the implementation of an on-site sewage program management plan beyond those powers currently designated under RCW 70.05.060(7)."
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
Senator Pridemore moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6116.
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 Substitute Senate Bill No. 6116.
The motion by Senator Pridemore carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6116 by voice vote.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6116, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6116, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 34; Nays, 13; Absent, 0; Excused, 2.
Voting yea: Senators Baumgartner, Brown, Chase, Conway, Eide, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Kastama, Keiser, Kilmer, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Parlette, Pflug, Pridemore, Regala, Rolfes, Sheldon, Shin, Swecker and Tom
Voting nay: Senators Becker, Benton, Carrell, Delvin, Ericksen, Holmquist Newbry, Honeyford, King, Padden, Roach, Schoesler, Stevens and Zarelli
Excused: Senators Prentice and Ranker
SUBSTITUTE SENATE BILL NO. 6116, 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
On motion of Senator Harper, Senators Kline, Nelson and Pridemore were excused.
MESSAGE FROM THE HOUSE
March 1, 2012
MR. PRESIDENT:
The House passed ENGROSSED SENATE BILL NO. 6155 with the following amendment(s): 6155.E AMH KELL SILV 203
Strike everything after the enacting clause and insert the following:
“Sec. 1. RCW 18.28.010 and 1999 c 151 s 101 are each amended to read as follows:
Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter shall have the following meanings:
(1) "Debt adjusting" means the managing, counseling, settling, adjusting, prorating, or liquidating of the indebtedness of a debtor, or receiving funds for the purpose of distributing said funds among creditors in payment or partial payment of obligations of a debtor.
(2) "Debt adjuster", which includes any person known as a debt pooler, debt manager, debt consolidator, debt prorater, or credit counselor, is any person engaging in or holding himself or herself out as engaging in the business of debt adjusting for compensation. The term shall not include:
(a) Attorneys-at-law, escrow agents, accountants, broker-dealers in securities, or investment advisors in securities, while performing services solely incidental to the practice of their professions;
(b) Any person, partnership,
association, or corporation doing business under and as permitted by any law of
this state or of the United States relating to banks, consumer finance
businesses, consumer loan companies, trust companies, mutual savings banks,
savings and loan associations, building and loan associations, credit unions,
crop credit associations, development credit corporations, industrial
development corporations, title insurance companies, ((or)) insurance
companies, or third-party account administrators;
(c) Persons who, as employees on a regular salary or wage of an employer not engaged in the business of debt adjusting, perform credit services for their employer;
(d) Public officers while acting in their official capacities and persons acting under court order;
(e) Any person while performing services incidental to the dissolution, winding up or liquidation of a partnership, corporation, or other business enterprise;
(f) Nonprofit organizations dealing exclusively with debts owing from commercial enterprises to business creditors;
(g) Nonprofit organizations engaged in debt adjusting and which do not assess against the debtor a service charge in excess of fifteen dollars per month.
(3) "Debt adjusting agency" is any partnership, corporation, or association engaging in or holding itself out as engaging in the business of debt adjusting.
(4) "Financial
institution" means any person doing business under the laws of any state
or the United States relating to commercial banks, bank holding companies,
savings banks, savings and loan associations, trust companies, or credit
unions.
(5) "Third-party account administrator" means an independent
entity that holds or administers a dedicated bank account for fees and payments
to creditors, debt collectors, debt adjusters, or debt adjusting agencies in
connection with the renegotiation, settlement, reduction, or other alteration
of the terms of payment or other terms of a debt.
Sec. 2. RCW 18.28.080 and 1999 c 151 s 102 are each amended to read as follows:
(1) By contract a debt adjuster may charge a reasonable fee for debt adjusting services. The total fee for debt adjusting services, including, but not limited to, any fee charged by a financial institution or a third-party account administrator, may not exceed fifteen percent of the total debt listed by the debtor on the contract. The fee retained by the debt adjuster from any one payment made by or on behalf of the debtor may not exceed fifteen percent of the payment. The debt adjuster may make an initial charge of up to twenty-five dollars which shall be considered part of the total fee. If an initial charge is made, no additional fee may be retained which will bring the total fee retained to date to more than fifteen percent of the total payments made to date. No fee whatsoever shall be applied against rent and utility payments for housing.
In the event of cancellation or default on performance of the contract by the debtor prior to its successful completion, the debt adjuster may collect in addition to fees previously received, six percent of that portion of the remaining indebtedness listed on said contract which was due when the contract was entered into, but not to exceed twenty-five dollars.
(2) A debt adjuster shall not be entitled to retain any fee until notifying all creditors listed by the debtor that the debtor has engaged the debt adjuster in a program of debt adjusting.
(3) The department of financial institutions has authority to enforce compliance with this section.
NEW SECTION. Sec. 3. A new section is added to chapter 19.230 RCW to read as follows:
(1) A third-party account administrator must be licensed as a money transmitter under this chapter and comply with the following additional requirements:
(a) A debtor's funds must be held in an account at an insured financial institution;
(b) A debtor owns the funds held in the account and must be paid accrued interest on the account, if any;
(c) A third-party account administrator may not be owned or controlled by, or in any way affiliated with, a debt adjuster;
(d) A third-party account administrator may not give or accept any money or other compensation in exchange for referrals of business involving a debt adjuster;
(e) A debtor may withdraw from the service provided by a third- party account administrator at any time without penalty and must receive all funds in the account, other than funds earned by a debt adjuster in compliance with chapter 18.28 RCW, within seven business days of the debtor's request; and
(f) A contract between a third-party account administrator and a debtor must disclose in precise terms the rate and amount of all charges and fees. In addition, the contract must include a statement that is substantially similar to the following: "Under the Washington Debt Adjusting Act, the total fees you are charged for debt adjusting services may not exceed fifteen percent of the total amount of debt you listed on your contract with the debt adjuster. This includes fees charged by a debt adjuster, a third-party account administrator, and a financial institution." The disclosures required by this subsection (1)(f) must be on the front page of the contract and must be in at least twelve-point type.
(2) The legislature finds and declares that any violation of this section substantially affects the public interest and is an unfair and deceptive act or practice and unfair method of competition in the conduct of trade or commerce as set forth in RCW 19.86.020. In addition to all remedies available in chapter 19.86 RCW, a person injured by a violation of this section may bring a civil action to recover the actual damages proximately caused by a violation of this section, or one thousand dollars, whichever is greater.
(3) For purposes of this section and section 4 of this act:
(a) "Debt adjuster" has the same meaning as defined in RCW 18.28.010;
(b) "Third-party account administrator" means an independent entity that holds or administers a dedicated bank account for fees and payments to creditors, debt collectors, debt adjusters, or debt adjusting agencies in connection with the renegotiation, settlement, reduction, or other alteration of the terms of payment or other terms of a debt. "Third-party account administrator" does not include an entity that is otherwise exempt from this chapter under RCW 19.230.020.
NEW SECTION. Sec. 4. A new section is added to chapter 19.230 RCW to read as follows:
(1) A third-party account administrator shall maintain the following records for at least five years:
(a) All contracts the third-party account administrator has entered into with debtors and debt adjusters;
(b) Account statements identifying and itemizing deposits, transfers, disbursements, and fees; and
(c) Any other records required in rule by the director.
(2) All records maintained by the third-party account administrator are open to inspection by the director or the director's designee.
NEW SECTION. Sec. 5. (1) Any person or entity that provides debt adjusting services, as defined in RCW 18.28.010, in this state shall provide the following information to the department of financial institutions by September 1, 2012:
(a) The percentage of Washington debtors for whom the debt adjuster provides or provided debt adjusting services in the previous three years who cancelled, terminated, or otherwise stopped using the debt adjuster's services without settlement of all of the debtor’s debts;
(b) The total fees collected from Washington debtors during the previous three years; and
(c) For each debtor for whom the debt adjuster provides debt adjusting services:
(i) The number of debts included in the contract between the debt adjuster and the debtor;
(ii) The principal amount of each debt at the time the contract was signed;
(iii) Whether each debt is active, terminated, or settled;
(iv) If a debt has been settled, the settlement amount of the debt and the savings amount; and
(v) The total fees charged to the debtor and how the fees were calculated.
(2) The department of financial institutions shall submit a report to the appropriate committees of the legislature summarizing the information received under subsection (1) of this section by December 1, 2012.
NEW SECTION. Sec. 6. 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."
Correct the title.
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
Senator Hobbs moved that the Senate concur in the House amendment(s) to Engrossed Senate Bill No. 6155.
Senator Hobbs spoke in favor of the motion.
The President declared the question before the Senate to be the motion by Senator Hobbs that the Senate concur in the House amendment(s) to Engrossed Senate Bill No. 6155.
The motion by Senator Hobbs carried and the Senate concurred in the House amendment(s) to Engrossed Senate Bill No. 6155 by voice vote.
The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 6155, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6155, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Padden, Parlette, Pflug, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli
Excused: Senators Nelson, Prentice, Pridemore and Ranker
ENGROSSED SENATE BILL NO. 6155, 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
February 27, 2012
MR. PRESIDENT:
The House passed SUBSTITUTE SENATE BILL NO. 6242 with the following amendment(s): 6242-S AMH BFS H4362.1
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 48.120.005 and 2008 c 217 s 94 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) (("Communications
equipment" means handsets, pagers, personal digital assistants, portable
computers, automatic answering devices, batteries, and their accessories or
other devices used to originate or receive communications signals or service
approved for coverage by rule of the commissioner, and also includes services
related to the use of the devices.)) "Portable electronics"
means personal, self-contained, easily carried by an individual,
battery-operated electronic communication, viewing, listening, recording,
gaming, computing or global positioning devices and other similar devices and
their accessories, and service related to the use of such devices.
(2) "((Communications
equipment)) Portable electronics insurance program" means an
insurance program as described in RCW 48.120.015.
(3) (("Communications
service" means the service necessary to send, receive, or originate
communications signals)) "Portable electronics transaction"
means the sale or lease of portable electronics or the sale of a service
related to the use of portable electronics by a vendor to a customer.
(4) "Customer"
means a person ((or entity purchasing or leasing communications equipment or
communications services from)) that enters into a portable electronics
transaction with a vendor.
(5) "Specialty producer license" means a license issued under RCW 48.120.010 that authorizes a vendor to offer or sell insurance as provided in RCW 48.120.015.
(6) "Supervising ((agent))
person" means a licensed insurer or an appointed insurance
producer licensed under RCW 48.17.090 who provides training as described in RCW
48.120.020 and is ((affiliated to a licensed vendor)) appointed by an
insurer to supervise the administration of a portable electronics insurance
program.
(7) "Vendor"
means a person ((or entity resident or with offices in this state)) in
the business of ((leasing, selling, or providing communications equipment or
communications service to customers)), directly or indirectly, engaging
in portable electronics transactions.
(8) "Appointing insurer" means the insurer appointing the vendor as its agent under a specialty producer license.
(9) "Federal
securities law" means the securities act of 1933, the securities exchange
act of 1934, and the investment company act of 1940.
(10) "Location" means any physical locale in this state and
any web site, call center site, or similar site directed to residents of this
state.
Sec. 2. RCW 48.120.010 and 2008 c 217 s 95 are each amended to read as follows:
(1) A vendor that intends to offer insurance under RCW 48.120.015 must file a specialty producer license application with the commissioner. Before the commissioner issues such a license, the vendor must be appointed as the insurance producer of one or more authorized appointing insurers under a vendor's specialty producer license.
(2) Upon receipt of an application, if the commissioner is satisfied that the application is complete, the commissioner may issue a specialty producer license to the vendor.
(3) An application for licensure pursuant to this section must conform to the requirements of chapter 48.17 RCW. However, information with respect to an applicant's officers, directors, and shareholders of record having beneficial ownership of ten percent or more of any class of securities registered under federal securities law may only be required if the vendor derives more than fifty percent of its revenue from the sale of portable electronics insurance.
Sec. 3. RCW 48.120.015 and 2002 c 357 s 3 are each amended to read as follows:
(1) A specialty producer license authorizes a vendor and
its employees and authorized representatives to offer and sell to, enroll in,
and bill and collect premiums from customers for insurance covering ((communications
equipment)) portable electronics on a master, corporate, group, or on
an individual policy basis at each location at which the vendor engages
in portable electronics transactions. However:
(a) The supervising person must maintain a list of a vendor's
locations that are authorized to sell or solicit portable electronics insurance
coverage; and
(b) The list under (a) of this subsection must be provided to the
commissioner within ten days of a request by the commissioner.
(2) An employee or authorized representative of a vendor may sell or
offer portable electronics insurance to the vendor's customers without being
individually licensed as an insurance producer if the vendor is licensed under
this chapter and is acting in compliance with this chapter and any rules
adopted by the commissioner.
(3) A vendor billing and collecting premiums from customers for
portable electronics insurance coverage is not required to maintain these funds
in a segregated account if the vendor:
(a) Is authorized by the insurer to hold the funds in an alternative
manner; and
(b) Remits the funds to the supervising person within sixty days of
receipt.
(4) All funds received by a vendor from an enrolled customer for the
sale of portable electronics insurance are considered funds held in trust by
the vendor in a fiduciary capacity for the benefit of the insurer.
(5) Any charge to the enrolled customer for coverage that is not
included in the cost associated with the purchase or lease of portable
electronics or related services must be separately itemized on the enrolled
customer's bill.
(6) If portable electronics insurance coverage is included with the
purchase or lease of portable electronics or related services, the vendor must
clearly and conspicuously disclose to the enrolled customer that the portable
electronics insurance coverage is included with the portable electronics or
related services.
(7) Vendors may receive compensation for billing and collection
services.
Sec. 4. RCW 48.120.020 and 2002 c 357 s 4 are each amended to read as follows:
(1) A vendor issued a specialty producer license may not issue insurance under RCW 48.120.015 unless:
(a) At every location
where customers are enrolled in ((communications equipment)) portable
electronics insurance programs, written material regarding the program is
made available to prospective customers that:
(i) Discloses that portable electronics insurance may provide a
duplication of coverage already provided by a customer's homeowner's insurance
policy, renter's insurance policy, or other source of coverage;
(ii) States that the enrollment by the customer in a portable
electronics insurance program is not required in order to purchase or lease
portable electronics or services;
(iii) Summarizes the material terms of the insurance coverage,
including the identity of the insurer, the identity of the supervising person,
the amount of any applicable deductible and how it is to be paid, benefits of
the coverage, and key terms and conditions of coverage, such as whether
portable electronics may be replaced with a similar make and model or
reconditioned make and model or repaired with nonoriginal manufacturer parts or
equipment;
(iv) Summarizes the process for filing a claim, including a
description of how to return portable electronics and the maximum fee
applicable in the event the customer fails to comply with any equipment return
requirements; and
(v) States that an enrolled customer may cancel enrollment for
coverage under a portable electronics insurance policy at any time and the
person paying the premium will receive a refund of any applicable unearned
premium; and
(b) The ((communications
equipment)) portable electronics insurance program is operated with
the participation of a supervising ((agent)) person who, with
authorization and approval from the appointing insurer, supervises a training
program for employees of the licensed vendor. The training must comply with
the following:
(i) The training must be delivered to employees and authorized
representatives of vendors who are directly engaged in the activity of selling
or offering portable electronics insurance;
(ii) The training may be provided in electronic form. However, if
conducted in an electronic form, the supervising person must implement a
supplemental education program regarding the portable electronics insurance
product that is conducted and overseen by licensed employees of the supervising
person; and
(iii) Each employee and authorized representative must receive basic
instruction about the portable electronics insurance offered to customers and
the disclosures required under this section.
(2) No employee or authorized representative of a vendor of portable
electronics may advertise, represent, or otherwise hold himself or herself out
as a nonlimited lines licensed insurance producer.
(((2))) (3)
Employees and authorized representatives of a vendor issued a specialty
producer license may only act on behalf of the vendor in the offer, sale,
solicitation, or enrollment of customers in a ((communications equipment))
portable electronics insurance program. The conduct of these employees
and authorized representatives within the scope of their employment or agency
is the same as conduct of the vendor for purposes of this title.
Sec. 5. RCW 48.17.170 and 2009 c 162 s 19 and 2009 c 119 s 11 are each reenacted and amended to read as follows:
(1) Unless denied licensure under RCW 48.17.530, persons who have met the requirements of RCW 48.17.090 and 48.17.110 shall be issued an insurance producer license. An insurance producer may receive a license in one or more of the following lines of authority:
(a) "Life," which is insurance coverage on human lives, including benefits of endowment and annuities, and may include benefits in the event of death or dismemberment by accident and benefits for disability income;
(b) "Disability," which is insurance coverage for accident, health, and disability or sickness, bodily injury, or accidental death, and may include benefits for disability income;
(c) "Property," which is insurance coverage for the direct or consequential loss or damage to property of every kind;
(d) "Casualty," which is insurance coverage against legal liability, including that for death, injury, or disability or damage to real or personal property;
(e) "Variable life and variable annuity products," which is insurance coverage provided under variable life insurance contracts, variable annuities, or any other life insurance or annuity product that reflects the investment experience of a separate account;
(f) "Personal lines," which is property and casualty insurance coverage sold to individuals and families for primarily noncommercial purposes;
(g) Limited lines:
(i) Surety;
(ii) Limited line credit insurance;
(iii) Travel;
(h) Specialty lines:
(i) ((Communications
equipment or services)) Portable electronics;
(ii) Rental car;
(iii) Self-service storage; or
(i) Any other line of insurance permitted under state laws or rules.
(2) Unless denied licensure under RCW 48.17.530, persons who have met the requirements of RCW 48.17.090(4) shall be issued a title insurance agent license.
(3) All insurance producers', title insurance agents', and adjusters' licenses issued by the commissioner shall be valid for the time period established by the commissioner unless suspended or revoked at an earlier date.
(4) Subject to the right of the commissioner to suspend, revoke, or refuse to renew any insurance producer's, title insurance agent's, or adjuster's license as provided in this title, the license may be renewed into another like period by filing with the commissioner by any means acceptable to the commissioner on or before the expiration date a request, by or on behalf of the licensee, for such renewal accompanied by payment of the renewal fee as specified in RCW 48.14.010.
(5) If the request and fee for renewal of an insurance producer's, title insurance agent's, or adjuster's license are filed with the commissioner prior to expiration of the existing license, the licensee may continue to act under such license, unless sooner revoked or suspended, until the issuance of a renewal license, or until the expiration of fifteen days after the commissioner has refused to renew the license and has mailed notification of such refusal to the licensee. If the request and fee for the license renewal are not received by the expiration date, the authority conferred by the license ends on the expiration date.
(6) If the request for renewal of an insurance producer's, title insurance agent's, or adjuster's license and payment of the fee are not received by the commissioner prior to the expiration date, the applicant for renewal shall pay to the commissioner, in addition to the renewal fee, a surcharge as follows:
(a) For the first thirty days or part thereof of delinquency, the surcharge is fifty percent of the renewal fee;
(b) For the next thirty days or part thereof of delinquency, the surcharge is one hundred percent of the renewal fee.
(7) If the request for renewal of an insurance producer's, title insurance agent's, or adjuster's license and fee for the renewal are received by the commissioner after sixty days but prior to twelve months after the expiration date, the application is for reinstatement of the license and the applicant for reinstatement must pay to the commissioner the license fee and a surcharge of two hundred percent of the license fee.
(8) Subsections (6) and (7) of this section do not exempt any person from any penalty provided by law for transacting business without a valid and subsisting license or appointment.
(9) An individual insurance producer, title insurance agent, or adjuster who allows his or her license to lapse may, within twelve months after the expiration date, reinstate the same license without the necessity of passing a written examination.
(10) A licensed insurance producer who is unable to comply with license renewal procedures due to military service or some other extenuating circumstance such as a long-term medical disability, may request a waiver of those procedures. The producer may also request a waiver of any examination requirement or any other fine or sanction imposed for failure to comply with renewal procedures.
(11) The license shall contain the licensee's name, address, personal identification number, and the date of issuance, lines of authority, expiration date, and any other information the commissioner deems necessary.
(12) Licensees shall inform the commissioner by any means acceptable to the commissioner of a change of address within thirty days of the change. Failure to timely inform the commissioner of a change in legal name or address may result in a penalty under either RCW 48.17.530 or 48.17.560, or both.
NEW SECTION. Sec. 6. A new section is added to chapter 48.17 RCW to read as follows:
(1) An individual who collects claim information from, or furnishes claim information to, insureds or claimants, and who enters data is not an "adjuster" for the purpose of this chapter if both of the following are satisfied:
(a) The individual's claim-related activity is limited exclusively to claims originating from policies of insurance issued through a portable electronics insurance program as defined in RCW 48.120.005(2); and
(b) The individual is an employee of, and is supervised by, a person that is licensed as an independent adjuster. For purposes of this section, "employee" includes employees of entities under common ownership with the licensed person.
(2) The person that is licensed as an independent adjuster must maintain complete records of its employees engaged in the activity described in subsection (1) of this section and must comply with either (a) or (b) of this subsection:
(a) The person must submit a list of the names of all such employees to the commissioner on forms prescribed by the commissioner annually and must keep the list current by reporting all changes, deletions, or additions within thirty days after the change, deletion, or addition occurred. Each list must be retained by the licensed independent adjuster for a period of three years from submission; or
(b) The person must maintain a system to track and document in the claim records each employee engaged in the activity described in subsection (1) of this section and, upon request of the commissioner, must identify the employee who has engaged in the activity.
(3) The person licensed as an independent adjuster must provide a training and education program for each employee engaged in the activity described in subsection (1) of this section prior to allowing the employee to engage in the activity. The training must include a section on compliance with applicable insurance laws for which a syllabus outlining the content of this section must be submitted to the commissioner for approval prior to use, and resubmitted for approval of any changes prior to use.
(4) The licensed independent adjuster that supervises the persons engaged in the activity described in subsection (1) of this section is responsible for their conduct. The commissioner may place on probation, revoke, suspend, or refuse to renew the adjuster's license of the independent adjuster, levy a civil penalty in accordance with RCW 48.17.560, or any combination of actions for any of the causes for which an adjuster's license may be revoked under chapter 48.17 RCW for the violation of any insurance laws, or any rule, subpoena, or order of the commissioner by a person engaged in the activity described in subsection (1) of this section who is employed by the licensed adjuster."
On page 1, line 1 of the title, after "licenses;" strike the remainder of the title and insert "amending RCW 48.120.005, 48.120.010, 48.120.015, and 48.120.020; reenacting and amending RCW 48.17.170; and adding a new section to chapter 48.17 RCW."
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
Senator Hobbs moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6242.
Senator Hobbs spoke in favor of the motion.
The President declared the question before the Senate to be the motion by Senator Hobbs that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6242.
The motion by Senator Hobbs carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6242 by voice vote.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6242, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6242, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Padden, Parlette, Pflug, Pridemore, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli
Excused: Senators Nelson, Prentice and Ranker
SUBSTITUTE SENATE BILL NO. 6242, 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
February 29, 2012
MR. PRESIDENT:
The House passed SUBSTITUTE SENATE BILL NO. 6414 with the following amendment(s): 6414-S AMH MORR DURB 228
On page 1, line 10, after “resource, the” strike “Washington State University extension energy program” and insert “department”
On page 1, at the beginning of line 15, strike "Washington State University extension energy program" and insert "department"
On page 1, beginning on line 18, after "department;" strike all material through "(c)" on line 19 and insert "and (b)"
On page 2, beginning on line 1, after "utility. The" strike "Washington State University extension energy program" and insert "department"
On page 2, beginning on line 8, after "from the" strike "Washington State University extension energy program" and insert "department"
On page 2, beginning on line 11, after "application, the" strike "Washington State University extension energy program" and insert "director of the department"
On page 2, line 25, after "(3) The" strike "Washington State University extension energy program" and insert "department"
On page 2, line 31, after "(5) The" strike "Washington State University extension energy program" and insert "department"
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. 6414.
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. 6414.
The motion by Senator Regala carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6414 by voice vote.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6414, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6414, 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, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Padden, Parlette, Pflug, Prentice, Pridemore, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli
Excused: Senators Nelson and Ranker
SUBSTITUTE SENATE BILL NO. 6414, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MESSAGE FROM THE HOUSE
March 1, 2012
MR. PRESIDENT:
The House passed SENATE BILL NO. 6134 with the following amendment(s): 6134 AMH WAYS H4515.1
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 41.26.435 and 2009 c 157 s 1 are each amended to read as follows:
(1) A member of plan 2
who was a member of the public employees' retirement system plan 2 or plan 3
while employed as an enforcement officer for the department of fish and
wildlife has the option to make an election no later than December 31, 2009,
filed in writing with the department of retirement systems, to transfer all
service credit previously earned as an enforcement officer in the public
employees' retirement system plan 2 or plan 3 to the law enforcement officers'
and firefighters' retirement system plan 2. Service credit that a member
elects to transfer from the public employees' retirement system to the law
enforcement officers' and firefighters' retirement system under this section
shall be transferred no earlier than June 30, ((2014)) 2012, and only
after the member completes payment as provided in subsection (2) of this
section.
(2)(a) A member who elects to transfer service credit under subsection (1) of this section shall make the payments required by this subsection prior to having service credit earned as an enforcement officer with the department of fish and wildlife under the public employees' retirement system plan 2 or plan 3 transferred to the law enforcement officers' and firefighters' retirement system plan 2.
(b) A member who elects to transfer service credit from the public employees' retirement system plan 2 under this subsection shall pay, for the applicable period of service, the difference between the contributions the employee paid to the public employees' retirement system plan 2 and the contributions that would have been paid by the employee had the employee been a member of the law enforcement officers' and firefighters' retirement system plan 2, plus interest on this difference as determined by the director. This payment must be made no later than June 30, 2014, and must be made prior to retirement.
(c) A member who elects to transfer service credit from the public employees' retirement system plan 3 under this subsection shall transfer to the law enforcement officers' and firefighters' retirement system plan 2, for the applicable period of service, the full balance of the member's defined contribution account within plan 3 as of the effective date of the transfer. At no time will the member pay, for the applicable period of service, a sum less than the contributions that would have been paid by the employee had the employee been a member of the law enforcement officers' and firefighters' retirement system plan 2, plus interest as determined by the director. This transfer and any additional payment, if necessary, must be made no later than June 30, 2014, and must be made prior to retirement.
(d) Upon completion of
the payment required in (b) of this subsection, the department shall transfer
from the public employees' retirement system to the law enforcement officers'
and firefighters' retirement system plan 2: (i) All of the employee's
applicable accumulated contributions plus interest and all of the applicable
employer contributions plus interest; and (ii) all applicable months of
service, as defined in RCW 41.26.030(((14))) (28)(b), credited to
the employee under this chapter for service as an enforcement officer with the
department of fish and wildlife as though that service was rendered as a member
of the law enforcement officers' and firefighters' retirement system plan 2.
(e) Upon completion of
the payment required in (c) of this subsection, the department shall transfer
from the public employees' retirement system to the law enforcement officers'
and firefighters' retirement system plan 2: (i) All of the employee's
applicable accumulated contributions plus interest and all of the applicable
employer contributions plus interest; and (ii) all applicable months of
service, as defined in RCW 41.26.030(((14))) (28)(b), credited to
the employee under this chapter for service as an enforcement officer with the
department of fish and wildlife as though that service was rendered as a member
of the law enforcement officers' and firefighters' retirement system plan 2.
(f) If a member who
elected to transfer pursuant to this section dies or retires for disability
prior to June 30, ((2014)) 2012, the member's benefit is
calculated as follows:
(i) All of the applicable service credit, accumulated contributions, and interest is transferred to the law enforcement officers' and firefighters' retirement system plan 2 and used in the calculation of a benefit.
(ii) If a member's obligation under (b) or (c) of this subsection has not been paid in full at the time of death or disability retirement, the member, or in the case of death the surviving spouse or eligible minor children, have the following options:
(A) Pay the bill in full;
(B) If a continuing monthly benefit is chosen, have the benefit actuarially reduced to reflect the amount of the unpaid obligation under (b) or (c) of this subsection; or
(C) Continue to make payment against the obligation under (b) or (c) of this subsection, provided that payment in full is made no later than June 30, 2014.
(g) Upon transfer of service credit, contributions, and interest under this subsection, the employee is permanently excluded from membership in the public employees' retirement system for all service related to time served as an enforcement officer with the department of fish and wildlife under the public employees' retirement system plan 2 or plan 3."
Correct the title.
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
Senator Delvin moved that the Senate concur in the House amendment(s) to Senate Bill No. 6134.
Senators Delvin and Sheldon spoke in favor of the motion.
The President declared the question before the Senate to be the motion by Senator Delvin that the Senate concur in the House amendment(s) to Senate Bill No. 6134.
The motion by Senator Delvin carried and the Senate concurred in the House amendment(s) to Senate Bill No. 6134 by voice vote.
The President declared the question before the Senate to be the final passage of Senate Bill No. 6134, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6134, 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, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Padden, Parlette, Pflug, Prentice, Pridemore, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli
Excused: Senators Nelson and Ranker
SENATE BILL NO. 6134, 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 4:45 p.m., on motion of Senator Eide, the Senate adjourned until 9:30 a.m. Monday, March 5, 2012.
BRAD OWEN, President of the Senate
THOMAS HOEMANN, Secretary of the Senate
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Final Passage as amended by House.................................... 11
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President Signed..................................................................... 6
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Final Passage as amended by House.................................... 13
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Other Action......................................................................... 12
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President Signed..................................................................... 6
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Final Passage as amended by House.................................... 22
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6134
Final Passage as amended by House.................................... 28
Messages.............................................................................. 27
Other Action......................................................................... 28
6155
Final Passage as amended by House.................................... 24
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Final Passage as amended by House.................................... 27
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Final Passage as amended by House...................................... 9
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President Signed..................................................................... 6
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Final Passage as amended by House.................................... 21
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President Signed..................................................................... 6
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Final Passage as amended by House.................................... 13
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Final Passage as amended by House...................................... 6
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President Signed..................................................................... 6
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Final Passage as amended by House.................................... 14
Messages.............................................................................. 13
Other Action......................................................................... 14
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President Signed..................................................................... 6
6629
Introduction & 1st Reading..................................................... 1
WASHINGTON STATE SENATE
Personal Privilege, Senator Eide............................................ 1
Personal Privilege, Senator McAuliffe.................................. 1
Personal Privilege, Senator Schoesler.................................... 1