The House was called to order at 10:00 a.m. by the Speaker (Representative Orwall presiding). The Clerk called the roll and a quorum was present.

The flags were escorted to the rostrum by a Sergeant at Arms Color Guard, Pages James Itaya and Ngoc Nguyen. The Speaker (Representative Orwall presiding) led the Chamber in the Pledge of Allegiance.

Representative Tarleton requested a moment of silence in memory of the victims of the bombings in Boston

The prayer was offered by Representative Norma Smith, 10^th District.

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

The Speaker (Representative Orwall presiding) called upon Representative Moeller to preside.

RESOLUTION

HOUSE RESOLUTION NO. 2013-4650, by Representatives Hunt, Dunshee, Morris, Appleton, Seaquist, Fey, Walsh, Haler, Hargrove, Stonier, Goodman, Clibborn, and Springer

WHEREAS, During May 2013, many Washingtonians will celebrate the 50th Anniversary of the nationally and globally acclaimed successes of the 1963 American Mt. Everest Expedition, because Washington climbers achieved its most notable successes, and Washingtonians enthusiastically supported this historic achievement in many ways; and

WHEREAS, Members of this Expedition are famed for four unprecedented mountaineering achievements:

(1) On May 1, Jim Whittaker, a Washington State native, climbing with Sherpa Nawang Gombu by the South Col route, became the first American to reach Everest's 29,028 foot summit, the highest point on Earth;

(2) On May 22, Willi Unsoeld, who would become a faculty member at The Evergreen State College, and Tom Hornbein, who returned from Everest to the faculty at the University of Washington School of Medicine, pioneered the unprecedented and exceptionally difficult West Ridge route to the summit and descended by the South Col route to complete the first traverse of a major Himalayan peak;

(3) A few hours earlier that same day, Lute Jerstad, a former Washington resident, and Barry Bishop of Washington D.C. reached the summit by the South Col route; and

(4) Both teams were benighted during the descent, Unsoeld and Hornbein catching up with Jerstad and Bishop. All four survived an unplanned and unprecedented all-night bivouac above 28,000 feet without oxygen, tents, or food, and Unsoeld and Bishop suffered severe frostbite; and

WHEREAS, These mountaineering achievements are successes of the human spirit, involving supreme human effort, extraordinary physical capability and endurance, clear vision and goals, intense determination and focus, superior teamwork, high tolerance for discomfort and danger, and exceptional organizational and logistical preparation; and

WHEREAS, These mountaineering achievements are also the successes of the highly appreciated, dedicated, expert Sherpa climbers who accompanied and supported the members of the Expedition; and

WHEREAS, Human survival at the upper elevations of Mt. Everest is possible only for brief periods of time because the air contains roughly one-third of the oxygen density of sea level, temperatures are generally around negative 20 degrees Fahrenheit, and hurricane force winds are frequent; and

WHEREAS, Throughout the 109 days of the Expedition, the team steadily engaged in scientific research relating to physiology, psychology, sociology, geology, and glaciology; and

WHEREAS, The Expedition's worldwide acclaim included recognition by President Kennedy at a White House ceremony, by the National Geographic Society, by King Mahendra of Nepal, by the United States Ambassador to Nepal Henry Stebbins, by India Prime Minister Nehru, by the United States Ambassador to India John Kenneth Galbraith, by the Indian Mountaineering Foundation, by mountaineering organizations throughout the world, by major news media around the world, and more; and

WHEREAS, The people of Washington State played a very significant role in the historic successes of the Expedition, through team members with deep Washington ties, including Barry Prather of Ellensburg and John Breitenbach who attended the University of Washington and tragically died when a massive wall of ice in the Khumbu icefall shifted and buried him in tons of ice blocks; through many contributions of cash and in-kind donations from Washington businesses, organizations, and individuals; through Washington State's United States Senator Warren G. Magnuson serving on the Expedition's Advisory Committee; through the Expedition's training and equipment testing taking place at Mount Rainier; and more; and

WHEREAS, Washingtonians' outdoor recreation heritage of hiking, climbing, and camping in the State's extensive mountain ranges, and the widespread appreciation by Washingtonians of the State's beautiful mountains and stately snowy peaks, served as the inspiration for and enthusiastic support of the Expedition in 1963;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives, on the occasion of the 50th Anniversary of the historic first American ascent of Mt. Everest:

(1) Congratulate members of this historic Expedition Jim Whittaker, Nawang Gombu, Willi Unsoeld, Tom Hornbein, Lute Jerstad, Barry Bishop, and all those who supported them;

(2) Express appreciation to all Washingtonians, to the hundreds of others from around the country who assisted its achievements, and to Norman G. Dyhrenfurth who, with his determination and genius, organized and led the Expedition; and

(3) Encourage Washingtonians to continue to engage in outdoor recreation in Washington's welcoming mountain ranges and to continue to appreciate their splendor and be inspired to greatness by them; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Jim Whittaker, Jolene Unsoeld, Tom Hornbein, Norman G. Dyhrenfurth, to the other four surviving members of the team, and to the surviving widows or nearest of kin of the team members now deceased.

The Speaker (Representative Orwall presiding) stated the question before the House to be adoption of House Resolution No. 4650.

HOUSE RESOLUTION NO. 4650 was adopted.

The Speaker assumed the chair.

SIGNED BY THE SPEAKER

The Speaker signed the following bills:

SUBSTITUTE SENATE BILL NO. 5021

SENATE BILL NO. 5025

SENATE BILL NO. 5046

SUBSTITUTE SENATE BILL NO. 5077

ENGROSSED SUBSTITUTE SENATE BILL NO. 5110

SENATE BILL NO. 5114

SENATE BILL NO. 5142

SUBSTITUTE SENATE BILL NO. 5165

SENATE BILL NO. 5186

SENATE BILL NO. 5207

SUBSTITUTE SENATE BILL NO. 5210

SENATE BILL NO. 5212

SENATE BILL NO. 5235

SUBSTITUTE SENATE BILL NO. 5274

SENATE BILL NO. 5302

SUBSTITUTE SENATE BILL NO. 5316

SUBSTITUTE SENATE BILL NO. 5332

SUBSTITUTE SENATE BILL NO. 5352

SUBSTITUTE SENATE BILL NO. 5400

SENATE BILL NO. 5466

SUBSTITUTE SENATE BILL NO. 5517

SENATE BILL NO. 5541

SUBSTITUTE SENATE BILL NO. 5568

SECOND SUBSTITUTE SENATE BILL NO. 5624

SENATE BILL NO. 5627

SENATE BILL NO. 5712

SENATE BILL NO. 5751

SUBSTITUTE SENATE BILL NO. 5774

ENGROSSED SUBSTITUTE SENATE BILL NO. 5849

SUBSTITUTE HOUSE BILL NO. 1034

HOUSE BILL NO. 1035

HOUSE BILL NO. 1056

HOUSE BILL NO. 1109

HOUSE BILL NO. 1112

HOUSE BILL NO. 1113

HOUSE BILL NO. 1146

HOUSE BILL NO. 1182

HOUSE BILL NO. 1209

HOUSE BILL NO. 1213

SUBSTITUTE HOUSE BILL NO. 1307

HOUSE BILL NO. 1311

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1325

SUBSTITUTE HOUSE BILL NO. 1343

SUBSTITUTE HOUSE BILL NO. 1376

ENGROSSED HOUSE BILL NO. 1396

HOUSE BILL NO. 1469

SECOND SUBSTITUTE HOUSE BILL NO. 1518

HOUSE BILL NO. 1533

SUBSTITUTE HOUSE BILL NO. 1537

HOUSE BILL NO. 1565

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1625

HOUSE BILL NO. 1639

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1647

SUBSTITUTE HOUSE BILL NO. 1686

HOUSE BILL NO. 1770

HOUSE BILL NO. 1790

SUBSTITUTE HOUSE BILL NO. 1806

SUBSTITUTE HOUSE BILL NO. 1836

HOUSE BILL NO. 1860

SUBSTITUTE HOUSE BILL NO. 1886

SUBSTITUTE HOUSE BILL NO. 1889

HOUSE BILL NO. 1937

HOUSE BILL NO. 1006

HOUSE BILL NO. 1108

HOUSE BILL NO. 1124

SUBSTITUTE HOUSE BILL NO. 1141

HOUSE BILL NO. 1148

HOUSE BILL NO. 1154

HOUSE BILL NO. 1175

SUBSTITUTE HOUSE BILL NO. 1192

SUBSTITUTE HOUSE BILL NO. 1327

HOUSE BILL NO. 1351

ENGROSSED HOUSE BILL NO. 1400

HOUSE BILL NO. 1404

SUBSTITUTE HOUSE BILL NO. 1435

SUBSTITUTE HOUSE BILL NO. 1512

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1515

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1524

ENGROSSED HOUSE BILL NO. 1677

SUBSTITUTE HOUSE BILL NO. 1752

SUBSTITUTE HOUSE BILL NO. 1853

HOUSE BILL NO. 1903

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1944

The Speaker called upon Representative Moeller to preside

MESSAGES FROM THE SENATE

April 15, 2013

MR. SPEAKER:

The Senate has passed:

HOUSE BILL NO. 1124

HOUSE BILL NO. 1175

SUBSTITUTE HOUSE BILL NO. 1327

HOUSE BILL NO. 1351

SUBSTITUTE HOUSE BILL NO. 1512

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1524

SUBSTITUTE HOUSE BILL NO. 1752

HOUSE BILL NO. 1903

and the same are herewith transmitted.

Hunter G. Goodman, Secretary

April 15, 2013

MR. SPEAKER:

The Senate has passed:

HOUSE BILL NO. 1006

HOUSE BILL NO. 1108

SUBSTITUTE HOUSE BILL NO. 1141

HOUSE BILL NO. 1148

HOUSE BILL NO. 1154

SUBSTITUTE HOUSE BILL NO. 1192

ENGROSSED HOUSE BILL NO. 1400

HOUSE BILL NO. 1404

SUBSTITUTE HOUSE BILL NO. 1435

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1515

ENGROSSED HOUSE BILL NO. 1677

SUBSTITUTE HOUSE BILL NO. 1853

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1944

and the same are herewith transmitted.

Hunter G. Goodman, Secretary

April 15, 2013

MR. SPEAKER:

The President has signed:

ENGROSSED SUBSTITUTE SENATE BILL NO. 5110

SENATE BILL NO. 5302

SUBSTITUTE SENATE BILL NO. 5316

SUBSTITUTE SENATE BILL NO. 5332

SUBSTITUTE SENATE BILL NO. 5568

SECOND SUBSTITUTE SENATE BILL NO. 5624

ENGROSSED SUBSTITUTE SENATE BILL NO. 5849

and the same are herewith transmitted.

Hunter G. Goodman, Secretary

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

INTRODUCTIONS AND FIRST READING

HB 2031 by Representatives Green, Ormsby, Reykdal, Appleton, Lytton and Moeller

AN ACT Relating to prohibiting certain employer communications about political or religious matters; adding new sections to chapter 49.44 RCW; and creating a new section.

Referred to Committee on Labor & Workforce Development.

HB 2032 by Representatives Green, Ormsby, Reykdal, Appleton and Moeller

AN ACT Relating to achieving economic security through income sufficient to meet basic needs; amending RCW 49.46.005 and 49.46.020; and providing for submission of this act to a vote of the people.

Referred to Committee on Labor & Workforce Development.

There being no objection, the bills listed on the day’s introduction sheet under the fourth order of business were referred to the committees so designated.

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

SECOND READING

HOUSE BILL NO. 1864, by Representatives Clibborn, Liias, Ryu and Fey

Making transportation appropriations for the 2011-2013 and 2013-2015 fiscal biennia.

The bill was read the second time.

There being no objection, Substitute House Bill No. 1864 was substituted for House Bill No. 1864 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1864 was read the second time.

With the consent of the house, amendments (412), (416), (417), (420) and (421) were withdrawn.

MOTIONS

On motion of Representative Harris, Representatives DeBolt and Kretz were excused. On motion of Representative Van De Wege, Representative Freeman was excused.

Representative Klippert moved the adoption of amendment (433).

0) On page 7, after line 5, insert the following:

      "(3) $250,000 of the motor vehicle account--state appropriation is provided solely for the joint transportation committee to coordinate an analysis of potential savings and benefits by consolidating law enforcement and emergency dispatching centers within the state of Washington. The analysis must consider different governing structures to coordinate and manage dispatching services in specific regions within the state. The analysis must review other states that are similar in size and population to gain an understanding of how other states have coordinated their dispatching centers and benefits that might be gained by employing some of the same processes within Washington.
      The0. final report from the analysis must:
      (a) Provide an inventory of the existing dispatch centers in the state along with staffing levels, funding, and services provided;
      (b) Provide a list of dispatch centers that would benefit from consolidation and the centers that would not benefit and why;
      (c) Provide options for a governing board to consolidate and oversee the new dispatch center structure;
      (d) Identify any potential benefits and improved services to the public to be derived by consolidating dispatch centers;
      (e) Identify any potential savings through consolidating communication systems, facilities, and staffing;
      (f) Identify any technology and communication challenges that may require special expertise during the consolidation phase; and
      (g) Provide cost estimates for the consolidation and on-going operations of the proposed restructuring of the state's dispatch centers.
      The final report must be delivered to the speaker of the house of representatives and the lieutenant governor of the senate by November 1, 2014."

Representatives Klippert and Clibborn spoke in favor of the adoption of the amendment.

Representative Morris spoke against the adoption of the amendment.

Amendment (433) was adopted.

Representative Clibborn moved the adoption of amendment (434).

0) On page 7, line 7, increase the Motor Vehicle Account--State Appropriation by $174,000

On page 7, line 10, correct the total

On page 9, after line 23, insert the following:

"(7) $174,000 of the motor vehicle account--state appropriation is provided solely for the voice of Washington survey program. The funding shall be utilized for the continued program maintenance and two transportation surveys for the 2013-2015 fiscal biennium."

On page 87, line 24, decrease the Motor Vehicle Account--State Appropriation by $95,000

On page 87, line 27, correct the total

Representatives Clibborn and Orcutt spoke in favor of the adoption of the amendment.

Amendment (434) was adopted.

Representative Angel moved the adoption of amendment (386).

0) Beginning on page 7, line 13, strike all of subsections (1) through (4)

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

On page 9, after line 23, insert the following:
"(7) It is the intent of the legislature to not delegate ferry fare or toll rate setting but to retain the authority to set fees as set forth in Initiative Measure No. 1185 as adopted by the voters in the November 6, 2012, general election."

      Beginning on page 87, line 30, after "(1)" strike all material through "(3)" on page 88, line 13 and insert "((Consistent with RCW 43.135.055, 47.60.290, and 47.60.315, during the 2011-2013 fiscal biennium, the legislature authorizes the transportation commission to periodically review and, if necessary, adjust the schedule of fares for the Washington state ferry system only in amounts not greater than those sufficient to generate the amount of revenue required by the biennial transportation budget. When adjusting ferry fares, the commission must consider input from affected ferry users by public hearing and by review with the affected ferry advisory committees, in addition to the data gathered from the current ferry user survey.
      (2) Consistent with RCW 43.135.055 and 47.46.100, during the 2011-2013 fiscal biennium, the legislature authorizes the transportation commission to periodically review and, if necessary, adjust the schedule of toll charges applicable to the Tacoma Narrows bridge only in amounts not greater than those sufficient to support (a) any required costs for operating and maintaining the toll bridge, including the cost of insurance, (b) any amount required by law to meet the redemption of bonds and applicable interest payments, and (c) repayment of the motor vehicle fund.
      (3))) It is the intent of the legislature to not delegate ferry fare or toll rate setting but to retain the authority to set fees as set forth in Initiative Measure No. 1185 as adopted by the voters in the November 6, 2012, general election.
      (2)"

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

Representatives Angel and Orcutt spoke in favor of the adoption of the amendment.

Representative Clibborn spoke against the adoption of the amendment.

An electronic roll call was requested.

ROLL CALL

The Clerk called the roll on the adoption of amendment (386) and the amendment was not adopted by the following vote: Yeas, 42; Nays, 53; Absent, 0; Excused, 3.

Voting yea: Representatives Alexander, Angel, Buys, Chandler, Condotta, Crouse, Dahlquist, Fagan, Haler, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Hurst, Johnson, Kochmar, Kristiansen, MacEwen, Magendanz, Manweller, Nealey, O'Ban, Orcutt, Overstreet, Parker, Pike, Rodne, Ross, Schmick, Scott, Shea, Short, Smith, Stonier, Taylor, Vick, Walsh, Warnick, Wilcox and Zeiger.

Voting nay: Representatives Appleton, Bergquist, Blake, Carlyle, Clibborn, Cody, Dunshee, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Hansen, Hudgins, Hunt, Hunter, Jinkins, Kagi, Kirby, Klippert, Liias, Lytton, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Ormsby, Orwall, Pedersen, Pettigrew, Pollet, Reykdal, Riccelli, Roberts, Ryu, Santos, Sawyer, Seaquist, Sells, Springer, Stanford, Sullivan, Takko, Tarleton, Tharinger, Upthegrove, Van De Wege, Wylie and Mr. Speaker.

Excused: Representatives DeBolt, Freeman and Kretz.

Amendment (386) was not adopted.

Representative Takko moved the adoption of amendment (414).

0) On page 9, line 29, increase the State Patrol Highway Account--State Appropriation by $370,000

On page 10, line 3, correct the total

On page 11, after line 22, insert the following:

"(12) $370,000 of the state patrol highway account--state appropriation is provided solely for costs associated with the pilot program described under section 216(5) of this act. The Washington state patrol may incur costs related only to the assignment of cadets and necessary computer equipment and to the reimbursement of the department of transportation for contract costs. The appropriation in this subsection must be funded from the portion of the automated traffic safety camera infraction fines deposited into the state patrol highway account; however, if the fines deposited into the state patrol highway account from automated traffic safety camera infractions do not reach three hundred seventy thousand dollars, the department of transportation shall remit funds necessary to the Washington state patrol to ensure the completion of the pilot program. The Washington state patrol may not incur overtime as a result of this pilot program. The Washington state patrol shall not assign troopers to operate or deploy the pilot program equipment used in roadway construction zones."

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

On page 19, after line 30, insert the following:

"(5) The department, in consultation with the Washington state patrol, must continue a pilot program for the state patrol to issue infractions based on information from automated traffic safety cameras in roadway construction zones on state highways. For the purpose of this pilot program, during the 2013-2015 fiscal biennium, a roadway construction zone includes areas where public employees or private contractors may be present or where a driving condition exists that would make it unsafe to drive at higher speeds, such as, when the department is redirecting or realigning lanes on any public roadway pursuant to ongoing construction. The department shall use the following guidelines to administer the program:

(a) Automated traffic safety cameras may only take pictures of the vehicle and vehicle license plate and only while an infraction is occurring. The picture must not reveal the face of the driver or of passengers in the vehicle;

(b) The department shall plainly mark the locations where the automated traffic safety cameras are used by placing signs on locations that clearly indicate to a driver that he or she is entering a roadway construction zone where traffic laws are enforced by an automated traffic safety camera;

(c) Notices of infractions must be mailed to the registered owner of a vehicle within fourteen days of the infraction occurring;

(d) The owner of the vehicle is not responsible for the violation if the owner of the vehicle, within fourteen days of receiving notification of the violation, mails to the patrol, a declaration under penalty of perjury, stating that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person other than the registered owner, or any other extenuating circumstances;

(e) For purposes of the 2013-2015 fiscal biennium pilot program, infractions detected through the use of automated traffic safety cameras are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120. Additionally, infractions generated by the use of automated traffic safety cameras must be processed in the same manner as parking infractions for the purposes of RCW 3.50.100, 35.20.220, 46.16A.120, and 46.20.270(3). However, the amount of the fine issued under this subsection (3) for an infraction generated through the use of an automated traffic safety camera is one hundred thirty-seven dollars. The court shall remit thirty-two dollars of the fine to the state treasurer for deposit into the state patrol highway account; and

(f) If a notice of infraction is sent to the registered owner and the registered owner is a rental car business, the infraction must be dismissed against the business if it mails to the patrol, within fourteen days of receiving the notice, a declaration under penalty of perjury of the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred. If the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred, the business must sign a declaration under penalty of perjury to this effect. The declaration must be mailed to the patrol within fourteen days of receiving the notice of traffic infraction. Timely mailing of this declaration to the issuing agency relieves a rental car business of any liability under this section for the notice of infraction. A declaration form suitable for this purpose must be included with each automated traffic safety camera infraction notice issued, along with instructions for its completion and use."

Renumber the remaining subsections consecutively and correct any internal

references accordingly.

On page 82, after line 13, insert the following:

"NEW SECTION. Sec. 711. RCW 46.63.170 and 2012 c 85 s 3 and 2012 c 83 s 7 are each reenacted and amended to read as follows:

(1) The use of automated traffic safety cameras for issuance of notices of infraction is subject to the following requirements:

(a) The appropriate local legislative authority must prepare an analysis of the locations within the jurisdiction where automated traffic safety cameras are proposed to be located: (i) Before enacting an ordinance allowing for the initial use of automated traffic safety cameras; and (ii) before adding additional cameras or relocating any existing camera to a new location within the jurisdiction. Automated traffic safety cameras may be used to detect one or more of the following: Stoplight, railroad crossing, or school speed zone violations. At a minimum, the local ordinance must contain the restrictions described in this section and provisions for public notice and signage. Cities and counties using automated traffic safety cameras before July 24, 2005, are subject to the restrictions described in this section, but are not required to enact an authorizing ordinance. Beginning one year after June 7, 2012, cities and counties using automated traffic safety cameras must post an annual report of the number of traffic accidents that occurred at each location where an automated traffic safety camera is located as well as the number of notices of infraction issued for each camera and any other relevant information about the automated traffic safety cameras that the city or county deems appropriate on the city's or county's web site.

(b) Use of automated traffic safety cameras is restricted to the following locations only: (i) Intersections of two arterials with traffic control signals that have yellow change interval durations in accordance with RCW 47.36.022, which interval durations may not be reduced after placement of the camera; (ii) railroad crossings; and (iii) school speed zones.

(c) During the 2011-2013 fiscal biennium, automated traffic safety cameras may be used to detect speed violations for the purposes of section 201(2), chapter 367, Laws of 2011 if the local legislative authority first enacts an ordinance authorizing the use of cameras to detect speed violations.

(d) Automated traffic safety cameras may only take pictures of the vehicle and vehicle license plate and only while an infraction is occurring. The picture must not reveal the face of the driver or of passengers in the vehicle. The primary purpose of camera placement is to take pictures of the vehicle and vehicle license plate when an infraction is occurring. Cities and counties shall consider installing cameras in a manner that minimizes the impact of camera flash on drivers.

(e) A notice of infraction must be mailed to the registered owner of the vehicle within fourteen days of the violation, or to the renter of a vehicle within fourteen days of establishing the renter's name and address under subsection (3)(a) of this section. The law enforcement officer issuing the notice of infraction shall include with it a certificate or facsimile thereof, based upon inspection of photographs, microphotographs, or electronic images produced by an automated traffic safety camera, stating the facts supporting the notice of infraction. This certificate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding charging a violation under this chapter. The photographs, microphotographs, or electronic images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the infraction. A person receiving a notice of infraction based on evidence detected by an automated traffic safety camera may respond to the notice by mail.

(f) The registered owner of a vehicle is responsible for an infraction under RCW 46.63.030(1)(d) unless the registered owner overcomes the presumption in RCW 46.63.075, or, in the case of a rental car business, satisfies the conditions under subsection (3) of this section. If appropriate under the circumstances, a renter identified under subsection (3)(a) of this section is responsible for an infraction.

(g) Notwithstanding any other provision of law, all photographs, microphotographs, or electronic images prepared under this section are for the exclusive use of law enforcement in the discharge of duties under this section and are not open to the public and may not be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation under this section. No photograph, microphotograph, or electronic image may be used for any purpose other than enforcement of violations under this section nor retained longer than necessary to enforce this section.

(h) All locations where an automated traffic safety camera is used must be clearly marked at least thirty days prior to activation of the camera by placing signs in locations that clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by an automated traffic safety camera. Signs placed in automated traffic safety camera locations after June 7, 2012, must follow the specifications and guidelines under the manual of uniform traffic control devices for streets and highways as adopted by the department of transportation under chapter 47.36 RCW.

(i) If a county or city has established an authorized automated traffic safety camera program under this section, the compensation paid to the manufacturer or vendor of the equipment used must be based only upon the value of the equipment and services provided or rendered in support of the system, and may not be based upon a portion of the fine or civil penalty imposed or the revenue generated by the equipment.

(2) Infractions detected through the use of automated traffic safety cameras are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120. Additionally, infractions generated by the use of automated traffic safety cameras under this section shall be processed in the same manner as parking infractions, including for the purposes of RCW 3.50.100, 35.20.220, 46.16A.120, and 46.20.270(3). The amount of the fine issued for an infraction generated through the use of an automated traffic safety camera shall not exceed the amount of a fine issued for other parking infractions within the jurisdiction. However, the amount of the fine issued for a traffic control signal violation detected through the use of an automated traffic safety camera shall not exceed the monetary penalty for a violation of RCW 46.61.050 as provided under RCW 46.63.110, including all applicable statutory assessments.

(3) If the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before a notice of infraction being issued under this section, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within eighteen days of receiving the written notice, provide to the issuing agency by return mail:

(a) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or

(b) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred because the vehicle was stolen at the time of the infraction. A statement provided under this subsection must be accompanied by a copy of a filed police report regarding the vehicle theft; or

Timely mailing of this statement to the issuing law enforcement agency relieves a rental car business of any liability under this chapter for the notice of infraction.

(4) Nothing in this section prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030(1) (a), (b), or (c).

(5) For the purposes of this section, "automated traffic safety camera" means a device that uses a vehicle sensor installed to work in conjunction with an intersection traffic control system, a railroad grade crossing control system, or a speed measuring device, and a camera synchronized to automatically record one or more sequenced photographs, microphotographs, or electronic images of the rear of a motor vehicle at the time the vehicle fails to stop when facing a steady red traffic control signal or an activated railroad grade crossing control signal, or exceeds a speed limit in a school speed zone as detected by a speed measuring device. During the 2011-2013 fiscal biennium, an automated traffic safety camera includes a camera used to detect speed violations for the purposes of section 201(2), chapter 367, Laws of 2011.

(6) During the 2011-2013 and 2013-2015 fiscal ((~~biennium~~)) biennia, this section does not apply to automated traffic safety cameras for the purposes of ((~~section 216(5), chapter 367, Laws of 2011~~)) section 216(5) of this act."

On page 90, line 2, increase the State Patrol Highway Account--State Appropriation by $370,000

On page 90, line 11, correct the total

On page 90, beginning on line 31, after "(3)" strike all material through "~~(4)~~" on page 32, line 10 and insert the following:

"$370,000 of the state patrol highway account--state appropriation is provided solely for costs associated with the pilot program described under section 216(5) ((~~of this act~~)), chapter 86, Laws of 2012. The Washington state patrol may incur costs related only to the assignment of cadets and necessary computer equipment and to the reimbursement of the Washington state department of transportation for contract costs. The appropriation in this subsection must be funded from the portion of the automated traffic safety camera fines deposited into the state patrol highway account; however, if the fines deposited into the state patrol highway account from automated traffic safety camera infractions do not reach three hundred seventy thousand dollars, the department of transportation shall remit funds necessary to the Washington state patrol to ensure the completion of the pilot program. The Washington state patrol may not incur overtime as a result of this pilot program. The Washington state patrol shall not assign troopers to operate or deploy the pilot program equipment used in the roadway construction zones.

(4) (("

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

On page 107, beginning on line 15, after "(5)" strike all material through "6))" on page 108, line 34 and insert the following:

"The department, in consultation with the Washington state patrol, must continue a pilot program for the patrol to issue infractions based on information from automated traffic safety cameras in roadway construction zones on state highways. The department must report to the joint transportation committee by January 1, 2012, and January 1, 2013, on the status of this pilot program. For the purpose of this pilot program, during the 2011-2013 fiscal biennium, a roadway construction zone includes areas where public employees or private contractors may be present or where a driving condition exists that would make it unsafe to drive at higher speeds, such as, when the department is redirecting or realigning lanes on any public roadway pursuant to ongoing construction. The department shall use the following guidelines to administer the program:

(c) Notices of infractions must be mailed to the registered owner of a vehicle within fourteen days of the infraction occurring;

(e) For purposes of the 2011-2013 fiscal biennium pilot program, infractions detected through the use of automated traffic safety cameras are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120. Additionally, infractions generated by the use of automated traffic safety cameras must be processed in the same manner as parking infractions for the purposes of RCW 3.50.100, 35.20.220, 46.16A.120, and 46.20.270(3). However, the amount of the fine issued under this subsection (5) for an infraction generated through the use of an automated traffic safety camera is one hundred thirty-seven dollars. The court shall remit thirty-two dollars of the fine to the state treasurer for deposit into the state patrol highway account; and

(f) If a notice of infraction is sent to the registered owner and the registered owner is a rental car business, the infraction must be dismissed against the business if it mails to the patrol, within fourteen days of receiving the notice, a declaration under penalty of perjury of the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred. If the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred, the business must sign a declaration under penalty of perjury to this effect. The declaration must be mailed to the patrol within fourteen days of receiving the notice of traffic infraction. Timely mailing of this declaration to the issuing agency relieves a rental car business of any liability under this section for the notice of infraction. A declaration form suitable for this purpose must be included with each automated traffic infraction notice issued, along with instructions for its completion and use.

(6)"

Representative Takko spoke in favor of the adoption of the amendment.

Representatives Overstreet, Hayes and Holy spoke against the adoption of the amendment.

An electronic roll call was requested.

ROLL CALL

The Clerk called the roll on the adoption of amendment (414) and the amendment was adopted by the following vote: Yeas, 50; Nays, 45; Absent, 0; Excused, 3.

Voting yea: Representatives Appleton, Bergquist, Blake, Carlyle, Clibborn, Cody, Dunshee, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Hansen, Hudgins, Hunt, Hunter, Jinkins, Kagi, Kochmar, Liias, Lytton, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Ormsby, Orwall, Pedersen, Pettigrew, Pollet, Riccelli, Roberts, Ryu, Santos, Seaquist, Sells, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Tharinger, Van De Wege, Wylie and Mr. Speaker.

Voting nay: Representatives Alexander, Angel, Buys, Chandler, Condotta, Crouse, Dahlquist, Fagan, Haler, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Hurst, Johnson, Kirby, Klippert, Kristiansen, MacEwen, Magendanz, Manweller, Nealey, O'Ban, Orcutt, Overstreet, Parker, Pike, Reykdal, Rodne, Ross, Sawyer, Schmick, Scott, Shea, Short, Smith, Taylor, Upthegrove, Vick, Walsh, Warnick, Wilcox and Zeiger.

Excused: Representatives DeBolt, Freeman and Kretz.

Amendment (414) was adopted.

Representative Liias moved the adoption of amendment (408).

0) On page 11, line 21, after "providing" insert "his or her return time and"

Representatives Liias and Orcutt spoke in favor of the adoption of the amendment.

Amendment (408) was adopted.

Representative Farrell moved the adoption of amendment (425).

0) On page 19, beginning on line 17, after "(4)" strike all material through "signs" on line 30 and insert "(a) Upon receipt of funding from the city of Kenmore, the department shall erect guide signs along interstate 5, interstate 405, and state route 522 directing travelers to Bastyr University and Kenmore International Air Harbor.

(b) Within existing resources, and only if the department is replacing existing signs, the department shall erect:

(i) Guide signs on interstate 405 northbound and southbound that include the city of Kenmore; and

(ii) Overhead signs on interstate 5 northbound and southbound that include the city of Kenmore"

Representatives Farrell and Orcutt spoke in favor of the adoption of the amendment.

Amendment (425) was adopted.

Representative Klippert moved the adoption of amendment (411).

0) On page 25, after line 34, insert the following:

“(8) An affected urban growth area that has not previously implemented a commute trip reduction program as of the effective date of this act is exempt from the requirements in RCW 70.94.527.”

Representatives Klippert, Clibborn and Orcutt spoke in favor of the adoption of the amendment.

Amendment (411) was adopted.

Representative Condotta moved the adoption of amendment (415).

0) On page 29, line 28, increase the Motor Vehicle Account--State Appropriation by $17,000,000

On page 29, line 29, correct the total

On page 30, after line 18, insert the following:

"(3) $17,000,000 of the motor vehicle account--state appropriation is provided solely for costs associated with the construction and consolidation of facilities identified as high priority replacement projects in the facilities oversight plan prepared for the governor and the joint transportation committee of the legislature and dated September 1, 2012. $16,500,000 of this appropriation must be held in unallotted status until the office of financial management deems that revenue applicable to the sale of identified surplus property is sufficient to cover project expenditures. The Wenatchee administrative building and the Leavenworth and Blewett section maintenance facility projects are to be included in a pilot demonstration project funded by this appropriation. Revenue offsetting this appropriation is anticipated to come from the sale of properties owned by the department but no longer needed for transportation purposes. A portion of the appropriation in this section may be used to prepare, market, and sell the properties providing the offsetting revenue for this appropriation. Proceeds from the sale of these properties must be deposited in the motor vehicle account. The department shall report to the office of financial management and the transportation committees of the legislature the results of the pilot demonstration project, as well as suggestions to improve the process as a part of the department's annual facilities oversight report update."

Representatives Condotta and Clibborn spoke in favor of the adoption of the amendment.

Amendment (415) was adopted.

Representative Pike moved the adoption of amendment (423).

0) On page 31, line 38, after "(400506A)." insert "The funding provided may only be spent on preparing a supplemental environmental impact statement."

On page 32, beginning on line 1, after "(b)" strike all material through "July 1, 2014" on page 33, line 20, and insert "The legislature finds that the design alternative selected by the state department of transportation, the federal highway administration, and the federal transit administration for a new Interstate 5 bridge that connects Vancouver, Washington to Portland, Oregon is not acceptable as currently designed. As stated by an independent review panel of the Columbia river crossing project, "Complexities in design and construction produce great uncertainties in ultimate costs required and, even under full available funding, the time to construct will by lengthy, further increasing risk of affordability." The legislature further finds that:

(i) The United States coast guard has not approved the design alternative due to a lack of clearance between the Columbia river and the bridge deck, which will adversely affect the free movement of maritime freight and future economic development;

(ii) The inclusion of light rail in the design alternative results in a cost increase to the project of over nine hundred twenty-five million dollars for taxpayers, while imposing a commute time penalty of one hundred twenty-five percent for Vancouver transit riders;

(iii) The citizens of Clark county voted in November 2012 not to fund the costs of operating and maintaining light rail;

(iv) The current design alternative will not reduce congestion as it only offers three full span vehicular lanes in each direction, which is the same as the current Interstate 5 bridge; and

(v) The current contractor responsible for the environmental impact statement has repeatedly exceeded the deadlines and budgetary constraints.

(c) Therefore, it is the intent of the legislature that no funds be spent to further the selected design alternative as described in the December 7, 2011, record of decision. Within the amounts provided for the Columbia river crossing project, the department must prepare a new design alternative and a supplemental environmental impact statement, that should be completed in not more than twelve months, that includes the following:

(i) A clearance height between the bridge deck and the Columbia river that accommodates all existing and future river users and accommodates those river users' reasonable and foreseeable future needs;

(ii) A third bridge in addition to the Interstate 5 and Interstate 205 bridges to accommodate additional lanes of traffic. The design alternative must not include light rail. Any new design must either expand general lane capacity or create a measurable improvement of congestion and commute times; and

(iii) Consider the inclusion of a reversible span that will help move traffic during peak commute hours.

(d) The department is prohibited from utilizing the current contractor on the Columbia river crossing project to complete or assist with preparation of the supplemental environmental impact statement.

(e) The department shall maximize federal funds available for the design, construction, or other costs relating to the bridge structure, general purpose lanes, and bridge landings.

(f) It is the intent of the legislature that Washington and Oregon have equal funding commitments and equal total expenditures to date on the shared components of the Columbia river crossing project. The department shall provide quarterly reports on this project, beginning June 31, 2013. The report shall include:

(i) The status of the supplemental environmental impact statement, which must include updated expenditures and project timeframes;

(ii) Identification of shared and non-shared portions of the project; and

(iii) Amounts expended to date by the state of Washington and the state of Oregon on each respective states' non-shared obligations.

(g) It is also the intent of the legislature that Washington and Oregon have equal funding commitments and equal total expenditures on any the portions of the Columbia river crossing project which have not already been designated as shared project responsibilities. It is further the intent of the legislature that Washington state shall in no way be obligated to pay, either directly or indirectly, for improvements or construction to any interchanges, roads, or any other part of the project within the state of Oregon, other than those portions including the bridge and approaches which have to date been designated as shared project responsibilities"

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

Representatives Pike, Orcutt, Scott, Pike (again) and Harris spoke in favor of the adoption of the amendment.

Representatives Clibborn and Wylie spoke against the adoption of the amendment.

An electronic roll call was requested.

ROLL CALL

The Clerk called the roll on the adoption of amendment (423) and the amendment was not adopted by the following vote: Yeas, 42; Nays, 53; Absent, 0; Excused, 3.

Voting yea: Representatives Alexander, Angel, Buys, Chandler, Condotta, Crouse, Dahlquist, Fagan, Haler, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Johnson, Klippert, Kochmar, Kristiansen, MacEwen, Magendanz, Manweller, Nealey, O'Ban, Orcutt, Orwall, Overstreet, Pike, Rodne, Ross, Schmick, Scott, Shea, Short, Smith, Stonier, Taylor, Vick, Walsh, Warnick, Wilcox and Zeiger.

Voting nay: Representatives Appleton, Bergquist, Blake, Carlyle, Clibborn, Cody, Dunshee, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Hansen, Hudgins, Hunt, Hunter, Hurst, Jinkins, Kagi, Kirby, Liias, Lytton, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Ormsby, Parker, Pedersen, Pettigrew, Pollet, Reykdal, Riccelli, Roberts, Ryu, Santos, Sawyer, Seaquist, Sells, Springer, Stanford, Sullivan, Takko, Tarleton, Tharinger, Upthegrove, Van De Wege, Wylie and Mr. Speaker.

Excused: Representatives DeBolt, Freeman and Kretz.

Amendment (423) was not adopted.

Representative Riccelli moved the adoption of amendment (413).

0)On page 35, line 33, after "(600010A & 600003A)." insert "Any future savings on the projects must stay on the US 395/Interstate 90 corridor and be made available to the current phase of the North Spokane Corridor projects or any future phase of the projects."

Representatives Riccelli, Orcutt and Shea spoke in favor of the adoption of the amendment.

Amendment (413) was adopted.

Representative Liias moved the adoption of amendment (419).

0) On page 45, line 11, increase the Motor Vehicle Account--State Appropriation by $5,200,000

On page 45, line 19, correct the total

On page 46, line 24, after "appropriation" insert ", $5,200,000 of the motor vehicle account--state appropriation,"

On page 46, line 31, after "act." insert "The motor vehicle account--state appropriation is the amount made available by the repeal of the deduction from motor vehicle fuel tax liability for handling losses of motor vehicle fuel, which is provided by RCW 82.36.029."

Representatives Liias and Orcutt spoke in favor of the adoption of the amendment.

Amendment (419) was adopted.

Representative Clibborn moved the adoption of amendment (427).

0) On page 45, line 11, decrease the Motor Vehicle Account--State Appropriation by $500,000

On page 45, line 14, increase the Freight Mobility Multimodal Account--State Appropriation by $500,000

On page 45, line 19, correct the total

On page 46, line 32, after "(5)" strike "$584,000" and insert "$84,000"

On page 46, line 36, after "appropriation," strike "$9,236,000" and insert "$9,736,000"

On page 51, after line 13, insert the following:

"(12) Multimodal Transportation Account--State Appropriation: For transfer to the State Patrol Highway Account--State . . . $5,000,000"

On page 67, line 22, after "to" strike "$3,867,000" and insert "$4,680,000"

On page 73, after line 30, insert the following:

"NEW SECTION. Sec. 614. To the extent that any appropriation authorizes expenditures of state funds from the motor vehicle account, special category C account, Tacoma Narrows toll bridge account, transportation 2003 account (nickel account), transportation partnership account, transportation improvement account, Puget Sound capital construction account, multimodal transportation account, state route number 520 corridor account, or other transportation capital project account in the state treasury for a state transportation program that is specified to be funded with proceeds from the sale of bonds authorized in chapter 47.10 RCW, the legislature declares that any such expenditures made prior to the issue date of the applicable transportation bonds for that state transportation program are intended to be reimbursed from proceeds of those transportation bonds in a maximum amount equal to the amount of such appropriation."

On page 82, after line 13, insert the following:

"Sec. 711. RCW 46.20.745 and 2012 c 183 s 10 are each amended to read as follows:

(1) The ignition interlock device revolving account program is created within the department to assist in covering the monetary costs of installing, removing, and leasing an ignition interlock device, and applicable licensing, for indigent persons who are required under RCW 46.20.385, 46.20.720, and 46.61.5055 to install an ignition interlock device in all vehicles owned or operated by the person. For purposes of this subsection, "indigent" has the same meaning as in RCW 10.101.010, as determined by the department. During the 2013-2015 fiscal biennium, the ignition interlock device revolving account program also includes ignition interlock enforcement work conducted by the Washington state patrol.

(2) A pilot program is created within the ignition interlock device revolving account program for the purpose of monitoring compliance by persons required to use ignition interlock devices and by ignition interlock companies and vendors.

(3) The department, the state patrol, and the Washington traffic safety commission shall coordinate to establish a compliance pilot program that will target at least one county from eastern Washington and one county from western Washington, as determined by the department, state patrol, and Washington traffic safety commission.

(4) At a minimum, the compliance pilot program shall:

(a) Review the number of ignition interlock devices that are required to be installed in the targeted county and the number of ignition interlock devices actually installed;

(b) Work to identify those persons who are not complying with ignition interlock requirements or are repeatedly violating ignition interlock requirements; and

(5) As part of monitoring compliance, the Washington traffic safety commission shall also track recidivism for violations of RCW 46.61.502 and 46.61.504 by persons required to have an ignition interlock driver's license under RCW 46.20.385 and 46.20.720."

On page 114, line 32, after "(4)" strike "$8,942,000" and insert "((~~$8,942,000~~))$6,453,000"

On page 115, line 9, after "(a)" strike "$40,000,000" and insert "((~~$40,000,000~~))$33,802,000"

On page 155, at the beginning of line 32, strike "$6,299,000" and insert "$6,221,000"

Correct the title.

Representatives Clibborn and Orcutt spoke in favor of the adoption of the amendment.

Amendment (427) was adopted.

Representative Rodne moved the adoption of amendment (376).

0) On page 47, after line 4, insert the following:

"(6) Within existing resources, the department shall compile a report on safe routes to schools which must include, but is not limited to, an outcomes review of completed projects, a status report on currently funded projects, and an inventory of routes eligible for future funding. The inventory of routes eligible for future funding must detail the current safety level of the routes using available data. The department shall submit the report to the transportation committees of the legislature by January 1, 2014."

Representatives Rodne and Shea spoke in favor of the adoption of the amendment.

Representative Clibborn spoke against the adoption of the amendment.

Amendment (376) was not adopted.

Representative Liias moved the adoption of amendment (418).

0) On page 47, after line 4, insert the following:

"(6) Sufficient amounts are appropriated within this section to implement chapter . . . (Substitute House Bill No. 1420), Laws of 2013 (public contracts for transportation improvement projects)."

Representatives Liias and Orcutt spoke in favor of the adoption of the amendment.

Amendment (418) was adopted.

Representative Orcutt moved the adoption of amendment (424).

0) On page 73, after line 30, insert the following:

"NEW SECTION. Sec. 614. The department of transportation shall expend any savings on a project on the correction of fish-passage barriers on rivers or streams affected by the project. If there are no fish-passage barriers on rivers or streams affected by the project, the department of transportation shall expend any savings on a project on the correction of fish-passage barriers on rivers or streams in the same water resource inventory area as the project. If there are no fish-passage barriers on rivers or streams in the same water resource inventory area as the project, the department of transportation shall expend any savings on a project in the Puget Sound region on the correction of fish-passage barriers on rivers or streams within the Puget Sound region, any savings on a project on the Olympic peninsula on the correction of fish-passage barriers on rivers or streams on the Olympic peninsula, and any savings on a project in a particular basin that is not located in the Puget Sound region or on the Olympic peninsula on the correction of fish-passage barriers on rivers or streams within that basin."

Representatives Orcutt and Wilcox spoke in favor of the adoption of the amendment.

Representative Liias spoke against the adoption of the amendment.

Amendment (424) was not adopted.

Representative Pedersen moved the adoption of amendment (422).

0) On page 82, after line 13, insert the following:

"Sec. 711. RCW 90.58.140 and 2012 c 84 s 2 are each amended to read as follows:

(1) A development shall not be undertaken on the shorelines of the state unless it is consistent with the policy of this chapter and, after adoption or approval, as appropriate, the applicable guidelines, rules, or master program.

(2) A substantial development shall not be undertaken on shorelines of the state without first obtaining a permit from the government entity having administrative jurisdiction under this chapter.

A permit shall be granted:

(a) From June 1, 1971, until such time as an applicable master program has become effective, only when the development proposed is consistent with: (i) The policy of RCW 90.58.020; and (ii) after their adoption, the guidelines and rules of the department; and (iii) so far as can be ascertained, the master program being developed for the area;

(b) After adoption or approval, as appropriate, by the department of an applicable master program, only when the development proposed is consistent with the applicable master program and this chapter.

(3) The local government shall establish a program, consistent with rules adopted by the department, for the administration and enforcement of the permit system provided in this section. The administration of the system so established shall be performed exclusively by the local government.

(4) Except as otherwise specifically provided in subsection (11) of this section, the local government shall require notification of the public of all applications for permits governed by any permit system established pursuant to subsection (3) of this section by ensuring that notice of the application is given by at least one of the following methods:

(a) Mailing of the notice to the latest recorded real property owners as shown by the records of the county assessor within at least three hundred feet of the boundary of the property upon which the substantial development is proposed;

(b) Posting of the notice in a conspicuous manner on the property upon which the project is to be constructed; or

(c) Any other manner deemed appropriate by local authorities to accomplish the objectives of reasonable notice to adjacent landowners and the public.

The notices shall include a statement that any person desiring to submit written comments concerning an application, or desiring to receive notification of the final decision concerning an application as expeditiously as possible after the issuance of the decision, may submit the comments or requests for decisions to the local government within thirty days of the last date the notice is to be published pursuant to this subsection. The local government shall forward, in a timely manner following the issuance of a decision, a copy of the decision to each person who submits a request for the decision.

If a hearing is to be held on an application, notices of such a hearing shall include a statement that any person may submit oral or written comments on an application at the hearing.

(5) The system shall include provisions to assure that construction pursuant to a permit will not begin or be authorized until twenty-one days from the date the permit decision was filed as provided in subsection (6) of this section; or until all review proceedings are terminated if the proceedings were initiated within twenty-one days from the date of filing as defined in subsection (6) of this section except as follows:

(a) In the case of any permit issued to the state of Washington, department of transportation, for the construction and modification of SR 90 (I-90) on or adjacent to Lake Washington, the construction may begin after thirty days from the date of filing, and the permits are valid until December 31, 1995;

(b)(i) In the case of any permit or decision to issue any permit to the state of Washington, department of transportation, for the replacement of the floating bridge and landings of the state route number 520 Evergreen Point bridge on or adjacent to Lake Washington, the construction may begin twenty-one days from the date of filing. Any substantial development permit granted for the floating bridge and landings is deemed to have been granted on the date that the local government's decision to grant the permit is issued. This authorization to construct is limited to only those elements of the floating bridge and landings that do not preclude the department of transportation's selection of a four-lane alternative for state route number 520 between Interstate 5 and Medina. Additionally, the Washington state department of transportation shall not engage in or contract for any construction on any portion of state route number 520 between Interstate 5 and the western landing of the floating bridge until the legislature has authorized the imposition of tolls on the Interstate 90 floating bridge and/or other funding sufficient to complete construction of the state route number 520 bridge replacement and HOV program. For the purposes of this subsection (5)(b), the "western landing of the floating bridge" means the least amount of new construction necessary to connect the new floating bridge to the existing state route number 520 and anchor the west end of the new floating bridge;

(ii) Nothing in this subsection (5)(b) precludes the shorelines hearings board from concluding that the project or any element of the project is inconsistent with the goals and policies of the shoreline management act or the local shoreline master program;

(iii) This subsection (5)(b) applies retroactively to any appeals filed after January 1, 2012, and to any appeals filed on or after March 23, 2012, and expires June 30, ((~~2014~~))2015.

(c) Except as authorized in (b) of this subsection, construction may be commenced no sooner than thirty days after the date of the appeal of the board's decision is filed if a permit is granted by the local government and (i) the granting of the permit is appealed to the shorelines hearings board within twenty-one days of the date of filing, (ii) the hearings board approves the granting of the permit by the local government or approves a portion of the substantial development for which the local government issued the permit, and (iii) an appeal for judicial review of the hearings board decision is filed pursuant to chapter 34.05 RCW. The appellant may request, within ten days of the filing of the appeal with the court, a hearing before the court to determine whether construction pursuant to the permit approved by the hearings board or to a revised permit issued pursuant to the order of the hearings board should not commence. If, at the conclusion of the hearing, the court finds that construction pursuant to such a permit would involve a significant, irreversible damaging of the environment, the court shall prohibit the permittee from commencing the construction pursuant to the approved or revised permit until all review proceedings are final. Construction pursuant to a permit revised at the direction of the hearings board may begin only on that portion of the substantial development for which the local government had originally issued the permit, and construction pursuant to such a revised permit on other portions of the substantial development may not begin until after all review proceedings are terminated. In such a hearing before the court, the burden of proving whether the construction may involve significant irreversible damage to the environment and demonstrating whether such construction would or would not be appropriate is on the appellant;

(d) Except as authorized in (b) of this subsection, if the permit is for a substantial development meeting the requirements of subsection (11) of this section, construction pursuant to that permit may not begin or be authorized until twenty-one days from the date the permit decision was filed as provided in subsection (6) of this section.

If a permittee begins construction pursuant to (a), (b), (c), or (d) of this subsection, the construction is begun at the permittee's own risk. If, as a result of judicial review, the courts order the removal of any portion of the construction or the restoration of any portion of the environment involved or require the alteration of any portion of a substantial development constructed pursuant to a permit, the permittee is barred from recovering damages or costs involved in adhering to such requirements from the local government that granted the permit, the hearings board, or any appellant or intervener.

(6) Any decision on an application for a permit under the authority of this section, whether it is an approval or a denial, shall, concurrently with the transmittal of the ruling to the applicant, be filed with the department and the attorney general. This shall be accomplished by return receipt requested mail. A petition for review of such a decision must be commenced within twenty-one days from the date of filing of the decision.

(a) With regard to a permit other than a permit governed by subsection (10) of this section, "date of filing" as used in this section refers to the date of actual receipt by the department of the local government's decision.

(b) With regard to a permit for a variance or a conditional use governed by subsection (10) of this section, "date of filing" means the date the decision of the department is transmitted by the department to the local government.

(c) When a local government simultaneously transmits to the department its decision on a shoreline substantial development with its approval of either a shoreline conditional use permit or variance, or both, "date of filing" has the same meaning as defined in (b) of this subsection.

(d) The department shall notify in writing the local government and the applicant of the date of filing by telephone or electronic means, followed by written communication as necessary, to ensure that the applicant has received the full written decision.

(7) Applicants for permits under this section have the burden of proving that a proposed substantial development is consistent with the criteria that must be met before a permit is granted. In any review of the granting or denial of an application for a permit as provided in RCW 90.58.180 (1) and (2), the person requesting the review has the burden of proof.

(8) Any permit may, after a hearing with adequate notice to the permittee and the public, be rescinded by the issuing authority upon the finding that a permittee has not complied with conditions of a permit. If the department is of the opinion that noncompliance exists, the department shall provide written notice to the local government and the permittee. If the department is of the opinion that the noncompliance continues to exist thirty days after the date of the notice, and the local government has taken no action to rescind the permit, the department may petition the hearings board for a rescission of the permit upon written notice of the petition to the local government and the permittee if the request by the department is made to the hearings board within fifteen days of the termination of the thirty-day notice to the local government.

(9) The holder of a certification from the governor pursuant to chapter 80.50 RCW shall not be required to obtain a permit under this section.

(10) Any permit for a variance or a conditional use issued with approval by a local government under their approved master program must be submitted to the department for its approval or disapproval.

(11)(a) An application for a substantial development permit for a limited utility extension or for the construction of a bulkhead or other measures to protect a single-family residence and its appurtenant structures from shoreline erosion shall be subject to the following procedures:

(i) The public comment period under subsection (4) of this section shall be twenty days. The notice provided under subsection (4) of this section shall state the manner in which the public may obtain a copy of the local government decision on the application no later than two days following its issuance;

(ii) The local government shall issue its decision to grant or deny the permit within twenty-one days of the last day of the comment period specified in (a)(i) of this subsection; and

(iii) If there is an appeal of the decision to grant or deny the permit to the local government legislative authority, the appeal shall be finally determined by the legislative authority within thirty days.

(b) For purposes of this section, a limited utility extension means the extension of a utility service that:

(i) Is categorically exempt under chapter 43.21C RCW for one or more of the following: Natural gas, electricity, telephone, water, or sewer;

(ii) Will serve an existing use in compliance with this chapter; and

(iii) Will not extend more than twenty-five hundred linear feet within the shorelines of the state."

Representative Pedersen spoke in favor of the adoption of the amendment.

Representatives Orcutt and Hunter spoke against the adoption of the amendment.

Amendment (422) was adopted.

The bill was ordered engrossed.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Clibborn, Liias, Moscoso, Angel, Fey, Johnson, Takko, Wilcox and Riccelli spoke in favor of the passage of the bill.

Representatives Orcutt, Hargrove, Rodne and Shea spoke against the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1864.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1864, and the bill passed the House by the following vote: Yeas, 68; Nays, 28; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Carlyle, Clibborn, Cody, Dahlquist, Dunshee, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Hansen, Hawkins, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Kochmar, Liias, Lytton, MacEwen, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, O'Ban, Ormsby, Orwall, Parker, Pedersen, Pettigrew, Pollet, Reykdal, Riccelli, Roberts, Ross, Ryu, Santos, Sawyer, Seaquist, Sells, Springer, Stanford, Sullivan, Takko, Tarleton, Tharinger, Upthegrove, Van De Wege, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representatives Buys, Chandler, Condotta, Crouse, Fagan, Haler, Hargrove, Harris, Hayes, Holy, Hope, Klippert, Kretz, Kristiansen, Magendanz, Nealey, Orcutt, Overstreet, Pike, Rodne, Schmick, Scott, Shea, Short, Smith, Stonier, Taylor and Vick.

Excused: Representatives DeBolt and Freeman.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1864, having received the necessary constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 5702, by Senate Committee on Natural Resources & Parks (originally sponsored by Senators Honeyford, Pearson and Ranker)

Concerning aquatic invasive species.

The bill was read the second time.

With the consent of the house, amendment (367) was withdrawn.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Blake and Chandler spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5702.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 5702, and the bill passed the House by the following vote: Yeas, 95; Nays, 1; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Liias, Lytton, MacEwen, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pedersen, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Roberts, Rodne, Ross, Ryu, Santos, Sawyer, Schmick, Scott, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Taylor, Tharinger, Upthegrove, Van De Wege, Vick, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representative Magendanz.

Excused: Representatives DeBolt and Freeman.

SUBSTITUTE SENATE BILL NO. 5702, having received the necessary constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

I intended to vote NAY on Substitute Senate Bill No. 5702.

Representative Overstreet, 42nd District

SECOND READING

ENGROSSED SUBSTITUTE SENATE BILL NO. 5709, by Senate Committee on Ways & Means (originally sponsored by Senators Smith, Ericksen, Sheldon, Holmquist Newbry, Dammeier, Brown and Roach)

Concerning a pilot program to demonstrate the feasibility of using densified biomass to heat public schools.

The bill was read the second time.

There being no objection, the committee amendment by the Committee on Appropriations Subcommittee on Education was before the House for purpose of amendment. (For Committee amendment, see Journal, Day 79, April 2, 2013).

Representative Short moved the adoption of amendment (383) to the committee amendment:

0) On page 2, beginning on line 19 of the amendment, after "district" strike all material through "state" on line 21 and insert "east of the crest of the Cascade mountains and one must be located in a district west of the crest of the Cascade mountains. The school district east of the crest of the Cascade mountains must be located in a county that shares an international border or borders the state of Idaho."

Representatives Short and Upthegrove spoke in favor of the adoption of the amendment to the committee amendment.

Amendment (383) to the committee amendment was adopted.

The committee amendment was adopted as amended.

There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House, was placed on final passage.

Representatives Short, Upthegrove and Buys spoke in favor of the passage of the bill.

POINT OF PARLIAMENTARY INQUIRY

Representative Fey: “I serve as director of the Washington State University Extension Energy Program, a position I have held for the past eleven years. The program provides energy efficiency and renewable energy services to state and local governments and the private sector, and also implements programs at the direction of the legislature. Engrossed Substitute Senate Bill 5709 directs the WSU energy program to develop and initiate a pilot program to use densified biomass to heat two public schools. The development of this program is subject to receipt of federal and private funds. The bill also authorizes the WSU energy program to contract with other entities for implementation of the pilot program. I have had no involvement in this legislation, either as a member of the House or as Director of the WSU energy program. My compensation as Director will not be affected by the legislation. Any contract related to implementation would be handled by the contract office at WSU Pullman and not by the energy program office. Under these circumstances, do I have a private interest in the proposed legislation which requires my recusal from voting?”

SPEAKER’S RULING

Mr. Speaker: “ Rule 19(D), which is based on article 2, section 30 of the Washington Constitution, provides that no member shall vote on any question which affects that member privately and particularly. The Speaker notes that the Washington Legislature is, by constitutional design, a citizen legislature. This design is based on the premise that the people of Washington are best represented by members who are concurrently engaged in outside employment and activities, and can bring this real world experience and expertise to bear on the issues before this body. Members of a citizen legislature will often encounter circumstances where the subject matter of legislation has some impact on outside employment. Whether that impact rises to the level where recusal is warranted depends on whether the benefit to the member is direct or indirect, as well as whether it is unique to the member or flows from membership in a class. In this instance, you had no involvement in development of the proposed legislation, and will receive no personal benefit from its enactment. The Speaker finds that you do not have a private or particular interest requiring you to abstain from voting.”

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 5709, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5709, as amended by the House, and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Liias, Lytton, MacEwen, Magendanz, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pedersen, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Roberts, Rodne, Ross, Ryu, Santos, Sawyer, Schmick, Scott, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Taylor, Tharinger, Upthegrove, Van De Wege, Vick, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Excused: Representatives DeBolt and Freeman.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5709, as amended by the House, having received the necessary constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 5565, by Senate Committee on Human Services & Corrections (originally sponsored by Senators Hargrove, Carrell, Keiser, Harper, Nelson, Kohl-Welles, McAuliffe and Kline)

Concerning background checks for individuals seeking a license under chapter 74.13 RCW or unsupervised access to children.

The bill was read the second time.

There being no objection, the committee amendment by the Committee on Early Learning & Human Services was before the House for purpose of amendment. (For Committee amendment, see Journal, Day 80, April 3, 2013).

Representative Shea moved the adoption of amendment (445) to the committee amendment:

0) On page 1, line 5, after "serves." insert "The legislature also recognizes that a goal of the department of early learning is to keep children safe when children attend child care or early learning programs.

On page 1, line 7, after "services" insert "and the department of

early learning"

On page 1, line 9, after "RCW" insert ", chapter 43.215 RCW,"

On page 1, line 14, after "RCW" insert ", chapter 43.215 RCW,"

On page 1, line 18, after "system" insert "or child care and early learning providers"

On page 7, after line 20, insert the following:

"Sec. 6. RCW 43.215.215 and 2011 c 295 s 2 are each amended to read as follows:

(1) In determining whether an individual is of appropriate character, suitability, and competence to provide child care and early learning services to children, the department may consider the history of past involvement of child protective services or law enforcement agencies with the individual for the purpose of establishing a pattern of conduct, behavior, or inaction with regard to the health, safety, or welfare of a child. No report of child abuse or neglect that has been destroyed or expunged under RCW 26.44.031 may be used for such purposes. No unfounded or inconclusive allegation of child abuse or neglect as defined in RCW 26.44.020 may be disclosed to a provider licensed under this chapter.

(2) In order to determine the suitability of individuals newly applying for an agency license, new licensees, their new employees, and other persons who newly have unsupervised access to children in care, shall be fingerprinted.

(a) The fingerprints shall be forwarded to the Washington state patrol and federal bureau of investigation for a criminal history record check.

(b)(i) Effective July 1, 2012, all individuals applying for first-time agency licenses, all new employees, and other persons who have not been previously qualified by the department to have unsupervised access to children in care must be fingerprinted and obtain a criminal history record check pursuant to this section.

(ii) Persons required to be fingerprinted and obtain a criminal [history] record check pursuant to this section must pay for the cost of this check as follows: The fee established by the Washington state patrol for the criminal background history check, including the cost of obtaining the fingerprints; and a fee paid to the department for the cost of administering the individual-based/portable background check clearance registry. The fee paid to the department must be deposited into the individual-based/portable background check clearance account established in RCW 43.215.218. The licensee may, but need not, pay these costs on behalf of a prospective employee or reimburse the prospective employee for these costs. The licensee and the prospective employee may share these costs.

(c) The director shall use the fingerprint criminal history record check information solely for the purpose of determining eligibility for a license and for determining the character, suitability, and competence of those persons or agencies, excluding parents, not required to be licensed who are authorized to care for children.

(d) Criminal justice agencies shall provide the director such information as they may have and that the director may require for such purpose.

(e) No later than July 1, 2013, all agency licensees holding licenses prior to July 1, 2012, persons who were employees before July 1, 2012, and persons who have been qualified by the department before July 1, 2012, to have unsupervised access to children in care, must submit a new background application to the department. The department must require persons submitting a new background application pursuant to this subsection (2)(e) to pay a fee to the department for the cost of administering the individual-based/portable background check clearance registry. This fee must be paid into the individual-based/portable background check clearance account established in RCW 43.215.218. The licensee may, but need not, pay these costs on behalf of a prospective employee or reimburse the prospective employee for these costs. The licensee and the prospective employee may share these costs.

(f) In determining the character, suitability, and competence of an individual the department may not:

(i) Deny or delay a license or approval of unsupervised access to children to an individual solely because of a crime or civil infraction involving the individual or entity revealed in the background check process that is not on the director's list of crimes and negative actions and is not related directly to child safety; or

(ii) Delay the issuance of a license or approval of unsupervised access to children by requiring the individual to obtain records relating to a crime or civil infraction revealed in the background check process that is not on the director's list of crimes and negative actions and is not related directly to child safety and is not a permanent disqualifier pursuant to department rule.

((~~(f)~~))(g) The department shall issue a background check clearance card or certificate to the applicant if after the completion of a background check the department concludes the applicant is qualified for unsupervised access to children in care. The background check clearance card or certificate is valid for three years from the date of issuance. A valid card or certificate must be accepted by a potential employer as proof that the applicant has successfully completed a background check as required under this chapter.

(h) If the department determines that an individual does not possess the character, suitability, or competence to provide care or have unsupervised access to a child, it must provide the reasons for its decision in writing with copies of the records or documents related to its decision to the individual within ten days of making the decision.

((~~(g)~~))(i) The original applicant for an agency license, licensees, their employees, and other persons who have unsupervised access to children in care shall submit a new background check application to the department, on a form and by a date as determined by the department.

((~~(h)~~))(j) The applicant and agency shall maintain on-site for inspection a copy of the background check clearance card or certificate.

((~~(i)~~))(k) Individuals who have been issued a background check clearance card or certificate shall report nonconviction and conviction information to the department within twenty-four hours of the event constituting the nonconviction or conviction information.

(((j))(l) The department shall investigate and conduct a redetermination of an applicant's or licensee's background clearance if the department receives a complaint or information from individuals, a law enforcement agency, or other federal, state, or local government agency. Subject to the requirements contained in RCW 43.215.300 and 43.215.305 and based on a determination that an individual lacks the appropriate character, suitability, or competence to provide child care or early learning services to children, the department may: (i) Invalidate the background card or certificate; or (ii) suspend, modify, or revoke any license authorized by this chapter.

(3) To satisfy the shared background check requirements of the department of early learning and the department of social and health services, each department shall share federal fingerprint-based background check results as permitted under the law. The purpose of this provision is to allow both departments to fulfill their joint background check responsibility of checking any individual who may have unsupervised access to vulnerable adults, children, or juveniles. Neither department may share the federal background check results with any other state agency or person."

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

On page 13, at the beginning of line 34, insert "and the department of early learning"

Representatives Shea and Walsh spoke in favor of the adoption of the amendment to the committee amendment.

Representative Kagi spoke against the adoption of the amendment to the committee amendment.

Amendment (445) to the committee amendment was not adopted.

The committee amendment was adopted.

There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House, was placed on final passage.

Representatives Kagi and Walsh spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5565, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 5565, as amended by the House, and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Liias, Lytton, MacEwen, Magendanz, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pedersen, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Roberts, Rodne, Ross, Ryu, Santos, Sawyer, Schmick, Scott, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Taylor, Tharinger, Upthegrove, Van De Wege, Vick, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Excused: Representatives DeBolt and Freeman.

SUBSTITUTE SENATE BILL NO. 5565, as amended by the House, having received the necessary constitutional majority, was declared passed.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5744, by Senate Committee on Commerce & Labor (originally sponsored by Senators Hargrove, Hatfield and Conway)

Creating an industrial insurance high risk premium subsidy program. Revised for 1st Substitute: Monitoring the progress of the logger safety initiative.

The bill was read the second time.

There being no objection, the committee amendment by the Committee on Labor & Workforce Development was adopted. (For Committee amendment, see Journal, Day 86, April 9,2013).

There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

Representatives Sells, Manweller and Orcutt spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 5744, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5744, as amended by the House, and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Liias, Lytton, MacEwen, Magendanz, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pedersen, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Roberts, Rodne, Ross, Ryu, Santos, Sawyer, Schmick, Scott, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Taylor, Tharinger, Upthegrove, Van De Wege, Vick, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Excused: Representatives DeBolt and Freeman.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5744, as amended by the House, having received the necessary constitutional majority, was declared passed.

ENGROSSED SENATE BILL NO. 5104, by Senators Mullet, Frockt, Hatfield, Litzow, Ericksen, Fain and Kohl-Welles

Placing epinephrine autoinjectors in schools.

The bill was read the second time.

There being no objection, the committee amendment by the Committee on Appropriations Subcommittee on Education was adopted. (For Committee amendment, see Journal, Day 86, April 9,2013).

There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

Representatives Stonier, Dahlquist, Manweller, Magendanz and Santos spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Senate Bill No. 5104, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5104, as amended by the House, and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Liias, Lytton, MacEwen, Magendanz, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pedersen, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Roberts, Rodne, Ross, Ryu, Santos, Sawyer, Schmick, Scott, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Taylor, Tharinger, Upthegrove, Van De Wege, Vick, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Excused: Representatives DeBolt and Freeman.

ENGROSSED SENATE BILL NO. 5104, as amended by the House, having received the necessary constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 5195, by Senate Committee on Ways & Means (originally sponsored by Senators Rolfes, Hill, Tom, Bailey and Fain)

Allowing nonprofit institutions recognized by the state of Washington to be eligible to participate in the state need grant program.

The bill was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Seaquist and Haler spoke in favor of the passage of the bill.

Representative Dahlquist spoke against the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5195.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 5195, and the bill passed the House by the following vote: Yeas, 75; Nays, 21; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Hargrove, Hawkins, Hayes, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Kochmar, Liias, Lytton, MacEwen, Magendanz, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, O'Ban, Ormsby, Parker, Pedersen, Pettigrew, Pollet, Reykdal, Riccelli, Roberts, Rodne, Ross, Sawyer, Schmick, Scott, Seaquist, Sells, Smith, Springer, Stonier, Sullivan, Takko, Tarleton, Tharinger, Upthegrove, Van De Wege, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representatives Condotta, Crouse, Dahlquist, Harris, Holy, Klippert, Kretz, Kristiansen, Manweller, Nealey, Orcutt, Orwall, Overstreet, Pike, Ryu, Santos, Shea, Short, Stanford, Taylor and Vick.

Excused: Representatives DeBolt and Freeman.

SUBSTITUTE SENATE BILL NO. 5195, having received the necessary constitutional majority, was declared passed.

ENGROSSED SENATE BILL NO. 5206, by Senators Becker, Keiser, Schlicher, Parlette and Conway

Authorizing occupational therapists, occupational therapy assistants, dieticians, and nutritionists to participate in online access to the University of Washington health sciences library. (REVISED FOR ENGROSSED: Increasing the health professions participating in online access to the University of Washington health sciences library. )

The bill was read the second time.

There being no objection, the committee amendment by the Committee on Health Care & Wellness was adopted. (For Committee amendment, see Journal, Day 86, April 9, 2013).

There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

Representatives Jinkins and Schmick spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Senate Bill No. 5206, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5206, as amended by the House, and the bill passed the House by the following vote: Yeas, 95; Nays, 1; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Liias, Lytton, MacEwen, Magendanz, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Orcutt, Ormsby, Orwall, Parker, Pedersen, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Roberts, Rodne, Ross, Ryu, Santos, Sawyer, Schmick, Scott, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Taylor, Tharinger, Upthegrove, Van De Wege, Vick, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representative Overstreet.

Excused: Representatives DeBolt and Freeman.

ENGROSSED SENATE BILL NO. 5206, as amended by the House, having received the necessary constitutional majority, was declared passed.

SECOND SUBSTITUTE SENATE BILL NO. 5213, by Senate Committee on Ways & Means (originally sponsored by Senators Becker, Tom, Bailey, Honeyford and Frockt)

Concerning prescription review for medicaid managed care enrollees.

The bill was read the second time.

There being no objection, the committee amendment by the Committee on Appropriations was before the House for purpose of amendment. (For Committee amendment, see Journal, Day 86, April 9,2013).

Representative Alexander moved the adoption of amendment (444) to the committee amendment:

0) On page 3, line 9 of the striking amendment, after "management;" strike "and"

On page 3, line 15 of the striking amendment, after "amended" insert ";

(G) Evaluation and reporting on the impact of comprehensive medication management services on patient clinical outcomes and total health care costs, including reductions in emergency department utilization, hospitalization, and drug costs"

On page 3, line 19 of the striking amendment, after "through" strike "(E)" and insert "((~~(E)~~)) (G)"

Representatives Alexander and Jinkins spoke in favor of the adoption of the amendment to the committee amendment.

Amendment (444) to the committee amendment was adopted.

The committee amendment was adopted as amended.

There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House, was placed on final passage.

Representatives Jinkins and Schmick spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Second Substitute Senate Bill No. 5213, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 5213, as amended by the House, and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Liias, Lytton, MacEwen, Magendanz, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pedersen, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Roberts, Rodne, Ross, Ryu, Santos, Sawyer, Schmick, Scott, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Taylor, Tharinger, Upthegrove, Van De Wege, Vick, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Excused: Representatives DeBolt and Freeman.

SECOND SUBSTITUTE SENATE BILL NO. 5213, as amended by the House, having received the necessary constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 5287, by Senate Committee on Ways & Means (originally sponsored by Senators Hill and Hargrove)

Eliminating accounts and funds.

The bill was read the second time.

There being no objection, the committee amendment by the Committee on Appropriations was adopted. (For Committee amendment, see Journal, Day 78, April 1, 2013).

There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

Representatives Hunter and Alexander spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5287, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 5287, as amended by the House, and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Liias, Lytton, MacEwen, Magendanz, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pedersen, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Roberts, Rodne, Ross, Ryu, Santos, Sawyer, Schmick, Scott, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Taylor, Tharinger, Upthegrove, Van De Wege, Vick, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Excused: Representatives DeBolt and Freeman.

SUBSTITUTE SENATE BILL NO. 5287, as amended by the House, having received the necessary constitutional majority, was declared passed.

ENGROSSED SENATE BILL NO. 5305, by Senators Becker, Schlicher, Kline, Dammeier, Delvin, Ericksen, Parlette and Carrell

Requiring hospitals to report when providing treatment for bullet wounds, gunshot wounds, and stab wounds to all patients.

The bill was read the second time.

With the consent of the house, amendment (364) was withdrawn.

Representative Cody moved the adoption of amendment (446).

0)On page 2, line 33, after "If the" strike all material through "family" on page 3, line 4 and insert "patient states his or her injury is the result of domestic violence, the hospital shall follow its established processes to inform the patient of resources to assure the safety of the patient and his or her family"

Representative Cody spoke in favor of the adoption of the amendment.

Amendment (446) was adopted.

There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

Representatives Cody and Schmick spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Senate Bill No. 5305, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5305, as amended by the House, and the bill passed the House by the following vote: Yeas, 94; Nays, 2; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Habib, Haigh, Haler, Hansen, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Liias, Lytton, MacEwen, Magendanz, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pedersen, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Roberts, Rodne, Ross, Ryu, Santos, Sawyer, Schmick, Scott, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Taylor, Tharinger, Upthegrove, Van De Wege, Vick, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representatives Goodman and Green.

Excused: Representatives DeBolt and Freeman.

ENGROSSED SENATE BILL NO. 5305, as amended by the House, having received the necessary constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 5315, by Senate Committee on Human Services & Corrections (originally sponsored by Senators Becker, Dammeier, Rivers, Padden and Roach)

Implementing the recommendations made by the Powell fatality team.

The bill was read the second time.

There being no objection, the committee amendment by the Committee on Early Learning & Human Services was adopted. (For Committee amendment, see Journal, Day 78, April 1, 2013).

There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

Representatives Kagi and Walsh spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5315, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 5315, as amended by the House, and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Liias, Lytton, MacEwen, Magendanz, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pedersen, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Roberts, Rodne, Ross, Ryu, Santos, Sawyer, Schmick, Scott, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Taylor, Tharinger, Upthegrove, Van De Wege, Vick, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Excused: Representatives DeBolt and Freeman.

SUBSTITUTE SENATE BILL NO. 5315, as amended by the House, having received the necessary constitutional majority, was declared passed.

SENATE BILL NO. 5411, by Senators Rolfes, Holmquist Newbry, Hatfield, Honeyford and Conway

Requiring the ballot proposition to reduce the terms of office of port commissioners to be submitted at the next general election.

The bill was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Hunt and Buys spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Senate Bill No. 5411.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 5411, and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Liias, Lytton, MacEwen, Magendanz, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pedersen, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Roberts, Rodne, Ross, Ryu, Santos, Sawyer, Schmick, Scott, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Taylor, Tharinger, Upthegrove, Van De Wege, Vick, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Excused: Representatives DeBolt and Freeman.

SENATE BILL NO. 5411, having received the necessary constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 5416, by Senate Committee on Health Care (originally sponsored by Senators Bailey, Schlicher, Becker and Keiser)

Concerning prescription information.

The bill was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Cody and Schmick spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5416.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 5416, and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Liias, Lytton, MacEwen, Magendanz, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pedersen, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Roberts, Rodne, Ross, Ryu, Santos, Sawyer, Schmick, Scott, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Taylor, Tharinger, Upthegrove, Van De Wege, Vick, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Excused: Representatives DeBolt and Freeman.

SUBSTITUTE SENATE BILL NO. 5416, having received the necessary constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 5434, by Senate Committee on Health Care (originally sponsored by Senators Becker, Dammeier, Keiser, Harper and Conway)

Addressing the filing and public disclosure of health care provider compensation.

The bill was read the second time.

There being no objection, the committee amendment by the Committee on Health Care & Wellness was adopted. (For Committee amendment, see Journal, Day 75, March 29, 2013).

Representative Cody moved the adoption of amendment (441).

0) On page 3, after line 11, insert the following:

"Sec. 2. RCW 48.44.070 and 1990 c 120 s 9 are each amended to read as follows:

(1) Forms of contracts between health care service contractors and participating providers shall be filed with the insurance commissioner prior to use.

(2) Any contract form not affirmatively disapproved within fifteen days of filing shall be deemed approved, except that the commissioner may extend the approval period an additional fifteen days upon giving notice before the expiration of the initial fifteen-day period. The commissioner may approve such a contract form for immediate use at any time. Approval may be subsequently withdrawn for cause.

(3) Subject to the right of the health care service contractor to demand and receive a hearing under chapters 48.04 and 34.05 RCW, the commissioner may disapprove such a contract form if it is in any respect in violation of this chapter or if it fails to conform to minimum provisions or standards required by the commissioner by rule under chapter 34.05 RCW.

(4) This section is suspended, and shall have no effect, until July 1, 2017."

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

On page 6, beginning on line 33, after "Sec. 4." strike all material through "repealed" on line 35 and insert "This act expires on July 1, 2017"

Correct the title.

Representatives Cody and Schmick spoke in favor of the adoption of the amendment.

Amendment (441) was adopted.

There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

Representatives Cody and Schmick spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5434, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 5434, as amended by the House, and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Liias, Lytton, MacEwen, Magendanz, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pedersen, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Roberts, Rodne, Ross, Ryu, Santos, Sawyer, Schmick, Scott, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Taylor, Tharinger, Upthegrove, Van De Wege, Vick, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Excused: Representatives DeBolt and Freeman.

SUBSTITUTE SENATE BILL NO. 5434, as amended by the House, having received the necessary constitutional majority, was declared passed.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5449, by Senate Committee on Health Care (originally sponsored by Senators Parlette, Keiser, Becker, Bailey, Dammeier, Frockt, Ericksen and Schlicher)

Addressing the Washington state health insurance pool.

The bill was read the second time.

There being no objection, the committee amendment by the Committee on Health Care & Wellness was adopted. (For Committee amendment, see Journal, Day 75, March 29, 2013).

There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

Representatives Jinkins and Schmick spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 5449, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5449, as amended by the House, and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Liias, Lytton, MacEwen, Magendanz, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pedersen, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Roberts, Rodne, Ross, Ryu, Santos, Sawyer, Schmick, Scott, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Taylor, Tharinger, Upthegrove, Van De Wege, Vick, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Excused: Representatives DeBolt and Freeman.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5449, as amended by the House, having received the necessary constitutional majority, was declared passed.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5480, by Senate Committee on Human Services & Corrections (originally sponsored by Senators Keiser, Kohl-Welles, Darneille, Nelson, McAuliffe and Kline)

Accelerating changes to mental health involuntary commitment laws. Revised for 1st Substitute: Accelerating changes to mental health involuntary commitment laws. (REVISED FOR ENGROSSED: Concerning mental health involuntary commitment laws. )

The bill was read the second time.

There being no objection, the committee amendment by the Committee on Judiciary was adopted. (For Committee amendment, see Journal, Day 75, March 29, 2013).

There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

Representative Green spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 5480, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5480, as amended by the House, and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Liias, Lytton, MacEwen, Magendanz, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pedersen, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Roberts, Rodne, Ross, Ryu, Santos, Sawyer, Schmick, Scott, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Taylor, Tharinger, Upthegrove, Van De Wege, Vick, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Excused: Representatives DeBolt and Freeman.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5480, as amended by the House, having received the necessary constitutional majority, was declared passed.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5551, by Senate Committee on Ways & Means (originally sponsored by Senators Conway, Carrell and Shin)

Concerning competency to stand trial evaluations.

The bill was read the second time.

There being no objection, the committee amendment by the Committee on Judiciary was adopted. (For Committee amendment, see Journal, Day 80, April 3, 2013).

There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

Representative Morrell spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 5551, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5551, as amended by the House, and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Liias, Lytton, MacEwen, Magendanz, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pedersen, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Roberts, Rodne, Ross, Ryu, Santos, Sawyer, Schmick, Scott, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Taylor, Tharinger, Upthegrove, Van De Wege, Vick, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Excused: Representatives DeBolt and Freeman.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5551, as amended by the House, having received the necessary constitutional majority, was declared passed.

SECOND SUBSTITUTE SENATE BILL NO. 5595, by Senate Committee on Ways & Means (originally sponsored by Senators Billig, Litzow, Darneille, Fain, Hargrove, McAuliffe, Harper, Nelson, Hobbs, Mullet, Frockt, Cleveland, Rolfes, Kohl-Welles, Shin, Kline and Conway)

Concerning child care reform.

The bill was read the second time.

There being no objection, the committee amendment by the Committee on Appropriations was adopted. (For Committee amendment, see Journal, Day 86, April 9, 2013).

There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

Representative Farrell spoke in favor of the passage of the bill.

Representative Alexander spoke against the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Second Substitute Senate Bill No. 5595, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 5595, as amended by the House, and the bill passed the House by the following vote: Yeas, 58; Nays, 38; Absent, 0; Excused, 2.

Voting yea: Representatives Appleton, Bergquist, Blake, Carlyle, Clibborn, Cody, Dunshee, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Hansen, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Liias, Lytton, Magendanz, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Ormsby, Orwall, Pedersen, Pettigrew, Pollet, Reykdal, Riccelli, Roberts, Ryu, Santos, Sawyer, Seaquist, Sells, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Tharinger, Upthegrove, Van De Wege, Wylie and Mr. Speaker.

Voting nay: Representatives Alexander, Angel, Buys, Chandler, Condotta, Crouse, Dahlquist, Fagan, Haler, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Klippert, Kochmar, Kretz, Kristiansen, MacEwen, Manweller, Orcutt, Overstreet, Parker, Pike, Rodne, Ross, Schmick, Scott, Shea, Short, Smith, Taylor, Vick, Walsh, Warnick, Wilcox and Zeiger.

Excused: Representatives DeBolt and Freeman.

SECOND SUBSTITUTE SENATE BILL NO. 5595, as amended by the House, having received the necessary constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 5601, by Senate Committee on Health Care (originally sponsored by Senators Becker, Cleveland, Dammeier and Schlicher)

Concerning interpretation of state law regarding rebating practices by health care entities.

The bill was read the second time.

There being no objection, the committee amendment by the Committee on Health Care & Wellness was adopted. (For Committee amendment, see Journal, Day 78, April 1, 2013).

There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

Representatives Cody and Schmick spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5601, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 5601, as amended by the House, and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Liias, Lytton, MacEwen, Magendanz, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pedersen, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Roberts, Rodne, Ross, Ryu, Santos, Sawyer, Schmick, Scott, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Taylor, Tharinger, Upthegrove, Van De Wege, Vick, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Excused: Representatives DeBolt and Freeman.

SUBSTITUTE SENATE BILL NO. 5601, as amended by the House, having received the necessary constitutional majority, was declared passed.

ENGROSSED SENATE BILL NO. 5666, by Senator Dammeier

Concerning disclosure of information by health care quality improvement programs, quality assurance programs, and peer review committees.

The bill was read the second time.

There being no objection, the committee amendment by the Committee on Judiciary was adopted. (For Committee amendment, see Journal, Day 80, April 3, 2013).

There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

Representatives Rodne and Pedersen spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Senate Bill No. 5666, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5666, as amended by the House, and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Liias, Lytton, MacEwen, Magendanz, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pedersen, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Roberts, Rodne, Ross, Ryu, Santos, Sawyer, Schmick, Scott, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Taylor, Tharinger, Upthegrove, Van De Wege, Vick, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Excused: Representatives DeBolt and Freeman.

ENGROSSED SENATE BILL NO. 5666, as amended by the House, having received the necessary constitutional majority, was declared passed.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5669, by Senate Committee on Law & Justice (originally sponsored by Senators Padden, Kohl-Welles, Smith, Hargrove, Pearson, Darneille, Bailey, Nelson, Becker, Benton, Brown, Baumgartner, Conway, Roach and Holmquist Newbry)

Concerning trafficking.

The bill was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Goodman, Hayes and Smith spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 5669.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5669, and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Liias, Lytton, MacEwen, Magendanz, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pedersen, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Roberts, Rodne, Ross, Ryu, Santos, Sawyer, Schmick, Scott, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Taylor, Tharinger, Upthegrove, Van De Wege, Vick, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Excused: Representatives DeBolt and Freeman.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5669, having received the necessary constitutional majority, was declared passed.

SECOND SUBSTITUTE SENATE BILL NO. 5732, by Senate Committee on Ways & Means (originally sponsored by Senators Carrell, Darneille, Keiser and Pearson)

Concerning the adult behavioral health system in Washington state.

The bill was read the second time.

There being no objection, the committee amendment by the Committee on Appropriations was adopted. (For Committee amendment, see Journal, Day 86, April 9, 2013).

There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

Representatives Green and Schmick spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Second Substitute Senate Bill No. 5732, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 5732, as amended by the House, and the bill passed the House by the following vote: Yeas, 93; Nays, 3; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Liias, Lytton, MacEwen, Magendanz, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Orcutt, Ormsby, Orwall, Parker, Pedersen, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Roberts, Rodne, Ross, Ryu, Santos, Sawyer, Schmick, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Tharinger, Upthegrove, Van De Wege, Vick, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representatives Overstreet, Scott and Taylor.

Excused: Representatives DeBolt and Freeman.

SECOND SUBSTITUTE SENATE BILL NO. 5732, as amended by the House, having received the necessary constitutional majority, was declared passed.

SENATE BILL NO. 5809, by Senator Litzow

Changing provisions relating to the home visiting services account.

The bill was read the second time.

Representative Dahlquist moved the adoption of amendment (440) to the committee amendment:

0) On page 1, at the beginning of line 21 of the striking amendment, strike all material through "year." on line 25 and insert the following:

"(iii) It is the intent of the legislature that state funds invested in the account be matched at fifty percent by the private-public partnership each fiscal year. However, state funds in the account may be accessed in the event that the private-public partnership fails to meet the fifty percent match target. Should the private-public partnership not meet the fifty percent match target by the conclusion of the fiscal year ending on June 30, the department and the private-public partnership, shall jointly submit a report to the relevant legislative committees detailing the reasons why the fifty-percent match target was not met, the actual match rate achieved, and a plan to achieve fifty percent match in the subsequent fiscal year. This report shall be submitted as promptly as practicable, but the lack of receipt of this report shall not prevent state funds in the account from being accessed.

(iv) Amounts used for program administration by the department may not exceed an average of four percent in any two consecutive fiscal years."

Renumber remaining subsections consecutively and correct any internal references.

Representatives Dahlquist and Kagi spoke in favor of the adoption of the amendment to the committee amendment.

Amendment (440) to the committee amendment was adopted.

The committee amendment was adopted as amended.

There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

Representatives Kagi, Fagan and Walsh spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Senate Bill No. 5809, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 5809, as amended by the House, and the bill passed the House by the following vote: Yeas, 92; Nays, 4; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Liias, Lytton, MacEwen, Magendanz, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Orcutt, Ormsby, Orwall, Parker, Pedersen, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Roberts, Rodne, Ross, Ryu, Santos, Sawyer, Schmick, Seaquist, Sells, Short, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Tharinger, Upthegrove, Van De Wege, Vick, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representatives Overstreet, Scott, Shea and Taylor.

Excused: Representatives DeBolt and Freeman.

SENATE BILL NO. 5809, as amended by the House, having received the necessary constitutional majority, was declared passed.

ENGROSSED SENATE BILL NO. 5603, by Senators Hatfield, Kohl-Welles, Shin and Ranker

Establishing the Washington coastal marine advisory council. (REVISED FOR ENGROSSED: Establishing the Washington coastal marine advisory council and the Washington marine resources advisory council. )

The bill was read the second time.

There being no objection, the committee amendment by the Committee on Environment was not adopted.

With the consent of the house, amendments (430), (429), and (428) were withdrawn.

Representative Taylor moved the adoption of amendment (357).

0) On page 4, after line 32, insert the following:

"(3) No advisory opinion, document, or report of the council shall be used in updating existing rules or for new rulemaking without specific authorization by the legislature."

On page 8, after line 3, insert the following:

"(9) No advisory opinion, document, or report of the council shall be used in updating existing rules or for new rulemaking without specific authorization by the legislature."

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

Representative Taylor spoke in favor of the adoption of the amendment.

Representative Springer spoke against the adoption of the amendment.

Amendment (357) was not adopted.

Representative Taylor moved the adoption of amendment (358).

0) On page 4, after line 32, insert the following:
"(3) In no case may a hearings officer, hearings board, or court accept an advisory opinion, document, or report of the Washington coastal marine advisory council as evidence in an appeal of a local decision under chapter 36.70A or 90.58 RCW."

On page 8, line 4, after "(9)" insert "In no case may a hearings officer, hearings board, or court accept an advisory opinion, document, or report of the Washington marine resources advisory council as evidence in an appeal of a local decision under chapter 36.70A or 90.58 RCW.
(10)"

On page 8, after line 4, insert the following:

"NEW SECTION. Sec. 5. A new section is added to chapter 90.58 RCW to read as follows:

In no case may a hearings officer, hearings board, or court accept an advisory opinion, document, or report of the Washington coastal marine advisory council established in section 1 of this act or the Washington marine resources advisory council established in section 4 of this act as evidence in an appeal of a local decision under this chapter.

NEW SECTION. Sec. 6. A new section is added to chapter 36.70A RCW to read as follows:

Correct the title.

Representatives Taylor and Chandler spoke in favor of the adoption of the amendment.

Representative Hudgins spoke against the adoption of the amendment.

Amendment (358) was not adopted.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Upthegrove and Smith spoke in favor of the passage of the bill.

Representative Short spoke against the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Senate Bill No. 5603.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5603, as amended by the House, and the bill passed the House by the following vote: Yeas, 82; Nays, 14; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Buys, Carlyle, Clibborn, Cody, Dahlquist, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Harris, Hawkins, Hayes, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Liias, Lytton, MacEwen, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Orcutt, Ormsby, Orwall, Pedersen, Pettigrew, Pollet, Reykdal, Riccelli, Roberts, Ross, Ryu, Santos, Sawyer, Schmick, Seaquist, Sells, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Tharinger, Upthegrove, Van De Wege, Vick, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representatives Chandler, Condotta, Crouse, Hargrove, Holy, Magendanz, Overstreet, Parker, Pike, Rodne, Scott, Shea, Short and Taylor.

Excused: Representatives DeBolt and Freeman.

ENGROSSED SENATE BILL NO. 5603, having received the necessary constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 5591, by Senate Committee on Transportation (originally sponsored by Senators Eide, King and Shin)

Concerning confidential license plates, drivers' licenses, identicards, and vessel registrations.

The bill was read the second time.

There being no objection, the committee amendment by the Committee on Transportation was before the House for purpose of amendment. (For Committee amendment, see Journal, Day 80, April 3, 2013).

With the consent of the house, amendment (360) to the committee amendment was withdrawn.

Representative Overstreet moved the adoption of amendment (369) to the committee amendment:

0)On page 3, beginning on line 15 of the striking amendment, after "(c)" strike all material through "operation" on line 19 and insert "Any driver's license or identicard issued under this subsection must be returned to the department within thirty days of the end of the officer's undercover assignment"

Representatives Overstreet and Clibborn spoke in favor of the adoption of the amendment to the committee amendment.

Amendment (369) to the committee amendment was adopted.

Representative Overstreet moved the adoption of amendment (432) to the committee amendment.

0) On page 3, after line 22 of the striking amendment, insert the following:

"(d) When any federal agency applies for a confidential driver's license or identicard under this section, the application must first be reviewed and approved by a superior court judge serving Thurston county. In conducting such a review, the judge shall ensure that the application complies with the laws and rules pertaining to confidential driver's licenses and identicards and that the confidential driver's license or identicard will be used only in an undercover or covert law enforcement operation."

Representative Overstreet and Overstreet (again) spoke in favor of the adoption of amendment to the committee amendment.

Representative Liias spoke against the adoption of the committee amendment.

Amendment (432) to the committee amendment was not adopted.

Representative Taylor moved the adoption of amendment (389) to the committee amendment.

0) On page 5, after line 10 of the striking amendment, insert the following:

"NEW SECTION. Sec. 4. (1) The state auditor's office shall conduct a comprehensive audit of the department of licensing's issuing of confidential license plates, driver's licenses, indenticards, and vessel registrations. The auditor shall provide a report including the following information:

(a) A complete history of the program dating back to 1975.

(b) An explanation of the department of licensing's authority, statutory or otherwise, to issue driver's licenses and indenticards containing fictitious information.

(c) A full report on any incidents in which confidential personal information of undercover law enforcement officers was intentionally or unintentionally disclosed to the public.

(d) An analysis of the department of licensing's general accountability and recordkeeping standards with regards to the department's issuing of confidential license plates, driver's licenses, identicards, and vessel registrations.

(e) Recommendations regarding appropriate disclosures to provide adequate oversight for department of licensing's issuing of confidential license plates, driver's licenses, identicards, and vessel regisgrations.

(2) The audit report required by this section must be submitted to the legislature on or before December 31, 2013."

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

Representatives Taylor and Overstreet spoke in favor of the adoption of the amendment to the committee amendment.

Representative Clibborn spoke against the adoption of the amendment to the committee amendment.

Amendment (389) to the committee amendment was not adopted.

The committee amendment was adopted as amended.

There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

Representatives Clibborn and Hayes spoke in favor of the passage of the bill.

Representatives Overstreet and Shea spoke against the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5591, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 5591, as amended by the House, and the bill passed the House by the following vote: Yeas, 88; Nays, 8; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Crouse, Dahlquist, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kristiansen, Liias, Lytton, MacEwen, Magendanz, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Orcutt, Ormsby, Orwall, Parker, Pedersen, Pettigrew, Pollet, Reykdal, Riccelli, Roberts, Rodne, Ross, Ryu, Santos, Sawyer, Schmick, Seaquist, Sells, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Tharinger, Upthegrove, Van De Wege, Vick, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representatives Condotta, Kretz, Overstreet, Pike, Scott, Shea, Short and Taylor.

Excused: Representatives DeBolt and Freeman.

SUBSTITUTE SENATE BILL NO. 5591, as amended by the House, having received the necessary constitutional majority, was declared passed.

ENGROSSED SENATE BILL NO. 5105, by Senators Dammeier, Harper and Pearson

Asserting conditions under which the department of corrections provides rental vouchers to a registered sex offender. (REVISED FOR ENGROSSED: Asserting conditions under which the department of corrections provides rental vouchers to an offender. )

The bill was read the second time.

There being no objection, the committee amendment by the Committee on Appropriations Subcommittee on General Government was adopted. (For Committee amendment, see Journal, Day 80, April 3, 2013).

There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.

Representatives Zeiger and Goodman spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Senate Bill No. 5105, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5105, as amended by the House, and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Liias, Lytton, MacEwen, Magendanz, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pedersen, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Roberts, Rodne, Ross, Ryu, Santos, Sawyer, Schmick, Scott, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Taylor, Tharinger, Upthegrove, Van De Wege, Vick, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Excused: Representatives DeBolt and Freeman.

ENGROSSED SENATE BILL NO. 5105, as amended by the House, having received the necessary constitutional majority, was declared passed.

MESSAGES FROM THE SENATE

April 16, 2013

MR. SPEAKER:

The President has signed:

SUBSTITUTE HOUSE BILL NO. 1034

HOUSE BILL NO. 1035

HOUSE BILL NO. 1056

HOUSE BILL NO. 1109

HOUSE BILL NO. 1112

HOUSE BILL NO. 1113

HOUSE BILL NO. 1146

HOUSE BILL NO. 1182

HOUSE BILL NO. 1209

HOUSE BILL NO. 1213

SUBSTITUTE HOUSE BILL NO. 1307

HOUSE BILL NO. 1311

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1325

SUBSTITUTE HOUSE BILL NO. 1343

SUBSTITUTE HOUSE BILL NO. 1376

ENGROSSED HOUSE BILL NO. 1396

HOUSE BILL NO. 1469

SECOND SUBSTITUTE HOUSE BILL NO. 1518

HOUSE BILL NO. 1533

SUBSTITUTE HOUSE BILL NO. 1537

HOUSE BILL NO. 1565

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1625

HOUSE BILL NO. 1639

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1647

SUBSTITUTE HOUSE BILL NO. 1686

HOUSE BILL NO. 1770

HOUSE BILL NO. 1790

SUBSTITUTE HOUSE BILL NO. 1806

SUBSTITUTE HOUSE BILL NO. 1836

HOUSE BILL NO. 1860

SUBSTITUTE HOUSE BILL NO. 1886

SUBSTITUTE HOUSE BILL NO. 1889

HOUSE BILL NO. 1937

and the same are herewith transmitted.

Hunter G. Goodman, Secretary

April 16, 2013

MR. SPEAKER:

The President has signed:

SUBSTITUTE SENATE BILL NO. 5008

SENATE BILL NO. 5030

SENATE BILL NO. 5056

ENGROSSED SUBSTITUTE SENATE BILL NO. 5095

SENATE BILL NO. 5149

SUBSTITUTE SENATE BILL NO. 5180

SENATE BILL NO. 5258

SENATE BILL NO. 5343

SUBSTITUTE SENATE BILL NO. 5362

SUBSTITUTE SENATE BILL NO. 5396

SUBSTITUTE SENATE BILL NO. 5444

SENATE BILL NO. 5496

SUBSTITUTE SENATE BILL NO. 5559

SENATE BILL NO. 5593

SECOND ENGROSSED SENATE BILL NO. 5701

SENATE BILL NO. 5770

SENATE BILL NO. 5806

and the same are herewith transmitted.

Hunter G. Goodman, Secretary

SECOND READING

SUBSTITUTE HOUSE BILL NO. 1961, by House Committee on Appropriations (originally sponsored by Representatives Pedersen, Rodne, Hudgins, Hunter and Ryu)

Extending the expiration date for judicial stabilization trust account surcharges.

The bill was read the second time.

There being no objection, Substitute House Bill No. 1961 was substituted for House Bill No. 1961 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1961 was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Pedersen and Rodne spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1961.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1961, and the bill passed the House by the following vote: Yeas, 91; Nays, 5; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Liias, Lytton, MacEwen, Magendanz, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Orcutt, Ormsby, Orwall, Parker, Pedersen, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Roberts, Rodne, Ross, Ryu, Santos, Sawyer, Schmick, Seaquist, Sells, Short, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Tharinger, Upthegrove, Van De Wege, Vick, Walsh, Wilcox, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representatives Overstreet, Scott, Shea, Taylor and Warnick.

Excused: Representatives DeBolt and Freeman.

SUBSTITUTE HOUSE BILL NO. 1961, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1971, by Representatives Carlyle and Nealey

Concerning communications services reform.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 1971 was substituted for House Bill No. 1971 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 1971 was read the second time.

Representative Wilcox moved the adoption of amendment (438).

0) On page 10, line 24, after "(6)(a)(ii)" insert ". Until July 1, 2018, a seller of prepaid wireless telecommunications service may charge an additional five cents per retail transaction as compensation for the cost of collecting and remitting the tax"

On page 29, line 23, after "Sec. 301." strike "Part" and insert "(1) Except as provided otherwise in this section, part"

On page 29, after line 24, insert the following:
"(2) Sections 102 through 106 of this act take effect January 1, 2014."

Representatives Wilcox and Carlyle spoke in favor of the adoption of the amendment.

Amendment (438) was adopted.

Representative Carlyle moved the adoption of amendment (448).

0) On page 13, beginning on line 36, after "is" strike all material through "542(a)" on line 37 and insert ", or is affiliated with a person that is, subject to a franchise fee in this state under the authority of Title 47 U.S.C. Sec. 542(a). A provider is affiliated with a person if the provider and the person have one hundred percent common ownership"

Representatives Carlyle and Nealey spoke in favor of the adoption of the amendment.

Amendment (448) was adopted.

Representative Nealey moved the adoption of amendment (443).

0) On page 25, line 14, after "threshold" insert ", if the lines or equivalents are located in Washington"

On page 25, at the beginning of line 22, strike "and broadband services"

On page 26, line 22, after "provider's" strike "broadband services and"

Representatives Nealey and Carlyle spoke in favor of the adoption of the amendment.

Amendment (443) was adopted.

The bill was ordered engrossed.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Carlyle and Nealey spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Second Substitute House Bill No. 1971.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 1971, and the bill passed the House by the following vote: Yeas, 74; Nays, 22; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Appleton, Bergquist, Blake, Carlyle, Chandler, Clibborn, Cody, Dahlquist, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Holy, Hudgins, Hunt, Hunter, Hurst, Jinkins, Kagi, Kirby, Klippert, Kretz, Liias, Lytton, MacEwen, Magendanz, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, Orcutt, Ormsby, Orwall, Pedersen, Pettigrew, Pollet, Reykdal, Riccelli, Roberts, Ryu, Santos, Sawyer, Schmick, Seaquist, Sells, Short, Smith, Springer, Stanford, Sullivan, Takko, Tarleton, Tharinger, Upthegrove, Van De Wege, Vick, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representatives Angel, Buys, Condotta, Crouse, Hargrove, Harris, Hawkins, Hayes, Hope, Johnson, Kochmar, Kristiansen, O'Ban, Overstreet, Parker, Pike, Rodne, Ross, Scott, Shea, Stonier and Taylor.

Excused: Representatives DeBolt and Freeman.

SECOND SUBSTITUTE HOUSE BILL NO. 1971, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1982, by Representative Hunter

Eliminating lottery games that generate insufficient net revenue.

The bill was read the second time.

There being no objection, Substitute House Bill No. 1982 was substituted for House Bill No. 1982 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1982 was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Hunter and Alexander spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1982.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1982, and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Liias, Lytton, MacEwen, Magendanz, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pedersen, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Roberts, Rodne, Ross, Ryu, Santos, Sawyer, Schmick, Scott, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Taylor, Tharinger, Upthegrove, Van De Wege, Vick, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Excused: Representatives DeBolt and Freeman.

SUBSTITUTE HOUSE BILL NO. 1982, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2002, by Representatives Condotta and Reykdal

Modifying snowmobile license fees.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2002 was substituted for House Bill No. 2002 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2002 was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Condotta and Hunter spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2002.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2002, and the bill passed the House by the following vote: Yeas, 87; Nays, 9; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Dahlquist, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Harris, Hawkins, Hayes, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Liias, Lytton, MacEwen, Magendanz, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Ormsby, Orwall, Parker, Pedersen, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Roberts, Rodne, Ross, Ryu, Santos, Sawyer, Schmick, Seaquist, Sells, Short, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Tharinger, Upthegrove, Van De Wege, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representatives Crouse, Hargrove, Holy, Orcutt, Overstreet, Scott, Shea, Taylor and Vick.

Excused: Representatives DeBolt and Freeman.

SUBSTITUTE HOUSE BILL NO. 2002, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2016, by Representatives Jinkins, Hunter and Alexander

Concerning a hospital safety net assessment.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2016 was substituted for House Bill No. 2016 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2016 was read the second time.

Representative Jinkins moved the adoption of amendment (435).

0) On page 4, line 31, after "((~~(11)~~))(15)" insert the following:

""Outpatient" means services provided classified as ambulatory payment classification services or successor payment methodologies as defined in WAC 182-550-7050 or successor rule and applies to fee-for-service payments and managed care encounter data.

(16)"

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

On page 13, beginning on line 31, after "about" strike "the first day of" and insert "thirty days prior to the end of"

On page 14, line 20, after "2010" strike ", or equivalent data collected by the authority"

On page 27, beginning on line 2, after "section" strike "and hospitals identified in RCW 74.60.090(1)(c) and 74.60.100"

On page 27, at the beginning of line 35, strike "first" and insert "last"

On page 30, line 22, after "(b)" strike "Within thirty days after receipt" and insert "Before the end of the quarter in which funds are paid to them"

Representatives Jinkins and Schmick spoke in favor of the adoption of the amendment.

Amendment (435) was adopted.

The bill was ordered engrossed.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Jinkins, Alexander and Johnson spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2016.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2016, and the bill passed the House by the following vote: Yeas, 75; Nays, 21; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Carlyle, Chandler, Clibborn, Cody, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Hope, Hudgins, Hunt, Hunter, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Liias, Lytton, MacEwen, Magendanz, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Ormsby, Orwall, Pedersen, Pettigrew, Pollet, Reykdal, Riccelli, Roberts, Rodne, Ross, Ryu, Santos, Sawyer, Schmick, Seaquist, Sells, Short, Springer, Stanford, Sullivan, Takko, Tarleton, Tharinger, Upthegrove, Van De Wege, Walsh, Warnick, Wilcox, Wylie and Mr. Speaker.

Voting nay: Representatives Buys, Condotta, Crouse, Dahlquist, Hargrove, Harris, Hawkins, Hayes, Holy, Hurst, Orcutt, Overstreet, Parker, Pike, Scott, Shea, Smith, Stonier, Taylor, Vick and Zeiger.

Excused: Representatives DeBolt and Freeman.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2016, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1920, by Representatives Ormsby, Carlyle, Hunter and Pollet

Preserving funding deposited into the education legacy trust account used to support common schools and access to higher education by restoring the application of the Washington estate and transfer tax to certain property transfers.

The bill was read the second time.

With the consent of the house, amendment (439) was withdrawn.

Representative Nealey moved the adoption of amendment (442).

0) Beginning on page 1, line 8, strike all of section 1

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

On page 3, at the beginning of line 23, strike "regardless of whether" and insert "when"

On page 3, line 24, after "acquired" strike "before" and insert "after"

Beginning on page 5, line 36, strike all of sections 5 and 6

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

Representatives Nealey, Alexander, Wilcox and Chandler spoke in favor of the adoption of the amendment.

Representatives Carlyle and Pollet spoke against the adoption of the amendment.

Amendment (442) was not adopted.

Representative Hansen moved the adoption of amendment (447).

0)      On page 2, beginning on line 8, after "(4)" strike all material through "(5)" on line 14 and insert "The legislature further finds that: The Bracken decision held certain qualified terminable interest property (QTIP) of married couples was transferred without incurring Washington state estate tax liability, which: (a) Creates an inequity never intended by the legislature because unmarried individuals did not enjoy any similar opportunities to avoid or greatly reduce their potential Washington estate tax liability; and (b) may create disparate treatment between QTIP property and other property transferred between spouses that is eligible for the marital deduction.
      (5) Therefore, the legislature finds that it is necessary to reinstate the legislature's intended meaning when it enacted the estate tax, restore parity between married couples and unmarried individuals, restore parity between QTIP property and other property eligible for the marital deduction, and prevent the adverse fiscal impacts of the Bracken decision by reaffirming its intent that the term "transfer" as used in the Washington estate and transfer tax is to be given its broadest possible meaning consistent with established United States supreme court precedents, subject only to the limits and exceptions expressly provided by the legislature.
      (6)"

Representatives Hansen and Nealey spoke in favor of the adoption of the amendment.

Amendment (447) was adopted.

Representative Condotta moved the adoption of amendment (449).

0) On page 2, line 19, after "The" strike "following"

On page 3, beginning on line 11, after "code" strike all material through "property" on line 13

On page 3, beginning on line 20, strike all of subsection (13) and insert the following:

"(13)(a) "Washington taxable estate" means the federal taxable estate, less: ((~~(a)~~)) (i) One million five hundred thousand dollars for decedents dying before January 1, 2006; and ((~~(b)~~)) (ii) two million dollars for decedents dying on or after January 1, 2006; and ((~~(c)~~)) (iii) the amount of any deduction allowed under RCW 83.100.046; ((~~and~~))
(b) Beginning in calendar year 2014 and through calendar year 2016, the amount specified in (a)(ii) of this subsection must be increased by an additional one million dollars each year.

Beginning on page 4, line 1, strike all of sections 3 through 9 and insert the following:

"Sec. 3. RCW 83.100.040 and 2010 c 106 s 234 are each amended to read as follows:

(1) Until January 1, 2017, a tax in an amount computed as provided in this section is imposed on every transfer of property located in Washington. For the purposes of this section, any intangible property owned by a resident is located in Washington. The tax authorized under this subsection (1) may not be imposed on or after January 1, 2017.

(2)(a) Except as provided in (b) of this subsection, the amount of tax is the amount provided in the following table:

If Washington Taxable

The amount of Tax Equals

Of Washington

Taxable Estate Value

Greater than

Estate is at least But Less Than Initial Tax Amount Plus Tax Rate %

$0 $1,000,000 $0 10.00% $0

$1,000,000 $2,000,000 $100,000 14.00% $1,000,000

$2,000,000 $3,000,000 $240,000 15.00% $2,000,000

$3,000,000 $4,000,000 $390,000 16.00% $3,000,000

$4,000,000 $6,000,000 $550,000 17.00% $4,000,000

$6,000,000 $7,000,000 $890,000 18.00% $6,000,000

$7,000,000 $9,000,000 $1,070,000 18.50% $7,000,000

$9,000,000 $1,440,000 19.00% $9,000,000

(b) If any property in the decedent's estate is located outside of Washington, the amount of tax is the amount determined in (a) of this subsection multiplied by a fraction. The numerator of the fraction is the value of the property located in Washington. The denominator of the fraction is the value of the decedent's gross estate. Property qualifying for a deduction under RCW 83.100.046 must be excluded from the numerator and denominator of the fraction.

(3) The tax imposed under this section is a stand-alone estate tax that incorporates only those provisions of the internal revenue code as amended or renumbered as of January 1, 2005, that do not conflict with the provisions of this chapter. The tax imposed under this chapter is independent of any federal estate tax obligation and is not affected by termination of the federal estate tax."

Correct the title.

POINT OF ORDER

Representative Carlyle requested a scope and object ruling on amendment (449) to House Bill No. 1920.

SPEAKER’S RULING

Mr. Speaker (Representative Moeller presiding): “The title of House Bill 1920 is “an act relating to preserving funding deposited into the education legacy trust account used to support common schools and access to higher education by restoring the application of the Washington estate and transfer tax to certain property transfers.” The bill requires certain marital trust property to be included in the estate for purposes of the Washington estate tax. The amendment phases out and terminates the Washington estate tax for all persons, married and single. The amendment applies to all estate taxes under Washington law, not just the marital trust property addressed in the underlying bill. The Speaker therefore finds that the amendment would change the scope and object of the bill. The point of order is well taken.”

Representative Taylor moved the adoption of amendment (450).

0) On page 5, after line 35, insert the following:

"Sec. 5. RCW 83.100.230 and 2012 1st sp.s. c 10 s 7 are each amended to read as follows:

The education legacy trust account is created in the state treasury. Money in the account may be spent only after appropriation. Expenditures from the account may be used only for support of the common schools, and for expanding access to higher education through funding for new enrollments and financial aid, and other educational improvement efforts. Money may not be transferred from the account to the general fund without a favorable vote of at least sixty percent of the members elected to each house of the legislature."

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

POINT OF ORDER

Representative Carlyle requested a scope and object ruling on amendment (450) to House Bill No. 1920.

SPEAKER’S RULING

Mr. Speaker (Representative Moeller presiding): “The title of House Bill 1920 is “an act relating to preserving funding deposited into the education legacy trust account used to support common schools and access to higher education by restoring the application of the Washington estate and transfer tax to certain property transfers.” The bill requires certain marital trust property to be included in the estate for purposes of the Washington estate tax. The amendment concerns voting requirements for transfers from the education legacy trust account to the general fund, a subject wholly unrelated to the question of what kinds of property are subject to the estate tax. The Speaker therefore finds that the amendment would change the scope and object of the bill. The point of order is well taken.”

The bill was ordered engrossed.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Ormsby and Carlyle spoke in favor of the passage of the bill.

Representatives Nealey, Orcutt, Condotta, Pike and Shea spoke against the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 1920.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 1920, and the bill passed the House by the following vote: Yeas, 54; Nays, 42; Absent, 0; Excused, 2.

Voting yea: Representatives Appleton, Bergquist, Blake, Carlyle, Clibborn, Cody, Dunshee, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Hansen, Hudgins, Hunt, Hunter, Hurst, Jinkins, Kagi, Kirby, Liias, Lytton, Magendanz, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Ormsby, Orwall, Pedersen, Pettigrew, Pollet, Reykdal, Riccelli, Roberts, Ryu, Santos, Sawyer, Seaquist, Sells, Springer, Stanford, Sullivan, Takko, Tarleton, Tharinger, Upthegrove, Van De Wege, Wylie and Mr. Speaker.

Voting nay: Representatives Alexander, Angel, Buys, Chandler, Condotta, Crouse, Dahlquist, Fagan, Haler, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Johnson, Klippert, Kochmar, Kretz, Kristiansen, MacEwen, Manweller, Nealey, O'Ban, Orcutt, Overstreet, Parker, Pike, Rodne, Ross, Schmick, Scott, Shea, Short, Smith, Stonier, Taylor, Vick, Walsh, Warnick, Wilcox and Zeiger.

Excused: Representatives DeBolt and Freeman.

ENGROSSED HOUSE BILL NO. 1920, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2018, by Representative Hunter

Regarding additional contribution rates for employers of the Washington state retirement systems.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2018 was substituted for House Bill No. 2018 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2018 was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Hunter and Alexander spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2018.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2018, and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Liias, Lytton, MacEwen, Magendanz, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pedersen, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Roberts, Rodne, Ross, Ryu, Santos, Sawyer, Schmick, Scott, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Taylor, Tharinger, Upthegrove, Van De Wege, Vick, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Excused: Representatives DeBolt and Freeman.

SUBSTITUTE HOUSE BILL NO. 2018, having received the necessary constitutional majority, was declared passed.

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5405, by Senate Committee on Ways & Means (originally sponsored by Senators Murray, Tom, Kohl-Welles, Darneille, Hobbs, Harper and Frockt)

Concerning extended foster care services.

The bill was read the second time.

There being no objection, the committee amendment by the Committee on Appropriations was not adopted. (For committee amendment, see Journal, Day 86, April 9, 2013)

Representative Roberts moved the adoption of amendment (451)

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

"NEW SECTION. Sec. 1. (1) The legislature finds that the federal fostering connections to success and increasing adoptions act of 2008 provides important new opportunities to increase the impact of state funding through maximizing the amount of federal funding available to promote permanency and positive outcomes for dependent youth.

(2) The legislature also finds that children and adolescents who are legal dependents of Washington state have experienced significant trauma and loss, putting them at increased risk for poor life outcomes. Longitudinal research on the adult functioning of former foster youth indicates a disproportionate likelihood that youth aging out of foster care and those who spent several years in care will experience poor outcomes in a variety of areas, including limited human capital upon which to build economic security and inability to fully take advantage of secondary and postsecondary educational opportunities, untreated mental or behavioral health problems, involvement in the criminal justice and corrections systems, and early parenthood combined with second-generation child welfare involvement.

(3) The legislature further finds that research also demonstrates that access to adequate and appropriate supports during the period of transition from foster care to independence can have significant positive impacts on adult functioning and can improve outcomes relating to educational attainment and postsecondary enrollment, employment and earnings, and reduced rates of teen pregnancies.

Sec. 2. RCW 13.34.030 and 2011 1st sp.s. c 36 s 13 are each reenacted and amended to read as follows:

For purposes of this chapter:

(1) "Abandoned" means when the child's parent, guardian, or other custodian has expressed, either by statement or conduct, an intent to forego, for an extended period, parental rights or responsibilities despite an ability to exercise such rights and responsibilities. If the court finds that the petitioner has exercised due diligence in attempting to locate the parent, no contact between the child and the child's parent, guardian, or other custodian for a period of three months creates a rebuttable presumption of abandonment, even if there is no expressed intent to abandon.

(2) "Child," "juvenile," and "youth" means:

(a) Any individual under the age of eighteen years; or

(b) Any individual age eighteen to twenty-one years who is eligible to receive and who elects to receive the extended foster care services authorized under RCW 74.13.031. A youth who remains dependent and who receives extended foster care services under RCW 74.13.031 shall not be considered a "child" under any other statute or for any other purpose.

(3) "Current placement episode" means the period of time that begins with the most recent date that the child was removed from the home of the parent, guardian, or legal custodian for purposes of placement in out-of-home care and continues until: (a) The child returns home; (b) an adoption decree, a permanent custody order, or guardianship order is entered; or (c) the dependency is dismissed, whichever occurs first.

(4) "Department" means the department of social and health services.

(5) "Dependency guardian" means the person, nonprofit corporation, or Indian tribe appointed by the court pursuant to this chapter for the limited purpose of assisting the court in the supervision of the dependency.

(6) "Dependent child" means any child who:

(a) Has been abandoned;

(b) Is abused or neglected as defined in chapter 26.44 RCW by a person legally responsible for the care of the child;

(c) Has no parent, guardian, or custodian capable of adequately caring for the child, such that the child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development; or

(d) Is receiving extended foster care services, as authorized by RCW 74.13.031.

(7) "Developmental disability" means a disability attributable to intellectual disability, cerebral palsy, epilepsy, autism, or another neurological or other condition of an individual found by the secretary to be closely related to an intellectual disability or to require treatment similar to that required for individuals with intellectual disabilities, which disability originates before the individual attains age eighteen, which has continued or can be expected to continue indefinitely, and which constitutes a substantial limitation to the individual.

(8) "Extended foster care services" means residential and other support services the department is authorized to provide under RCW 74.13.031. These services may include placement in licensed, relative, or otherwise approved care, or supervised independent living settings; assistance in meeting basic needs; independent living services; medical assistance; and counseling or treatment.

(9) "Guardian" means the person or agency that: (a) Has been appointed as the guardian of a child in a legal proceeding, including a guardian appointed pursuant to chapter 13.36 RCW; and (b) has the legal right to custody of the child pursuant to such appointment. The term "guardian" does not include a "dependency guardian" appointed pursuant to a proceeding under this chapter.

(10) "Guardian ad litem" means a person, appointed by the court to represent the best interests of a child in a proceeding under this chapter, or in any matter which may be consolidated with a proceeding under this chapter. A "court-appointed special advocate" appointed by the court to be the guardian ad litem for the child, or to perform substantially the same duties and functions as a guardian ad litem, shall be deemed to be guardian ad litem for all purposes and uses of this chapter.

(11) "Guardian ad litem program" means a court-authorized volunteer program, which is or may be established by the superior court of the county in which such proceeding is filed, to manage all aspects of volunteer guardian ad litem representation for children alleged or found to be dependent. Such management shall include but is not limited to: Recruitment, screening, training, supervision, assignment, and discharge of volunteers.

(12) "Housing assistance" means appropriate referrals by the department or other supervising agencies to federal, state, local, or private agencies or organizations, assistance with forms, applications, or financial subsidies or other monetary assistance for housing. For purposes of this chapter, "housing assistance" is not a remedial service or time-limited family reunification service as described in RCW 13.34.025(2).

(13) "Indigent" means a person who, at any stage of a court proceeding, is:

(a) Receiving one of the following types of public assistance: Temporary assistance for needy families, aged, blind, or disabled assistance benefits, medical care services under RCW 74.09.035, pregnant women assistance benefits, poverty-related veterans' benefits, food stamps or food stamp benefits transferred electronically, refugee resettlement benefits, medicaid, or supplemental security income; or

(b) Involuntarily committed to a public mental health facility; or

(c) Receiving an annual income, after taxes, of one hundred twenty- five percent or less of the federally established poverty level; or

(d) Unable to pay the anticipated cost of counsel for the matter before the court because his or her available funds are insufficient to pay any amount for the retention of counsel.

(14) "Out-of-home care" means placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.

(15) "Preventive services" means preservation services, as defined in chapter 74.14C RCW, and other reasonably available services, including housing assistance, capable of preventing the need for out- of-home placement while protecting the child.

(16) "Shelter care" means temporary physical care in a facility licensed pursuant to RCW 74.15.030 or in a home not required to be licensed pursuant to RCW 74.15.030.

(17) "Sibling" means a child's birth brother, birth sister, adoptive brother, adoptive sister, half-brother, or half-sister, or as defined by the law or custom of the Indian child's tribe for an Indian child as defined in RCW 13.38.040.

(18) "Social study" means a written evaluation of matters relevant to the disposition of the case and shall contain the following information:

(a) A statement of the specific harm or harms to the child that intervention is designed to alleviate;

(b) A description of the specific services and activities, for both the parents and child, that are needed in order to prevent serious harm to the child; the reasons why such services and activities are likely to be useful; the availability of any proposed services; and the agency's overall plan for ensuring that the services will be delivered. The description shall identify the services chosen and approved by the parent;

(c) If removal is recommended, a full description of the reasons why the child cannot be protected adequately in the home, including a description of any previous efforts to work with the parents and the child in the home; the in-home treatment programs that have been considered and rejected; the preventive services, including housing assistance, that have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home; and the parents' attitude toward placement of the child;

(d) A statement of the likely harms the child will suffer as a result of removal;

(e) A description of the steps that will be taken to minimize the harm to the child that may result if separation occurs including an assessment of the child's relationship and emotional bond with any siblings, and the agency's plan to provide ongoing contact between the child and the child's siblings if appropriate; and

(f) Behavior that will be expected before determination that supervision of the family or placement is no longer necessary.

(19) "Supervising agency" means an agency licensed by the state under RCW 74.15.090, or licensed by a federally recognized Indian tribe located in this state under RCW 74.15.190, that has entered into a performance-based contract with the department to provide case management for the delivery and documentation of child welfare services as defined in RCW 74.13.020.

(20) "Nonminor dependent" means any individual age eighteen to twenty-one years who is participating in extended foster care services authorized under RCW 74.13.031.
(21) "Supervised independent living" includes, but is not limited to, apartment living, room and board arrangements, college or university dormitories, and shared roommate settings. Supervised independent living settings must be approved by the children's administration or the court.
(22) "Voluntary placement agreement" means, for the purposes of extended foster care services, a written voluntary agreement between a nonminor dependent who agrees to submit to the care and authority of the department for the purposes of participating in the extended foster care program.

Sec. 3. RCW 13.34.145 and 2011 c 330 s 6 are each amended to read as follows:

(1) The purpose of a permanency planning hearing is to review the permanency plan for the child, inquire into the welfare of the child and progress of the case, and reach decisions regarding the permanent placement of the child.

(a) A permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least nine months and an adoption decree, guardianship order, or permanent custody order has not previously been entered. The hearing shall take place no later than twelve months following commencement of the current placement episode.

(b) Whenever a child is removed from the home of a dependency guardian or long-term relative or foster care provider, and the child is not returned to the home of the parent, guardian, or legal custodian but is placed in out-of-home care, a permanency planning hearing shall take place no later than twelve months, as provided in this section, following the date of removal unless, prior to the hearing, the child returns to the home of the dependency guardian or long-term care provider, the child is placed in the home of the parent, guardian, or legal custodian, an adoption decree, guardianship order, or a permanent custody order is entered, or the dependency is dismissed. Every effort shall be made to provide stability in long-term placement, and to avoid disruption of placement, unless the child is being returned home or it is in the best interest of the child.

(c) Permanency planning goals should be achieved at the earliest possible date, preferably before the child has been in out-of-home care for fifteen months. In cases where parental rights have been terminated, the child is legally free for adoption, and adoption has been identified as the primary permanency planning goal, it shall be a goal to complete the adoption within six months following entry of the termination order.

(2) No later than ten working days prior to the permanency planning hearing, the agency having custody of the child shall submit a written permanency plan to the court and shall mail a copy of the plan to all parties and their legal counsel, if any.

(3) When the youth is at least age seventeen years but not older than seventeen years and six months, the department shall provide the youth with written documentation which explains the availability of extended foster care services and detailed instructions regarding how the youth may access such services after he or she reaches age eighteen years.
(4) At the permanency planning hearing, the court shall conduct the following inquiry:

(a) If a goal of long-term foster or relative care has been achieved prior to the permanency planning hearing, the court shall review the child's status to determine whether the placement and the plan for the child's care remain appropriate.

(b) In cases where the primary permanency planning goal has not been achieved, the court shall inquire regarding the reasons why the primary goal has not been achieved and determine what needs to be done to make it possible to achieve the primary goal. The court shall review the permanency plan prepared by the agency and make explicit findings regarding each of the following:

(i) The continuing necessity for, and the safety and appropriateness of, the placement;

(ii) The extent of compliance with the permanency plan by the department or supervising agency and any other service providers, the child's parents, the child, and the child's guardian, if any;

(iii) The extent of any efforts to involve appropriate service providers in addition to department or supervising agency staff in planning to meet the special needs of the child and the child's parents;

(iv) The progress toward eliminating the causes for the child's placement outside of his or her home and toward returning the child safely to his or her home or obtaining a permanent placement for the child;

(v) The date by which it is likely that the child will be returned to his or her home or placed for adoption, with a guardian or in some other alternative permanent placement; and

(vi) If the child has been placed outside of his or her home for fifteen of the most recent twenty-two months, not including any period during which the child was a runaway from the out-of-home placement or the first six months of any period during which the child was returned to his or her home for a trial home visit, the appropriateness of the permanency plan, whether reasonable efforts were made by the department or supervising agency to achieve the goal of the permanency plan, and the circumstances which prevent the child from any of the following:

(A) Being returned safely to his or her home;

(B) Having a petition for the involuntary termination of parental rights filed on behalf of the child;

(D) Being placed with a guardian;

(E) Being placed in the home of a fit and willing relative of the child; or

(F) Being placed in some other alternative permanent placement, including independent living or long-term foster care.

At this hearing, the court shall order the department or supervising agency to file a petition seeking termination of parental rights if the child has been in out-of-home care for fifteen of the last twenty-two months since the date the dependency petition was filed unless the court makes a good cause exception as to why the filing of a termination of parental rights petition is not appropriate. Any good cause finding shall be reviewed at all subsequent hearings pertaining to the child. For purposes of this section, "good cause exception" includes but is not limited to the following: The child is being cared for by a relative; the department has not provided to the child's family such services as the court and the department have deemed necessary for the child's safe return home; or the department has documented in the case plan a compelling reason for determining that filing a petition to terminate parental rights would not be in the child's best interests.

(c)(i) If the permanency plan identifies independent living as a goal, the court shall make a finding that the provision of services to assist the child in making a transition from foster care to independent living will allow the child to manage his or her financial, personal, social, educational, and nonfinancial affairs prior to approving independent living as a permanency plan of care. The court will inquire whether the child has been provided information about extended foster care services.

(ii) The permanency plan shall also specifically identify the services, including extended foster care services, where appropriate, that will be provided to assist the child to make a successful transition from foster care to independent living.

(iii) The department or supervising agency shall not discharge a child to an independent living situation before the child is eighteen years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW.

(d) If the child has resided in the home of a foster parent or relative for more than six months prior to the permanency planning hearing, the court shall:

(i) Enter a finding regarding whether the foster parent or relative was informed of the hearing as required in RCW 74.13.280, 13.34.215(6), and 13.34.096; and

(ii) If the department or supervising agency is recommending a placement other than the child's current placement with a foster parent, relative, or other suitable person, enter a finding as to the reasons for the recommendation for a change in placement.

((~~(4)~~)) (5) In all cases, at the permanency planning hearing, the court shall:

(a)(i) Order the permanency plan prepared by the supervising agency to be implemented; or

(ii) Modify the permanency plan, and order implementation of the modified plan; and

(b)(i) Order the child returned home only if the court finds that a reason for removal as set forth in RCW 13.34.130 no longer exists; or

(ii) Order the child to remain in out-of-home care for a limited specified time period while efforts are made to implement the permanency plan.

((~~(5)~~)) (6) Following the first permanency planning hearing, the court shall hold a further permanency planning hearing in accordance with this section at least once every twelve months until a permanency planning goal is achieved or the dependency is dismissed, whichever occurs first.

((~~(6)~~)) (7) Prior to the second permanency planning hearing, the agency that has custody of the child shall consider whether to file a petition for termination of parental rights.

((~~(7)~~)) (8) If the court orders the child returned home, casework supervision by the department or supervising agency shall continue for at least six months, at which time a review hearing shall be held pursuant to RCW 13.34.138, and the court shall determine the need for continued intervention.

((~~(8)~~)) (9) The juvenile court may hear a petition for permanent legal custody when: (a) The court has ordered implementation of a permanency plan that includes permanent legal custody; and (b) the party pursuing the permanent legal custody is the party identified in the permanency plan as the prospective legal custodian. During the pendency of such proceeding, the court shall conduct review hearings and further permanency planning hearings as provided in this chapter. At the conclusion of the legal guardianship or permanent legal custody proceeding, a juvenile court hearing shall be held for the purpose of determining whether dependency should be dismissed. If a guardianship or permanent custody order has been entered, the dependency shall be dismissed.

((~~(9)~~)) (10) Continued juvenile court jurisdiction under this chapter shall not be a barrier to the entry of an order establishing a legal guardianship or permanent legal custody when the requirements of subsection ((~~(8)~~)) (9) of this section are met.

((~~(10)~~)) (11) Nothing in this chapter may be construed to limit the ability of the agency that has custody of the child to file a petition for termination of parental rights or a guardianship petition at any time following the establishment of dependency. Upon the filing of such a petition, a fact-finding hearing shall be scheduled and held in accordance with this chapter unless the department or supervising agency requests dismissal of the petition prior to the hearing or unless the parties enter an agreed order terminating parental rights, establishing guardianship, or otherwise resolving the matter.

((~~(11)~~)) (12) The approval of a permanency plan that does not contemplate return of the child to the parent does not relieve the supervising agency of its obligation to provide reasonable services, under this chapter, intended to effectuate the return of the child to the parent, including but not limited to, visitation rights. The court shall consider the child's relationships with siblings in accordance with RCW 13.34.130.

((~~(12)~~)) (13) Nothing in this chapter may be construed to limit the procedural due process rights of any party in a termination or guardianship proceeding filed under this chapter.

Sec. 4. RCW 13.34.267 and 2012 c 52 s 4 are each amended to read as follows:

(1) In order to facilitate the delivery of extended foster care services, the court, upon the agreement of the youth to participate in the extended foster care program, shall ((~~postpone for six months the dismissal of a~~)) maintain the dependency proceeding for any ((~~child~~)) youth who is ((a)) dependent ((~~child~~)) in foster care at the age of eighteen years and who, at the time of his or her eighteenth birthday, is:

(a) Enrolled in a secondary education program or a secondary education equivalency program; ((or))

      (b) Enrolled and participating in a postsecondary academic or postsecondary vocational program, or has applied for and can demonstrate that he or she intends to timely enroll in a postsecondary academic or postsecondary vocational program; or
      (c) Participating in a program or activity designed to promote employment or remove barriers to employment.
      (2) If the court maintains the dependency proceeding of a youth pursuant to subsection (1) of this section, the youth is eligible to receive extended foster care services pursuant to RCW 74.13.031, subject to the youth's continuing eligibility and agreement to participate.
      (3) A dependent youth receiving extended foster care services is a party to the dependency proceeding. The youth's parent or guardian must be dismissed from the dependency proceeding when the youth reaches the age of eighteen.
      (4) The court shall dismiss the dependency proceeding for any youth who is a dependent in foster care and who, at the age of eighteen years, does not meet any of the criteria described in subsection (1)(a) through (c) of this section or does not agree to participate in the program.

      (((2)(a) The six-month postponement under this subsection is intended to allow a reasonable window of opportunity for an eligible youth who reaches the age of eighteen to request extended foster care services from the department or supervising agency. The court shall dismiss the dependency if the youth:
      (i) Has not requested extended foster care services from the department by the end of the six-month period; or
      (ii) Is no longer eligible for extended foster care services under RCW 74.13.031(10) at any point during the six-month period.
      (b) Until the youth requests to participate in the extended foster care program, the department is relieved of any supervisory responsibility for the youth.
      (3) A youth who participates in extended foster care while completing a secondary education or equivalency program may continue to receive extended foster care services for the purpose of participating in a postsecondary academic or postsecondary vocational education program if, at the time the secondary education or equivalency program is completed, the youth has applied to and can demonstrate that he or she intends to timely enroll in a postsecondary academic or vocational education program. The dependency shall be dismissed if the youth fails to timely enroll or continue in the postsecondary program, or reaches age twenty-one, whichever is earlier.
      (4) A youth receiving extended foster care services is a party to the dependency proceeding. The youth's parent or guardian shall be dismissed from the dependency proceeding when the youth reaches the age of eighteen years.))

(5) The court shall order a youth participating in extended foster care services to be under the placement and care authority of the department, subject to the youth's continuing agreement to participate in extended foster care services. The department may establish foster care rates appropriate to the needs of the youth participating in extended foster care services. The department's placement and care authority over a youth receiving extended foster care services is solely for the purpose of providing services and does not create a legal responsibility for the actions of the youth receiving extended foster care services.

(6) The court shall appoint counsel to represent a youth, as defined in RCW 13.34.030(2)(b), in dependency proceedings under this section.

(7) The case plan for and delivery of services to a youth receiving extended foster care services is subject to the review requirements set forth in RCW 13.34.138 and 13.34.145, and should be applied in a developmentally appropriate manner, as they relate to youth age eighteen to twenty-one years. Additionally, the court shall consider:

(a) Whether the youth is safe in his or her placement;

(b) Whether the youth continues to be eligible for extended foster care services;

(d) The youth's development of independent living skills; and

(e) The youth's overall progress toward transitioning to full independence and the projected date for achieving such transition.

(8) Prior to the review hearing, the youth's attorney shall indicate whether there are any contested issues and may provide additional information necessary for the court's review.

(((9) Upon the request of the youth, or when the youth is no longer eligible to receive extended foster care services according to rules adopted by the department, the court shall dismiss the dependency.))

NEW SECTION. Sec. 5. A new section is added to chapter 74.13 RCW to read as follows:

(1) A youth who has reached age eighteen years may request extended foster care services authorized under RCW 74.13.031 at any time before he or she reaches the age of nineteen years if on or after the effective date of this section:

(a) The dependency proceeding of the youth was dismissed pursuant to RCW 13.34.267(4) at the time that he or she reached age eighteen years; or

(b) The court, after holding the dependency case open pursuant to RCW 13.34.267(1), has dismissed the case because the youth became ineligible for extended foster care services.

(2)(a) Upon a request for extended foster care services by a youth pursuant to subsection (1) of this section, a determination that the youth is eligible for extended foster care services, and the completion of a voluntary placement agreement, the department shall provide extended foster care services to the youth.

(b) In order to continue receiving extended foster care services after entering into a voluntary placement agreement with the department, the youth must agree to the entry of an order of dependency within one hundred eighty days of the date that the youth is placed in foster care pursuant to a voluntary placement agreement.

(3) A youth may enter into a voluntary placement agreement for extended foster care services only once. A youth may transition among the eligibility categories identified in RCW 74.13.031 while under the same voluntary placement agreement, provided that the youth remains eligible for extended foster care services during the transition.

(4) "Voluntary placement agreement," for the purposes of this section, means a written voluntary agreement between a nonminor dependent who agrees to submit to the care and authority of the department for the purposes of participating in the extended foster care program.

NEW SECTION. Sec. 6. A new section is added to chapter 13.34 RCW to read as follows:

(1)(a) If a youth prior to reaching age nineteen years requests extended foster care services from the department pursuant to section 5 of this act, and the department declines to enter into a voluntary placement agreement with the youth, the department must provide written documentation to the youth which contains:

(i) The date that the youth requested extended foster care services;

(ii) The department's reasons for declining to enter into a voluntary placement agreement with the youth and the date of the department's decision; and

(iii) Information regarding the youth's right to ask the court to establish a dependency for the purpose of providing extended foster care services and his or her right to counsel to assist in making that request.

(b) The written documentation pursuant to (a) of this subsection must be provided to the youth within ten days of the department's decision not to enter into a voluntary placement agreement with the youth.

(2)(a) A youth seeking to participate in extended foster care after being declined by the department under subsection (1) of this section may file a notice of intent to file a petition for dependency, asking the court to determine his or her eligibility for extended foster care services, and to enter an order of dependency. If the youth chooses to file such notice, it must be filed within thirty days of the date of the department's decision.

(b) Upon filing the notice, the youth must be provided counsel at no cost to him or her. Upon receipt of the youth's petition, the court must set a hearing date to determine whether the petition should be granted.

Sec. 7. RCW 74.13.020 and 2012 c 205 s 12 are each amended to read as follows:

For purposes of this chapter:

(1) "Case management" means convening family meetings, developing, revising, and monitoring implementation of any case plan or individual service and safety plan, coordinating and monitoring services needed by the child and family, caseworker-child visits, family visits, and the assumption of court-related duties, excluding legal representation, including preparing court reports, attending judicial hearings and permanency hearings, and ensuring that the child is progressing toward permanency within state and federal mandates, including the Indian child welfare act.

(2) "Child" means:

(a) A person less than eighteen years of age; or

(b) A person age eighteen to twenty-one years who is eligible to receive the extended foster care services authorized under RCW 74.13.031.

(3) "Child protective services" has the same meaning as in RCW 26.44.020.

(4) "Child welfare services" means social services including voluntary and in-home services, out-of-home care, case management, and adoption services which strengthen, supplement, or substitute for, parental care and supervision for the purpose of:

(a) Preventing or remedying, or assisting in the solution of problems which may result in families in conflict, or the neglect, abuse, exploitation, or criminal behavior of children;

(b) Protecting and caring for dependent, abused, or neglected children;

(c) Assisting children who are in conflict with their parents, and assisting parents who are in conflict with their children, with services designed to resolve such conflicts;

(d) Protecting and promoting the welfare of children, including the strengthening of their own homes where possible, or, where needed;

(e) Providing adequate care of children away from their homes in foster family homes or day care or other child care agencies or facilities.

"Child welfare services" does not include child protection services.

(5) "Committee" means the child welfare transformation design committee.

(6) "Department" means the department of social and health services.

(7) "Extended foster care services" means residential and other support services the department is authorized to provide to foster children. These services may include((~~, but are not limited to,~~)) placement in licensed, relative, or otherwise approved care, or supervised independent living settings; assistance in meeting basic needs; independent living services; medical assistance; and counseling or treatment.

(8) "Measurable effects" means a statistically significant change which occurs as a result of the service or services a supervising agency is assigned in a performance-based contract, in time periods established in the contract.

(9) "Out-of-home care services" means services provided after the shelter care hearing to or for children in out-of-home care, as that term is defined in RCW 13.34.030, and their families, including the recruitment, training, and management of foster parents, the recruitment of adoptive families, and the facilitation of the adoption process, family reunification, independent living, emergency shelter, residential group care, and foster care, including relative placement.

(10) "Performance-based contracting" means the structuring of all aspects of the procurement of services around the purpose of the work to be performed and the desired results with the contract requirements set forth in clear, specific, and objective terms with measurable outcomes. Contracts shall also include provisions that link the performance of the contractor to the level and timing of reimbursement.

(11) "Permanency services" means long-term services provided to secure a child's safety, permanency, and well-being, including foster care services, family reunification services, adoption services, and preparation for independent living services.

(12) "Primary prevention services" means services which are designed and delivered for the primary purpose of enhancing child and family well-being and are shown, by analysis of outcomes, to reduce the risk to the likelihood of the initial need for child welfare services.

(13) "Supervising agency" means an agency licensed by the state under RCW 74.15.090, or licensed by a federally recognized Indian tribe located in this state under RCW 74.15.190, that has entered into a performance-based contract with the department to provide case management for the delivery and documentation of child welfare services, as defined in this section. This definition is applicable on or after December 30, 2015.

(14) "Nonminor dependent" means any individual age eighteen to twenty-one years who is participating in extended foster care services authorized under RCW 74.13.031.
(15) "Supervised independent living" includes, but is not limited to, apartment living, room and board arrangements, college or university dormitories, and shared roommate settings. Supervised independent living settings must be approved by the children's administration or the court.
(16) "Voluntary placement agreement" means, for the purposes of extended foster care services, a written voluntary agreement between a nonminor dependent who agrees to submit to the care and authority of the department for the purposes of participating in the extended foster care program.

Sec. 8. RCW 74.13.020 and 2012 c 259 s 7 and 2012 c 205 s 12 are each reenacted and amended to read as follows: