SIXTY THIRD LEGISLATURE - REGULAR SESSION

 

 

SEVENTY FOURTH DAY

 

 

House Chamber, Olympia, Thursday, March 28, 2013

 


The House was called to order at 9:55 a.m. by the Speaker (Representative Orwall presiding).

 

Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.

 

RESOLUTION

 

HOUSE RESOLUTION NO. 2013-4642, by Representatives Riccelli, Parker, Shea, Short, Manweller, Holy, Fagan, Warnick, Crouse, Schmick, Kretz, and Ormsby

      WHEREAS, The annual Spokane Lilac Festival is a favored tradition of the people of Spokane County and the Inland Northwest; and

      WHEREAS, 2013 marks the 75th anniversary of the Spokane Lilac Festival, which embraces the theme of "Lilac Legacy--Alive at 75"; and

      WHEREAS, The Lilac Festival began in 1938 under the guidance of the Associated Garden Clubs and the Spokane Floral Association as a way to celebrate the beautiful Lilac City, Spokane, and its growing popularity as a Washington destination; and

      WHEREAS, In 1950, after the establishment of Armed Forces Day, the 92nd Bomb Wing of Geiger Field joined the festival parade as the official color guard of the Lilac Festival.  This partnership with the Armed Forces continues today and is the nation's largest Armed Forces Parade; and

      WHEREAS, The missions and goals of the Spokane Lilac Festival are to honor local military personnel, recognize outstanding area youth, showcase and celebrate Spokane and the Inland Northwest community, foster goodwill with other Northwest communities, give our youth and local organizations in the area an opportunity to display their abilities and talents, and act as a business stimulus both during the festival and throughout the year; and

      WHEREAS, The Spokane Lilac Festival, a nonprofit organization operated entirely by volunteers, provides over 18,000 dollars in scholarships to members of the Royalty program and trains the members of the Royalty program in speech, military protocol, etiquette, self-defense, intercultural exchange, modeling, and the importance of volunteerism; and

      WHEREAS, The volunteer aspect of the Spokane Lilac Festival continues to expand each year with projects such as visiting and serving at area hospitals, including Shriners Hospital for Children, veterans centers, retirement centers, and homeless shelters; reading at elementary schools, including Read Across America; participating in the Salvation Army's Clothe-a-Child program; working at Santa Express, a fund-raising arm of the Vanessa Behan Crisis Nursery; supporting the airmen and airwomen at Fairchild Air Force Base through Operation Cookie Drop; and participating in Make-a-Wish, Bloomsday, and the Associated Garden Club Annual Plant Sale; and

      WHEREAS, Each year, thousands of volunteer hours are donated to the success of the festival including the "Lilac Loons" who discretely paint lilac blossoms on numerous streets and intersections to promote the festival, the "Float Toads" who design, build, and decorate each year's float, the "Parade Krewe" who oversee and produce the nation's largest Armed Forces Torchlight Parade, and the "Purple Coaters" who make up the Board of Directors of the festival and along with the Royalty Court serve as ambassadors to over 20 outlying parades and festivals each year; and

      WHEREAS, This year's Festival Royalty Court includes Queen Brett Rountree of Central Valley High School and Princesses Katie Heitkemper of Lewis and Clark High School, Devyn Russell of Northwest Christian High School, Michelle Tatko of Ferris High School, Hailey Hyde of Saint George's High School, Emily Staker of Gonzaga Prep, and Savannah Sundseth of Mead High School;

      NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize and honor the many contributions made to our state by the Spokane Lilac Festival, its organizers both past and present, and the Royalty Courts for the past seventy-five years; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the 2013 Lilac Festival Officers and the Festival Royalty Court.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be adoption of House Resolution No. 4642.

HOUSE RESOLUTION NO. 4642 was adopted.

 

There being no objection, the House advanced to the fourth order of business.

 

INTRODUCTIONS AND FIRST READING

 

HB 2020  by Representatives Shea, Overstreet, Taylor, Condotta, Holy, Scott and Pike

 

AN ACT Relating to expanding economic development and creating jobs by increasing the availability of ammunition and firearm parts and accessories in Washington state; amending RCW 7.72.030; adding new sections to chapter 82.04 RCW; adding a new section to chapter 84.36 RCW; adding a new section to chapter 19.02 RCW; adding a new section to chapter 23B.01 RCW; adding a new section to chapter 25.15 RCW; adding a new section to chapter 43.330 RCW; adding a new chapter to Title 19 RCW; creating a new section; and declaring an emergency.

 

Referred to Committee on Judiciary.

 

There being no objection, the bill listed on the day’s introduction sheet under the fourth order of business was referred to the committee so designated.

 

REPORTS OF STANDING COMMITTEES

 

March 25, 20130)

HB 1982             Prime Sponsor, Representative Hunter: Eliminating lottery games that generate insufficient net revenue.  Reported by Committee on Appropriations

 

MAJORITY recommendation:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by Representatives Hunter, Chair; Ormsby, Vice Chair; Alexander, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Wilcox, Assistant Ranking Minority Member; Buys; Cody; Dahlquist; Dunshee; Fagan; Green; Haigh; Haler; Harris; Hudgins; Hunt; Jinkins; Kagi; Maxwell; Morrell; Parker; Pedersen; Pettigrew; Pike; Ross; Schmick; Seaquist; Springer; Sullivan and Taylor.

 

Passed to Committee on Rules for second reading.

 

March 26, 20130)

SSB 5100           Prime Sponsor, Committee on Law & Justice: Addressing the statute of limitations for sexual abuse against a child.  Reported by Committee on Public Safety

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Goodman, Chair; Roberts, Vice Chair; Klippert, Ranking Minority Member; Hayes, Assistant Ranking Minority Member; Appleton; Holy; Pettigrew; Ross and Takko.

 

Passed to Committee on Rules for second reading.

 

March 26, 20130)

ESB 5104           Prime Sponsor, Senator Mullet: Placing epinephrine autoinjectors in schools.  Reported by Committee on Education

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  (1) The legislature finds that allergies are a serious medical disorder that affect more than one in five persons in the United States and are the sixth leading cause of chronic disease.  Roughly one in thirteen children has a food allergy, and the incidence is rising.  Up to forty percent of food-allergic children may be at risk for anaphylaxis, a severe and potentially life-threatening reaction.  Anaphylaxis may also occur due to an insect sting, drug allergy, or other causes.  Twenty-five percent of first-time anaphylactic reactions among children occur in a school setting.  Anaphylaxis can occur anywhere on school property, including the classroom, playground, school bus, or on field trips.

      (2) Rapid and appropriate administration of the drug epinephrine, also known as adrenaline, to a patient experiencing an anaphylactic reaction may make the difference between life and death.  In a school setting, epinephrine is typically administered intramuscularly via an epinephrine autoinjector device.  Medical experts agree that the benefits of emergency epinephrine administration far outweigh the risks.

      (3) The legislature further finds that, on many days, as much as twenty percent of the nation's combined adult and child population can be found in public and nonpublic schools.  Therefore, schools need to be prepared to treat potentially life-threatening anaphylactic reactions in the event a student is experiencing a first-time anaphylactic reaction, a student does not have his or her own epinephrine autoinjector device available, or if a school nurse is not in the vicinity at the time.

NEW SECTION.  Sec. 2.  A new section is added to chapter 28A.210 RCW to read as follows:

      (1) School districts and nonpublic schools may maintain at a school in a designated location a supply of epinephrine autoinjectors based on the number of students enrolled in the school.

      (2)(a) A licensed health professional with the authority to prescribe epinephrine autoinjectors may prescribe epinephrine autoinjectors in the name of the school district or school to be maintained for use when necessary.  Epinephrine prescriptions must be accompanied by a standing physician's order for the administration of school-supplied, undesignated epinephrine autoinjectors for potentially life-threatening allergic reactions.

      (b) There are no changes to current prescription or self-administration practices for children with existing epinephrine autoinjector prescriptions or a physician guided anaphylaxis action plan.

      (c) Epinephrine autoinjectors may be obtained from donation sources, but must be accompanied by a prescription.

      (3)(a) When a student has a prescription for an epinephrine autoinjector on file, the school nurse or designated trained school personnel may utilize the school district or school supply of epinephrine autoinjectors to respond to an anaphylactic reaction under a standing protocol from a physician employed under RCW 28A.210.300 or any other physician with which the school has contracted for medical services.

      (b) When a student does not have an epinephrine autoinjector or prescription for an epinephrine autoinjector on file, the school nurse may utilize the school district or school supply of epinephrine autoinjectors to respond to an anaphylactic reaction under a standing protocol from a physician employed under RCW 28A.210.300 or any other physician with which the school has contracted for medical services.

      (c) Epinephrine autoinjectors may be used on school property, including the school building, playground, and school bus, as well as during field trips or sanctioned excursions away from school property.  The school nurse or designated trained school personnel may carry an appropriate supply of school-owned epinephrine autoinjectors on field trips or excursions.

      (4)(a) If a student is injured or harmed due to the administration of epinephrine that a licensed health professional with prescribing authority has prescribed and a pharmacist has dispensed to a school under this section, the licensed health professional with prescribing authority and pharmacist may not be held responsible for the injury unless he or she issued the prescription with a conscious disregard for safety.

      (b) In the event a school nurse or other school employee administers epinephrine in substantial compliance with a student's prescription that has been prescribed by a licensed health professional within the scope of the professional's prescriptive authority, if applicable, and written policies of the school district or private school, then the school employee, the employee's school district or school of employment, and the members of the governing board and chief administrator thereof are not liable in any criminal action or for civil damages in their individual, marital, governmental, corporate, or other capacity as a result of providing the epinephrine.

      (c) School employees, except those licensed under chapter 18.79 RCW, who have not agreed in writing to the use of epinephrine autoinjectors as a specific part of their job description, may file with the school district a written letter of refusal to use epinephrine autoinjectors.  This written letter of refusal may not serve as grounds for discharge, nonrenewal of an employment contract, or other action adversely affecting the employee's contract status.

      (5) The office of the superintendent of public instruction shall review the anaphylaxis policy guidelines required under RCW 28A.210.380 and make a recommendation to the education committees of the legislature by December 1, 2013, based on student safety, regarding whether to designate other trained school employees to administer epinephrine autoinjectors to students without prescriptions for epinephrine autoinjectors demonstrating the symptoms of anaphylaxis when a school nurse is not in the vicinity."

      Correct the title.

 

Signed by Representatives Santos, Chair; Stonier, Vice Chair; Dahlquist, Ranking Minority Member; Magendanz, Assistant Ranking Minority Member; Bergquist; Fagan; Haigh; Hargrove; Hawkins; Hayes; Hunt; Lytton; Maxwell; McCoy; Orwall; Pollet and Seaquist.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Klippert; Pike and Warnick.

 

Referred to Committee on Appropriations Subcommittee on Education.

 

March 26, 20130)

SSB 5123           Prime Sponsor, Committee on Ways & Means: Establishing a farm internship program.  Reported by Committee on Labor & Workforce Development

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Sells, Chair; Manweller, Ranking Minority Member; Condotta, Assistant Ranking Minority Member; Green; Holy; Moeller; Ormsby and Short.

 

Referred to Committee on Appropriations Subcommittee on Health & Human Services.

 

March 26, 20130)

SSB 5195           Prime Sponsor, Committee on Ways & Means: Allowing nonprofit institutions recognized by the state of Washington to be eligible to participate in the state need grant program.  Reported by Committee on Higher Education

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Seaquist, Chair; Pollet, Vice Chair; Haler, Ranking Minority Member; Zeiger, Assistant Ranking Minority Member; Fagan; Hansen; Hargrove; Johnson; Magendanz; Pedersen; Riccelli; Sawyer; Scott; Smith; Tarleton; Walsh and Wylie.

 

Referred to Committee on Appropriations.

 

March 26, 20130)

SB 5198             Prime Sponsor, Senator Darneille: Exempting personal information relating to children from public inspection and copying.  Reported by Committee on Government Operations & Elections

 

MAJORITY recommendation:  Do pass as amended.

 

      On page 2, after line 27, insert the following:

"NEW SECTION. Sec. 2.  A new section is added to chapter 42.56 RCW to read as follows:  Actual enumeration data collected under RCW 35.13.260, 35A.14.700, 36.13.030, and chapter 43.62 RCW shall be used and retained only by the office of financial management and only for the purposes of RCW 35.13.260, 35A.14.700, 36.13.030, and chapter 43.62 RCW.  The enumeration data collected is confidential and not subject to public disclosure.  The office of financial management must destroy the enumeration data collected after it is used to produce the required population estimates."

Correct the title.

 

Signed by Representatives Hunt, Chair; Bergquist, Vice Chair; Buys, Ranking Minority Member; Alexander; Carlyle; Fitzgibbon; Kristiansen; Manweller; Orwall and Van De Wege.

 

MINORITY recommendation:  Do not pass.  Signed by Representative Taylor, Assistant Ranking Minority Member.

 

Passed to Committee on Rules for second reading.

 

March 26, 20130)

E2SSB 5243       Prime Sponsor, Committee on Ways & Means: Establishing policies to support academic acceleration for high school students.  Reported by Committee on Education

 

MAJORITY recommendation:  Do pass as amended.

 

      On page 1, line 7, after "credit" insert "and other rigorous"

      On page 1, line 13, after "year;" strike "and"

      On page 1, line 16, after "year" insert "; and

      (d)  More school districts are offering innovative advanced courses such as in computer science, aerospace manufacturing, and science, technology, engineering, and mathematics"

      On page 2, beginning on line 5, after "(1)" strike all material through "must" on line 6 and insert "Each school district board of directors is encouraged to"

      On page 3, beginning on line 4, strike all of section 3 and insert the following:

"NEW SECTION.  Sec. 3.  A new section is added to chapter 28A.320 RCW to read as follows:

      (1) Subject to funds appropriated specifically for this purpose, the academic acceleration incentive program is established as provided in this section.  The intent of the legislature is that the funds awarded under the program be used to support teacher training, curriculum, technology, examination fees, and other costs associated with offering dual credit courses to high school students.

      (2) The office of the superintendent of public instruction shall allocate half of the funds appropriated for the purposes of this section on a competitive basis to provide one-time grants for high schools to expand the availability of dual credit courses.  To be eligible for a grant, a school district must have adopted an academic acceleration policy as provided under section 2 of this act.  In making grant awards, the office of the superintendent of public instruction must give priority to grants for high schools with a high proportion of low-income students and high schools seeking to develop new capacity for dual credit courses rather than proposing marginal expansion of current capacity.

      (3) The office of the superintendent of public instruction shall allocate half of the funds appropriated for the purposes of this section to school districts as an incentive award for each student who earned dual high school and college credit, as described under subsection (4) of this section, for courses offered by the district's high schools during the previous school year.  School districts must distribute the award to the high schools that generated the funds.  The award amount for low-income students eligible to participate in the federal free and reduced-price meals program who earn dual credits must be set at one hundred twenty-five percent of the base award for other students.  A student who earns more than one dual credit in the same school year counts only once for the purposes of the incentive award.

      (4) For the purposes of this section, the following students are considered to have earned dual high school and college credit in a course offered by a high school:

      (a) Students who achieve a score of three or higher on an AP examination;

      (b) Students who achieve a score of four or higher on an examination of the international baccalaureate diploma programme;

      (c) Students who successfully complete a Cambridge advanced international certificate of education examination;

      (d) Students who successfully complete a course through the college in the high school program under RCW 28A.600.290 and are awarded credit by the partnering institution of higher education; and

      (e) Students who satisfy the dual enrollment and class performance requirements to earn college credit through a tech prep course.

      (5) If a high school provides access to online courses for students to earn dual high school and college credit at no cost to the student, such a course is considered to be offered by the high school.  Students enrolled in the running start program under RCW 28A.600.300 do not generate an incentive award under this section."

      On page 5, after line 8, insert the following:

"NEW SECTION.  Sec. 5.  If specific funding for purposes of section 3 of this act, referencing section 3 of this act by bill or chapter and section number, is not provided by June 30, 2013, in the omnibus operating appropriations act, section 3 of this act is null and void."

Correct the title.

 

Signed by Representatives Santos, Chair; Stonier, Vice Chair; Dahlquist, Ranking Minority Member; Magendanz, Assistant Ranking Minority Member; Bergquist; Fagan; Haigh; Hargrove; Hawkins; Hayes; Klippert; Lytton; Maxwell; McCoy; Orwall; Pike; Seaquist and Warnick.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Hunt and Pollet.

 

Referred to Committee on Appropriations.

 

March 26, 20130)

SB 5257             Prime Sponsor, Senator Roach: Modifying time frames applicable to certain public disclosure commission requirements.  Reported by Committee on Government Operations & Elections

 

MAJORITY recommendation:  Do pass as amended.

 

      On page 5, line 12, after "electronically" strike all material through "facsimile" on line 18 and insert ", by electronic mail or facsimile, or in written for((,including but not limited to mailgram, telegram, or nightletter)).  The special report may be transmitted orally by telephone to the commission if the written form of the report is postmarked and mailed to the commission or the electronic ((filing)) form is transferred to the commission within the delivery periods established in (a) and (b) of this subsection"

      On page 5, line 21 after "within" strike "((forty eight)) twenty-four" and insert "forty-eight"

 

Signed by Representatives Hunt, Chair; Bergquist, Vice Chair; Buys, Ranking Minority Member; Taylor, Assistant Ranking Minority Member; Alexander; Carlyle; Fitzgibbon; Kristiansen; Manweller; Orwall and Van De Wege.

 

Passed to Committee on Rules for second reading.

 

March 26, 20130)

SB 5258             Prime Sponsor, Senator Benton: Aggregating the cost of related ballot measure advertisements for purposes of top five sponsor identification requirements.  Reported by Committee on Government Operations & Elections

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Hunt, Chair; Bergquist, Vice Chair; Buys, Ranking Minority Member; Carlyle; Fitzgibbon; Orwall and Van De Wege.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Taylor, Assistant Ranking Minority Member; Alexander; Kristiansen and Manweller.

 

Passed to Committee on Rules for second reading.

 

March 26, 20130)

SSB 5289           Prime Sponsor, Committee on Natural Resources & Parks: Concerning the discover pass.  Reported by Committee on Community Development, Housing & Tribal Affairs

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 79A.80.020 and 2012 c 261 s 2 are each amended to read as follows:

      (1) Except as otherwise provided in ((RCW 79A.80.050, 79A.80.060, and 79A.80.070)) this chapter, a discover pass is required for any motor vehicle to:
      (a) Park ((or operate on)) at any recreation site or lands((, except for short-term parking as may be authorized under RCW 79A.80.070)); or
      (b) Operate on any recreation site or lands.

      (2) Except as provided in section 4 of this act, the cost of a discover pass is thirty dollars.  Every four years the office of financial management must review the cost of the discover pass and, if necessary, recommend to the legislature an adjustment to the cost of the discover pass to account for inflation.

      (3) A discover pass is valid for one year beginning from the date that the discover pass is marked for activation.  The activation date may differ from the purchase date pursuant to any policies developed by the agencies.

      (4) Sales of discover passes must be consistent with RCW 79A.80.100.

      (5) The discover pass must contain space for two motor vehicle license plate numbers.  A discover pass is valid only for those vehicle license plate numbers written on the pass.  However, the agencies may offer for sale a family discover pass that is fully transferable among vehicles and does not require the placement of a license plate number on the pass to be valid.  The agencies must collectively set a price for the sale of a family discover pass that is no more than fifty dollars.  A discover pass is valid only for use with one motor vehicle at any one time.

      (6) One complimentary discover pass must be provided to a volunteer who performed twenty-four hours of service on agency-sanctioned volunteer projects in a year.  The agency must provide vouchers to volunteers identifying the number of volunteer hours they have provided for each project.  The vouchers may be brought to an agency to be redeemed for a discover pass.

Sec. 2.  RCW 79A.80.030 and 2012 c 261 s 3 are each amended to read as follows:

      (1) A person may purchase a day-use permit to meet the requirements of RCW 79A.80.080.  Except as provided in section 4 of this act, a day-use permit is ten dollars per day and must be available for purchase from each agency.  A day-use permit is valid for one calendar day.

      (2) The agencies may provide short-term parking under RCW 79A.80.070 where a day-use permit is not required.

      (3) Every four years the office of financial management must review the cost of the day-use permit and, if necessary, recommend to the legislature an adjustment to the cost of the day-use permit to account for inflation.

      (4) Sales of day-use permits must be consistent with RCW 79A.80.100.

Sec. 3.  RCW 79A.80.080 and 2012 c 261 s 7 are each amended to read as follows:

      (1) A discover pass, vehicle access pass, or day-use permit must be visibly displayed in the front windshield, or otherwise in a prominent location for motor vehicles without a windshield, of any motor vehicle ((or otherwise in a prominent location for vehicles without a windshield)):

      (a) Operating on ((a)) any recreation site or lands; or

      (b) Parking at ((a)) any recreation site or lands.

      (2) The discover pass, the vehicle access pass, or the day-use permit is not required:
      (a) On private lands, state-owned aquatic lands other than water access areas, or at agency offices, hatcheries, or other facilities where public business is conducted((.
      (3) The discover pass, the vehicle access pass, or the day-use permit is not required for:
      (a)));
      (b) For persons who use, possess, or enter lands owned or managed by the agencies for nonrecreational purposes consistent with a written authorization from the agency, including but not limited to leases, contracts, and easements; ((or
      (b))) (c) On department of fish and wildlife lands only, for persons possessing a current vehicle access pass pursuant to RCW 79A.80.040; or
      (d) When operating on a road managed by the department of fish and wildlife or the department of natural resources, including a forest or land management road, that is not blocked by a gate.

      (((4))) (3)(a) An agency may waive the requirements of this section for any person who has secured the ability to access specific recreational land through the provision of monetary consideration to the agency or for any person attending an event or function that required the provision of monetary compensation to the agency.

      (b) Special events and group activities are core recreational activities and major public service opportunities within state parks. When waiving the requirements of this section for special events, the state parks and recreation commission must consider the direct and indirect costs and benefits to the state, local market rental rates, the public service functions of the event sponsor, and other public interest factors when setting appropriate fees for each event or activity.

      (((5))) (4) Failure to comply with subsection (1) of this section is a natural resource infraction under chapter 7.84 RCW.  An agency is authorized to issue a notice of infraction to any person who fails to comply with subsection (1)(a) of this section or to any motor vehicle that fails to comply with subsection (1)(b) of this section.

      (((6))) (5) The penalty for failure to comply with the requirements of this section is ninety-nine dollars.  This penalty must be reduced to fifty-nine dollars if an individual provides proof of purchase of a discover pass to the court within fifteen days after the issuance of the notice of violation.

NEW SECTION.  Sec. 4.  A new section is added to chapter 79A.80 RCW to read as follows:

      (1) By mutual agreement, the agencies may sell discounted discover passes at a rate below that established under RCW 79A.80.020 or discounted day-use permits at a rate below that established under RCW 79A.80.030 for purposes of bulk sales to retailers, agency license and permit product bundling, and partnership opportunities to expand accessibility and visibility of the discover pass and recreational opportunities on agency-managed lands.

      (2) In exercising this authority, the agencies must prioritize opportunities for discounted sales that result in a net revenue gain."

      Correct the title.

 

Signed by Representatives McCoy, Chair; Appleton, Vice Chair; Johnson, Assistant Ranking Minority Member; Pike; Ryu; Santos and Sawyer.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Angel, Ranking Minority Member and Haler.

 

Referred to Committee on Appropriations Subcommittee on General Government.

 

March 26, 20130)

SB 5318             Prime Sponsor, Senator Bailey: Removing the one-year waiting period for veterans or active members of the military for purposes of eligibility for resident tuition.  Reported by Committee on Higher Education

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Seaquist, Chair; Pollet, Vice Chair; Haler, Ranking Minority Member; Zeiger, Assistant Ranking Minority Member; Fagan; Hansen; Hargrove; Johnson; Magendanz; Riccelli; Sawyer; Scott; Sells; Smith; Tarleton; Walsh and Wylie.

 

MINORITY recommendation:  Do not pass.  Signed by Representative Pedersen.

 

Referred to Committee on Appropriations.

 

March 27, 20130)

SB 5337             Prime Sponsor, Senator Pearson: Modifying expiration dates affecting the department of natural resources' timber sale program.  Reported by Committee on Agriculture & Natural Resources

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Blake, Chair; Lytton, Vice Chair; Chandler, Ranking Minority Member; MacEwen, Assistant Ranking Minority Member; Buys; Dunshee; Haigh; Kretz; Pettigrew; Schmick; Van De Wege and Warnick.

 

Referred to Committee on Appropriations.

 

March 26, 20130)

SSB 5362           Prime Sponsor, Committee on Commerce & Labor: Addressing the recommendations of the vocational rehabilitation subcommittee for workers' compensation.  Reported by Committee on Labor & Workforce Development

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Sells, Chair; Manweller, Ranking Minority Member; Condotta, Assistant Ranking Minority Member; Green; Holy; Moeller; Ormsby and Short.

 

Referred to Committee on Appropriations Subcommittee on Health & Human Services.

 

March 26, 20130)

SSB 5396           Prime Sponsor, Committee on Commerce & Labor: Concerning limited on-premise spirits sampling.  Reported by Committee on Government Accountability & Oversight

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Hurst, Chair; Wylie, Vice Chair; Condotta, Ranking Minority Member; Holy, Assistant Ranking Minority Member; Blake; Kirby; Moscoso; Shea and Smith.

 

Passed to Committee on Rules for second reading.

 

March 26, 20130)

SSB 5400           Prime Sponsor, Committee on Energy, Environment & Telecommunications: Allowing utilities serving customers in Washington and in other states to use eligible renewable resources in their other states to comply with chapter 19.285 RCW, the energy independence act.  Reported by Committee on Environment

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Upthegrove, Chair; Short, Ranking Minority Member; Pike, Assistant Ranking Minority Member; Farrell; Fey; Kagi; Liias; Morris; Nealey; Overstreet and Tharinger.

 

MINORITY recommendation:  Do not pass.  Signed by Representative McCoy, Vice Chair.

 

Passed to Committee on Rules for second reading.

 

March 26, 20130)

SB 5408             Prime Sponsor, Senator Ericksen: Modifying the definition of nonpower attributes in the energy independence act.  Reported by Committee on Environment

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Upthegrove, Chair; McCoy, Vice Chair; Short, Ranking Minority Member; Pike, Assistant Ranking Minority Member; Farrell; Fey; Kagi; Liias; Morris; Nealey; Overstreet and Tharinger.

 

Passed to Committee on Rules for second reading.

 

March 27, 20130)

SB 5446             Prime Sponsor, Senator Hobbs: Providing a process for the state auditor's office to apply for investigative subpoenas.  Reported by Committee on Judiciary

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Pedersen, Chair; Hansen, Vice Chair; Rodne, Ranking Minority Member; O'Ban, Assistant Ranking Minority Member; Goodman; Hope; Jinkins; Kirby; Klippert; Nealey; Orwall; Roberts and Shea.

 

Passed to Committee on Rules for second reading.

 

March 26, 20130)

ESSB 5491         Prime Sponsor, Committee on Early Learning & K-12 Education: Establishing statewide indicators of educational health.  Reported by Committee on Education

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  (1) The legislature acknowledges that multiple entities, including the state board of education, the office of the superintendent of public instruction, the workforce training and education coordinating board, the quality education council, and the student achievement council, are actively working on efforts to identify measurable goals and priorities, road maps, and strategic plans for the entire educational system.  It is not the legislature's intent to undermine or curtail the ongoing work of these groups.  However, the legislature believes that a coordinated single set of statewide goals would help focus these efforts.

      (2) It is, therefore, the intent of the legislature to establish a discrete set of statewide data points that will serve as snapshots of the overall health of the educational system and as a means for evaluating progress in achieving the outcomes set for the system and the students it serves.  By monitoring these statewide indicators over time, it is the intent of the legislature to understand whether reform efforts and investments are making positive progress in the overall education of students and whether adjustments are necessary.  Finally, it is the intent of the legislature to align the education reform efforts of each state education agency in order to hold each part of the system – statewide leaders, school personnel, and students – accountable to the same definitions of success.

NEW SECTION.  Sec. 2.  A new section is added to chapter 28A.150 RCW to read as follows:

      (1) The following statewide indicators of educational system health are established:

      (a) The percentage of students demonstrating the characteristics of entering kindergartners in all six areas identified by the Washington kindergarten inventory of developing skills administered in accordance with RCW 28A.655.080;

      (b) The percentage of students meeting the standard on the fourth grade statewide reading assessment administered in accordance with RCW 28A.655.070;

      (c) The percentage of students meeting the standard on the eighth grade statewide mathematics assessment administered in accordance with RCW 28A.655.070;

      (d) The four-year cohort high school graduation rate;

      (e) The percentage of high school graduates who during the second quarter after graduation are either enrolled in postsecondary education or training or are employed, and the percentage during the fourth quarter after graduation who are either enrolled in postsecondary education or training or are employed; and

      (f) The percentage of students enrolled in precollege or remedial courses in college.

      (2) The statewide indicators established in subsection (1) of this section shall be disaggregated as provided under RCW 28A.300.042.

      (3) The state board of education, with assistance from the office of the superintendent of public instruction, the workforce training and education coordinating board, the educational opportunity gap oversight and accountability committee, and the student achievement council, shall establish a process for identifying realistic but challenging system-wide performance goals and measurements, if necessary, for each of the indicators established in subsection (1) of this section, including for subcategories of students as provided under subsection (2) of this section.  The performance goal for each indicator must be set on a biennial basis, and may only be adjusted upward.

      (4) The state board of education, the office of the superintendent of public instruction, and the student achievement council shall each align their strategic planning and education reform efforts with the statewide indicators and performance goals established under this section.

      (5)(a) The state board of education, with assistance from the office of the superintendent of public instruction, the workforce training and education coordinating board, the educational opportunity gap oversight and accountability committee, and the student achievement council, shall submit a report on the status of each indicator in subsection (1) of this section and recommend revised performance goals and measurements, if necessary, by December 1st of each even-numbered year, except that the initial report establishing baseline values and initial goals shall be delivered to the education committees of the legislature by December 1, 2013.

      (b) If the educational system is not on target to meet the performance goals on any individual indicator, the report must recommend evidence-based reforms intended to improve student achievement in that area.

      (c) To the extent data is available, the performance goals for each indicator must be compared with national data in order to identify whether Washington student achievement results are within the top ten percent nationally or are comparable to results in peer states with similar characteristics as Washington.  If comparison data show that Washington students are falling behind national peers on any indicator, the report must recommend evidence-based reforms targeted at addressing the indicator in question."

      Correct the title.

 

Signed by Representatives Santos, Chair; Stonier, Vice Chair; Dahlquist, Ranking Minority Member; Magendanz, Assistant Ranking Minority Member; Bergquist; Fagan; Haigh; Hargrove; Hawkins; Hayes; Hunt; Klippert; Lytton; Maxwell; McCoy; Orwall; Pike; Pollet; Seaquist and Warnick.

 

Referred to Committee on Appropriations Subcommittee on Education.

 

March 26, 20130)

SSB 5507           Prime Sponsor, Committee on Governmental Operations: Increasing transparency of donors to candidates and ballot measures.  Reported by Committee on Government Operations & Elections

 

MAJORITY recommendation:  Do pass as amended.

 

      On page 2, at the beginning of line 27, insert "The statement must be placed in a prominent position, such as on the cover or on the first two pages of the voters' pamphlet."

      On page 2, beginning on line 35, strike all of section 3

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

      On page 4, beginning on line 22, after "section." strike all material through "materials" on line 26 and insert "Alternately, at the discretion of the county auditor or local election official, the statement required by this subsection (1)(b) may be printed in a prominent position on the ballot envelope and in the materials that accompany the ballot"

      Correct the title.

 

Signed by Representatives Hunt, Chair; Bergquist, Vice Chair; Buys, Ranking Minority Member; Taylor, Assistant Ranking Minority Member; Alexander; Carlyle; Fitzgibbon; Kristiansen; Manweller; Orwall and Van De Wege.

 

Passed to Committee on Rules for second reading.

 

March 26, 20130)

SSB 5517           Prime Sponsor, Committee on Commerce & Labor: Changing the criteria for the beer and wine tasting endorsement for grocery stores.  Reported by Committee on Government Accountability & Oversight

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Hurst, Chair; Wylie, Vice Chair; Condotta, Ranking Minority Member; Holy, Assistant Ranking Minority Member; Blake; Kirby; Moscoso; Shea and Smith.

 

Passed to Committee on Rules for second reading.

 

March 26, 20130)

SSB 5518           Prime Sponsor, Committee on Governmental Operations: Making nonsubstantive changes to election laws.  Reported by Committee on Government Operations & Elections

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Hunt, Chair; Bergquist, Vice Chair; Buys, Ranking Minority Member; Taylor, Assistant Ranking Minority Member; Alexander; Carlyle; Fitzgibbon; Kristiansen; Manweller; Orwall and Van De Wege.

 

Passed to Committee on Rules for second reading.

 

March 27, 20130)

SB 5541             Prime Sponsor, Senator Hobbs: Concerning the redemption of real property.  Reported by Committee on Judiciary

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Pedersen, Chair; Hansen, Vice Chair; Rodne, Ranking Minority Member; O'Ban, Assistant Ranking Minority Member; Goodman; Hope; Jinkins; Kirby; Klippert; Nealey; Orwall; Roberts and Shea.

 

Passed to Committee on Rules for second reading.

 

March 26, 20130)

ESSB 5563         Prime Sponsor, Committee on Early Learning & K-12 Education: Regarding training for school employees in the prevention of sexual abuse.  Reported by Committee on Education

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Santos, Chair; Stonier, Vice Chair; Dahlquist, Ranking Minority Member; Magendanz, Assistant Ranking Minority Member; Bergquist; Fagan; Haigh; Hargrove; Hawkins; Hayes; Hunt; Klippert; Lytton; Maxwell; McCoy; Orwall; Pike; Pollet; Seaquist and Warnick.

 

Passed to Committee on Rules for second reading.

 

March 26, 20130)

ESB 5620           Prime Sponsor, Senator King: Changing school safety-related drills.  Reported by Committee on Education

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Santos, Chair; Stonier, Vice Chair; Dahlquist, Ranking Minority Member; Magendanz, Assistant Ranking Minority Member; Bergquist; Fagan; Haigh; Hargrove; Hawkins; Hayes; Hunt; Klippert; Lytton; Maxwell; McCoy; Orwall; Pike; Pollet; Seaquist and Warnick.

 

Passed to Committee on Rules for second reading.

 

March 26, 20130)

2SSB 5624         Prime Sponsor, Committee on Ways & Means: Aligning high-demand secondary STEM or career and technical education programs with applied baccalaureate programs.  Reported by Committee on Higher Education

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Seaquist, Chair; Pollet, Vice Chair; Haler, Ranking Minority Member; Hansen; Hargrove; Pedersen; Riccelli; Sawyer; Sells; Tarleton and Wylie.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Zeiger, Assistant Ranking Minority Member; Fagan; Johnson; Magendanz; Scott; Smith and Walsh.

 

Referred to Committee on Appropriations Subcommittee on Education.

 

March 26, 20130)

2ESB 5701         Prime Sponsor, Senator Brown: Authorizing the suspension or revocation of certificates or permits to teach based on the fraudulent submission of tests for educators. (REVISED FOR ENGROSSED: Authorizing penalties based on the fraudulent submission of tests for educators. )  Reported by Committee on Education

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Santos, Chair; Stonier, Vice Chair; Dahlquist, Ranking Minority Member; Magendanz, Assistant Ranking Minority Member; Bergquist; Fagan; Haigh; Hargrove; Hawkins; Hayes; Hunt; Klippert; Lytton; Maxwell; McCoy; Orwall; Pike; Pollet; Seaquist and Warnick.

 

Passed to Committee on Rules for second reading.

 

March 26, 20130)

SB 5712             Prime Sponsor, Senator Kohl-Welles: Encouraging community colleges to use, and inform students of the use of, multiple measures to determine the need for precollege courses.  Reported by Committee on Higher Education

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Seaquist, Chair; Pollet, Vice Chair; Haler, Ranking Minority Member; Zeiger, Assistant Ranking Minority Member; Fagan; Hansen; Hargrove; Johnson; Magendanz; Pedersen; Riccelli; Sawyer; Scott; Sells; Smith; Tarleton; Walsh and Wylie.

 

Passed to Committee on Rules for second reading.

 

March 26, 20130)

ESSB 5744         Prime Sponsor, Committee on Commerce & Labor: Monitoring the progress of the logger safety initiative.  Reported by Committee on Labor & Workforce Development

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  The legislature finds that many Washington workers involved in manual logging in the logging industry suffer industrial injuries with greater frequency and severity than workers in other industries.  The legislature further finds that the incidence and severity of injury is particularly high among young workers during the early periods of employment in manual logging.  The legislature recognizes the importance of improving safety performance in the logging industry to reduce industrial injuries for workers and resulting workers' compensation premium rates for employers.  The legislature acknowledges that industry participants, including private land owners, timber industry employers, the department of natural resources, and the department of labor and industries, have formed a logger safety task force to develop and implement a logger safety initiative.  The goal of the initiative is to reduce the frequency and severity of injuries in the logging industry.  The task force will create a program that will establish sector-wide standards for worker training and supervision; establish a certification process for individual company safety programs; and review the progress of logging operations through mandatory performance-based audits.  The legislature further recognizes that as the safety culture in the logging industry evolves, the frequency and severity of injuries will decrease, which will drive down industrial insurance costs for logging industry employers.  While the industrial insurance costs will decline over time as safety improves, the legislature acknowledges that an immediate reduction in industrial insurance rates for the 2014 rate year for participating logging employers provides an additional incentive for these employers to commit to the logger safety initiative.  Therefore, the legislature intends to monitor development and implementation of the logger safety initiative.

NEW SECTION.  Sec. 2.  A new section is added to chapter 51.04 RCW to read as follows:

      (1) The department shall include one or more representatives of logging industry workers on the logger safety task force. In addition, the department shall reach out to all employers in the logging industry, including those having one or more on the job fatalities in the last five years, and invite them to participate in the logger safety initiative.  All participants must comply with the requirements of the logger safety initiative.

      (2) By December 31, 2013, the department shall report back to the appropriate committees of the legislature on the development and implementation of the logger safety initiative.  The report shall provide a status update on implementation of the initiative and participation in the safety program, including a description and summary of the worker training and supervision standards and the certification process for individual companies.  The report shall also contain a description and summary of any industrial insurance rate reduction or other incentive for rate year 2014 that will be applied to employers participating in the initiative.  The report may provide recommendations for legislative consideration to further the goals of the initiative."

      Correct the title.

 

Signed by Representatives Sells, Chair; Manweller, Ranking Minority Member; Condotta, Assistant Ranking Minority Member; Green; Holy; Moeller; Ormsby and Short.

 

Referred to Committee on Appropriations Subcommittee on Health & Human Services.

 

March 27, 20130)

SSB 5786           Prime Sponsor, Committee on Natural Resources & Parks: Requiring certain information in commercial fishing guide license applications.  Reported by Committee on Agriculture & Natural Resources

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  A new section is added to chapter 77.65 RCW to read as follows:

      (1) Any application for a food fish guide license under RCW 77.65.370 or game fish guide license under RCW 77.65.480 must include:

      (a) The applicant's driver's license or other government-issued identification card number and the jurisdiction of issuance;

      (b) The applicant's unified business identifier number under a master license issued under RCW 19.02.070;

      (c) Proof of current certification in first aid and cardiopulmonary resuscitation;

      (d) A certificate of insurance demonstrating that the applicant has commercial liability coverage of at least three hundred thousand dollars; and

      (e) If applicable, an original or notarized copy of a valid license issued by the United States coast guard to the applicant that authorizes the holder to carry passengers for hire.

      (2) The requirements of this section related to licensure by the United States coast guard apply only to applicants intending to carry passengers for hire with a motorized vessel on federally recognized navigable waters.  The license issued by the United States coast guard must be valid in the waters where the game fish guide or food fish guide license applicant will be carrying passengers for hire in a motorized vessel.

      (3) The requirements in this section are in addition to the requirements of RCW 77.65.050.

Sec. 2.  RCW 77.65.480 and 2011 c 339 s 30 are each amended to read as follows:

      (1) A taxidermy license allows the holder to practice taxidermy for commercial purposes, as that term is defined in RCW 77.15.110.  The fee for this license is one hundred eighty dollars.  The application fee is seventy dollars.

      (2) A fur dealer's license allows the holder to purchase, receive, or resell raw furs for commercial purposes, as that term is defined in RCW 77.15.110.  The fee for this license is one hundred eighty dollars.  The application fee is seventy dollars.

      (3) A game fish guide license allows the holder to offer or perform the services of a game fish guide in the taking of game fish.  The fee for this license is one hundred eighty dollars for a resident and six hundred dollars for a nonresident.  The application fee is seventy dollars.  An application for a game fish guide license must include the information required in section 1 of this act.

      (4) A game farm license allows the holder to operate a game farm to acquire, breed, grow, keep, and sell wildlife under conditions prescribed by the rules adopted pursuant to this title.  The fee for this license is seventy-two dollars for the first year and forty-eight dollars for each following year.  The application fee is seventy dollars.

      (5) A game fish stocking permit allows the holder to release game fish into the waters of the state as prescribed by rule of the commission.  The fee for this permit is twenty-four dollars.  The application fee is seventy dollars.

      (6) A fishing or field trial permit allows the holder to promote, conduct, hold, or sponsor a fishing or field trial contest in accordance with rules of the commission.  The fee for a fishing contest permit is twenty-four dollars.  The fee for a field trial contest permit is twenty-four dollars.  The application fee is seventy dollars.

      (7)(a) An anadromous game fish buyer's license allows the holder to purchase or sell steelhead trout and other anadromous game fish harvested by Indian fishers lawfully exercising fishing rights reserved by federal statute, treaty, or executive order, under conditions prescribed by rule of the director.  The fee for this license is one hundred eighty dollars.  The application fee is one hundred five dollars.

      (b) An anadromous game fish buyer's license is not required for those businesses that buy steelhead trout and other anadromous game fish from Washington licensed game fish dealers and sell solely at retail.

Sec. 3.  RCW 77.65.370 and 2009 c 333 s 8 are each amended to read as follows:

      (1) A person shall not offer or perform the services of a food fish guide without a food fish guide license in the taking of food fish for personal use in freshwater rivers and streams, except that a charter boat license is required to operate a vessel from which a person may for a fee fish for food fish in state waters listed in RCW 77.65.150(4)(b).

      (2) Only an individual at least sixteen years of age may hold a food fish guide license.  No individual may hold more than one food fish guide license.

      (3) An application for a food fish guide license must include the information required in section 1 of this act."

      Correct the title.

 

Signed by Representatives Blake, Chair; Lytton, Vice Chair; Chandler, Ranking Minority Member; MacEwen, Assistant Ranking Minority Member; Buys; Dunshee; Haigh; Kretz; Pettigrew; Schmick; Van De Wege and Warnick.

 

Passed to Committee on Rules for second reading.

 

March 26, 20130)

SB 5810             Prime Sponsor, Senator Darneille: Allowing the department of corrections to exempt information contained in the internal database on security threat group data from dissemination under the public records act.  Reported by Committee on Government Operations & Elections

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  A new section is added to chapter 72.09 RCW to read as follows:

      (1) The special investigations services unit of the department may collect, evaluate, collate, and analyze data and specific investigative information concerning the existence, structure, activities, and operations of security threat groups, drugs, and violence within department facilities and the participants involved therein under the jurisdiction of the department.

      (2) Security threat group data must be located in a centralized database of the department and must be used to maintain the safety and security of offenders, staff, facilities, and the public.  The data compiled may aid in addressing violence reduction, illegal activities, and identification of offender separation or protection needs, and may be used to assist law enforcement agencies and prosecutors in developing evidence for purposes of criminal prosecution upon request.

      (3) The security threat group database must only contain information directly related to an offender's security threat group affiliation or affiliations and activities.

      (4) Those portions of records contained in the security threat group database that identify an individual or an individual security threat are exempt from public disclosure under chapter 42.56 RCW.

Sec. 2.  RCW 42.56.240 and 2012 c 88 s 1 are each amended to read as follows:

      The following investigative, law enforcement, and crime victim information is exempt from public inspection and copying under this chapter:

      (1) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy;

      (2) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the commission, if disclosure would endanger any person's life, physical safety, or property.  If at the time a complaint is filed the complainant, victim, or witness indicates a desire for disclosure or nondisclosure, such desire shall govern.  However, all complaints filed with the commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath;

      (3) Any records of investigative reports prepared by any state, county, municipal, or other law enforcement agency pertaining to sex offenses contained in chapter 9A.44 RCW or sexually violent offenses as defined in RCW 71.09.020, which have been transferred to the Washington association of sheriffs and police chiefs for permanent electronic retention and retrieval pursuant to RCW 40.14.070(2)(b);

      (4) License applications under RCW 9.41.070; copies of license applications or information on the applications may be released to law enforcement or corrections agencies;

      (5) Information revealing the identity of child victims of sexual assault who are under age eighteen.  Identifying information means the child victim's name, address, location, photograph, and in cases in which the child victim is a relative or stepchild of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator;

      (6) The statewide gang database referenced in RCW 43.43.762;

      (7) Data from the electronic sales tracking system established in RCW 69.43.165;

      (8) Information submitted to the statewide unified sex offender notification and registration program under RCW 36.28A.040(6) by a person for the purpose of receiving notification regarding a registered sex offender, including the person's name, residential address, and e-mail address; ((and))

      (9) Personally identifying information collected by law enforcement agencies pursuant to local security alarm system programs and vacation crime watch programs.  Nothing in this subsection shall be interpreted so as to prohibit the legal owner of a residence or business from accessing information regarding his or her residence or business; and

      (10) Those portions of records contained in the security threat group database referenced in section 1 of this act that identify an individual or an individual security threat."

      Correct the title.

 

Signed by Representatives Hunt, Chair; Bergquist, Vice Chair; Buys, Ranking Minority Member; Alexander; Carlyle; Fitzgibbon; Orwall and Van De Wege.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Taylor, Assistant Ranking Minority Member; Kristiansen and Manweller.

 

Passed to Committee on Rules for second reading.

 

March 26, 20130)

SSB 5834           Prime Sponsor, Committee on Governmental Operations: Concerning veteran-owned businesses.  Reported by Committee on Community Development, Housing & Tribal Affairs

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 43.60A.010 and 2010 1st sp.s. c 7 s 117 and 2010 c 5 s 2 are each reenacted and amended to read as follows:

      As used in this chapter the following words and phrases shall have the following meanings unless the context clearly requires otherwise:

      (1) "Committee" means the veterans affairs advisory committee.

      (2) "Department" means the department of veterans affairs.

      (3) "Director" means the director of the department of veterans affairs.

      (4) "Goods and services" includes professional services and all other goods and services.

      (5) "Procurement" means the purchase, lease, or rental of any goods or services.

      (6) "State agency" includes the state of Washington and all agencies, departments, offices, divisions, boards, commissions, and correctional and other types of institutions.

      (7) "Veteran-owned business" means a business that is certified by the department ((to be at least fifty-one percent owned and controlled by:
      (a) A veteran as defined in RCW 41.04.007; or
      (b) An active or reserve member in any branch of the armed forces of the United States, including the national guard, coast guard, and armed forces reserves)) under RCW 43.60A.190.

Sec. 2.  RCW 43.60A.190 and 2008 c 187 s 1 are each amended to read as follows:

      (1) The department shall:

      (a) Develop and maintain a current list of veteran-owned businesses; and

      (b) Make the list available on the department's public web site.

      (2) To qualify as a veteran-owned business, the ((business must be at least fifty-one percent owned and controlled by)) department must certify that:

      (a) ((A veteran as defined in RCW 41.04.007; or
      (b) An active or reserve member in any branch of the armed forces of the United States, including the national guard, coast guard, and armed forces reserves.)) The business is at least fifty-one percent owned and controlled:
      (i) By a veteran as defined in this section; or
      (ii) Jointly by a veteran and his or her spouse or domestic partner if the veteran is involved in the day-to-day business operations; and
      (b) The state of Washington is where:
      (i) The principal office of the business is located;
      (ii) The veteran owner is a resident; or
      (iii) All corporate officers are residents if the business is a corporation.

      (3) To participate in the linked deposit program under chapter 43.86A RCW, a veteran-owned business qualified under this section must be certified by the department as a business:

      (a) In which the veteran owner possesses and exercises sufficient expertise specifically in the business's field of operation to make decisions governing the long-term direction and the day-to-day operations of the business;

      (b) That is organized for profit and performing a commercially useful function; and

      (c) That meets the criteria for a small business concern as established under chapter 39.19 RCW.

      (4) The department shall create a logo for the purpose of identifying veteran-owned businesses to the public.  The department shall put the logo on an adhesive sticker or decal suitable for display in a business window and distribute the stickers or decals to veteran-owned businesses listed with the department.

      (5)(a) Businesses may submit an application on a form prescribed by the department for inclusion on the list or to apply for certification under this section.

      (b) The department must notify the state treasurer of veteran-owned businesses that are no longer certified under this section.  The written notification to the state treasurer must contain information regarding the reasons for the decertification and information on financing provided to the veteran-owned business under RCW 43.86A.060.

      (6) The department may adopt rules necessary to implement this section.

(7) For purposes of this section, "veteran" means:
      (a) A person who meets the definition in RCW 41.04.007; or
      (b) An active or reserve member in any branch of the armed forces of the United States, including the national guard, coast guard, and armed forces reserves.

Sec. 3.  RCW 43.60A.195 and 2010 c 5 s 3 are each amended to read as follows:

      (1) The department shall develop a procedure for certifying veteran-owned businesses and maintain a list of veteran-owned businesses ((on the department's public web site)) to be accessible for all state agencies and educational institutions.  The department shall work with the department of enterprise services to provide access to a centralized list of certified veteran-owned businesses.

      (2) The department shall adopt rules necessary to implement chapter 5, Laws of 2010.  The department shall consult agencies to determine what specific information they must report to the department.

      (3) The department ((shall collaborate with and may assist agencies in implementing outreach to veteran-owned businesses)) and the department of enterprise services shall work together to develop a comprehensive plan insuring that certified veteran-owned businesses are provided an opportunity to participate in public contracts for public works and goods and services.

Sec. 4.  RCW 43.60A.200 and 2010 c 5 s 4 are each amended to read as follows:

      (1) State agencies are encouraged to award ((three)) five percent of all procurement contracts ((that are exempt from competitive bidding requirements under RCW 43.19.1906(2))) under chapters 39.04, 39.26, 39.80, and 47.28 RCW to veteran-owned businesses certified by the department under RCW 43.60A.195.

      (2) State agencies shall:

      (a) Perform outreach to veteran-owned businesses in collaboration with the department to increase opportunities for veteran-owned businesses to sell goods and services to the state; and

      (b) ((Work to match)) Provide agency ((procurement)) contracting records with the department's database of certified veteran‑owned businesses to establish how many procurement contracts are being awarded to those businesses."

 

Signed by Representatives McCoy, Chair; Appleton, Vice Chair; Angel, Ranking Minority Member; Johnson, Assistant Ranking Minority Member; Haler; Pike; Ryu; Santos and Sawyer.

 

Referred to Committee on Appropriations.

 

There being no objection, the bills listed on the day’s committee reports under the fifth order of business were referred to the committees so designated.

 

There being no objection, the House advanced to the eleventh order of business.

 

COMMITTEE APPOINTMENT

 

The Speaker (Representative Orwall presiding) announced the following committee appointment: Representative MacEwan was appointed the Assistant Ranking Member of the Capital Budget Committee.

 

There being no objection, the House adjourned until 10:00 a.m., March 29, 2013, the 75th Day of the Regular Session.

 

FRANK CHOPP, Speaker

BARBARA BAKER, Chief Clerk

 

 

 




1982

Committee Report................................................................................ 1

2020

Introduction & 1st Reading.................................................................. 1

4642

Introduced............................................................................................ 1

Adopted................................................................................................ 1

5100-S

Committee Report................................................................................ 1

5104

Committee Report................................................................................ 1

5123-S

Committee Report................................................................................ 2

5195-S

Committee Report................................................................................ 2

5198

Committee Report................................................................................ 2

5243-S2

Committee Report................................................................................ 3

5257

Committee Report................................................................................ 3

5258

Committee Report................................................................................ 3

5289-S

Committee Report................................................................................ 3

5318

Committee Report................................................................................ 4

5337

Committee Report................................................................................ 4

5362-S

Committee Report................................................................................ 4

5396-S

Committee Report................................................................................ 5

5400-S

Committee Report................................................................................ 5

5408

Committee Report................................................................................ 5

5446

Committee Report................................................................................ 5

5491-S

Committee Report................................................................................ 5

5507-S

Committee Report................................................................................ 6

5517-S

Committee Report................................................................................ 6

5518-S

Committee Report................................................................................ 6

5541

Committee Report................................................................................ 6

5563-S

Committee Report................................................................................ 6

5620

Committee Report................................................................................ 6

5624-S2

Committee Report................................................................................ 6

5701

Committee Report................................................................................ 6

5712

Committee Report................................................................................ 7

5744-S

Committee Report................................................................................ 7

5786-S

Committee Report................................................................................ 7

5810

Committee Report................................................................................ 8

5834-S

Committee Report................................................................................ 8

HOUSE OF REPRESENTATIVES (Representative Orwall presiding)

Committee Appointment...................................................................... 9