Senate Chamber, Olympia, Wednesday, April 24, 2013

 

The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present with the exception of Senator Carrell.

The Sergeant at Arms Color Guard consisting of Pages Emma Cooper and Anastasia Stevens, presented the Colors. Pastor Jack Keith of Hood Canal Community Church of Hoodsport offered the prayer.

 

MOTION

 

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

 

MOTION

 

There being no objection, the Senate advanced to the first order of business.

 

REPORTS OF STANDING COMMITTEES

 

April 23, 2013

SB 5901            Prime Sponsor, Senator Litzow: Providing education reforms.  Reported by Committee on Ways & Means

 

MAJORITY recommendation:  That Substitute Senate Bill No. 5901 be substituted therefor, and the substitute bill do pass.  Signed by Senators Hill, Chair; Honeyford, Capital Budget Chair; Baumgartner, Vice Chair; Bailey; Becker; Braun; Dammeier; Hewitt; Parlette; Rivers; Schoesler and Tom.

 

MINORITY recommendation:  Do not pass.  Signed by Senators Conway; Fraser; Hasegawa; Hatfield; Keiser; Kohl-Welles; Nelson, Assistant Ranking Member.

 

MINORITY recommendation:  That it be referred without recommendation.  Signed by Senator Padden.

 

Passed to Committee on Rules for second reading.

 

April 23, 2013

SB 5916            Prime Sponsor, Senator Bailey: Addressing the administration of public retirement plans.  Reported by Committee on Ways & Means

 

MAJORITY recommendation:  That Substitute Senate Bill No. 5916 be substituted therefor, and the substitute bill do pass.  Signed by Senators Hill, Chair; Honeyford, Capital Budget Chair; Baumgartner, Vice Chair; Bailey; Becker; Braun; Dammeier; Hewitt; Padden; Parlette; Rivers; Schoesler and Tom.

 

MINORITY recommendation:  Do not pass.  Signed by Senators Conway; Fraser; Hasegawa; Hatfield; Keiser; Kohl-Welles; Nelson, Assistant Ranking Member.

 

Passed to Committee on Rules for second reading.

 

MOTION

 

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

 

MOTION

 

On motion of Senator Fain, the Senate advanced to the third order of business.

 

MESSAGE FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENTS

 

April 16, 2013

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following reappointment, subject to your confirmation.

THOMAS KARIER, reappointed March 20, 2013, for the term ending January 15, 2016, as Member of the Northwest Power and Conservation Council.

Sincerely,

JAY INSLEE, Governor

Referred to Committee on Energy, Environment & Telecommunications.

 

 

April 16, 2013

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following appointment, subject to your confirmation.

GENE C. SHARRATT, appointed June 1, 2013, for the term ending at the governor's pleasure, as a Director of the Washington State Student Achievement Council.

Sincerely,

JAY INSLEE, Governor

Referred to Committee on Higher Education.

 

 

April 11, 2013

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following appointment, subject to your confirmation.

JOHN WIESMAN, appointed April 15, 2013, for the term ending at the governor's pleasure, as Secretary of the Department of Health.

Sincerely,

JAY INSLEE, Governor

Referred to Committee on Health Care.

 

MOTION

 

On motion of Senator Fain, all appointees listed on the Gubernatorial Appointments report were referred to the committees as designated.

 

MOTION

 

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

 

MESSAGE FROM THE HOUSE

 

April 23, 2013

 

MR. PRESIDENT:

The House concurred in the Senate amendment to  ENGROSSED SUBSTITUTE HOUSE BILL NO. 1412 and passed the bill as amended by the Senate.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 23, 2013

 

MR. PRESIDENT:

The Speaker has signed:

SUBSTITUTE SENATE BILL NO. 5002,

SUBSTITUTE SENATE BILL NO. 5022,

SENATE BILL NO. 5050,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5078,

SUBSTITUTE SENATE BILL NO. 5152,

SENATE BILL NO. 5161,

SECOND SUBSTITUTE SENATE BILL NO. 5197,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5329,

SENATE BILL NO. 5355,

SENATE BILL NO. 5359,

SUBSTITUTE SENATE BILL NO. 5434,

SUBSTITUTE SENATE BILL NO. 5565,

SUBSTITUTE SENATE BILL NO. 5591,

SENATE BILL NO. 5809,

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 23, 2013

 

MR. PRESIDENT:

The Speaker has signed:

SUBSTITUTE HOUSE BILL NO. 1001,

SUBSTITUTE HOUSE BILL NO. 1068,

SUBSTITUTE HOUSE BILL NO. 1076,

SUBSTITUTE HOUSE BILL NO. 1093,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1114,

SUBSTITUTE HOUSE BILL NO. 1144,

HOUSE BILL NO. 1178,

HOUSE BILL NO. 1194,

HOUSE BILL NO. 1207,

SUBSTITUTE HOUSE BILL NO. 1265,

SUBSTITUTE HOUSE BILL NO. 1284,

SUBSTITUTE HOUSE BILL NO. 1334,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1336,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1341,

SECOND SUBSTITUTE HOUSE BILL NO. 1416,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1445,

SUBSTITUTE HOUSE BILL NO. 1472,

HOUSE BILL NO. 1474,

ENGROSSED HOUSE BILL NO. 1493,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1519,

SUBSTITUTE HOUSE BILL NO. 1525,

SUBSTITUTE HOUSE BILL NO. 1556,

SECOND SUBSTITUTE HOUSE BILL NO. 1566,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1633,

SECOND SUBSTITUTE HOUSE BILL NO. 1642,

HOUSE BILL NO. 1645,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1679,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1688,

HOUSE BILL NO. 1736,

SUBSTITUTE HOUSE BILL NO. 1737,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1774,

HOUSE BILL NO. 1800,

ENGROSSED HOUSE BILL NO. 1826,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1846,

SUBSTITUTE HOUSE BILL NO. 1883,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1968,

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 23, 2013

 

MR. PRESIDENT:

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

SUBSTITUTE HOUSE BILL NO. 1242,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1245,

SUBSTITUTE HOUSE BILL NO. 1466,

SUBSTITUTE HOUSE BILL NO. 1612,

SECOND SUBSTITUTE HOUSE BILL NO. 1764,

SUBSTITUTE HOUSE BILL NO. 1779,

SUBSTITUTE HOUSE BILL NO. 1941,

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

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

 

INTRODUCTION AND FIRST READING

OF HOUSE BILLS

 

HB 2024             by Representatives Pedersen, Rodne, Jinkins, Klippert, Orwall, O'Ban, Wylie, Ormsby, Kirby, Buys, Roberts, Nealey, Goodman, Hansen, Kagi, Hunter, Ryu, Appleton and Manweller

 

AN ACT Relating to the institution or prosecution of legal proceedings by the attorney general on behalf of state officers; amending RCW 43.10.030; adding a new section to chapter 43.10 RCW; creating a new section; and declaring an emergency.

 

Referred to Committee on Ways & Means.

 

MOTION

 

      On motion of Senator Fain, the measure listed on the Introduction and First Reading report was referred to the committee as designated.

 

MOTION

 

On motion of Senator Fain, Senator Carrell was excused.

 

MOTION

 

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

 

MOTION

 

Senator Ericksen moved adoption of the following resolution:

SENATE RESOLUTION
8651

By Senators Ericksen, Hewitt, Honeyford, Brown, Tom, King, Becker, Kline, Pearson, Conway, Ranker, Harper, Murray, Fain, Hasegawa, Sheldon, Eide, Parlette, Darneille, Cleveland, Bailey, Baumgartner, Litzow, Schoesler, Chase, Padden, Shin, Hobbs, Roach, Keiser, Rolfes, Hatfield, Billig, Dammeier, Smith, Rivers, Benton, Braun, Holmquist Newbry, and Nelson

      WHEREAS, Doris M. Brougham was born in Seattle on August 5, 1926, and earned her B.A. in Far East Studies from the University of Washington in 1948; and

      WHEREAS, Ms. Brougham personally witnessed the Chinese Civil War and moved to Taiwan in 1951, where, at the age of twenty-five, she made the choice to dedicate the rest of her life to help improve the lives of the people of Taiwan; and

      WHEREAS, Despite adversities, political threats, and earthquakes, Ms. Brougham has always kept Washington State in her heart and has lived and worked with the people of Taiwan for the past 62 years; and

      WHEREAS, Ms. Brougham, known to her students as Peng Meng-hui, in 1962 founded Taiwan's most popular English radio program, Studio Classroom, magazine Let's Talk English, and Overseas Radio And Television Inc., a Taiwanese Christian media outlet; and

      WHEREAS, She established the Doris Brougham Scholarship to provide financial assistance to needy high school students with good grades in English, as well as undergraduate and graduate college students majoring in English or Mass Communications; and

      WHEREAS, Ms. Brougham speaks fluent Mandarin and learned the Ami language during the time she lived with the Aboriginal Hualien mountain tribal people of Taiwan; and

      WHEREAS, Ms. Brougham's lifelong dedication to Taiwan and its people has yielded her tremendous respect, love, and admiration from not just the people of Taiwan, but also from its highest leaders; and

      WHEREAS, In 2002, Ms. Brougham was honored with the most prestigious medal, the Order of the Brilliant Star with Special Grand Cordon, and was awarded as an honorary civil servant of the highest level; and

      WHEREAS, Ms. Brougham, as a native daughter of Washington State, has brought honor and prestige to our state and our nation and is a vivid testimony to the good bilateral relations between Washington State and Taiwan;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate, in unison with our friends from Taiwan, honor and congratulate Doris M. Brougham for her unselfish and lifelong achievements and dedication to the well-being, education, and progress of all students young and old in Taiwan and offer their best wishes for a continued happy and fulfilling career and deepest respect and gratitude to Doris M. Brougham; and

      BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to Doris M. Brougham; Ma Ying-jeou, President of Taiwan; Barack Obama, President of the United States; Jay Inslee, Governor of the State of Washington; Brad Owen, Lieutenant Governor of the State of Washington; and Director General Andy Chin of the Taipei Economic and Cultural Office in Seattle.

      Senators Ericksen, Shin, Roach and Kohl-Welles spoke in favor of adoption of the resolution.

      The President declared the question before the Senate to be the adoption of Senate Resolution No. 8651.

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

INTRODUCTION OF SPECIAL GUESTS

 

The President welcomed and introduced Director-General Chin Hsing (Andy Chin) and Director Richard Lin of the Taipei Economic and Cultural Office in Seattle; Mr. Lo Yu Sun, member of the National Advisory Council of the U. S. Small Business Administration, Republic of China (Taiwan) Overseas Chinese Affairs Senior Commissioner appointed by the President of Taiwan, founder of the Seattle Chapter of the Taiwan Benevolent Association of America and CEO and owner of China Harbor restaurant in Seattle; Father Thomas Law Kwok-fai, Secretary, Washington Association of Chinese Christian Ministers; Ms. Jan Crosetto, Vice-Chair of the Board, Overseas Radio and Television, Inc., Seattle; Mr. Brian Bosse, Vice President of Business Development, Foundation for International Services, Inc., Edmonds; Mr. Jin-Pu (Miles) Chang, Assistant Freelance Correspondent, Taiwan Macroview TV and affiliate of the Republic of China (Taiwan) Overseas Community Affairs Council; Mr. Chun Du, College Fellowship counselor, Evangelical Christian Church, Seattle; and Professor Hsiou-hsia Jeng, College Fellowship counselor, Evangelical Christian Church, Seattle and former Associate Professor, Department of Foreign Languages and Literatures, National Taiwan University, Taipei who were present in the gallery and recognized by the Senate.

MOTION

 

On motion of Senator Fain, the Senate reverted to the seventh order of business.

 

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Sheldon moved that Marc Daudon, Gubernatorial Appointment No. 9089, be confirmed as a member of the Energy Northwest.

      Senator Sheldon spoke in favor of the motion.

 

APPOINTMENT OF MARC DAUDON

 

The President declared the question before the Senate to be the confirmation of Marc Daudon, Gubernatorial Appointment No. 9089, as a member of the Energy Northwest.

 

The Secretary called the roll on the confirmation of Marc Daudon, Gubernatorial Appointment No. 9089, as a member of the Energy Northwest and the appointment was confirmed by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom

      Excused: Senator Carrell

Marc Daudon, Gubernatorial Appointment No. 9089, having received the constitutional majority was declared confirmed as a member of the Energy Northwest.

 

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Cleveland moved that John Glenn, Gubernatorial Appointment No. 9104, be confirmed as a member of the State School for the Blind Board of Trustees.

      Senator Cleveland spoke in favor of the motion.

 

APPOINTMENT OF JOHN GLENN

 

The President declared the question before the Senate to be the confirmation of John Glenn, Gubernatorial Appointment No. 9104, as a member of the State School for the Blind Board of Trustees.

 

The Secretary called the roll on the confirmation of John Glenn, Gubernatorial Appointment No. 9104, as a member of the State School for the Blind Board of Trustees and the appointment was confirmed by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom

      Excused: Senator Carrell

John Glenn, Gubernatorial Appointment No. 9104, having received the constitutional majority was declared confirmed as a member of the State School for the Blind Board of Trustees.

 

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Fraser moved that Erin Harms, Gubernatorial Appointment No. 9110, be confirmed as a member of the Board of Trustees, The Evergreen State College.

      Senator Fraser spoke in favor of the motion.

 

APPOINTMENT OF ERIN HARMS

 

The President declared the question before the Senate to be the confirmation of Erin Harms, Gubernatorial Appointment No. 9110, as a member of the Board of Trustees, The Evergreen State College.

 

The Secretary called the roll on the confirmation of Erin Harms, Gubernatorial Appointment No. 9110, as a member of the Board of Trustees, The Evergreen State College and the appointment was confirmed by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom

      Excused: Senator Carrell

Erin Harms, Gubernatorial Appointment No. 9110, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, The Evergreen State College.

 

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Cleveland moved that James Kemp, Gubernatorial Appointment No. 9129, be confirmed as a member of the State School for the Blind Board of Trustees.

      Senator Cleveland spoke in favor of the motion.

 

APPOINTMENT OF JAMES KEMP

 

The President declared the question before the Senate to be the confirmation of James Kemp, Gubernatorial Appointment No. 9129, as a member of the State School for the Blind Board of Trustees.

 

The Secretary called the roll on the confirmation of James Kemp, Gubernatorial Appointment No. 9129, as a member of the State School for the Blind Board of Trustees and the appointment was confirmed by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom

      Excused: Senator Carrell

James Kemp, Gubernatorial Appointment No. 9129, having received the constitutional majority was declared confirmed as a member of the State School for the Blind Board of Trustees.

 

SIGNED BY THE PRESIDENT

 

Pursuant to Article 2, Section 32 of the State Constitution and Senate Rule 1(5), the President announced the signing of and thereupon did sign in open session:

ENGROSSED SENATE BILL NO. 5099,

SENATE BILL NO. 5102,

ENGROSSED SENATE BILL NO. 5104,

SENATE BILL NO. 5113,

SUBSTITUTE SENATE BILL NO. 5135,

SENATE BILL NO. 5136,

SENATE BILL NO. 5145,

ENGROSSED SENATE BILL NO. 5206,

SENATE BILL NO. 5220,

SUBSTITUTE SENATE BILL NO. 5256,

SUBSTITUTE SENATE BILL NO. 5308,

SUBSTITUTE SENATE BILL NO. 5369,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5389,

SUBSTITUTE SENATE BILL NO. 5399,

SUBSTITUTE SENATE BILL NO. 5507,

SENATE BILL NO. 5674,

ENGROSSED SENATE BILL NO. 5699,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5723.

 

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Brown moved that Kristina Mayer, Gubernatorial Appointment No. 9139, be confirmed as a member of the State Board of Education.

      Senator Brown spoke in favor of the motion.

 

APPOINTMENT OF KRISTINA MAYER

 

The President declared the question before the Senate to be the confirmation of Kristina Mayer, Gubernatorial Appointment No. 9139, as a member of the State Board of Education.

 

The Secretary called the roll on the confirmation of Kristina Mayer, Gubernatorial Appointment No. 9139, as a member of the State Board of Education and the appointment was confirmed by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom

      Excused: Senator Carrell

Kristina Mayer, Gubernatorial Appointment No. 9139, having received the constitutional majority was declared confirmed as a member of the State Board of Education.

 

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Hasegawa moved that Kathy Turner, Gubernatorial Appointment No. 9191, be confirmed as a member of the Public Disclosure Commission.

      Senator Hasegawa spoke in favor of the motion.

 

MOTION

 

On motion of Senator Billig, Senators Frockt and Ranker were excused.

 

APPOINTMENT OF KATHY TURNER

 

The President declared the question before the Senate to be the confirmation of Kathy Turner, Gubernatorial Appointment No. 9191, as a member of the Public Disclosure Commission.

 

The Secretary called the roll on the confirmation of Kathy Turner, Gubernatorial Appointment No. 9191, as a member of the Public Disclosure Commission and the appointment was confirmed by the following vote:  Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom

      Excused: Senators Carrell, Frockt and Ranker

Kathy Turner, Gubernatorial Appointment No. 9191, having received the constitutional majority was declared confirmed as a member of the Public Disclosure Commission.

 

MOTION

 

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

 

SIGNED BY THE PRESIDENT

 

Pursuant to Article 2, Section 32 of the State Constitution and Senate Rule 1(5), the President announced the signing of and thereupon did sign in open session:

SUBSTITUTE HOUSE BILL NO. 1001,

SUBSTITUTE HOUSE BILL NO. 1068,

SUBSTITUTE HOUSE BILL NO. 1076,

SUBSTITUTE HOUSE BILL NO. 1093,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1114,

SUBSTITUTE HOUSE BILL NO. 1144,

HOUSE BILL NO. 1178,

HOUSE BILL NO. 1194,

HOUSE BILL NO. 1207,

SUBSTITUTE HOUSE BILL NO. 1265,

SUBSTITUTE HOUSE BILL NO. 1284,

SUBSTITUTE HOUSE BILL NO. 1334,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1336,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1341,

SECOND SUBSTITUTE HOUSE BILL NO. 1416,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1445,

SUBSTITUTE HOUSE BILL NO. 1472,

HOUSE BILL NO. 1474,

ENGROSSED HOUSE BILL NO. 1493,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1519,

SUBSTITUTE HOUSE BILL NO. 1525,

SUBSTITUTE HOUSE BILL NO. 1556,

SECOND SUBSTITUTE HOUSE BILL NO. 1566,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1633,

SECOND SUBSTITUTE HOUSE BILL NO. 1642,

HOUSE BILL NO. 1645,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1679,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1688,

HOUSE BILL NO. 1736,

SUBSTITUTE HOUSE BILL NO. 1737,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1774,

HOUSE BILL NO. 1800,

ENGROSSED HOUSE BILL NO. 1826,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1846,

SUBSTITUTE HOUSE BILL NO. 1883,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1968.

 

MESSAGE FROM THE HOUSE

 

April 17, 2013

 

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 5705 with the following amendment(s): 5705-S AMH CARL H2459.1

0.On page 2, after line 3, insert the following:

"NEW SECTION.  Sec. 2.  The legislature finds that it is difficult for many property owners to pay property taxes under the current system where past due property tax payments must be paid in full, including penalties and interest.  The legislature further finds that providing counties and property owners some flexibility in structuring past due property tax payments may provide some relief for property owners with delinquent tax payments.

Sec. 3.  RCW 84.56.020 and 2010 c 200 s 1 are each amended to read as follows:

      (1) The county treasurer must be the receiver and collector of all taxes extended upon the tax rolls of the county, whether levied for state, county, school, bridge, road, municipal or other purposes, and also of all fines, forfeitures or penalties received by any person or officer for the use of his or her county.  No treasurer may accept tax payments or issue receipts for the same until the treasurer has completed the tax roll for the current year's collection and provided notification of the completion of the roll.  Notification may be accomplished electronically, by posting a notice in the office, or through other written communication as determined by the treasurer.  All taxes upon real and personal property made payable by the provisions of this title are due and payable to the treasurer on or before the thirtieth day of April and, except as provided in this section, shall be delinquent after that date.

      (2) Each tax statement must include a notice that checks for payment of taxes may be made payable to "Treasurer of . . . . . . County" or other appropriate office, but tax statements may not include any suggestion that checks may be made payable to the name of the individual holding the office of treasurer nor any other individual.

      (3) When the total amount of tax or special assessments on personal property or on any lot, block or tract of real property payable by one person is fifty dollars or more, and if one-half of such tax be paid on or before the thirtieth day of April, the remainder of such tax is due and payable on or before the thirty-first day of October following and shall be delinquent after that date.

      (4) When the total amount of tax or special assessments on any lot, block or tract of real property or on any mobile home payable by one person is fifty dollars or more, and if one-half of such tax be paid after the thirtieth day of April but before the thirty-first day of October, together with the applicable interest and penalty on the full amount of tax payable for that year, the remainder of such tax is due and payable on or before the thirty-first day of October following and is delinquent after that date.

      (5) Except as provided in (c) of this subsection, delinquent taxes under this section are subject to interest at the rate of twelve percent per annum computed on a monthly basis on the full year amount of tax unpaid from the date of delinquency until paid.  Interest must be calculated at the rate in effect at the time of payment of the tax, regardless of when the taxes were first delinquent.  In addition, delinquent taxes under this section are subject to penalties as follows:

      (a) A penalty of three percent of the full year amount of tax unpaid is assessed on the tax delinquent on June 1st of the year in which the tax is due.

      (b) An additional penalty of eight percent is assessed on the amount of tax delinquent on December 1st of the year in which the tax is due.

(c) If a taxpayer is successfully participating in a payment agreement under subsection (11)(b) of this section, the county treasurer may not assess additional penalties on delinquent taxes that are included within the payment agreement.  Interest and penalties that have been assessed prior to the payment agreement remain due and payable as provided in the payment agreement.

      (6)(a) When real property taxes become delinquent and prior to the filing of the certificate of delinquency, the treasurer is authorized to assess and collect tax foreclosure avoidance costs.
      (b) For the purposes of this section, "tax foreclosure avoidance costs" means those costs that can be identified specifically with the administration of properties subject to and prior to foreclosure.  Tax foreclosure avoidance costs include:
      (i) Compensation of employees for the time devoted and identified specifically to administering the avoidance of property foreclosure; and
      (ii) The cost of materials, services, or equipment acquired, consumed, or expended specifically for the purpose of administering tax foreclosure avoidance prior to the filing of a certificate of delinquency.
      (c) When tax foreclosure avoidance costs are collected, the tax foreclosure avoidance costs must be credited to the county treasurer service fund account, except as otherwise directed.
      (d) For purposes of chapter 84.64 RCW, any taxes, interest, or penalties deemed delinquent under this section remain delinquent until such time as all taxes, interest, and penalties for the tax year in which the taxes were first due and payable have been paid in full.
      (7) Subsection (5) of this section notwithstanding, no interest or penalties may be assessed during any period of armed conflict on delinquent taxes imposed on the personal residences owned by active duty military personnel who are participating as part of one of the branches of the military involved in the conflict and assigned to a duty station outside the territorial boundaries of the United States.

      (((7))) (8) During a state of emergency declared under RCW 43.06.010(12), the county treasurer, on his or her own motion or at the request of any taxpayer affected by the emergency, may grant extensions of the due date of any taxes payable under this section as the treasurer deems proper.

      (((8))) (9) For purposes of this chapter, "interest" means both interest and penalties.

      (((9))) (10) All collections of interest on delinquent taxes must be credited to the county current expense fund; but the cost of foreclosure and sale of real property, and the fees and costs of distraint and sale of personal property, for delinquent taxes, must, when collected, be credited to the operation and maintenance fund of the county treasurer prosecuting the foreclosure or distraint or sale; and must be used by the county treasurer as a revolving fund to defray the cost of further foreclosure, distraint and sale for delinquent taxes without regard to budget limitations.

      (((10))) (11)(a) For purposes of this chapter, and in accordance with this section and RCW 36.29.190, the treasurer may collect taxes, assessments, fees, rates, interest, and charges by electronic bill presentment and payment.  Electronic bill presentment and payment may be utilized as an option by the taxpayer, but the treasurer may not require the use of electronic bill presentment and payment.  Electronic bill presentment and payment may be on a monthly or other periodic basis as the treasurer deems proper for ((prepayments)) delinquent tax year payments only or for prepayments of current tax.  All prepayments must be paid in full by the due date specified in (c) of this subsection.  Payments on past due taxes must include collection of the oldest delinquent year, which includes interest and taxes within a twelve-month period, prior to filing a certificate of delinquency under chapter 84.64 RCW or distraint pursuant to RCW 84.56.070.

      (b) The treasurer must provide, by electronic means or otherwise, a payment agreement that ((may include prepayment collection charges.  The payment agreement must be signed by the taxpayer and treasurer prior to the sending of an electronic bill)) provides for payment of current year taxes, inclusive of prepayment collection charges.  The treasurer may provide, by electronic means or otherwise, a payment agreement for payment of past due delinquencies, which must also require current year taxes to be paid timely.  The payment agreement must be signed by the taxpayer and treasurer prior to the sending of an electronic or alternative bill, which includes a payment plan for current year taxes.

      (c) All taxes upon real and personal property made payable by the provisions of this title are due and payable to the treasurer on or before the thirtieth day of April and are delinquent after that date.  The remainder of the tax is due and payable on or before the thirty- first day of October following and is delinquent after that date.  All other assessments, fees, rates, and charges are delinquent after the due date.

      (d) A county treasurer may authorize payment of past due property taxes, penalties, and interest under this chapter by electronic funds transfer payments on a monthly basis.  Monthly payments must first be applied to penalties and interest.  Delinquent taxes are subject to interest and penalties, as provided in subsection (5) of this section.
      (e) The treasurer must pay any collection costs, investment earnings, or both on past due payments or prepayments to the credit of a county treasurer service fund account to be created and used only for the payment of expenses incurred by the treasurer, without limitation, in administering the system for collecting prepayments.

      (((11))) (12) For purposes of this section unless the context clearly requires otherwise, the following definitions apply:

      (a) "Electronic bill presentment and payment" means statements, invoices, or bills that are created, delivered, and paid using the internet.  The term includes an automatic electronic payment from a person's checking account, debit account, or credit card.

      (b) "Internet" has the same meaning as provided in RCW 19.270.010.

Sec. 4.  RCW 84.56.070 and 2009 c 350 s 2 are each amended to read as follows:

(1) The county treasurer ((shall)) must proceed to collect all personal property taxes after first completing the tax roll for the current year's collection.

(2) The treasurer ((shall)) must give notice by mail to all persons charged with personal property taxes, and if such taxes are not paid before they become delinquent, the treasurer ((shall forthwith proceed to collect the same)) must commence delinquent collection efforts.  A delinquent collection charge for costs incurred by the treasurer must be added to the account.

(3) In the event that ((he or she)) the treasurer is unable to collect the ((same)) taxes when due under this section, the treasurer ((shall)) must prepare papers in distraint, which ((shall)) must contain a description of the personal property, the amount of taxes, the amount of the accrued interest at the rate provided by law from the date of delinquency, and the name of the owner or reputed owner.

(a) The treasurer ((shall)) must without demand or notice distrain sufficient goods and chattels belonging to the person charged with such taxes to pay the same, with interest at the rate provided by law from the date of delinquency, together with all accruing costs, and ((shall)) must proceed to advertise the same by posting written notices in three public places in the county in which such property has been distrained, one of which places ((shall)) must be at the county courthouse, such notice to state the time when and place where such property will be sold.

(b) The county treasurer, or the treasurer's deputy, ((shall)) must tax the same fees for making the distraint and sale of goods and chattels for the payment of taxes as are allowed by law to sheriffs for making levy and sale of property on execution; traveling fees to be computed from the county seat of the county to the place of making distraint.

(c) If the taxes for which such property is distrained, and the interest and costs accruing thereon, are not paid before the date appointed for such sale, which ((shall be)) may not be less than ten days after the taking of such property, such treasurer or treasurer's designee ((shall)) must proceed to sell such property at public auction, or so much thereof as ((shall be)) is sufficient to pay such taxes, with interest and costs, and if there be any excess of money arising from the sale of any personal property, the treasurer ((shall)) must pay such excess less any cost of the auction to the owner of the property so sold or to his or her legal representative((:  PROVIDED, That whenever it shall become)).
      (d) If necessary to distrain any standing timber owned separately from the ownership of the land upon which the same may stand, or any fish trap, pound net, reef net, set net, or drag seine fishing location, or any other personal property as the treasurer ((shall)) determines to be incapable or reasonably impracticable of manual delivery, it ((shall be)) is deemed to have been distrained and taken into possession when the treasurer ((shall have)) has, at least thirty days before the date fixed for the sale thereof, filed with the auditor of the county wherein such property is located a notice in writing reciting that the treasurer has distrained such property, describing it, giving the name of the owner or reputed owner, the amount of the tax due, with interest, and the time and place of sale((;)).  A copy of the notice ((shall)) must also be sent to the owner or reputed owner at his or her last known address, by registered letter at least thirty days prior to the date of sale((:  AND PROVIDED FURTHER, That)).
      (e) If the county treasurer has reasonable grounds to believe that any personal property, including mobile homes, manufactured homes, or park model trailers, upon which taxes have been levied, but not paid, is about to be removed from the county where the same has been assessed, or is about to be destroyed, sold, or disposed of, the county treasurer may demand such taxes, without the notice provided for in this section, and if necessary may ((forthwith)) distrain sufficient goods and chattels to pay the same."

      Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Brown moved that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 5705 and ask the House to recede therefrom.

      Senator Brown spoke in favor of the motion.

      The President declared the question before the Senate to be the motion by Senator Brown that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 5705 and ask the House to recede therefrom.

The motion by Senator Brown carried and the Senate refused to concur in the House amendment(s) to Substitute Senate Bill No. 5705 and asked the House to recede therefrom by voice vote.

 

MOTION

 

At 11:02 a.m., on motion of Senator Fain, the Senate was declared to be at ease subject to the call of the President.

 

AFTERNOON SESSION

 

The Senate was called to order at 1:48 p.m. by President Owen.

 

MESSAGE FROM THE HOUSE

 

April 22, 2013

 

MR. PRESIDENT:

The House grants the request for a conference on ENGROSSED SENATE BILL NO. 5666. The Speaker has appointed the following members as Conferees:Representatives  Jinkins, Pedersen, Rodne

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

On motion of Senator Billig, Senators Eide and Shin were excused.

 

MESSAGE FROM THE HOUSE

 

April 15, 2013

 

MR. PRESIDENT:

The House passed SENATE BILL NO. 5510 with the following amendment(s): 5510 AMH JUDI H2292.1

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

"Sec. 1.  RCW 74.34.020 and 2012 c 10 s 62 are each amended to read as follows:

      The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

      (1) "Abandonment" means action or inaction by a person or entity with a duty of care for a vulnerable adult that leaves the vulnerable person without the means or ability to obtain necessary food, clothing, shelter, or health care.

      (2) "Abuse" means the willful action or inaction that inflicts injury, unreasonable confinement, intimidation, or punishment on a vulnerable adult.  In instances of abuse of a vulnerable adult who is unable to express or demonstrate physical harm, pain, or mental anguish, the abuse is presumed to cause physical harm, pain, or mental anguish.  Abuse includes sexual abuse, mental abuse, physical abuse, and exploitation of a vulnerable adult, which have the following meanings:

      (a) "Sexual abuse" means any form of nonconsensual sexual contact, including but not limited to unwanted or inappropriate touching, rape, sodomy, sexual coercion, sexually explicit photographing, and sexual harassment.  Sexual abuse includes any sexual contact between a staff person, who is not also a resident or client, of a facility or a staff person of a program authorized under chapter 71A.12 RCW, and a vulnerable adult living in that facility or receiving service from a program authorized under chapter 71A.12 RCW, whether or not it is consensual.

      (b) "Physical abuse" means the willful action of inflicting bodily injury or physical mistreatment.  Physical abuse includes, but is not limited to, striking with or without an object, slapping, pinching, choking, kicking, shoving, prodding, or the use of chemical restraints or physical restraints unless the restraints are consistent with licensing requirements, and includes restraints that are otherwise being used inappropriately.

      (c) "Mental abuse" means any willful action or inaction of mental or verbal abuse.  Mental abuse includes, but is not limited to, coercion, harassment, inappropriately isolating a vulnerable adult from family, friends, or regular activity, and verbal assault that includes ridiculing, intimidating, yelling, or swearing.

      (d) "Exploitation" means an act of forcing, compelling, or exerting undue influence over a vulnerable adult causing the vulnerable adult to act in a way that is inconsistent with relevant past behavior, or causing the vulnerable adult to perform services for the benefit of another.

      (3) "Consent" means express written consent granted after the vulnerable adult or his or her legal representative has been fully informed of the nature of the services to be offered and that the receipt of services is voluntary.

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

      (5) "Facility" means a residence licensed or required to be licensed under chapter 18.20 RCW, assisted living facilities; chapter 18.51 RCW, nursing homes; chapter 70.128 RCW, adult family homes; chapter 72.36 RCW, soldiers' homes; or chapter 71A.20 RCW, residential habilitation centers; or any other facility licensed or certified by the department.

      (6) "Financial exploitation" means the illegal or improper use, control over, or withholding of the property, income, resources, or trust funds of the vulnerable adult by any person or entity for any person's or entity's profit or advantage other than for the vulnerable adult's profit or advantage.  "Financial exploitation" includes, but is not limited to:

      (a) The use of deception, intimidation, or undue influence by a person or entity in a position of trust and confidence with a vulnerable adult to obtain or use the property, income, resources, or trust funds of the vulnerable adult for the benefit of a person or entity other than the vulnerable adult;

      (b) The breach of a fiduciary duty, including, but not limited to, the misuse of a power of attorney, trust, or a guardianship appointment, that results in the unauthorized appropriation, sale, or transfer of the property, income, resources, or trust funds of the vulnerable adult for the benefit of a person or entity other than the vulnerable adult; or

      (c) Obtaining or using a vulnerable adult's property, income, resources, or trust funds without lawful authority, by a person or entity who knows or clearly should know that the vulnerable adult lacks the capacity to consent to the release or use of his or her property, income, resources, or trust funds.

      (7) "Financial institution" has the same meaning as in RCW 30.22.040 and 30.22.041.  For purposes of this chapter only, "financial institution" also means a "broker-dealer" or "investment adviser" as defined in RCW 21.20.005.

      (8) "Incapacitated person" means a person who is at a significant risk of personal or financial harm under RCW 11.88.010(1) (a), (b), (c), or (d).

      (9) "Individual provider" means a person under contract with the department to provide services in the home under chapter 74.09 or 74.39A RCW.

      (10) "Interested person" means a person who demonstrates to the court's satisfaction that the person is interested in the welfare of the vulnerable adult, that the person has a good faith belief that the court's intervention is necessary, and that the vulnerable adult is unable, due to incapacity, undue influence, or duress at the time the petition is filed, to protect his or her own interests.

      (11) "Mandated reporter" is an employee of the department; law enforcement officer; social worker; professional school personnel; individual provider; an employee of a facility; an operator of a facility; an employee of a social service, welfare, mental health, adult day health, adult day care, home health, home care, or hospice agency; county coroner or medical examiner; Christian Science practitioner; or health care provider subject to chapter 18.130 RCW.

      (12) "Neglect" means (a) a pattern of conduct or inaction by a person or entity with a duty of care that fails to provide the goods and services that maintain physical or mental health of a vulnerable adult, or that fails to avoid or prevent physical or mental harm or pain to a vulnerable adult; or (b) an act or omission by a person or entity with a duty of care that demonstrates a serious disregard of consequences of such a magnitude as to constitute a clear and present danger to the vulnerable adult's health, welfare, or safety, including but not limited to conduct prohibited under RCW 9A.42.100.

      (13) "Permissive reporter" means any person, including, but not limited to, an employee of a financial institution, attorney, or volunteer in a facility or program providing services for vulnerable adults.

      (14) "Protective services" means any services provided by the department to a vulnerable adult with the consent of the vulnerable adult, or the legal representative of the vulnerable adult, who has been abandoned, abused, financially exploited, neglected, or in a state of self-neglect.  These services may include, but are not limited to case management, social casework, home care, placement, arranging for medical evaluations, psychological evaluations, day care, or referral for legal assistance.

      (15) "Self-neglect" means the failure of a vulnerable adult, not living in a facility, to provide for himself or herself the goods and services necessary for the vulnerable adult's physical or mental health, and the absence of which impairs or threatens the vulnerable adult's well-being.  This definition may include a vulnerable adult who is receiving services through home health, hospice, or a home care agency, or an individual provider when the neglect is not a result of inaction by that agency or individual provider.

      (16) "Social worker" means:

      (a) A social worker as defined in RCW 18.320.010(2); or

      (b) Anyone engaged in a professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support, or education of vulnerable adults, or providing social services to vulnerable adults, whether in an individual capacity or as an employee or agent of any public or private organization or institution.

      (17) "Vulnerable adult" includes a person:

      (a) Sixty years of age or older who has the functional, mental, or physical inability to care for himself or herself; or

      (b) Found incapacitated under chapter 11.88 RCW; or

      (c) Who has a developmental disability as defined under RCW 71A.10.020; or

      (d) Admitted to any facility; or

      (e) Receiving services from home health, hospice, or home care agencies licensed or required to be licensed under chapter 70.127 RCW; or

      (f) Receiving services from an individual provider; or

      (g) Who self-directs his or her own care and receives services from a personal aide under chapter 74.39 RCW.

Sec. 2.  RCW 74.34.035 and 2010 c 133 s 4 are each amended to read as follows:

      (1) When there is reasonable cause to believe that abandonment, abuse, financial exploitation, or neglect of a vulnerable adult has occurred, mandated reporters shall immediately report to the department.

      (2) When there is reason to suspect that sexual assault has occurred, mandated reporters shall immediately report to the appropriate law enforcement agency and to the department.

      (3) When there is reason to suspect that physical assault has occurred or there is reasonable cause to believe that an act has caused fear of imminent harm:

      (a) Mandated reporters shall immediately report to the department; and

      (b) Mandated reporters shall immediately report to the appropriate law enforcement agency, except as provided in subsection (4) of this section.

      (4) A mandated reporter is not required to report to a law enforcement agency, unless requested by the injured vulnerable adult or his or her legal representative or family member, an incident of physical assault between vulnerable adults that causes minor bodily injury and does not require more than basic first aid, unless:

      (a) The injury appears on the back, face, head, neck, chest, breasts, groin, inner thigh, buttock, genital, or anal area;

      (b) There is a fracture;

      (c) There is a pattern of physical assault between the same vulnerable adults or involving the same vulnerable adults; or

      (d) There is an attempt to choke a vulnerable adult.

      (5) When there is reason to suspect that the death of a vulnerable adult was caused by abuse, neglect, or abandonment by another person, mandated reporters shall, pursuant to RCW 68.50.020, report the death to the medical examiner or coroner having jurisdiction, as well as the department and local law enforcement, in the most expeditious manner possible.  A mandated reporter is not relieved from the reporting requirement provisions of this subsection by the existence of a previously signed death certificate.  If abuse, neglect, or abandonment caused or contributed to the death of a vulnerable adult, the death is a death caused by unnatural or unlawful means, and the body shall be the jurisdiction of the coroner or medical examiner pursuant to RCW 68.50.010.

      (6) Permissive reporters may report to the department or a law enforcement agency when there is reasonable cause to believe that a vulnerable adult is being or has been abandoned, abused, financially exploited, or neglected.

      (7) No facility, as defined by this chapter, agency licensed or required to be licensed under chapter 70.127 RCW, or facility or agency under contract with the department to provide care for vulnerable adults may develop policies or procedures that interfere with the reporting requirements of this chapter.

      (8) Each report, oral or written, must contain as much as possible of the following information:

      (a) The name and address of the person making the report;

      (b) The name and address of the vulnerable adult and the name of the facility or agency providing care for the vulnerable adult;

      (c) The name and address of the legal guardian or alternate decision maker;

      (d) The nature and extent of the abandonment, abuse, financial exploitation, neglect, or self-neglect;

      (e) Any history of previous abandonment, abuse, financial exploitation, neglect, or self-neglect;

      (f) The identity of the alleged perpetrator, if known; and

      (g) Other information that may be helpful in establishing the extent of abandonment, abuse, financial exploitation, neglect, or the cause of death of the deceased vulnerable adult.

      (9) Unless there is a judicial proceeding or the person consents, the identity of the person making the report under this section is confidential.

(10) In conducting an investigation of abandonment, abuse, financial exploitation, self-neglect, or neglect, the department or law enforcement, upon request, must have access to all relevant records related to the vulnerable adult that are in the possession of mandated reporters and their employees, unless otherwise prohibited by law.  Records maintained under RCW 4.24.250, 18.20.390, 43.70.510, 70.41.200, 70.230.080, and 74.42.640 shall not be subject to the requirements of this subsection.  Providing access to records relevant to an investigation by the department or law enforcement under this provision may not be deemed a violation of any confidential communication privilege.

Sec. 3.  RCW 74.34.067 and 2011 c 170 s 2 are each amended to read as follows:

      (1) Where appropriate, an investigation by the department may include a private interview with the vulnerable adult regarding the alleged abandonment, abuse, financial exploitation, neglect, or self- neglect.

      (2) In conducting the investigation, the department shall interview the complainant, unless anonymous, and shall use its best efforts to interview the vulnerable adult or adults harmed, and, consistent with the protection of the vulnerable adult shall interview facility staff, any available independent sources of relevant information, including if appropriate the family members of the vulnerable adult.

      (3) The department may conduct ongoing case planning and consultation with:  (a) Those persons or agencies required to report under this chapter or submit a report under this chapter; (b) consultants designated by the department; and (c) designated representatives of Washington Indian tribes if client information exchanged is pertinent to cases under investigation or the provision of protective services.  Information considered privileged by statute and not directly related to reports required by this chapter must not be divulged without a valid written waiver of the privilege.

      (4) The department shall prepare and keep on file a report of each investigation conducted by the department for a period of time in accordance with policies established by the department.

      (5) If the department has reason to believe that the vulnerable adult has suffered from abandonment, abuse, financial exploitation, neglect, or self-neglect, and lacks the ability or capacity to consent, and needs the protection of a guardian, the department may bring a guardianship action under chapter 11.88 RCW.

      (6) For purposes consistent with this chapter, the department, the certified professional guardian board, and the office of public guardianship may share information contained in reports and investigations of the abuse, abandonment, neglect, self-neglect, and financial exploitation of vulnerable adults.  This information may be used solely for (a) recruiting or appointing appropriate guardians and (b) monitoring, or when appropriate, disciplining certified professional or public guardians.  Reports of abuse, abandonment, neglect, self-neglect, and financial exploitation are confidential under RCW 74.34.095 and other laws, and secondary disclosure of information shared under this section is prohibited.
      (7) When the investigation is completed and the department determines that an incident of abandonment, abuse, financial exploitation, neglect, or self-neglect has occurred, the department shall inform the vulnerable adult of their right to refuse protective services, and ensure that, if necessary, appropriate protective services are provided to the vulnerable adult, with the consent of the vulnerable adult.  The vulnerable adult has the right to withdraw or refuse protective services.

      (((7))) (8) The department's adult protective services division may enter into agreements with federally recognized tribes to investigate reports of abandonment, abuse, financial exploitation, neglect, or self-neglect of vulnerable adults on property over which a federally recognized tribe has exclusive jurisdiction.  If the department has information that abandonment, abuse, financial exploitation, or neglect is criminal or is placing a vulnerable adult on tribal property at potential risk of personal or financial harm, the department may notify tribal law enforcement or another tribal representative specified by the tribe.  Upon receipt of the notification, the tribe may assume jurisdiction of the matter.  Neither the department nor its employees may participate in the investigation after the tribe assumes jurisdiction.  The department, its officers, and its employees are not liable for any action or inaction of the tribe or for any harm to the alleged victim, the person against whom the allegations were made, or other parties that occurs after the tribe assumes jurisdiction.  Nothing in this section limits the department's jurisdiction and authority over facilities or entities that the department licenses or certifies under federal or state law.

      (((8))) (9) The department may photograph a vulnerable adult or their environment for the purpose of providing documentary evidence of the physical condition of the vulnerable adult or his or her environment.  When photographing the vulnerable adult, the department shall obtain permission from the vulnerable adult or his or her legal representative unless immediate photographing is necessary to preserve evidence.  However, if the legal representative is alleged to have abused, neglected, abandoned, or exploited the vulnerable adult, consent from the legal representative is not necessary.  No such consent is necessary when photographing the physical environment.

      (((9))) (10) When the investigation is complete and the department determines that the incident of abandonment, abuse, financial exploitation, or neglect has occurred, the department shall inform the facility in which the incident occurred, consistent with confidentiality requirements concerning the vulnerable adult, witnesses, and complainants."

      Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Becker moved that the Senate refuse to concur in the House amendment(s) to Senate Bill No. 5510 and ask the House to recede therefrom.

      The President declared the question before the Senate to be the motion by Senator Becker that the Senate refuse to concur in the House amendment(s) to Senate Bill No. 5510 and ask the House to recede therefrom.

The motion by Senator Becker carried and the Senate refused to concur in the House amendment(s) to Senate Bill No. 5510 and asked the House to recede therefrom by voice vote.

 

MESSAGE FROM THE HOUSE

 

April 11, 2013

 

MR. PRESIDENT:

The House passed ENGROSSED SENATE BILL NO. 5053 with the following amendment(s): 5053.E AMH PS H2079.2

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

"Sec. 1.  RCW 9A.52.100 and 2011 c 336 s 376 are each amended to read as follows:

      (1) A person is guilty of vehicle prowling in the second degree if, with intent to commit a crime against a person or property therein, he or she enters or remains unlawfully in a vehicle other than a motor home, as defined in RCW 46.04.305, or a vessel equipped for propulsion by mechanical means or by sail which has a cabin equipped with permanently installed sleeping quarters or cooking facilities.

      (2) Except as provided in subsection (3) of this section, vehicle prowling in the second degree is a gross misdemeanor.

(3) Vehicle prowling in the second degree is a class C felony upon a third or subsequent conviction of vehicle prowling in the second degree.  A third or subsequent conviction means that a person has been previously convicted at least two separate occasions of the crime of vehicle prowling in the second degree.
      (4) Multiple counts of vehicle prowling (a) charged in the same charging document do not count as separate offenses for the purposes of charging as a felony based on previous convictions for vehicle prowling in the second degree and (b) based on the same date of occurrence do not count as separate offenses for the purposes of charging as a felony based on previous convictions for vehicle prowling in the second degree.

Sec. 2.  RCW 9.94A.515 and 2012 c 176 s 3 and 2012 c 162 s 1 are each reenacted and amended to read as follows:

 

Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Padden moved that the Senate concur in the House amendment(s) to Engrossed Senate Bill No. 5053.

      Senator Padden spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Padden that the Senate concur in the House amendment(s) to Engrossed Senate Bill No. 5053.

The motion by Senator Padden carried and the Senate concurred in the House amendment(s) to Engrossed Senate Bill No. 5053 by voice vote.

 

The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 5053, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5053, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

      Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Smith and Tom

      Absent: Senator Keiser

      Excused: Senators Carrell and Shin

ENGROSSED SENATE BILL NO. 5053, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SIGNED BY THE PRESIDENT

 

Pursuant to Article 2, Section 32 of the State Constitution and Senate Rule 1(5), the President announced the signing of and thereupon did sign in open session:

ENGROSSED SENATE BILL NO. 5105,

SUBSTITUTE SENATE BILL NO. 5148,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5215,

SUBSTITUTE SENATE BILL NO. 5459,

SENATE BILL NO. 5465,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5480,

SUBSTITUTE SENATE BILL NO. 5556,

SUBSTITUTE SENATE BILL NO. 5630,

SENATE BILL NO. 5692,

SENATE BILL NO. 5748,

SENATE JOINT MEMORIAL NO. 8005,

ENGROSSED SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8401.

 

MESSAGE FROM THE HOUSE

 

April 16, 2013

 

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 5287 with the following amendment(s): 5287-S AMH APP H2182.1

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

"Sec. 1.  RCW 41.06.280 and 2011 1st sp.s. c 43 s 419 are each amended to read as follows:

      There is hereby created a fund within the state treasury, designated as the "personnel service fund," to be used by the office of financial management ((and the department of enterprise services)) as a revolving fund for the payment of salaries, wages, and operations required for the administration of the provisions of this chapter, applicable provisions of chapter 41.04 RCW, and chapter 41.60 RCW.  An amount not to exceed one and one-half percent of the salaries and wages for all positions in the classified service in each of the agencies subject to this chapter, except the institutions of higher education, shall be charged to the operations appropriations of each agency and credited to the personnel service fund as the allotments are approved pursuant to chapter 43.88 RCW.  Subject to the above limitations, the amount shall be charged against the allotments pro rata, at a rate to be fixed by the director from time to time which, together with income derived from services rendered under RCW 41.06.080, will provide the office of financial management ((and the department of enterprise services)) with funds to meet its anticipated expenditures during the allotment period, including the training requirements in RCW 41.06.50041.06.530‌.  All revenues, net of expenditures, previously derived from services provided by the department of enterprise services under RCW 41.06.080 must be transferred to the enterprise services account.

      The director shall fix the terms and charges for services rendered by ((the department of enterprise services and)) the office of financial management pursuant to RCW 41.06.080, which amounts shall be credited to the personnel service fund and charged against the proper fund or appropriation of the recipient of such services on a monthly basis.  Payment for services so rendered under RCW 41.06.080 shall be made on a monthly basis to the state treasurer and deposited in the personnel service fund.

      Moneys from the personnel service fund shall be disbursed by the state treasurer by warrants on vouchers duly authorized by the office of financial management ((and the department of enterprise services)).

Sec. 2.  RCW 43.19.025 and 2011 1st sp.s. c 43 s 202 are each amended to read as follows:

      The enterprise services account is created in the custody of the state treasurer and shall be used for all activities ((previously budgeted and accounted for in the following internal service funds:  The motor transport account, the enterprise services management fund, the enterprise services facilities and services revolving fund, the central stores revolving fund, the surplus property purchase revolving fund, and the energy efficiency services account)) conducted by the department, except information technology services.  Only the director or the director's designee may authorize expenditures from the account.  The account is subject to the allotment procedures under chapter 43.88 RCW.

Sec. 3.  RCW 43.84.092 and 2012 c 198 s 2, 2012 c 196 s 7, 2012 c 187 s 14, and 2012 c 83 s 4 are each reenacted and amended to read as follows:

      (1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.

      (2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990.  The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act.  Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation.  The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act.  The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection.  Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.

      (3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies.  The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions.  Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

      (4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account.  The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:

      (a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period:  The aeronautics account, the aircraft search and rescue account, the Alaskan Way viaduct replacement project account, the budget stabilization account, the capital vessel replacement account, the capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the cleanup settlement account, the Columbia river basin water supply development account, the Columbia river basin taxable bond water supply development account, the Columbia river basin water supply revenue recovery account, the common school construction fund, the county arterial preservation account, the county criminal justice assistance account, the deferred compensation administrative account, the deferred compensation principal account, the department of licensing services account, the department of retirement systems expense account, the developmental disabilities community trust account, the drinking water assistance account, the drinking water assistance administrative account, the drinking water assistance repayment account, the Eastern Washington University capital projects account, the Interstate 405 express toll lanes operations account, the education construction fund, the education legacy trust account, the election account, the energy freedom account, the energy recovery act account, the essential rail assistance account, The Evergreen State College capital projects account, the federal forest revolving account, the ferry bond retirement fund, ((the freight congestion relief account,)) the freight mobility investment account, the freight mobility multimodal account, the grade crossing protective fund, the public health services account, the high capacity transportation account, the state higher education construction account, the higher education construction account, the highway bond retirement fund, the highway infrastructure account, the highway safety ((account [fund])) fund, the high occupancy toll lanes operations account, the hospital safety net assessment fund, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the marine resources stewardship trust account, the medical aid account, the mobile home park relocation fund, the motor vehicle fund, the motorcycle safety education account, the multimodal transportation account, the municipal criminal justice assistance account, the natural resources deposit account, the oyster reserve land account, the pension funding stabilization account, the perpetual surveillance and maintenance account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public facilities construction loan revolving account beginning July 1, 2004, the public health supplemental account, ((the public transportation systems account,)) the public works assistance account, the Puget Sound capital construction account, the Puget Sound ferry operations account, ((the Puyallup tribal settlement account,)) the real estate appraiser commission account, the recreational vehicle account, the regional mobility grant program account, the resource management cost account, the rural arterial trust account, the rural mobility grant program account, the rural Washington loan fund, the site closure account, the skilled nursing facility safety net trust fund, the small city pavement and sidewalk account, the special category C account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the state patrol highway account, the state route number 520 civil penalties account, the state route number 520 corridor account, the state wildlife account, the supplemental pension account, the Tacoma Narrows toll bridge account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the toll facility bond retirement account, the transportation 2003 account (nickel account), the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation improvement board bond retirement account, the transportation infrastructure account, the transportation partnership account, the traumatic brain injury account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer firefighters' and reserve officers' relief and pension principal fund, the volunteer firefighters' and reserve officers' administrative fund, the Washington judicial retirement system account, the Washington law enforcement officers' and firefighters' system plan 1 retirement account, the Washington law enforcement officers' and firefighters' system plan 2 retirement account, the Washington public safety employees' plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state economic development commission account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account.  Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, the state university permanent fund, and the state reclamation revolving account shall be allocated to their respective beneficiary accounts.

      (b) Any state agency that has independent authority over accounts or funds not statutorily required to be held in the state treasury that deposits funds into a fund or account in the state treasury pursuant to an agreement with the office of the state treasurer shall receive its proportionate share of earnings based upon each account's or fund's average daily balance for the period.

      (5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

Sec. 4.  RCW 43.84.092 and 2012 c 198 s 2, 2012 c 196 s 7, 2012 c 187 s 14, 2012 c 83 s 4, and 2012 c 36 s 5 are each reenacted and amended to read as follows:

      (1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.

      (2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990.  The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act.  Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation.  The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act.  The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection.  Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.

      (3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies.  The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions.  Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

      (4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account.  The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:

      (a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period:  The aeronautics account, the aircraft search and rescue account, the Alaskan Way viaduct replacement project account, the budget stabilization account, the capital vessel replacement account, the capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the cleanup settlement account, the Columbia river basin water supply development account, the Columbia river basin taxable bond water supply development account, the Columbia river basin water supply revenue recovery account, the Columbia river crossing project account, the common school construction fund, the county arterial preservation account, the county criminal justice assistance account, the deferred compensation administrative account, the deferred compensation principal account, the department of licensing services account, the department of retirement systems expense account, the developmental disabilities community trust account, the drinking water assistance account, the drinking water assistance administrative account, the drinking water assistance repayment account, the Eastern Washington University capital projects account, the Interstate 405 express toll lanes operations account, the education construction fund, the education legacy trust account, the election account, the energy freedom account, the energy recovery act account, the essential rail assistance account, The Evergreen State College capital projects account, the federal forest revolving account, the ferry bond retirement fund, ((the freight congestion relief account,)) the freight mobility investment account, the freight mobility multimodal account, the grade crossing protective fund, the public health services account, the high capacity transportation account, the state higher education construction account, the higher education construction account, the highway bond retirement fund, the highway infrastructure account, the highway safety ((account [fund])) fund, the high occupancy toll lanes operations account, the hospital safety net assessment fund, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the marine resources stewardship trust account, the medical aid account, the mobile home park relocation fund, the motor vehicle fund, the motorcycle safety education account, the multimodal transportation account, the municipal criminal justice assistance account, the natural resources deposit account, the oyster reserve land account, the pension funding stabilization account, the perpetual surveillance and maintenance account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public facilities construction loan revolving account beginning July 1, 2004, the public health supplemental account, ((the public transportation systems account,)) the public works assistance account, the Puget Sound capital construction account, the Puget Sound ferry operations account, ((the Puyallup tribal settlement account,)) the real estate appraiser commission account, the recreational vehicle account, the regional mobility grant program account, the resource management cost account, the rural arterial trust account, the rural mobility grant program account, the rural Washington loan fund, the site closure account, the skilled nursing facility safety net trust fund, the small city pavement and sidewalk account, the special category C account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the state patrol highway account, the state route number 520 civil penalties account, the state route number 520 corridor account, the state wildlife account, the supplemental pension account, the Tacoma Narrows toll bridge account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the toll facility bond retirement account, the transportation 2003 account (nickel account), the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation improvement board bond retirement account, the transportation infrastructure account, the transportation partnership account, the traumatic brain injury account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer firefighters' and reserve officers' relief and pension principal fund, the volunteer firefighters' and reserve officers' administrative fund, the Washington judicial retirement system account, the Washington law enforcement officers' and firefighters' system plan 1 retirement account, the Washington law enforcement officers' and firefighters' system plan 2 retirement account, the Washington public safety employees' plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state economic development commission account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account.  Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, the state university permanent fund, and the state reclamation revolving account shall be allocated to their respective beneficiary accounts.

      (b) Any state agency that has independent authority over accounts or funds not statutorily required to be held in the state treasury that deposits funds into a fund or account in the state treasury pursuant to an agreement with the office of the state treasurer shall receive its proportionate share of earnings based upon each account's or fund's average daily balance for the period.

      (5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

Sec. 5.  RCW 43.79A.040 and 2012 c 198 s 8, 2012 c 196 s 6, 2012 c 187 s 13, and 2012 c 114 s 3 are each reenacted and amended to read as follows:

      (1) Money in the treasurer's trust fund may be deposited, invested, and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury, and may be commingled with moneys in the state treasury for cash management and cash balance purposes.

      (2) All income received from investment of the treasurer's trust fund must be set aside in an account in the treasury trust fund to be known as the investment income account.

      (3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies.  The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions.  Payments must occur prior to distribution of earnings set forth in subsection (4) of this section.

      (4)(a) Monthly, the state treasurer must distribute the earnings credited to the investment income account to the state general fund except under (b), (c), and (d) of this subsection.

      (b) The following accounts and funds must receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period:  The Washington promise scholarship account, the Washington advanced college tuition payment program account, the accessible communities account, the community and technical college innovation account, the agricultural local fund, the American Indian scholarship endowment fund, the foster care scholarship endowment fund, the foster care endowed scholarship trust fund, ((the basic health plan self-insurance reserve account,)) the contract harvesting revolving account, the Washington state combined fund drive account, the commemorative works account, the county enhanced 911 excise tax account, the toll collection account, the developmental disabilities endowment trust fund, the energy account, the fair fund, the family leave insurance account, the food animal veterinarian conditional scholarship account, the fruit and vegetable inspection account, the future teachers conditional scholarship account, the game farm alternative account, the GET ready for math and science scholarship account, the Washington global health technologies and product development account, the grain inspection revolving fund, the industrial insurance rainy day fund, the juvenile accountability incentive account, the law enforcement officers' and firefighters' plan 2 expense fund, the local tourism promotion account, the multiagency permitting team account, the pilotage account, the produce railcar pool account, the regional transportation investment district account, the rural rehabilitation account, the stadium and exhibition center account, the youth athletic facility account, the self-insurance revolving fund, the children's trust fund, the Washington horse racing commission Washington bred owners' bonus fund and breeder awards account, the Washington horse racing commission class C purse fund account, the individual development account program account, the Washington horse racing commission operating account (earnings from the Washington horse racing commission operating account must be credited to the Washington horse racing commission class C purse fund account), the life sciences discovery fund, the Washington state heritage center account, ((and)) the reduced cigarette ignition propensity account, the center for childhood deafness and hearing loss account, ((and)) the school for the blind account, the Millersylvania park trust fund, the public employees' and retirees' insurance reserve fund, and the radiation perpetual maintenance fund.

      (c) The following accounts and funds must receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period:  The advanced right-of-way revolving fund, the advanced environmental mitigation revolving account, the federal narcotics asset forfeitures account, the high occupancy vehicle account, the local rail service assistance account, and the miscellaneous transportation programs account.

      (d) Any state agency that has independent authority over accounts or funds not statutorily required to be held in the custody of the state treasurer that deposits funds into a fund or account in the custody of the state treasurer pursuant to an agreement with the office of the state treasurer shall receive its proportionate share of earnings based upon each account's or fund's average daily balance for the period.

      (5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

Sec. 6.  RCW 64.44.060 and 2006 c 339 s 206 are each amended to read as follows:

      (1) A contractor, supervisor, or worker may not perform decontamination, demolition, or disposal work unless issued a certificate by the state department of health.  The department shall establish performance standards for contractors, supervisors, and workers by rule in accordance with chapter 34.05 RCW, the administrative procedure act.  The department shall train and test, or may approve courses to train and test, contractors, supervisors, and workers on the essential elements in assessing property used as an illegal controlled substances manufacturing or storage site to determine hazard reduction measures needed, techniques for adequately reducing contaminants, use of personal protective equipment, methods for proper decontamination, demolition, removal, and disposal of contaminated property, and relevant federal and state regulations.  Upon successful completion of the training, and after a background check, the contractor, supervisor, or worker shall be certified.

      (2) The department may require the successful completion of annual refresher courses provided or approved by the department for the continued certification of the contractor or employee.

      (3) The department shall provide for reciprocal certification of any individual trained to engage in decontamination, demolition, or disposal work in another state when the prior training is shown to be substantially similar to the training required by the department.  The department may require such individuals to take an examination or refresher course before certification.

      (4) The department may deny, suspend, revoke, or place restrictions on a certificate for failure to comply with the requirements of this chapter or any rule adopted pursuant to this chapter.  A certificate may be denied, suspended, revoked, or have restrictions placed on it on any of the following grounds:

      (a) Failing to perform decontamination, demolition, or disposal work under the supervision of trained personnel;

      (b) Failing to perform decontamination, demolition, or disposal work using department of health certified decontamination personnel;

      (c) Failing to file a work plan;

      (d) Failing to perform work pursuant to the work plan;

      (e) Failing to perform work that meets the requirements of the department and the requirements of the local health officers;

      (f) Failing to properly dispose of contaminated property;

      (g) Committing fraud or misrepresentation in:  (i) Applying for or obtaining a certification, recertification, or reinstatement; (ii) seeking approval of a work plan; and (iii) documenting completion of work to the department or local health officer;

      (h) Failing the evaluation and inspection of decontamination projects pursuant to RCW 64.44.075; or

      (i) If the person has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation order.  If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a release issued by the department of social and health services stating that the person is in compliance with the order.

      (5) A contractor, supervisor, or worker who violates any provision of this chapter may be assessed a fine not to exceed five hundred dollars for each violation.

      (6) The department of health shall prescribe fees as provided for in RCW 43.70.250 for:  The issuance and renewal of certificates, conducting background checks of applicants, the administration of examinations, and the review of training courses.

      (((7) The decontamination account is hereby established in the state treasury.  All fees collected under this chapter shall be deposited in this account.  Moneys in the account may only be spent after appropriation for costs incurred by the department in the administration and enforcement of this chapter.))

Sec. 7.  RCW 70.47.100 and 2011 1st sp.s. c 9 s 4 and 2011 c 316 s 5 are each reenacted and amended to read as follows:

      (1) A managed health care system participating in the plan shall do so by contract with the ((administrator)) director and shall provide, directly or by contract with other health care providers, covered basic health care services to each enrollee covered by its contract with the ((administrator)) director as long as payments from the ((administrator)) director on behalf of the enrollee are current.  A participating managed health care system may offer, without additional cost, health care benefits or services not included in the schedule of covered services under the plan.  A participating managed health care system shall not give preference in enrollment to enrollees who accept such additional health care benefits or services.  Managed health care systems participating in the plan shall not discriminate against any potential or current enrollee based upon health status, sex, race, ethnicity, or religion.  The ((administrator)) director may receive and act upon complaints from enrollees regarding failure to provide covered services or efforts to obtain payment, other than authorized copayments, for covered services directly from enrollees, but nothing in this chapter empowers the ((administrator)) director to impose any sanctions under Title 18 RCW or any other professional or facility licensing statute.

      (2) A managed health care system shall pay a nonparticipating provider that provides a service covered under this chapter to the system's enrollee no more than the lowest amount paid for that service under the managed health care system's contracts with similar providers in the state.

      (3) Pursuant to federal managed care access standards, 42 C.F.R. Sec. 438, managed health care systems must maintain a network of appropriate providers that is supported by written agreements sufficient to provide adequate access to all services covered under the contract with the authority, including hospital-based physician services.  The authority will monitor and periodically report on the proportion of services provided by contracted providers and nonparticipating providers, by county, for each managed health care system to ensure that managed health care systems are meeting network adequacy requirements. No later than January 1st of each year, the authority will review and report its findings to the appropriate policy and fiscal committees of the legislature for the preceding state fiscal year.

      (4) The plan shall allow, at least annually, an opportunity for enrollees to transfer their enrollments among participating managed health care systems serving their respective areas.  The ((administrator)) director shall establish a period of at least twenty days in a given year when this opportunity is afforded enrollees, and in those areas served by more than one participating managed health care system the ((administrator)) director shall endeavor to establish a uniform period for such opportunity.  The plan shall allow enrollees to transfer their enrollment to another participating managed health care system at any time upon a showing of good cause for the transfer.

      (5) Prior to negotiating with any managed health care system, the ((administrator)) director shall determine, on an actuarially sound basis, the reasonable cost of providing the schedule of basic health care services, expressed in terms of upper and lower limits, and recognizing variations in the cost of providing the services through the various systems and in different areas of the state.

      (6) In negotiating with managed health care systems for participation in the plan, the ((administrator)) director shall adopt a uniform procedure that includes at least the following:

      (a) The ((administrator)) director shall issue a request for proposals, including standards regarding the quality of services to be provided; financial integrity of the responding systems; and responsiveness to the unmet health care needs of the local communities or populations that may be served;

      (b) The ((administrator)) director shall then review responsive proposals and may negotiate with respondents to the extent necessary to refine any proposals;

      (c) The ((administrator)) director may then select one or more systems to provide the covered services within a local area; and

      (d) The ((administrator)) director may adopt a policy that gives preference to respondents, such as nonprofit community health clinics, that have a history of providing quality health care services to low- income persons.

      (7)(a) The ((administrator)) director may contract with a managed health care system to provide covered basic health care services to subsidized enrollees, nonsubsidized enrollees, health coverage tax credit eligible enrollees, or any combination thereof.  At a minimum, such contracts issued on or after January 1, 2012, must include:

      (i) Provider reimbursement methods that incentivize chronic care management within health homes;

      (ii) Provider reimbursement methods that reward health homes that, by using chronic care management, reduce emergency department and inpatient use; and

      (iii) Promoting provider participation in the program of training and technical assistance regarding care of people with chronic conditions described in RCW 43.70.533, including allocation of funds to support provider participation in the training unless the managed care system is an integrated health delivery system that has programs in place for chronic care management.

      (b) Health home services contracted for under this subsection may be prioritized to enrollees with complex, high cost, or multiple chronic conditions.

      (c) For the purposes of this subsection, "chronic care management," "chronic condition," and "health home" have the same meaning as in RCW 74.09.010.

      (d) Contracts that include the items in (a)(i) through (iii) of this subsection must not exceed the rates that would be paid in the absence of these provisions.

      (8) The ((administrator)) director may establish procedures and policies to further negotiate and contract with managed health care systems following completion of the request for proposal process in subsection (6) of this section, upon a determination by the ((administrator)) director that it is necessary to provide access, as defined in the request for proposal documents, to covered basic health care services for enrollees.

      (9) ((The administrator may implement a self-funded or self-insured method of providing insurance coverage to subsidized enrollees, as provided under RCW 41.05.140.  Prior to implementing a self-funded or self-insured method, the administrator shall ensure that funding available in the basic health plan self-insurance reserve account is sufficient for the self-funded or self-insured risk assumed, or expected to be assumed, by the administrator.  If implementing a self- funded or self-insured method, the administrator may request funds to be moved from the basic health plan trust account or the basic health plan subscription account to the basic health plan self-insurance reserve account established in RCW 41.05.140.
      (10))) Subsections (2) and (3) of this section expire July 1, 2016.

Sec. 8.  RCW 70.116.134 and 1991 c 18 s 1 are each amended to read as follows:

      (1) The secretary shall adopt rules pursuant to chapter 34.05 RCW establishing criteria for designating individuals or water purveyors as qualified satellite system management agencies.  The criteria shall set forth minimum standards for designation as a satellite system management agency qualified to assume ownership, operation, or both, of an existing or proposed public water system.  The criteria shall include demonstration of financial integrity and operational capability, and may require demonstration of previous experience in successful operation and management of a public water system.

      (2) Each county shall identify potential satellite system management agencies to the secretary for areas where:  (a) No purveyor has been designated a future service area pursuant to this chapter, or (b) an existing purveyor is unable or unwilling to provide service.  Preference shall be given to public utilities or utility districts or to investor-owned utilities under the jurisdiction of the utilities and transportation commission.

      (3) The secretary shall approve satellite system management agencies meeting the established criteria and shall maintain and make available to counties a list of approved agencies.  Prior to the construction of a new public water system, the individual(s) proposing the new system or requesting service shall first be directed by the local agency responsible for issuing the construction or building permit to one or more qualified satellite system management agencies designated for the service area where the new system is proposed for the purpose of exploring the possibility of a satellite agency either owning or operating the proposed new water system.

      (4) Approved satellite system management agencies shall be reviewed periodically by the secretary for continued compliance with established criteria.  The secretary may require status reports and other information necessary for such review.  Satellite system management agencies shall be subject to reapproval at the discretion of the secretary but not less than once every five years.

      (5) The secretary may assess reasonable fees to process applications for initial approval and for periodic review of satellite system management agencies.  ((A satellite system management account is hereby created in the custody of the state treasurer.  All receipts from satellite system management agencies or applicants under subsection (4) of this section shall be deposited into the account.  Funds in this account may be used only for administration of the satellite system management program.  Expenditures from the account shall be authorized by the secretary or the secretary's designee.  The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.))

      (6) For purposes of this section, "satellite system management agency" and "satellite agency" shall mean a person or entity that is certified by the secretary to own or operate more than one public water system on a regional or countywide basis, without the necessity for a physical connection between such systems.

Sec. 9.  RCW 82.44.180 and 1999 c 402 s 5 and 1999 c 94 s 31 are each reenacted and amended to read as follows:

      (((1))) The transportation fund is created in the state treasury.  Revenues under RCW ((82.44.110 and)) 82.50.510 shall be deposited into the fund as provided in ((those)) that section((s)).

      Moneys in the fund may be spent only after appropriation.  Expenditures from the fund may be used only for transportation purposes and activities and operations of the Washington state patrol not directly related to the policing of public highways and that are not authorized under Article II, section 40 of the state Constitution.

      (((2) There is hereby created the public transportation systems account within the transportation fund.  Moneys deposited into the account under RCW 82.44.150(2) (b) and (c) shall be appropriated to the transportation improvement board and allocated by the transportation improvement board to public transportation projects submitted by the public transportation systems as defined by chapters 36.56, 36.57, and 36.57A RCW and RCW 35.84.060 and 81.112.030, and the Washington state ferry system, solely for:
      (a) Planning;
      (b) Development of capital projects;
      (c) Development of high capacity transportation systems as defined in RCW 81.104.015;
      (d) Development of high occupancy vehicle lanes and related facilities as defined in RCW 81.100.020;
      (e) Other public transportation system-related roadway projects on state highways, county roads, or city streets;
      (f) Public transportation system contributions required to fund projects under federal programs and those approved by the transportation improvement board from other fund sources; and
      (g) Reimbursement to the general fund of tax credits authorized under RCW 82.04.4453 and 82.16.048, subject to appropriation.))

Sec. 10.  RCW 41.05.140 and 2012 c 187 s 10 are each amended to read as follows:

      (1) Except for property and casualty insurance, the authority may self-fund, self-insure, or enter into other methods of providing insurance coverage for insurance programs under its jurisdiction, including the basic health plan as provided in chapter 70.47 RCW.  The authority shall contract for payment of claims or other administrative services for programs under its jurisdiction.  If a program does not require the prepayment of reserves, the authority shall establish such reserves within a reasonable period of time for the payment of claims as are normally required for that type of insurance under an insured program.  The authority shall endeavor to reimburse basic health plan health care providers under this section at rates similar to the average reimbursement rates offered by the statewide benchmark plan determined through the request for proposal process.

      (2) Reserves established by the authority for employee and retiree benefit programs shall be held in a separate account in the custody of the state treasurer and shall be known as the public employees' and retirees' insurance reserve fund.  The state treasurer may invest the moneys in the reserve fund pursuant to RCW 43.79A.040.

      (3) Any savings realized as a result of a program created for employees and retirees under this section shall not be used to increase benefits unless such use is authorized by statute.

      (4) ((Reserves established by the authority to provide insurance coverage for the basic health plan under chapter 70.47 RCW shall be held in a separate trust account in the custody of the state treasurer and shall be known as the basic health plan self-insurance reserve account.  The state treasurer may invest the moneys in the reserve fund pursuant to RCW 43.79A.040.
      (5))) Any program created under this section shall be subject to the examination requirements of chapter 48.03 RCW as if the program were a domestic insurer.  In conducting an examination, the commissioner shall determine the adequacy of the reserves established for the program.

      (((6))) (5) The authority shall keep full and adequate accounts and records of the assets, obligations, transactions, and affairs of any program created under this section.

      (((7))) (6) The authority shall file a quarterly statement of the financial condition, transactions, and affairs of any program created under this section in a form and manner prescribed by the insurance commissioner.  The statement shall contain information as required by the commissioner for the type of insurance being offered under the program.  A copy of the annual statement shall be filed with the speaker of the house of representatives and the president of the senate.

      (((8))) (7) The provisions of this section do not apply to the administration of chapter 74.09 RCW.

Sec. 11.  RCW 82.45.180 and 2010 1st sp.s. c 26 s 9 are each amended to read as follows:

      (1)(a) For taxes collected by the county under this chapter, the county treasurer shall collect a five dollar fee on all transactions required by this chapter where the transaction does not require the payment of tax.  A total of five dollars shall be collected in the form of a tax and fee, where the calculated tax payment is less than five dollars.  Through June 30, 2006, the county treasurer shall place one percent of the taxes collected by the county under this chapter and the treasurer's fee in the county current expense fund to defray costs of collection.  After June 30, 2006, the county treasurer shall place one and three-tenths percent of the taxes collected by the county under this chapter and the treasurer's fee in the county current expense fund to defray costs of collection.  For taxes collected by the county under this chapter before July 1, 2006, the county treasurer shall pay over to the state treasurer and account to the department of revenue for the proceeds at the same time the county treasurer remits funds to the state under RCW 84.56.280.  For taxes collected by the county under this chapter after June 30, 2006, on a monthly basis the county treasurer shall pay over to the state treasurer the month's transmittal.  The month's transmittal must be received by the state treasurer by 12:00 p.m. on the last working day of each month.  The county treasurer shall account to the department for the month's transmittal by the twentieth day of the month following the month in which the month's transmittal was paid over to the state treasurer.  The state treasurer shall deposit the proceeds in the general fund.

      (b) For purposes of this subsection, the definitions in this subsection apply.

      (i) "Close of business" means the time when the county treasurer makes his or her daily deposit of proceeds.

      (ii) "Month's transmittal" means all proceeds deposited by the county through the close of business of the day that is two working days before the last working day of the month.  This definition of "month's transmittal" shall not be construed as requiring any change in a county's practices regarding the timing of its daily deposits of proceeds.

      (iii) "Proceeds" means moneys collected and receipted by the county from the taxes imposed by this chapter, less the county's share of the proceeds used to defray the county's costs of collection allowable in (a) of this subsection.

      (iv) "Working day" means a calendar day, except Saturdays, Sundays, and all legal holidays as provided in RCW 1.16.050.

      (2) For taxes collected by the department of revenue under this chapter, the department shall remit the tax to the state treasurer who shall deposit the proceeds of any state tax in the general fund.  The state treasurer shall deposit the proceeds of any local taxes imposed under chapter 82.46 RCW in the local real estate excise tax account hereby created in the state treasury.  Moneys in the local real estate excise tax account may be spent only for distribution to counties, cities, and towns imposing a tax under chapter 82.46 RCW.  Except as provided in RCW 43.08.190, all earnings of investments of balances in the local real estate excise tax account shall be credited to the local real estate excise tax account and distributed to the counties, cities, and towns monthly.  Monthly the state treasurer shall make distribution from the local real estate excise tax account to the counties, cities, and towns the amount of tax collected on behalf of each taxing authority.  The state treasurer shall make the distribution under this subsection without appropriation.

      (3)(a) ((The real estate excise tax electronic technology account is created in the custody of the state treasurer.  An appropriation is not required for expenditures and the account is not subject to allotment procedures under chapter 43.88 RCW.
      (b))) Through June 30, 2010, the county treasurer shall collect an additional five dollar fee on all transactions required by this chapter, regardless of whether the transaction requires the payment of tax.  The county treasurer shall remit this fee to the state treasurer at the same time the county treasurer remits funds to the state under subsection (1) of this section.  The state treasurer shall place money from this fee in the ((real estate excise tax electronic technology account)) general fund.  By the twentieth day of the subsequent month, the state treasurer shall distribute to each county treasurer according to the following formula:  Three-quarters of the funds available shall be equally distributed among the thirty-nine counties; and the balance shall be ratably distributed among the counties in direct proportion to their population as it relates to the total state's population based on most recent statistics by the office of financial management.

      (((c))) (b) When received by the county treasurer, the funds shall be placed in a special real estate excise tax electronic technology fund held by the county treasurer to be used exclusively for the development, implementation, and maintenance of an electronic processing and reporting system for real estate excise tax affidavits.  Funds may be expended to make the system compatible with the automated real estate excise tax system developed by the department and compatible with the processes used in the offices of the county assessor and county auditor.  Any funds held in the account that are not expended by the earlier of:  July 1, 2015, or at such time that the county treasurer is utilizing an electronic processing and reporting system for real estate excise tax affidavits compatible with the department and compatible with the processes used in the offices of the county assessor and county auditor, revert to the special real estate and property tax administration assistance account in accordance with subsection (5)(c) of this section.

      (4) Beginning July 1, 2010, through December 31, 2013, the county treasurer shall continue to collect the additional five dollar fee in subsection (3) of this section on all transactions required by this chapter, regardless of whether the transaction requires the payment of tax.  During this period, the county treasurer shall remit this fee to the state treasurer at the same time the county treasurer remits funds to the state under subsection (1) of this section.  The state treasurer shall place money from this fee in the annual property revaluation grant account created in RCW 84.41.170.

      (5)(a) The real estate and property tax administration assistance account is created in the custody of the state treasurer.  An appropriation is not required for expenditures and the account is not subject to allotment procedures under chapter 43.88 RCW.

      (b) Beginning January 1, 2014, the county treasurer must continue to collect the additional five dollar fee in subsection (3) of this section on all transactions required by this chapter, regardless of whether the transaction requires the payment of tax.  The county treasurer shall deposit one-half of this fee in the special real estate and property tax administration assistance account in accordance with (c) of this subsection and remit the balance to the state treasurer at the same time the county treasurer remits funds to the state under subsection (1) of this section.  The state treasurer must place money from this fee in the real estate and property tax administration assistance account.  By the twentieth day of the subsequent month, the state treasurer must distribute the funds to each county treasurer according to the following formula:  One-half of the funds available must be equally distributed among the thirty-nine counties; and the balance must be ratably distributed among the counties in direct proportion to their population as it relates to the total state's population based on most recent statistics by the office of financial management.

      (c) When received by the county treasurer, the funds must be placed in a special real estate and property tax administration assistance account held by the county treasurer to be used for:

      (i) Maintenance and operation of an annual revaluation system for property tax valuation; and

      (ii) Maintenance and operation of an electronic processing and reporting system for real estate excise tax affidavits.

Sec. 12.  RCW 70.122.130 and 2006 c 108 s 2 are each amended to read as follows:

      (1) The department of health shall establish and maintain a statewide health care declarations registry containing the health care declarations identified in subsection (2) of this section as submitted by residents of Washington.  The department shall digitally reproduce and store health care declarations in the registry.  The department may establish standards for individuals to submit digitally reproduced health care declarations directly to the registry, but is not required to review the health care declarations that it receives to ensure they comply with the particular statutory requirements applicable to the document.  The department may contract with an organization that meets the standards identified in this section.

      (2)(a) An individual may submit any of the following health care declarations to the department of health to be digitally reproduced and stored in the registry:

      (i) A directive, as defined by this chapter;

      (ii) A durable power of attorney for health care, as authorized in chapter 11.94 RCW;

      (iii) A mental health advance directive, as defined by chapter 71.32 RCW; or

      (iv) A form adopted pursuant to the department of health's authority in RCW 43.70.480.

      (b) Failure to submit a health care declaration to the department of health does not affect the validity of the declaration.

      (c) Failure to notify the department of health of a valid revocation of a health care declaration does not affect the validity of the revocation.

      (d) The entry of a health care directive in the registry under this section does not:

      (i) Affect the validity of the document;

      (ii) Take the place of any requirements in law necessary to make the submitted document legal; or

      (iii) Create a presumption regarding the validity of the document.

      (3) The department of health shall prescribe a procedure for an individual to revoke a health care declaration contained in the registry.

      (4) The registry must:

      (a) Be maintained in a secure database that is accessible through a web site maintained by the department of health;

      (b) Send annual electronic messages to individuals that have submitted health care declarations to request that they review the registry materials to ensure that it is current;

      (c) Provide individuals who have submitted one or more health care declarations with access to their documents and the ability to revoke their documents at all times; and

      (d) Provide the personal representatives of individuals who have submitted one or more health care declarations to the registry, attending physicians, advanced registered nurse practitioners, health care providers licensed by a disciplining authority identified in RCW 18.130.040 who is acting under the direction of a physician or an advanced registered nurse practitioner, and health care facilities, as defined in this chapter or in chapter 71.32 RCW, access to the registry at all times.

      (5) In designing the registry and web site, the department of health shall ensure compliance with state and federal requirements related to patient confidentiality.

      (6) The department shall provide information to health care providers and health care facilities on the registry web site regarding the different federal and Washington state requirements to ascertain and document whether a patient has an advance directive.

      (7) The department of health may accept donations, grants, gifts, or other forms of voluntary contributions to support activities related to the creation and maintenance of the health care declarations registry and statewide public education campaigns related to the existence of the registry.  ((All funds received shall be transferred to the health care declarations registry account, created in RCW 70.122.140.)) All receipts from donations made under this section, and other contributions and appropriations specifically made for the purposes of creating and maintaining the registry established under this section and statewide public education campaigns related to the existence of the registry, shall be deposited into the general fund.  These moneys in the general fund may be spent only after appropriation.

      (8) The department of health may adopt rules as necessary to implement chapter 108, Laws of 2006.

      (9) By December 1, 2008, the department shall report to the house and senate committees on health care the following information:

      (a) Number of participants in the registry;

      (b) Number of health care declarations submitted by type of declaration as defined in this section;

      (c) Number of health care declarations revoked and the method of revocation;

      (d) Number of providers and facilities, by type, that have been provided access to the registry;

      (e) Actual costs of operation of the registry((;
      (f) Donations received by the department for deposit into the health care declarations registry account, created in RCW 70.122.140 by type of donor)).

NEW SECTION.  Sec. 13.  The following acts or parts of acts are each repealed:

      (1) RCW 43.19.730 (Public printing revolving account) and 2011 1st sp.s. c 43 s 307;

      (2) RCW 43.70.325 (Rural health access account) and 1992 c 120 s 1;

      (3) RCW 43.338.030 (Manufacturing innovation and modernization account) and 2008 c 315 s 5;

      (4) RCW 46.68.210 (Puyallup tribal settlement account) and 1991 sp.s. c 13 s 104 & 1990 c 42 s 411;

      (5) RCW 46.68.330 (Freight congestion relief account) and 2007 c 514 s 2;

      (6) RCW 70.122.140 (Health care declarations registry account) and 2006 c 108 s 3; and

      (7) 2006 c 372 s 715 (uncodified).

NEW SECTION.  Sec. 14.  The office of the state treasurer, the office of financial management, and the code reviser shall review state statutes relating to state capital construction funds and accounts and bond authorizations and submit to the appropriate fiscal committees of the 2015 legislature recommended legislation for the amendment, repeal, or decodification of those statutes that are inactive, obsolete, or no longer necessary for continued publication in the Revised Code of Washington.

NEW SECTION.  Sec. 15.  Section 3 of this act expires if the requirements set out in section 7, chapter 36, Laws of 2012 are met.

NEW SECTION.  Sec. 16.  Section 4 of this act takes effect if the requirements set out in section 7, chapter 36, Laws of 2012 are met.

NEW SECTION.  Sec. 17.  Any residual balance of funds remaining in the public printing revolving account repealed by section 13 of this act on the effective date of this section shall be transferred to the enterprise services account.  Any residual balance of funds remaining in the Puyallup tribal settlement account repealed by section 13 of this act on the effective date of this section shall be transferred to the motor vehicle fund.  Any residual balance of funds remaining in any other account abolished in this act on June 30, 2013, shall be transferred by the state treasurer to the state general fund.

NEW SECTION.  Sec. 18.  Except for section 4 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 30, 2013."

Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Hill moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5287.

      Senators Hill and Nelson spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Hill that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5287.

The motion by Senator Hill carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5287 by voice vote.

 

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5287, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5287, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Smith and Tom

      Excused: Senators Carrell and Shin

      SUBSTITUTE SENATE BILL NO. 5287, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

April 16, 2013

 

MR. PRESIDENT:

The House passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5449 with the following amendment(s): 5449-S.E AMH HCW H2152.2

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

"NEW SECTION.  Sec. 1.  The federal patient protection and affordable care act of 2010, P.L. 111-148, as amended, prohibits the imposition of any preexisting condition coverage exceptions in the  individual market for insurance coverage beginning January 1, 2014.  The affordable care act also extends opportunities for individuals to enroll in comprehensive coverage in a health benefit exchange beginning January 1, 2014.  The legislature finds that some individuals may still be barred from enrolling in the new comprehensive coverage options and it is the intent of the legislature to continue some limited access to the Washington state health insurance pool for a transitional period, and to provide for modification to the pool to reflect changes in federal law and insurance availability.

Sec. 2.  RCW 48.41.060 and 2011 c 314 s 13 are each amended to read as follows:

      (1) The board shall have the general powers and authority granted under the laws of this state to insurance companies, health care service contractors, and health maintenance organizations, licensed or registered to offer or provide the kinds of health coverage defined under this title.  In addition thereto, the board shall:

      (a) ((Designate or establish the standard health questionnaire to be used under RCW 48.41.100 and 48.43.018, including the form and content of the standard health questionnaire and the method of its application.  The questionnaire must provide for an objective evaluation of an individual's health status by assigning a discreet measure, such as a system of point scoring to each individual.  The questionnaire must not contain any questions related to pregnancy, and pregnancy shall not be a basis for coverage by the pool.  The questionnaire shall be designed such that it is reasonably expected to identify the eight percent of persons who are the most costly to treat who are under individual coverage in health benefit plans, as defined in RCW 48.43.005, in Washington state or are covered by the pool, if applied to all such persons;
      (b) Obtain from a member of the American academy of actuaries, who is independent of the board, a certification that the standard health questionnaire meets the requirements of (a) of this subsection;
      (c) Approve the standard health questionnaire and any modifications needed to comply with this chapter.  The standard health questionnaire shall be submitted to an actuary for certification, modified as necessary, and approved at least every thirty-six months unless at the time when certification is required the pool will be discontinued before the end of the succeeding thirty-six month period.  The designation and approval of the standard health questionnaire by the board shall not be subject to review and approval by the commissioner.  The standard health questionnaire or any modification thereto shall not be used until ninety days after public notice of the approval of the questionnaire or any modification thereto, except that the initial standard health questionnaire approved for use by the board after March 23, 2000, may be used immediately following public notice of such approval;
      (d))) Establish appropriate rates, rate schedules, rate adjustments, expense allowances, claim reserve formulas and any other actuarial functions appropriate to the operation of the pool.  Rates shall not be unreasonable in relation to the coverage provided, the risk experience, and expenses of providing the coverage.  Rates and rate schedules may be adjusted for appropriate risk factors such as age and area variation in claim costs and shall take into consideration appropriate risk factors in accordance with established actuarial underwriting practices consistent with Washington state individual plan rating requirements under RCW 48.44.022 and 48.46.064;

      (((e))) (b)(i) Assess members of the pool in accordance with the provisions of this chapter, and make advance interim assessments as may be reasonable and necessary for the organizational or interim operating expenses.  Any interim assessments will be credited as offsets against any regular assessments due following the close of the year.

      (ii) Self-funded multiple employer welfare arrangements are subject to assessment under this subsection only in the event that assessments are not preempted by the employee retirement income security act of 1974, as amended, 29 U.S.C. Sec. 1001 et seq.  The arrangements and the commissioner shall initially request an advisory opinion from the United States department of labor or obtain a declaratory ruling from a federal court on the legality of imposing assessments on these arrangements before imposing the assessment.  Once the legality of the assessments has been determined, the multiple employer welfare arrangement certified by the insurance commissioner must begin payment of these assessments.

      (iii) If there has not been a final determination of the legality of these assessments, then beginning on the earlier of (A) the date the fourth multiple employer welfare arrangement has been certified by the insurance commissioner, or (B) April 1, 2006, the arrangement shall deposit the assessments imposed by this subsection into an interest bearing escrow account maintained by the arrangement.  Upon a final determination that the assessments are not preempted by the employee retirement income security act of 1974, as amended, 29 U.S.C. Sec. 1001 et seq., all funds in the interest bearing escrow account shall be transferred to the board;

      (((f))) (c) Issue policies of health coverage in accordance with the requirements of this chapter;

      (((g))) (d) Establish procedures for the administration of the premium discount provided under RCW 48.41.200(3)(a)(iii);

      (((h))) (e) Contract with the Washington state health care authority for the administration of the premium discounts provided under RCW 48.41.200(3)(a) (i) and (ii);

      (((i))) (f) Set a reasonable fee to be paid to an insurance producer licensed in Washington state for submitting an acceptable application for enrollment in the pool; and

      (((j))) (g) Provide certification to the commissioner when assessments will exceed the threshold level established in RCW 48.41.037.

      (2) In addition thereto, the board may:

      (a) Enter into contracts as are necessary or proper to carry out the provisions and purposes of this chapter including the authority, with the approval of the commissioner, to enter into contracts with similar pools of other states for the joint performance of common administrative functions, or with persons or other organizations for the performance of administrative functions;

      (b) Sue or be sued, including taking any legal action as necessary to avoid the payment of improper claims against the pool or the coverage provided by or through the pool;

      (c) Appoint appropriate legal, actuarial, and other committees as necessary to provide technical assistance in the operation of the pool, policy, and other contract design, and any other function within the authority of the pool; and

      (d) Conduct periodic audits to assure the general accuracy of the financial data submitted to the pool, and the board shall cause the pool to have an annual audit of its operations by an independent certified public accountant.

      (3) Nothing in this section shall be construed to require or authorize the adoption of rules under chapter 34.05 RCW.

Sec. 3.  RCW 48.41.100 and 2011 c 315 s 5 and 2011 c 314 s 15 are each reenacted and amended to read as follows:

      (1)(a) The following persons who are residents of this state are eligible for pool coverage:

      (i) ((Any person who provides evidence of a carrier's decision not to accept him or her for enrollment in an individual health benefit plan as defined in RCW 48.43.005 based upon, and within ninety days of the receipt of, the results of the standard health questionnaire designated by the board and administered by health carriers under RCW 48.43.018;
      (ii) Any person who continues to be eligible for pool coverage based upon the results of the standard health questionnaire designated by the board and administered by the pool administrator pursuant to subsection (3) of this section;
      (iii) Any person who resides in a county of the state where no carrier or insurer eligible under chapter 48.15 RCW offers to the public an individual health benefit plan other than a catastrophic health plan as defined in RCW 48.43.005 at the time of application to the pool, and who makes direct application to the pool)) Any resident of the state not eligible for medicare coverage or medicaid coverage, and residing in a county where an individual health plan other than a catastrophic health plan as defined in RCW 48.43.005 is not offered to the resident during defined open enrollment or special enrollment periods at the time of application to the pool, whether through the health benefit exchange operated pursuant to chapter 43.71 RCW or in the private insurance market, and who makes application to the pool for coverage prior to December 31, 2017;
      (ii) Any resident of the state not eligible for medicare coverage, enrolled in the pool prior to December 31, 2013, shall remain eligible for pool coverage except as provided in subsections (2) and (3) of this section through December 31, 2017;

      (((iv))) (iii) Any person becoming eligible for medicare before August 1, 2009, who provides evidence of (A) a rejection for medical reasons, (B) a requirement of restrictive riders, (C) an up-rated premium, (D) a preexisting conditions limitation, or (E) lack of access to or for a comprehensive medicare supplemental insurance policy under chapter 48.66 RCW, the effect of any of which is to substantially reduce coverage from that received by a person considered a standard risk by at least one member within six months of the date of application; and

      (((v))) (iv) Any person becoming eligible for medicare on or after August 1, 2009, who does not have access to a reasonable choice of comprehensive medicare part C plans, as defined in (b) of this subsection, and who provides evidence of (A) a rejection for medical reasons, (B) a requirement of restrictive riders, (C) an up-rated premium, (D) a preexisting conditions limitation, or (E) lack of access to or for a comprehensive medicare supplemental insurance policy under chapter 48.66 RCW, the effect of any of which is to substantially reduce coverage from that received by a person considered a standard risk by at least one member within six months of the date of application((; and
      (vi) Any person under the age of nineteen who does not have access to individual plan open enrollment or special enrollment, as defined in RCW 48.43.005, or the federal preexisting condition insurance pool, at the time of application to the pool is eligible for the pool coverage)).

      (b) For purposes of (a)(i) of this subsection, by December 1, 2013, the board shall develop and implement a process to determine an applicant's eligibility based on the criteria specified in (a)(i) of this subsection.
      (c) For purposes of (a)(((v)))(iv) of this subsection (1), a person does not have access to a reasonable choice of plans unless the person has a choice of health maintenance organization or preferred provider organization medicare part C plans offered by at least three different carriers that have had provider networks in the person's county of residence for at least five years.  The plan options must include coverage at least as comprehensive as a plan F medicare supplement plan combined with medicare parts A and B.  The plan options must also provide access to adequate and stable provider networks that make up- to-date provider directories easily accessible on the carrier web site, and will provide them in hard copy, if requested.  In addition, if no health maintenance organization or preferred provider organization plan includes the health care provider with whom the person has an established care relationship and from whom he or she has received treatment within the past twelve months, the person does not have reasonable access.

      (2) The following persons are not eligible for coverage by the pool:

      (a) Any person having terminated coverage in the pool unless (i) twelve months have lapsed since termination, or (ii) that person can show continuous other coverage which has been involuntarily terminated for any reason other than nonpayment of premiums.  However, these exclusions do not apply to eligible individuals as defined in section 2741(b) of the federal health insurance portability and accountability act of 1996 (42 U.S.C. Sec. 300gg-41(b));

      (b) Inmates of public institutions and those persons who become eligible for medical assistance after June 30, 2008, as defined in RCW 74.09.010.  However, these exclusions do not apply to eligible individuals as defined in section 2741(b) of the federal health insurance portability and accountability act of 1996 (42 U.S.C. Sec. 300gg-41(b))((;
      (c) Any person who resides in a county of the state where any carrier or insurer regulated under chapter 48.15 RCW offers to the public an individual health benefit plan other than a catastrophic health plan as defined in RCW 48.43.005 at the time of application to the pool and who does not qualify for pool coverage based upon the results of the standard health questionnaire, or pursuant to subsection (1)(a)(iv) of this section)).

      (3) When a carrier or insurer regulated under chapter 48.15 RCW begins to offer an individual health benefit plan in a county where no carrier had been offering an individual health benefit plan:

      (a) If the health benefit plan offered is other than a catastrophic health plan as defined in RCW 48.43.005, any person enrolled in a pool plan pursuant to subsection (1)(a)(((iii))) (i) of this section in that county shall no longer be eligible for coverage under that plan pursuant to subsection (1)(a)(((iii))) (i) of this section((, but may continue to be eligible for pool coverage based upon the results of the standard health questionnaire designated by the board and administered by the pool administrator.  The pool administrator shall offer to administer the questionnaire to each person no longer eligible for coverage under subsection (1)(a)(iii) of this section within thirty days of determining that he or she is no longer eligible;
      (b) Losing eligibility for pool coverage under this subsection (3) does not affect a person's eligibility for pool coverage under subsection (1)(a)(i), (ii), or (iv) of this section)); and

      (((c))) (b) The pool administrator shall provide written notice to any person who is no longer eligible for coverage under a pool plan under this subsection (3) within thirty days of the administrator's determination that the person is no longer eligible.  The notice shall:  (i) Indicate that coverage under the plan will cease ninety days from the date that the notice is dated; (ii) describe any other coverage options, either in or outside of the pool, available to the person; and (iii) describe the ((procedures for the administration of the standard health questionnaire to determine the person's continued eligibility for coverage under subsection (1)(a)(ii) of this section; and (iv) describe the)) enrollment process for the available options outside of the pool.

      (((4) The board shall ensure that an independent analysis of the eligibility standards for the pool coverage is conducted, including examining the eight percent eligibility threshold, eligibility for medicaid enrollees and other publicly sponsored enrollees, and the impacts on the pool and the state budget.  The board shall report the findings to the legislature by December 1, 2007.))

Sec. 4.  RCW 48.41.160 and 2007 c 259 s 27 are each amended to read as follows:

      (1) On or before December 31, 2007, the pool shall cancel all existing pool policies and replace them with policies that are identical to the existing policies except for the inclusion of a provision providing for a guarantee of the continuity of coverage consistent with this section.  As a means to minimize the number of policy changes for enrollees, replacement policies provided under this subsection also may include the plan modifications authorized in RCW 48.41.100, 48.41.110, and 48.41.120.

      (2) A pool policy shall contain a guarantee of the individual's right to continued coverage, subject to the provisions of subsections (4) ((and)), (5), (7), and (8) of this section.

      (3) The guarantee of continuity of coverage required by this section shall not prevent the pool from canceling or nonrenewing a policy for:

      (a) Nonpayment of premium;

      (b) Violation of published policies of the pool;

      (c) Failure of a covered person who becomes eligible for medicare benefits by reason of age to apply for a pool medical supplement plan, or a medicare supplement plan or other similar plan offered by a carrier pursuant to federal laws and regulations;

      (d) Failure of a covered person to pay any deductible or copayment amount owed to the pool and not the provider of health care services;

      (e) Covered persons committing fraudulent acts as to the pool;

      (f) Covered persons materially breaching the pool policy; or

      (g) Changes adopted to federal or state laws when such changes no longer permit the continued offering of such coverage.

      (4)(a) The guarantee of continuity of coverage provided by this section requires that if the pool replaces a plan, it must make the replacement plan available to all individuals in the plan being replaced.  The replacement plan must include all of the services covered under the replaced plan, and must not significantly limit access to the kind of services covered under the replacement plan through unreasonable cost-sharing requirements or otherwise.  The pool may also allow individuals who are covered by a plan that is being replaced an unrestricted right to transfer to a fully comparable plan.

      (b) The guarantee of continuity of coverage provided by this section requires that if the pool discontinues offering a plan:  (i) The pool must provide notice to each individual of the discontinuation at least ninety days prior to the date of the discontinuation; (ii) the pool must offer to each individual provided coverage under the discontinued plan the option to enroll in any other plan currently offered by the pool for which the individual is otherwise eligible; and (iii) in exercising the option to discontinue a plan and in offering the option of coverage under (b)(ii) of this subsection, the pool must act uniformly without regard to any health status‑related factor of enrolled individuals or individuals who may become eligible for this coverage.

      (c) The pool cannot replace or discontinue a plan under this subsection (4) until it has completed an evaluation of the impact of replacing the plan upon:

      (i) The cost and quality of care to pool enrollees;

      (ii) Pool financing and enrollment;

      (iii) The board's ability to offer comprehensive and other plans to its enrollees;

      (iv) Other items identified by the board.

      In its evaluation, the board must request input from the constituents represented by the board members.

      (d) The guarantee of continuity of coverage provided by this section does not apply if the pool has zero enrollment in a plan.

      (5) The pool may not change the rates for pool policies except on a class basis, with a clear disclosure in the policy of the pool's right to do so.

      (6) A pool policy offered under this chapter shall provide that, upon the death of the individual in whose name the policy is issued, every other individual then covered under the policy may elect, within a period specified in the policy, to continue coverage under the same or a different policy.

(7) All pool policies issued on or after January 1, 2014, must reflect the new eligibility requirements of RCW 48.41.100 and contain a statement of the intent to discontinue the pool coverage on December 31, 2017, under pool nonmedicare plans.
      (8) Pool policies issued prior to January 1, 2014, shall be modified effective January 1, 2013, consistent with subsection (3)(g) of this section, and contain a statement of the intent to discontinue pool coverage on December 31, 2017, under pool nonmedicare plans.
      (9) The pool shall discontinue all nonmedicare pool plans effective December 31, 2017.

Sec. 5.  RCW 48.41.240 and 2012 c 87 s 17 are each amended to read as follows:

      (1) The board shall review populations that may need ongoing access to coverage through the pool, with specific attention to those persons who may be excluded from or may receive inadequate coverage beginning January 1, 2014, such as persons with end-stage renal disease or HIV/AIDS, or persons not eligible for coverage in the exchange.

      (2) If the review under subsection (1) of this section indicates a continued need for coverage through the pool after December 31, 2013, the board shall submit recommendations regarding any modifications to pool eligibility requirements for new and ongoing enrollment after December 31, 2013.  The recommendations must address any needed modifications to the standard health questionnaire or other eligibility screening tool that could be used in a manner consistent with federal law to determine eligibility for enrollment in the pool.

      (3) The board shall complete an analysis of current pool assessment requirements in relation to assessments that will fund the reinsurance program and recommend changes to pool assessments or any credits against assessments that may be considered for the reinsurance program.  The analysis shall recommend whether the categories of members paying assessments should be adjusted to make the assessment fair and equitable among all payers.

      (4) The board shall report its recommendations to the governor and the legislature by December 1, 2012.

(5) The board shall revisit the study of eligibility completed in 2012 with another review of the populations that may need ongoing access to coverage through the pool, to be submitted to the governor and legislature by November 1, 2015.  The eligibility study shall include the nonmedicare populations scheduled to lose coverage and medicare populations, and consider whether the enrollees have access to comprehensive coverage alternatives that include appropriate pharmacy coverage.  The study shall include recommendations to address any barriers in eligibility that remain in accessing other coverage such as medicare supplemental coverage or comprehensive pharmacy coverage, as well as suggestions for financing changes and recommendations on a future expiration of the pool.

NEW SECTION.  Sec. 6.  Sections 2 and 3 of this act take effect January 1, 2014."

Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Parlette moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5449.

      Senators Parlette and Keiser spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Parlette that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5449.

The motion by Senator Parlette carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 5449 by voice vote.

 

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5449, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5449, as amended by the House, and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Smith and Tom

      Excused: Senators Carrell and Shin

ENGROSSED SUBSTITUTE SENATE BILL NO. 5449, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

April 16, 2013

 

MR. PRESIDENT:

The House passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5551 with the following amendment(s): 5551-S.E AMH JUDI H2269.2

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

"NEW SECTION.  Sec. 1.  A new section is added to chapter 10.77 RCW to read as follows:

      (1) If, at the time of a referral for an evaluation of competency to stand trial in a jail for an in-custody defendant, the department has not met the performance target for timely completion of competency evaluations under RCW 10.77.068(1)(a)(ii) during the most recent quarter in fifty percent of cases submitted by the referring county, as documented in the most recent quarterly report under RCW 10.77.068(3) or confirmed by records maintained by the department, the department shall reimburse the county for the cost of appointing a qualified expert or professional person under RCW 10.77.060(1)(a) subject to subsections (2) and (3) of this section.

      (2) Appointment of a qualified expert or professional person under this section must be from a list of qualified experts or professional persons assembled with participation by representatives of the prosecuting attorney and the defense bar of the county.  The qualified expert or professional person shall complete an evaluation and report that includes the components specified in RCW 10.77.060(3).

      (3) The county shall provide a copy of the evaluation report to the applicable state hospital upon referral of the defendant for admission to the state hospital.  The county shall maintain data on the timeliness of competency evaluations completed under this section.

      (4) A qualified expert or professional person appointed by a court under this section must be compensated for competency evaluations in an amount that will encourage in-depth evaluation reports.  Subject to the availability of amounts appropriated for this specific purpose, the department shall reimburse the county in an amount determined by the department to be fair and reasonable with the county paying any excess costs.  The amount of reimbursement established by the department must at least meet the equivalent amount for evaluations conducted by the department.

      (4) Nothing in this section precludes either party from objecting to the appointment of an evaluator on the basis that an inpatient evaluation is appropriate under RCW 10.77.060(1)(d).

      (5) This section expires June 30, 2016.

NEW SECTION.  Sec. 2.  Within current resources, the office of the state human resources director shall gather market salary data related to psychologists and psychiatrists employed by the department of social and health services and department of corrections and report to the governor and relevant committees of the legislature by June 30, 2013.

NEW SECTION.  Sec. 3.  Section 2 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Conway moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5551.

      Senator Conway spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Conway that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5551.

The motion by Senator Conway carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 5551 by voice vote.

 

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5551, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5551, as amended by the House, and the bill passed the Senate by the following vote:  Yeas, 46; Nays, 1; Absent, 0; Excused, 2.

      Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Smith and Tom

      Voting nay: Senator Hasegawa

      Excused: Senators Carrell and Shin

ENGROSSED SUBSTITUTE SENATE BILL NO. 5551, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

April 15, 2013

 

MR. PRESIDENT:

The House passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5577 with the following amendment(s): 5577-S.E AMH HUNS H2394.2

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

"NEW SECTION.  Sec. 1.  The legislature finds that ensuring public trust in government is a priority.  The public expects its elected officials and state employees to adhere to the highest ethical standards during their service, and this includes a commitment to full and independent investigations, with proper penalties, in cases where the ethics in public service act is violated.

Sec. 2.  RCW 42.52.410 and 1994 c 154 s 211 are each amended to read as follows:

      (1) A person may, personally or by his or her attorney, make, sign, and file with the appropriate ethics board a complaint on a form provided by the appropriate ethics board.  The complaint shall state the name of the person alleged to have violated this chapter or rules adopted under it and the particulars thereof, and contain such other information as may be required by the appropriate ethics board.

      (2) If it has reason to believe that any person has been engaged or is engaging in a violation of this chapter or rules adopted under it, an ethics board may issue a complaint.

(3)(a) A state employee who files a complaint with the appropriate ethics board shall be afforded the protection afforded to a whistleblower under RCW 42.40.050 and 49.60.210(2), subject to the limitations of RCW 42.40.035 and 42.40.910.  An agency, manager, or supervisor may not retaliate against a state employee who, after making a reasonable attempt to ascertain the correctness of the information furnished, files a complaint with the appropriate ethics board.
      (b) A state employee may not be denied the protections in chapter 42.40 RCW even if the ethics board denies an investigation of the complaint.
      (4) If a determination is made that a reprisal or retaliatory action has been taken against the state employee, the retaliator may be subject to a civil penalty of up to five thousand dollars.

Sec. 3.  RCW 42.52.360 and 2005 c 106 s 5 are each amended to read as follows:

      (1) The executive ethics board shall enforce this chapter and rules adopted under it with respect to statewide elected officers and all other officers and employees in the executive branch, boards and commissions, and institutions of higher education.

      (2) The executive ethics board shall enforce this chapter with regard to the activities of university research employees as provided in this subsection.

      (a) With respect to compliance with RCW 42.52.030, 42.52.110, 42.52.130, 42.52.140, and 42.52.150, the administrative process shall be consistent with and adhere to no less than the current standards in regulations of the United States public health service and the office of the secretary of the department of health and human services in Title 42 C.F.R. Part 50, Subpart F relating to promotion of objectivity in research.

      (b) With respect to compliance with RCW 42.52.040, 42.52.080, and 42.52.120, the administrative process shall include a comprehensive system for the disclosure, review, and approval of outside work activities by university research employees while assuring that such employees are fulfilling their employment obligations to the university.

      (c) With respect to compliance with RCW 42.52.160, the administrative process shall include a reasonable determination by the university of acceptable private uses having de minimis costs to the university and a method for establishing fair and reasonable reimbursement charges for private uses the costs of which are in excess of de minimis.

      (3) The executive ethics board shall:

      (a) Develop educational materials and training;

      (b) Adopt rules and policies governing the conduct of business by the board, and adopt rules defining working hours for purposes of RCW 42.52.180 and where otherwise authorized under chapter 154, Laws of 1994;

      (c) Issue advisory opinions;

      (d) Investigate, hear, and determine complaints by any person or on its own motion;

      (e) Impose sanctions including reprimands and monetary penalties;

      (f) Recommend to the appropriate authorities suspension, removal from position, prosecution, or other appropriate remedy; and

      (g) Establish criteria regarding the levels of civil penalties appropriate for violations of this chapter and rules adopted under it.

      (4) The board may:

      (a) Issue subpoenas for the attendance and testimony of witnesses and the production of documentary evidence relating to any matter under examination by the board or involved in any hearing;

      (b) Administer oaths and affirmations;

      (c) Examine witnesses; and

      (d) Receive evidence.

      (5) The board shall not delegate to the board's executive director its authority to issue advisories, advisory letters, or opinions.
      (6) Except as provided in RCW 42.52.220, the executive ethics board may review and approve agency policies as provided for in this chapter.

      (((6))) (7) This section does not apply to state officers and state employees of the judicial branch.

Sec. 4.  RCW 42.52.420 and 2000 c 211 s 1 are each amended to read as follows:

      (1) After the filing of any complaint, except as provided in RCW 42.52.450, the staff of the appropriate ethics board shall investigate the complaint.

      ((The investigation shall be limited to the allegations contained in the complaint.)) The ethics board may request the assistance of the office of the attorney general or a contract investigator in conducting its investigation.

      (2) The results of the investigation shall be reduced to writing and the staff shall either make a determination that the complaint should be dismissed pursuant to RCW 42.52.425, or recommend to the board that there is or that there is not reasonable cause to believe that a violation of this chapter or rules adopted under it has been or is being committed.

      (3) The board's determination on reasonable cause shall be provided to the complainant and to the person named in such complaint.

(4) The identity of a person filing a complaint under RCW 42.52.410(1) is exempt from public disclosure, as provided in RCW 42.56.240.

Sec. 5.  RCW 42.52.460 and 1994 c 154 s 216 are each amended to read as follows:

      Any person who has notified the appropriate ethics board and the attorney general in writing that there is reason to believe that RCW 42.52.180 is being or has been violated may, in the name of the state, bring a citizen action for any of the actions authorized under this chapter.  A citizen action may be brought only if the appropriate ethics board or the attorney general have failed to commence an action under this chapter within forty-five days after notice from the person, the person has thereafter notified the appropriate ethics board and the attorney general that the person will commence a citizen's action within ten days upon their failure to commence an action, and the appropriate ethics board and the attorney general have in fact failed to bring an action within ten days of receipt of the second notice.  An action is deemed to have been commenced when the appropriate ethics board or the board's executive director accepts a complaint for filing and initiates a preliminary investigation.

      If the person who brings the citizen's action prevails, the judgment awarded shall escheat to the state, but the person shall be entitled to be reimbursed by the state of Washington for costs and attorneys' fees incurred.  If a citizen's action that the court finds was brought without reasonable cause is dismissed, the court may order the person commencing the action to pay all costs of trial and reasonable attorneys' fees incurred by the defendant.

      Upon commencement of a citizen action under this section, at the request of a state officer or state employee who is a defendant, the office of the attorney general shall represent the defendant if the attorney general finds that the defendant's conduct complied with this chapter and was within the scope of employment.

NEW SECTION.  Sec. 6.  A new section is added to chapter 42.52 RCW to read as follows:

      (1) Each executive branch agency shall designate an ethics advisor or advisors to assist the agency's employees in understanding their obligations under the ethics in public service act.  Agencies shall inform the executive ethics board of their designated advisors.  As funding permits and as determined by the executive ethics board and the agency head, the advisors shall receive regular ethics training.

      (2) Executive branch officers and employees are encouraged to attend ethics training offered by the executive ethics board at least once every thirty-six months.

Sec. 7.  RCW 42.56.240 and 2012 c 88 s 1 are each amended to read as follows:

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

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

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

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

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

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

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

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

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

      (9) Personally identifying information collected by law enforcement agencies pursuant to local security alarm system programs and vacation crime watch programs.  Nothing in this subsection shall be interpreted so as to prohibit the legal owner of a residence or business from accessing information regarding his or her residence or business; and
      (10) The identity of a state employee or officer who has in good faith filed a complaint with an ethics board, as provided in RCW 42.52.410, or who has in good faith reported improper governmental action, as defined in RCW 42.40.020, to the auditor or other public official, as defined in RCW 42.40.020."

      Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Pearson moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5577.

      Senators Pearson and Darneille spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Pearson that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5577.

The motion by Senator Pearson carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 5577 by voice vote.

 

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5577, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5577, as amended by the House, and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Smith and Tom

      Excused: Senators Carrell and Shin

ENGROSSED SUBSTITUTE SENATE BILL NO. 5577, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

At 2:13 p.m., on motion of Senator Fain, the Senate was declared to be at ease subject to the call of the President.

 

The Senate was called to order at 2:54 p.m. by President Owen.

 

MESSAGE FROM THE HOUSE

 

April 16, 2013

 

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 5601 with the following amendment(s): 5601-S AMH HCW H2163.1

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

"NEW SECTION.  Sec. 1.  (1) The legislature recognizes the complexity of the health care delivery system and the need to provide a clear and consistent regulatory framework to enable health care providers to manage their operations in an efficient and effective manner.  The legislature also recognizes that the donation of electronic health records systems reduces health care costs, promotes patient safety, and improves the quality of health care.

      (2) To further the important national policy of promoting the widespread adoption of electronic health records systems, the federal antikickback statute and the rules adopted to implement the statute contain a safe harbor that allows the donation of electronic health records systems.  The federal statute and rules also contain additional safe harbors to preserve a variety of other activities which, in many cases, improve access to health care.  For health care entities other than clinical laboratories, the legality of all of these arrangements is currently in question.

      (3) The legislature is adding language to chapter 19.68 RCW to clarifying existing law and ensure that, except with respect to arrangements involving an entity which principally operates as a clinical laboratory, it is interpreted in a manner consistent with the federal antikickback statute.

NEW SECTION.  Sec. 2.  (1) Nothing in this chapter may be construed to limit or prohibit the donation of electronic health record technology or other activity by any entity, including a hospital licensed under chapter 70.41 RCW that operates a clinical laboratory, when the donation or other activity is allowed by or otherwise does not violate, 42 U.S.C. Sec. 1320a-7b(b) or the federal rules adopted to implement 42 U.S.C. Sec. 1320a-7b(b).

      (2) This section does not apply to any entity which principally operates as a clinical laboratory licensed or certified under section 353 of the public health service act, 42 U.S.C. Sec. 263a, or other applicable Washington state law.

NEW SECTION.  Sec. 3.  The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

      "Electronic health record technology" means items and services, in the form of software or information technology and training services, necessary and used predominantly to create, maintain, transmit, or receive electronic health records.

NEW SECTION.  Sec. 4.  This act applies retroactively to June 1, 2006, as well as prospectively.

NEW SECTION.  Sec. 5.  Sections 2 and 3 of this act are each added to chapter 19.68 RCW."

Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Fain moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5601.

      Senator Fain spoke in favor of the motion.

 

MOTION

 

On motion of Senator Billig, Senators Kline and McAuliffe were excused.

 

The President declared the question before the Senate to be the motion by Senator Fain that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5601.

The motion by Senator Fain carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5601 by voice vote.

 

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5601, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5601, as amended by the House, and the bill passed the Senate by the following vote:  Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kohl-Welles, Litzow, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Smith and Tom

      Excused: Senators Carrell, Kline, McAuliffe and Shin

SUBSTITUTE SENATE BILL NO. 5601, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

April 11, 2013

 

MR. PRESIDENT:

The House passed SENATE BILL NO. 5810 with the following amendment(s): 5810 AMH HUNS H2382.1

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

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

      (1) The department may collect, evaluate, and analyze data and specific investigative and intelligence information concerning the existence, structure, activities, and operations of security threat groups and the participants involved therein under the jurisdiction of the department.  The data compiled may aid in addressing violence reduction, illegal activities, and identification of offender separation or protection needs, and may be used to assist law enforcement agencies and prosecutors in developing evidence for purposes of criminal prosecution upon request.

      (2) The following security threat group information collected and maintained by the department shall be exempt from public disclosure under chapter 42.56 RCW:  (a) Information that could lead to the identification of a person's security threat group status, affiliation, or activities; (b) information that reveals specific security threats associated with the operation and activities of security threat groups; and (c) information that identifies the number of security threat group members, affiliates, or associates.

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

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

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

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

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

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

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

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

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

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

      (9) Personally identifying information collected by law enforcement agencies pursuant to local security alarm system programs and vacation crime watch programs.  Nothing in this subsection shall be interpreted so as to prohibit the legal owner of a residence or business from accessing information regarding his or her residence or business; and
      (10) The following security threat group information collected and maintained by the department of corrections pursuant to section 1 of this act:  (a) Information that could lead to the identification of a person's security threat group status, affiliation, or activities; (b) information that reveals specific security threats associated with the operation and activities of security threat groups; and (c) information that identifies the number of security threat group members, affiliates, or associates."

      Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Darneille moved that the Senate concur in the House amendment(s) to Senate Bill No. 5810.

      Senator Darneille spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Darneille that the Senate concur in the House amendment(s) to Senate Bill No. 5810.

The motion by Senator Darneille carried and the Senate concurred in the House amendment(s) to Senate Bill No. 5810 by voice vote.

 

The President declared the question before the Senate to be the final passage of Senate Bill No. 5810, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Senate Bill No. 5810, as amended by the House, and the bill passed the Senate by the following vote:  Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Smith and Tom

      Excused: Senators Carrell, Kline and Shin

SENATE BILL NO. 5810, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

On motion of Senator Fain, the Senate advanced to the sixth order of business.

 

SECOND READING

 

SENATE BILL NO. 5913, by Senator Becker

 

Concerning a hospital safety net assessment and quality incentive program for increased hospital payments.

 

MOTIONS

 

On motion of Senator Braun, Substitute Senate Bill No. 5913 was substituted for Senate Bill No. 5913 and the substitute bill was placed on the second reading and read the second time.

On motion of Senator Braun, the rules were suspended, Substitute Senate Bill No. 5913 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Braun, Hargrove and Keiser spoke in favor of passage of the bill.

 

POINT OF INQUIRY

 

Senator Dammeier:  “Senator Dammeier: “Would Senator Conway yield to a question? So, Senator Conway, I know you are very familiar with the over ten thousand ICD-9 and -10 [International Classification of Diseases] codes and I was hoping you’ve had a chance to review their interaction with this complex legislation and whether you had a chance to review the Ways & Means report on said codes and the interaction?”

 

Senator Conway:  “I was just looking at it on my computer actually.”

 

Senator Dammeier: “As a matter of fact Senator Conway I happen to have a copy of the report for you. I would be interested in your approach.”

 

Senator Conway: “Thank you very much, I appreciate it. It’s a lot easier in a hard copy at times. All right, thanks.”

 

REMARKS BY THE PRESIDENT

 

President Owen: “Hmmm.  Do we have to wait for him to read it?”

 

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5913.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5913 and the bill passed the Senate by the following vote:  Yeas, 35; Nays, 11; Absent, 0; Excused, 3.

      Voting yea: Senators Bailey, Becker, Benton, Billig, Braun, Cleveland, Conway, Dammeier, Darneille, Eide, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Keiser, King, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Parlette, Ranker, Roach, Schoesler, Sheldon and Tom

      Voting nay: Senators Baumgartner, Brown, Chase, Ericksen, Holmquist Newbry, Padden, Pearson, Rivers, Rolfes, Schlicher and Smith

      Excused: Senators Carrell, Kline and Shin

SUBSTITUTE SENATE BILL NO. 5913, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SENATE BILL NO. 5892, by Senators Hargrove and Kline

 

Reducing corrections costs.

 

MOTION

 

On motion of Senator Hargrove, Substitute Senate Bill No. 5892 was substituted for Senate Bill No. 5892 and the substitute bill was placed on the second reading and read the second time.

 

MOTION

 

Senator Benton moved that the following amendment by Senators Benton, Brown and Roach be adopted:

0.On page 5, line 32, after "(iii)" insert "The offender has not committed a sex offense as defined in RCW 9.94A.030; (iv)"

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

Senators Benton and Hargrove spoke in favor of adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senators Benton, Brown and Roach on page 5, line 32 to Substitute Senate Bill No. 5892.

The motion by Senator Benton carried and the amendment was adopted by voice vote.

 

MOTION

 

Senator Hargrove moved that the following amendment by Senator Hargrove and others be adopted:

0.On page 8, line 30, after "facility." Strike "The" and insert "Except in a county in which there is a single hospital with which the local correctional facilities may contract and with a state correctional facility housing more than one thousand, five hundred offenders, the"

On page 8, line 35, after "Washington."  Insert "In a county in which there is a single hospital with which the local correctional facilities may contract and with a state correctional facility housing more than one thousand, five hundred offenders, the department of corrections shall pay the difference between the medicaid reimbursement and the amount agreed to by the correctional facility and the provider of hospital services."

Senator Hargrove spoke in favor of adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator Hargrove and others on page 8, line 30 to Substitute Senate Bill No. 5892.

The motion by Senator Hargrove carried and the amendment was adopted by voice vote.

 

MOTION

 

On motion of Senator Hargrove, the rules were suspended, Engrossed Substitute Senate Bill No. 5892 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Hargrove spoke in favor of passage of the bill.

 

      The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5892.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5892 and the bill passed the Senate by the following vote:  Yeas, 42; Nays, 4; Absent, 0; Excused, 3.

      Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Ranker, Rivers, Rolfes, Schlicher, Schoesler, Sheldon and Tom

      Voting nay: Senators Brown, Pearson, Roach and Smith

      Excused: Senators Carrell, Kline and Shin

ENGROSSED SUBSTITUTE SENATE BILL NO. 5892, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

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

 

MESSAGE FROM THE HOUSE

 

April 22, 2013

 

MR. PRESIDENT:

The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1130 and asks the Senate to recede therefrom.

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Hobbs moved that the Senate recede from its position in the Senate amendment(s) to Substitute House Bill No. 1130.

      The President declared the question before the Senate to be motion by Senator Hobbs that the Senate recede from its position in the Senate amendment(s) to Substitute House Bill No. 1130.

The motion by Senator Hobbs carried and the Senate receded from its position in the Senate amendment(s) to Substitute House Bill No. 1130 by voice vote.

 

MOTION

 

On motion of Senator Hobbs, the rules were suspended and Substitute House Bill No. 1130 was returned to second reading for the purposes of amendment.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 1130, by House Committee on Business & Financial Services (originally sponsored by Representatives Hurst and Dahlquist)

 

Modifying who is authorized to redeem an impounded vehicle.

 

The measure was read the second time.

 

MOTION

 

Senator Hobbs moved that the following striking amendment by Senator Hobbs and others be adopted:

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

"Sec. 1.  RCW 46.55.120 and 2009 c 387 s 3 are each amended to read as follows:

      (1)(a) Vehicles or other items of personal property registered or titled with the department that are impounded by registered tow truck operators pursuant to RCW 46.55.080, 46.55.085, 46.55.113, or 9A.88.140 may be redeemed only ((under the following circumstances)) by the following persons or entities:

      (((a) Only)) (i) The legal owner((,));
      (ii) The registered owner((,));
      (iii) A person authorized in writing by the registered owner ((or the vehicle's insurer,));
      (iv) The vehicle's insurer or a vendor working on behalf of the vehicle's insurer;
      (v) A third-party insurer that has a duty to repair or replace the vehicle, has obtained consent from the registered owner or the owner's agent to move the vehicle, and has documented that consent in the insurer's claim file, or a vendor working on behalf of a third-party insurer that has received such consent; provided, however, that at all times the registered owner must be granted access to and may reclaim possession of the vehicle.  For the purposes of this subsection, "owner's agent" means the legal owner of the vehicle, a driver in possession of the vehicle with the registered owner's permission, or an adult member of the registered owner's family;
      (vi) A person who is determined and verified by the operator to have the permission of the registered owner of the vehicle or other item of personal property registered or titled with the department((, or one)); or
      (vii) A person who has purchased a vehicle or item of personal property registered or titled with the department from the registered owner who produces proof of ownership or written authorization and signs a receipt therefor((, may redeem an impounded vehicle or items of personal property registered or titled with the department)).

(b) In addition, a vehicle impounded because the operator is in violation of RCW 46.20.342(1)(c) shall not be released until a person eligible to redeem it under (a) of this subsection (((1)(a))) satisfies the requirements of (((e))) (f) of this subsection, including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered by a government agency.  If the department's records show that the operator has been convicted of a violation of RCW 46.20.342 or a similar local ordinance within the past five years, the vehicle may be held for up to thirty days at the written direction of the agency ordering the vehicle impounded.  A vehicle impounded because the operator is arrested for a violation of RCW 46.20.342 may be released only pursuant to a written order from the agency that ordered the vehicle impounded or from the court having jurisdiction.  An agency shall issue a written order to release pursuant to a provision of an applicable state agency rule or local ordinance authorizing release on the basis of the following:

      (i) Economic or personal hardship to the spouse of the operator, taking into consideration public safety factors, including the operator's criminal history and driving record; or

      (ii) The owner of the vehicle was not the driver, the owner did not know that the driver's license was suspended or revoked, and the owner has not received a prior release under this subsection or RCW 46.55.113(3).

      In order to avoid discriminatory application, other than for the reasons for release set forth in (((a))) (b)(i) and (ii) of this subsection, an agency shall, under a provision of an applicable state agency rule or local ordinance, deny release in all other circumstances without discretion.

      If a vehicle is impounded because the operator is in violation of RCW 46.20.342(1) (a) or (b), the vehicle may be held for up to thirty days at the written direction of the agency ordering the vehicle impounded.  However, if the department's records show that the operator has been convicted of a violation of RCW 46.20.342(1) (a) or (b) or a similar local ordinance within the past five years, the vehicle may be held at the written direction of the agency ordering the vehicle impounded for up to sixty days, and for up to ninety days if the operator has two or more such prior offenses.  If a vehicle is impounded because the operator is arrested for a violation of RCW 46.20.342, the vehicle may not be released until a person eligible to redeem it under (a) of this subsection (((1)(a))) satisfies the requirements of (((e))) (f) of this subsection, including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered by a government agency.

      (((b))) (c) If the vehicle is directed to be held for a suspended license impound, a person who desires to redeem the vehicle at the end of the period of impound shall within five days of the impound at the request of the tow truck operator pay a security deposit to the tow truck operator of not more than one-half of the applicable impound storage rate for each day of the proposed suspended license impound.  The tow truck operator shall credit this amount against the final bill for removal, towing, and storage upon redemption.  The tow truck operator may accept other sufficient security in lieu of the security deposit.  If the person desiring to redeem the vehicle does not pay the security deposit or provide other security acceptable to the tow truck operator, the tow truck operator may process and sell at auction the vehicle as an abandoned vehicle within the normal time limits set out in RCW 46.55.130(1).  The security deposit required by this section may be paid and must be accepted at any time up to twenty-four hours before the beginning of the auction to sell the vehicle as abandoned.  The registered owner is not eligible to purchase the vehicle at the auction, and the tow truck operator shall sell the vehicle to the highest bidder who is not the registered owner.

      (((c))) (d) Notwithstanding (((b))) (c) of this subsection, a rental car business may immediately redeem a rental vehicle it owns by payment of the costs of removal, towing, and storage, whereupon the vehicle will not be held for a suspended license impound.

      (((d))) (e) Notwithstanding (((b))) (c) of this subsection, a motor vehicle dealer or lender with a perfected security interest in the vehicle may redeem or lawfully repossess a vehicle immediately by payment of the costs of removal, towing, and storage, whereupon the vehicle will not be held for a suspended license impound.  A motor vehicle dealer or lender with a perfected security interest in the vehicle may not knowingly and intentionally engage in collusion with a registered owner to repossess and then return or resell a vehicle to the registered owner in an attempt to avoid a suspended license impound.  However, this provision does not preclude a vehicle dealer or a lender with a perfected security interest in the vehicle from repossessing the vehicle and then selling, leasing, or otherwise disposing of it in accordance with chapter 62A.9A RCW, including providing redemption rights to the debtor under RCW 62A.9A-623.  If the debtor is the registered owner of the vehicle, the debtor's right to redeem the vehicle under chapter 62A.9A RCW is conditioned upon the debtor obtaining and providing proof from the impounding authority or court having jurisdiction that any fines, penalties, and forfeitures owed by the registered owner, as a result of the suspended license impound, have been paid, and proof of the payment must be tendered to the vehicle dealer or lender at the time the debtor tenders all other obligations required to redeem the vehicle.  Vehicle dealers or lenders are not liable for damages if they rely in good faith on an order from the impounding agency or a court in releasing a vehicle held under a suspended license impound.

      (((e))) (f) The vehicle or other item of personal property registered or titled with the department shall be released upon the presentation to any person having custody of the vehicle of commercially reasonable tender sufficient to cover the costs of towing, storage, or other services rendered during the course of towing, removing, impounding, or storing any such vehicle, with credit being given for the amount of any security deposit paid under (((b))) (c) of this subsection.  In addition, if a vehicle is impounded because the operator was arrested for a violation of RCW 46.20.342 or 46.20.345 and was being operated by the registered owner when it was impounded under local ordinance or agency rule, it must not be released to any person until the registered owner establishes with the agency that ordered the vehicle impounded or the court having jurisdiction that any penalties, fines, or forfeitures owed by him or her have been satisfied.  Registered tow truck operators are not liable for damages if they rely in good faith on an order from the impounding agency or a court in releasing a vehicle held under a suspended license impound.  Commercially reasonable tender shall include, without limitation, cash, major bank credit cards issued by financial institutions, or personal checks drawn on Washington state branches of financial institutions if accompanied by two pieces of valid identification, one of which may be required by the operator to have a photograph.  If the towing firm cannot determine through the customer's bank or a check verification service that the presented check would be paid by the bank or guaranteed by the service, the towing firm may refuse to accept the check.  Any person who stops payment on a personal check or credit card, or does not make restitution within ten days from the date a check becomes insufficient due to lack of funds, to a towing firm that has provided a service pursuant to this section or in any other manner defrauds the towing firm in connection with services rendered pursuant to this section shall be liable for damages in the amount of twice the towing and storage fees, plus costs and reasonable attorney's fees.

      (2)(a) The registered tow truck operator shall give to each person who seeks to redeem an impounded vehicle, or item of personal property registered or titled with the department, written notice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by a form to be used for requesting a hearing, the name of the person or agency authorizing the impound, and a copy of the towing and storage invoice.  The registered tow truck operator shall maintain a record evidenced by the redeeming person's signature that such notification was provided.

      (b) Any person seeking to redeem an impounded vehicle under this section has a right to a hearing in the district or municipal court for the jurisdiction in which the vehicle was impounded to contest the validity of the impoundment or the amount of towing and storage charges.  The district court has jurisdiction to determine the issues involving all impoundments including those authorized by the state or its agents.  The municipal court has jurisdiction to determine the issues involving impoundments authorized by agents of the municipality.  Any request for a hearing shall be made in writing on the form provided for that purpose and must be received by the appropriate court within ten days of the date the opportunity was provided for in ((subsection (2)))(a) of this subsection and more than five days before the date of the auction.  At the time of the filing of the hearing request, the petitioner shall pay to the court clerk a filing fee in the same amount required for the filing of a suit in district court.  If the hearing request is not received by the court within the ten-day period, the right to a hearing is waived and the registered owner is liable for any towing, storage, or other impoundment charges permitted under this chapter.  Upon receipt of a timely hearing request, the court shall proceed to hear and determine the validity of the impoundment.

      (3)(a) The court, within five days after the request for a hearing, shall notify the registered tow truck operator, the person requesting the hearing if not the owner, the registered and legal owners of the vehicle or other item of personal property registered or titled with the department, and the person or agency authorizing the impound in writing of the hearing date and time.

      (b) At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show that the impoundment, towing, or storage fees charged were not proper.  The court may consider a written report made under oath by the officer who authorized the impoundment in lieu of the officer's personal appearance at the hearing.

      (c) At the conclusion of the hearing, the court shall determine whether the impoundment was proper, whether the towing or storage fees charged were in compliance with the posted rates, and who is responsible for payment of the fees.  The court may not adjust fees or charges that are in compliance with the posted or contracted rates.

      (d) If the impoundment is found proper, the impoundment, towing, and storage fees as permitted under this chapter together with court costs shall be assessed against the person or persons requesting the hearing, unless the operator did not have a signed and valid impoundment authorization from a private property owner or an authorized agent.

      (e) If the impoundment is determined to be in violation of this chapter, then the registered and legal owners of the vehicle or other item of personal property registered or titled with the department shall bear no impoundment, towing, or storage fees, and any security shall be returned or discharged as appropriate, and the person or agency who authorized the impoundment shall be liable for any towing, storage, or other impoundment fees permitted under this chapter.  The court shall enter judgment in favor of the registered tow truck operator against the person or agency authorizing the impound for the impoundment, towing, and storage fees paid.  In addition, the court shall enter judgment in favor of the registered and legal owners of the vehicle, or other item of personal property registered or titled with the department, for the amount of the filing fee required by law for the impound hearing petition as well as reasonable damages for loss of the use of the vehicle during the time the same was impounded against the person or agency authorizing the impound.  However, if an impoundment arising from an alleged violation of RCW 46.20.342 or 46.20.345 is determined to be in violation of this chapter, then the law enforcement officer directing the impoundment and the government employing the officer are not liable for damages if the officer relied in good faith and without gross negligence on the records of the department in ascertaining that the operator of the vehicle had a suspended or revoked driver's license.  If any judgment entered is not paid within fifteen days of notice in writing of its entry, the court shall award reasonable attorneys' fees and costs against the defendant in any action to enforce the judgment.  Notice of entry of judgment may be made by registered or certified mail, and proof of mailing may be made by affidavit of the party mailing the notice.  Notice of the entry of the judgment shall read essentially as follows:

 

TO:  . . . . . .

 

YOU ARE HEREBY NOTIFIED JUDGMENT was entered against you in the . . . . . . Court located at . . . . . . in the sum of $. . . . . ., in an action entitled . . . . . ., Case No. . . . .  YOU ARE FURTHER NOTIFIED that attorneys fees and costs will be awarded against you under RCW . . . if the judgment is not paid within 15 days of the date of this notice.

 

DATED this . . . . day of . . . . . ., (year) . . .

 

                                                   Signature . . . . . . . . . .

                                                                                   Typed name and address

                                                                                   of party mailing notice

      (4) Any impounded abandoned vehicle or item of personal property registered or titled with the department that is not redeemed within fifteen days of mailing of the notice of custody and sale as required by RCW 46.55.110(3) shall be sold at public auction in accordance with all the provisions and subject to all the conditions of RCW 46.55.130.  A vehicle or item of personal property registered or titled with the department may be redeemed at any time before the start of the auction upon payment of the applicable towing and storage fees."

      Senator Hobbs spoke in favor of adoption of the striking amendment.

 

The President declared the question before the Senate to be the adoption of the striking amendment by Senator Hobbs and others to Substitute House Bill No. 1130.

The motion by Senator Hobbs carried and the striking amendment was adopted by voice vote.

 

MOTION

 

There being no objection, the following title amendment was adopted:

On page 1, line 1 of the title, after "vehicles;" strike the remainder of the title and insert "and amending RCW 46.55.120."

 

MOTION

 

On motion of Senator Hobbs, the rules were suspended, Substitute House Bill No. 1130 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Hobbs and Benton spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1130 as amended by the Senate.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Substitute House Bill No. 1130 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Smith and Tom

      Excused: Senators Carrell, Kline and Shin

SUBSTITUTE HOUSE BILL NO. 1130 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

April 22, 2013

 

MR. PRESIDENT:

The House refuses to concur in the Senate amendment(s) to HOUSE BILL NO. 1471 and asks the Senate to recede therefrom.

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Becker moved that the Senate recede from its position in the Senate amendment(s) to House Bill No. 1471.

      The President declared the question before the Senate to be motion by Senator Becker that the Senate recede from its position in the Senate amendment(s) to House Bill No. 1471.

The motion by Senator Becker carried and the Senate receded from its position in the Senate amendment(s) to House Bill No. 1471 by voice vote.

 

MOTION

 

On motion of Senator Becker, the rules were suspended and House Bill No. 1471 was returned to second reading for the purposes of amendment.

 

SECOND READING

 

HOUSE BILL NO. 1471, by Representatives Riccelli, Schmick, Cody, Clibborn, Ross, Short, Rodne, Green, Angel and Morrell

 

Updating and aligning with federal requirements hospital health care-associated infection rate reporting.

 

The measure was read the second time.

 

MOTION

 

Senator Becker moved that the following striking amendment by Senators Becker and Keiser be adopted:

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

"Sec. 1.  RCW 43.70.056 and 2010 c 113 s 1 are each amended to read as follows:

      (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

      (a) "Health care‑associated infection" means a localized or systemic condition that results from adverse reaction to the presence of an infectious agent or its toxins and that was not present or incubating at the time of admission to the hospital.

      (b) "Hospital" means a health care facility licensed under chapter 70.41 RCW.

      (2)(a) A hospital shall collect data related to health care‑associated infections as required under this subsection (2) on the following:

      (i) ((Beginning July 1, 2008,)) Central line‑associated bloodstream infection in ((the intensive care unit)) all hospital inpatient areas where patients normally reside at least twenty-four hours;

      (ii) ((Beginning January 1, 2009, ventilator‑associated pneumonia; and
      (iii) Beginning January 1, 2010,)) Surgical site infection for the following procedures:

      (A) Deep sternal wound for cardiac surgery, including coronary artery bypass graft;

      (B) Total hip and knee replacement surgery; and

      (C) ((Hysterectomy, abdominal and vaginal.
      (b)(i) Except as required under (b)(ii) and (c) of this subsection,)) Colon and abdominal hysterectomy procedures.
      (b) The department shall, by rule, delete, add, or modify categories of reporting when the department determines that doing so is necessary to align state reporting with the reporting categories of the centers for medicare and medicaid services.  The department shall begin rule making forty-five calendar days, or as soon as practicable, after the centers for medicare and medicaid services adopts changes to reporting requirements.
      (c) A hospital must routinely collect and submit the data required to be collected under (a) and (b) of this subsection to the national healthcare safety network of the United States centers for disease control and prevention in accordance with national healthcare safety network definitions, methods, requirements, and procedures.

      (((ii) Until the national health care safety network releases a revised module that successfully interfaces with a majority of computer systems of Washington hospitals required to report data under (a)(iii) of this subsection or three years, whichever occurs sooner, a hospital shall monthly submit the data required to be collected under (a)(iii) of this subsection to the Washington state hospital association's quality benchmarking system instead of the national health care safety network.  The department shall not include data reported to the quality benchmarking system in reports published under subsection (3)(d) of this section.  The data the hospital submits to the quality benchmarking system under (b)(ii) of this subsection:
      (A) Must include the number of infections and the total number of surgeries performed for each type of surgery; and
      (B) Must be the basis for a report developed by the Washington state hospital association and published on its web site that compares the health care-associated infection rates for surgical site infections at individual hospitals in the state using the data reported in the previous calendar year pursuant to this subsection.  The report must be published on December 1, 2010, and every year thereafter until data is again reported to the national health care safety network.
      (c)(i) With respect to any of the health care-associated infection measures for which reporting is required under (a) of this subsection, the department must, by rule, require hospitals to collect and submit the data to the centers for medicare and medicaid services according to the definitions, methods, requirements, and procedures of the hospital compare program, or its successor, instead of to the national healthcare safety network, if the department determines that:
      (A) The measure is available for reporting under the hospital compare program, or its successor, under substantially the same definition; and
      (B) Reporting under this subsection (2)(c) will provide substantially the same information to the public.
      (ii) If the department determines that reporting of a measure must be conducted under this subsection (2)(c), the department must adopt rules to implement such reporting.  The department's rules must require reporting to the centers for medicare and medicaid services as soon as practicable, but not more than one hundred twenty days, after the centers for medicare and medicaid services allow hospitals to report the respective measure to the hospital compare program, or its successor.  However, if the centers for medicare and medicaid services allow infection rates to be reported using the centers for disease control and prevention's national healthcare safety network, the department's rules must require reporting that reduces the burden of data reporting and minimizes changes that hospitals must make to accommodate requirements for reporting.)) If the centers for medicare and medicaid services changes reporting from the national healthcare safety network to another database or through another process, the department shall review the new reporting database or process and consider whether it aligns with the purposes of this section.

      (d) Data collection and submission required under this subsection (2) must be overseen by a qualified individual with the appropriate level of skill and knowledge to oversee data collection and submission.

      (e)(i) A hospital must release to the department, or grant the department access to, its hospital-specific information contained in the reports submitted under this subsection (2), as requested by the department consistent with RCW 70.02.050.

      (ii) The hospital reports obtained by the department under this subsection (2), and any of the information contained in them, are not subject to discovery by subpoena or admissible as evidence in a civil proceeding, and are not subject to public disclosure as provided in RCW 42.56.360.

      (3) The department shall:

      (a) Provide oversight of the health care-associated infection reporting program established in this section;

      (b) By ((January 1, 2011)) November 1, 2013, and biennially thereafter, submit a report to the appropriate committees of the legislature ((based on the recommendations of the advisory committee established in subsection (5) of this section for additional reporting requirements related to health care-associated infections, considering the methodologies and practices of the United States centers for disease control and prevention, the centers for medicare and medicaid services, the joint commission, the national quality forum, the institute for healthcare improvement, and other relevant organizations)) that contains:  (i) Categories of reporting currently required of hospitals under subsection (2)(a) of this section; (ii) categories of reporting the department plans to add, delete, or modify by rule; and (iii) a description of the evaluation process used under (d) of this subsection;

      (c) ((Delete, by rule, the reporting of categories that the department determines are no longer necessary to protect public health and safety;
      (d))) By December 1, 2009, and by each December 1st thereafter, prepare and publish a report on the department's web site that compares the health care-associated infection rates at individual hospitals in the state using the data reported in the previous calendar year pursuant to subsection (2) of this section.  The department may update the reports quarterly.  In developing a methodology for the report and determining its contents, the department shall consider the recommendations of the advisory committee established in subsection (5) of this section.  The report is subject to the following:

      (i) The report must disclose data in a format that does not release health information about any individual patient; and

      (ii) The report must not include data if the department determines that a data set is too small or possesses other characteristics that make it otherwise unrepresentative of a hospital's particular ability to achieve a specific outcome; ((and
      (e))) (d) Evaluate, on a regular basis, the quality and accuracy of health care‑associated infection reporting required under subsection (2) of this section and the data collection, analysis, and reporting methodologies; and
      (e) Provide assistance to hospitals with the reporting requirements of this chapter including definitions of required reporting elements.

      (4) The department may respond to requests for data and other information from the data required to be reported under subsection (2) of this section, at the requestor's expense, for special studies and analysis consistent with requirements for confidentiality of patient records.

      (5)(a) The department shall establish an advisory committee which may include members representing infection control professionals and epidemiologists, licensed health care providers, nursing staff, organizations that represent health care providers and facilities, health maintenance organizations, health care payers and consumers, and the department.  The advisory committee shall make recommendations to assist the department in carrying out its responsibilities under this section, including making recommendations on allowing a hospital to review and verify data to be released in the report and on excluding from the report selected data from certified critical access hospitals.  ((Annually, beginning January 1, 2011, the advisory committee shall also make a recommendation to the department as to whether current science supports expanding presurgical screening for methicillin- resistant staphylococcus aureus prior to open chest cardiac, total hip, and total knee elective surgeries.))

      (b) In developing its recommendations, the advisory committee shall consider methodologies and practices related to health care-associated infections of the United States centers for disease control and prevention, the centers for medicare and medicaid services, the joint commission, the national quality forum, the institute for healthcare improvement, and other relevant organizations.

      (6) The department shall adopt rules as necessary to carry out its responsibilities under this section.

Sec. 2.  RCW 43.70.056 and 2013 c ... s 1 (section 1 of this act) are each amended to read as follows:

      (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

      (a) "Health care‑associated infection" means a localized or systemic condition that results from adverse reaction to the presence of an infectious agent or its toxins and that was not present or incubating at the time of admission to the hospital.

      (b) "Hospital" means a health care facility licensed under chapter 70.41 RCW.

      (2)(a) A hospital shall collect data related to health care‑associated infections as required under this subsection (2) on the following:

      (i) Central line‑associated bloodstream infection in all hospital inpatient areas where patients normally reside at least twenty-four hours;

      (ii) Surgical site infection for ((the following procedures:
      (A) Deep sternal wound for cardiac surgery, including coronary artery bypass graft;
      (B) Total hip and knee replacement surgery; and
      (C))) colon and abdominal hysterectomy procedures.

      (b) The department shall, by rule, delete, add, or modify categories of reporting when the department determines that doing so is necessary to align state reporting with the reporting categories of the centers for medicare and medicaid services.  The department shall begin rule making forty-five calendar days, or as soon as practicable, after the centers for medicare and medicaid services adopts changes to reporting requirements.

      (c) A hospital must routinely collect and submit the data required to be collected under (a) and (b) of this subsection to the national healthcare safety network of the United States centers for disease control and prevention in accordance with national healthcare safety network definitions, methods, requirements, and procedures.

      If the centers for medicare and medicaid services changes reporting from the national healthcare safety network to another database or through another process, the department shall review the new reporting database or process and consider whether it aligns with the purposes of this section.

      (d) Data collection and submission required under this subsection (2) must be overseen by a qualified individual with the appropriate level of skill and knowledge to oversee data collection and submission.

      (e)(i) A hospital must release to the department, or grant the department access to, its hospital-specific information contained in the reports submitted under this subsection (2), as requested by the department consistent with RCW 70.02.050.

      (ii) The hospital reports obtained by the department under this subsection (2), and any of the information contained in them, are not subject to discovery by subpoena or admissible as evidence in a civil proceeding, and are not subject to public disclosure as provided in RCW 42.56.360.

      (3) The department shall:

      (a) Provide oversight of the health care-associated infection reporting program established in this section;

      (b) By November 1, 2013, and biennially thereafter, submit a report to the appropriate committees of the legislature that contains:  (i) Categories of reporting currently required of hospitals under subsection (2)(a) of this section; (ii) categories of reporting the department plans to add, delete, or modify by rule; and (iii) a description of the evaluation process used under (d) of this subsection;

      (c) By December 1, 2009, and by each December 1st thereafter, prepare and publish a report on the department's web site that compares the health care-associated infection rates at individual hospitals in the state using the data reported in the previous calendar year pursuant to subsection (2) of this section.  The department may update the reports quarterly.  In developing a methodology for the report and determining its contents, the department shall consider the recommendations of the advisory committee established in subsection (5) of this section.  The report is subject to the following:

      (i) The report must disclose data in a format that does not release health information about any individual patient; and

      (ii) The report must not include data if the department determines that a data set is too small or possesses other characteristics that make it otherwise unrepresentative of a hospital's particular ability to achieve a specific outcome;

      (d) Evaluate, on a regular basis, the quality and accuracy of health care‑associated infection reporting required under subsection (2) of this section and the data collection, analysis, and reporting methodologies; and

      (e) Provide assistance to hospitals with the reporting requirements of this chapter including definitions of required reporting elements.

      (4) The department may respond to requests for data and other information from the data required to be reported under subsection (2) of this section, at the requestor's expense, for special studies and analysis consistent with requirements for confidentiality of patient records.

      (5)(a) The department shall establish an advisory committee which may include members representing infection control professionals and epidemiologists, licensed health care providers, nursing staff, organizations that represent health care providers and facilities, health maintenance organizations, health care payers and consumers, and the department.  The advisory committee shall make recommendations to assist the department in carrying out its responsibilities under this section, including making recommendations on allowing a hospital to review and verify data to be released in the report and on excluding from the report selected data from certified critical access hospitals.

      (b) In developing its recommendations, the advisory committee shall consider methodologies and practices related to health care-associated infections of the United States centers for disease control and prevention, the centers for medicare and medicaid services, the joint commission, the national quality forum, the institute for healthcare improvement, and other relevant organizations.

      (6) The department shall adopt rules as necessary to carry out its responsibilities under this section.

NEW SECTION.  Sec. 3.  Section 1 of this act expires July 1, 2017.

NEW SECTION.  Sec. 4.  Section 2 of this act takes effect July 1, 2017."

Senator Becker spoke in favor of adoption of the striking amendment.

 

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Becker and Keiser to House Bill No. 1471.

The motion by Senator Becker carried and the striking amendment was adopted by voice vote.

 

MOTION

 

There being no objection, the following title amendment was adopted:

On page 1, line 2 of the title, after "reporting;" strike the remainder of the title and insert "amending RCW 43.70.056 and 43.70.056; providing an effective date; and providing an expiration date."

 

MOTION

 

On motion of Senator Becker, the rules were suspended, House Bill No. 1471 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Becker and Keiser spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of House Bill No. 1471 as amended by the Senate.

 

ROLL CALL

 

The Secretary called the roll on the final passage of House Bill No. 1471 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Smith and Tom

      Excused: Senators Carrell, Kline and Shin

HOUSE BILL NO. 1471 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

April 22, 2013

 

MR. PRESIDENT:

The House refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1552 and asks the Senate to recede therefrom.

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Padden moved that the Senate insist on its position in the Senate amendment(s) to Engrossed Substitute House Bill No. 1552 and ask the House to concur thereon.

      Senator Padden spoke in favor of the motion.

      The President declared the question before the Senate to be motion by Senator Padden that the Senate insist on its position in the Senate amendment(s) to Engrossed Substitute House Bill No. 1552 and ask the House to concur thereon.

The motion by Senator Padden carried and the Senate insisted on its position in the Senate amendment(s) to Engrossed Substitute House Bill No. 1552 and asked the House to concur thereon by voice vote.

 

MESSAGE FROM THE HOUSE

 

April 22, 2013

 

MR. PRESIDENT:

The House refuses to concur in the Senate amendment(s) to HOUSE BILL NO. 1768 and asks the Senate to recede therefrom.

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Eide moved that the Senate recede from its position on House Bill No. 1768 and consider the bill without the Senate amendment(s).

Senator Eide spoke in favor of the motion.

The President declared the question before the Senate to be motion by Senator Eide that the Senate recede from its position on 1768 and consider the bill without Senate amendment(s).

The motion by Senator Eide carried and the Senate receded from its position on House Bill No. 1768 and considered the bill without the Senate amendment(s) by voice vote.

 

The President declared the question before the Senate to be the final passage of House Bill No. 1768 without the Senate amendment(s).

 

ROLL CALL

 

The Secretary called the roll on the final passage of House Bill No. 1768, without the Senate amendment(s), and the bill passed the Senate by the following vote:  Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Smith and Tom

      Excused: Senators Carrell, Kline and Shin

HOUSE BILL NO. 1768, without the Senate amendment(s), having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

April 22, 2013

 

MR. PRESIDENT:

The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1821 and asks the Senate to recede therefrom.

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Pearson moved that the Senate recede from its position on the Senate amendments to Substitute House Bill No. 1821.

      The President declared the question before the Senate to be motion by Senator Pearson that the Senate recede from its position on the Senate amendments to Substitute House Bill No. 1821 by voice vote.

The motion by Senator Pearson carried and the Senate receded from its amendments to Substitute House Bill No. 1821.

 

MOTION

 

On motion of Senator Pearson, the rules were suspended and Substitute House Bill No. 1821 was returned to second reading for the purposes of amendment.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 1821, by House Committee on Early Learning & Human Services (originally sponsored by Representatives Freeman and Santos)

 

Concerning good cause exceptions during permanency hearings.

 

The measure was read the second time.

 

MOTION

 

Senator Darneille moved that the following amendment by Senators Darneille and Pearson be adopted:

0.On page 4, line 7, after "(IV)" strike "Where" and insert "Until June 30, 2015, where"

On page 4, beginning on line 10, after "(V)" strike all material through "service" on line 14 and insert "Until June 30, 2015, where a parent who has been court ordered to complete services necessary for the child's safe return home files a declaration under penalty of perjury stating the parent's financial inability to pay for the same court-ordered services, and also declares the department was unwilling or unable to pay for the same services necessary for the child's safe return home"

Senator Darneille spoke in favor of adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senators Darneille and Pearson on page 4, line 7 to Substitute House Bill No. 1821.

The motion by Senator Darneille carried and the amendment was adopted by voice vote.

 

MOTION

 

On motion of Senator Pearson, the rules were suspended, Substitute House Bill No. 1821 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

 

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1821 as amended by the Senate.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Substitute House Bill No. 1821 as amended by the Senate and the bill passed the Senate by the following vote:

Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Smith and Tom

      Excused: Senators Carrell, Kline and Shin

SUBSTITUTE HOUSE BILL NO. 1821 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

PERSONAL PRIVILEGE

 

Senator Baumgartner:  “I just wanted to thank everybody who participated in the benefit auction for Mike Carrell today over in A/B/C and mention it is still open. if you would like to help the Carrell family. I think I’m the high bidder on the bike ride with Ross Hunter and would challenge anybody to top me on that delectable item. Thank you Mr. President.”

 

MESSAGE FROM THE HOUSE

 

April 22, 2013

 

MR. PRESIDENT:

The House refuses to concur in the Senate amendment(s) to SECOND SUBSTITUTE HOUSE BILL NO. 1723 and asks the Senate to recede therefrom.

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Litzow moved that the Senate recede from its position in the Senate amendment(s) to Second Substitute House Bill No. 1723.

      The President declared the question before the Senate to be motion by Senator Litzow that the Senate recede from its position in the Senate amendment(s) to Second Substitute House Bill No. 1723.

The motion by Senator Litzow carried and the Senate receded from its position in the Senate amendment(s) to Second Substitute House Bill No. 1723 by voice vote.

 

MOTION

 

On motion of Senator Litzow, the rules were suspended and Second Substitute House Bill No. 1723 was returned to second reading for the purposes of amendment.

 

SECOND READING

 

SECOND SUBSTITUTE HOUSE BILL NO. 1723, by House Committee on Appropriations (originally sponsored by Representatives Kagi, Walsh, Farrell, Maxwell, Roberts, Freeman, Goodman, Sawyer, Sullivan, Jinkins, Seaquist, Lytton, Haigh, Hunter, Morrell, Sells, Ryu, Morris, McCoy, Reykdal, Tarleton, Tharinger, Pollet, Fey, Moscoso, Bergquist, Ormsby and Santos)

 

Concerning early learning opportunities.

 

The measure was read the second time.

 

MOTION

 

Senator Litzow moved that the following striking amendment by Senators Litzow and Billig be adopted:

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

"NEW SECTION.  Sec. 1.  A new section is added to chapter 43.215 RCW to read as follows:

      The legislature finds that the first five years of a child's life establish the foundation for educational success.  The legislature also finds that children who have high quality early learning opportunities from birth through age five are more likely to succeed throughout their K-12 education and beyond.  The legislature further finds that the benefits of high quality early learning experiences are particularly significant for low-income parents and children, and provide an opportunity to narrow the opportunity gap in Washington's K-12 educational system.  The legislature understands that early supports for high-risk parents of young children through home visiting services show a high return on investment due to significantly improved chances of better education, health, and life outcomes for children.  The legislature further recognizes that, when parents work or go to school, high quality and full-day early learning opportunities should be available and accessible for their children.  In order to improve education outcomes, particularly for low-income children, the legislature is committed to expanding high quality early learning opportunities and integrating currently disparate funding streams for all birth-to-five early learning services including, working connections child care and the early childhood education and assistance program, into a single high quality continuum of learning that provides essential services to low-income families and prepares all enrolled children for success in school.  The legislature therefore intends to establish the early start program to provide a continuum of high quality and accountable early learning opportunities for Washington's parents and children.

Sec. 2.  RCW 28A.150.220 and 2011 1st sp.s. c 27 s 1 are each amended to read as follows:

      (1) In order for students to have the opportunity to develop the basic education knowledge and skills under RCW 28A.150.210, school districts must provide instruction of sufficient quantity and quality and give students the opportunity to complete graduation requirements that are intended to prepare them for postsecondary education, gainful employment, and citizenship.  The program established under this section shall be the minimum instructional program of basic education offered by school districts.

      (2) Each school district shall make available to students the following minimum instructional offering each school year:

      (a) For students enrolled in grades one through twelve, at least a district-wide annual average of one thousand hours, which shall be increased to at least one thousand eighty instructional hours for students enrolled in each of grades seven through twelve and at least one thousand instructional hours for students in each of grades one through six according to an implementation schedule adopted by the legislature, but not before the 2014-15 school year; and

      (b) For students enrolled in kindergarten, at least four hundred fifty instructional hours, which shall be increased to at least one thousand instructional hours according to the implementation schedule under RCW 28A.150.315.

      (3) The instructional program of basic education provided by each school district shall include:

      (a) Instruction in the essential academic learning requirements under RCW 28A.655.070;

      (b) Instruction that provides students the opportunity to complete twenty-four credits for high school graduation, subject to a phased-in implementation of the twenty-four credits as established by the legislature.  Course distribution requirements may be established by the state board of education under RCW 28A.230.090;

      (c) If the essential academic learning requirements include a requirement of languages other than English, the requirement may be met by students receiving instruction in one or more American Indian languages;

      (d) Supplemental instruction and services for underachieving students through the learning assistance program under RCW 28A.165.005 through 28A.165.065;

      (e) Supplemental instruction and services for eligible and enrolled students whose primary language is other than English through the transitional bilingual instruction program under RCW 28A.180.010 through 28A.180.080;

      (f) The opportunity for an appropriate education at public expense as defined by RCW 28A.155.020 for all eligible students with disabilities as defined in RCW 28A.155.020; and

      (g) Programs for highly capable students under RCW 28A.185.010 through 28A.185.030.

      (4) Nothing contained in this section shall be construed to require individual students to attend school for any particular number of hours per day or to take any particular courses.

      (5) Each school district's kindergarten through twelfth grade basic educational program shall be accessible to all students who are five years of age, as provided by RCW 28A.225.160, and less than twenty-one years of age and shall consist of a minimum of one hundred eighty school days per school year in such grades as are conducted by a school district, and one hundred eighty half-days of instruction, or equivalent, in kindergarten, to be increased to a minimum of one hundred eighty school days per school year according to the implementation schedule under RCW 28A.150.315.  However, schools administering the Washington kindergarten inventory of developing skills may use up to three school days at the beginning of the school year to meet with parents and families as required in the parent involvement component of the inventory.  In addition, effective May 1, 1979, a school district may schedule the last five school days of the one hundred and eighty day school year for noninstructional purposes in the case of students who are graduating from high school, including, but not limited to, the observance of graduation and early release from school upon the request of a student, and all such students may be claimed as a full‑time equivalent student to the extent they could otherwise have been so claimed for the purposes of RCW 28A.150.250 and 28A.150.260.

      (6) Nothing in this section precludes a school district from enriching the instructional program of basic education, such as offering additional instruction or providing additional services, programs, or activities that the school district determines to be appropriate for the education of the school district's students.

      (7) The state board of education shall adopt rules to implement and ensure compliance with the program requirements imposed by this section, RCW 28A.150.250 and 28A.150.260, and such related supplemental program approval requirements as the state board may establish.

Sec. 3.  RCW 43.215.010 and 2011 c 295 s 3 and 2011 c 78 s 1 are each reenacted and amended to read as follows:

      The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

      (1) "Agency" means any person, firm, partnership, association, corporation, or facility that provides child care and early learning services outside a child's own home and includes the following irrespective of whether there is compensation to the agency:

      (a) "Child day care center" means an agency that regularly provides ((child day care)) early childhood education and early learning services for a group of children for periods of less than twenty-four hours;

      (b) "Early learning" includes but is not limited to programs and services for child care; state, federal, private, and nonprofit preschool; child care subsidies; child care resource and referral; parental education and support; and training and professional development for early learning professionals;

      (c) "Family day care provider" means a child ((day)) care provider who regularly provides ((child day care)) early childhood education and early learning services for not more than twelve children in the provider's home in the family living quarters;

      (d) "Nongovernmental private-public partnership" means an entity registered as a nonprofit corporation in Washington state with a primary focus on early learning, school readiness, and parental support, and an ability to raise a minimum of five million dollars in contributions;

      (e) "Service provider" means the entity that operates a community facility.

      (2) "Agency" does not include the following:

      (a) Persons related to the child in the following ways:

      (i) Any blood relative, including those of half-blood, and including first cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great;

      (ii) Stepfather, stepmother, stepbrother, and stepsister;

      (iii) A person who legally adopts a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law; or

      (iv) Spouses of any persons named in (a)(i), (ii), or (iii) of this subsection (2)(((a))), even after the marriage is terminated;

      (b) Persons who are legal guardians of the child;

      (c) Persons who care for a neighbor's or friend's child or children, with or without compensation, where the person providing care for periods of less than twenty-four hours does not conduct such activity on an ongoing, regularly scheduled basis for the purpose of engaging in business, which includes, but is not limited to, advertising such care;

      (d) Parents on a mutually cooperative basis exchange care of one another's children;

      (e) Nursery schools ((or kindergartens)) that are engaged primarily in ((educational work)) early childhood education with preschool children and in which no child is enrolled on a regular basis for more than four hours per day;

      (f) Schools, including boarding schools, that are engaged primarily in education, operate on a definite school year schedule, follow a stated academic curriculum, accept only school-age children, and do not accept custody of children;

      (g) Seasonal camps of three months' or less duration engaged primarily in recreational or educational activities;

      (h) Facilities providing child care for periods of less than twenty-four hours when a parent or legal guardian of the child remains on the premises of the facility for the purpose of participating in:

      (i) Activities other than employment; or

      (ii) Employment of up to two hours per day when the facility is operated by a nonprofit entity that also operates a licensed child care program at the same facility in another location or at another facility;

      (i) ((Any agency having been in operation in this state ten years before June 8, 1967, and not seeking or accepting moneys or assistance from any state or federal agency, and is supported in part by an endowment or trust fund;
      (j) An agency)) A program operated by any unit of local, state, or federal government or an agency, located within the boundaries of a federally recognized Indian reservation, licensed by the Indian tribe;

      (((k) An agency)) (j) A program located on a federal military reservation, except where the military authorities request that such agency be subject to the licensing requirements of this chapter;

      (((l) An agency)) (k) A program that offers early learning and support services, such as parent education, and does not provide child care services on a regular basis.

      (3) "Applicant" means a person who requests or seeks employment in an agency.

      (4) "Conviction information" means criminal history record information relating to an incident which has led to a conviction or other disposition adverse to the applicant.

      (5) "Department" means the department of early learning.

      (6) "Director" means the director of the department.

      (7) "Early achievers" means a program that improves the quality of early learning programs and supports and rewards providers for their participation.
      (8) "Early start" means an integrated high quality continuum of early learning programs for children birth-to-five years of age.  Components of early start include, but are not limited to, the following:
      (a) Home visiting and parent education and support programs;
      (b) The early achievers program described in RCW 43.215.100;
      (c) Integrated full-day and part-day high quality early learning programs; and
      (d) High quality preschool for children whose family income is at or below one hundred ten percent of the federal poverty level.
      (9) "Employer" means a person or business that engages the services of one or more people, especially for wages or salary to work in an agency.

      (((8))) (10) "Enforcement action" means denial, suspension, revocation, modification, or nonrenewal of a license pursuant to RCW 43.215.300(1) or assessment of civil monetary penalties pursuant to RCW 43.215.300(3).

      (((9))) (11) "Negative action" means a court order, court judgment, or an adverse action taken by an agency, in any state, federal, tribal, or foreign jurisdiction, which results in a finding against the applicant reasonably related to the individual's character, suitability, and competence to care for or have unsupervised access to children in child care.  This may include, but is not limited to:

      (a) A decision issued by an administrative law judge;

      (b) A final determination, decision, or finding made by an agency following an investigation;

      (c) An adverse agency action, including termination, revocation, or denial of a license or certification, or if pending adverse agency action, the voluntary surrender of a license, certification, or contract in lieu of the adverse action;

      (d) A revocation, denial, or restriction placed on any professional license; or

      (e) A final decision of a disciplinary board.

      (((10))) (12) "Nonconviction information" means arrest, founded allegations of child abuse, or neglect pursuant to chapter 26.44 RCW, or other negative action adverse to the applicant.

      (((11))) (13) "Probationary license" means a license issued as a disciplinary measure to an agency that has previously been issued a full license but is out of compliance with licensing standards.

      (((12))) (14) "Requirement" means any rule, regulation, or standard of care to be maintained by an agency.

(15) "Washington state preschool program" means an education program for children three-to-five years of age who have not yet entered kindergarten, such as the early childhood education and assistance program.

NEW SECTION.  Sec. 4.  (1)(a) The chairs of the early learning committees of the legislature shall convene a technical working group to:

      (i) Review federal and state early education funding streams;

      (ii) Develop technical options for aligning eligibility requirements for child care and Washington state preschool;

      (iii) Develop recommendations for an effective and responsive eligibility system;

      (iv) Develop technical options for system designs that blend and braid disparate federal and state funding streams into a single program, including the option of applying for waivers from existing federal requirements; and

      (v) Present findings and options in a report to the early learning committees of both houses of the legislature by December 1, 2013.

      (b) At a minimum, the technical working group must be composed of financial and policy staff from the department of social and health services and the department of early learning.

      (2) The technical working group shall provide monthly progress reports to the staff of the legislative early learning committees and the relevant legislative fiscal committees.  The legislative staff shall share the progress reports with the chairs of the legislative committees.  The chairs of the committees may provide additional guidance to the working group through legislative staff depending on the information that is shared with the chairs.

      (3) This section expires December 31, 2013.

Sec. 5.  RCW 43.215.020 and 2010 c 233 s 1, 2010 c 232 s 2, and 2010 c 231 s 6 are each reenacted and amended to read as follows:

      (1) The department of early learning is created as an executive branch agency.  The department is vested with all powers and duties transferred to it under this chapter and such other powers and duties as may be authorized by law.

      (2) The primary duties of the department are to implement state early learning policy and to coordinate, consolidate, and integrate child care and early learning programs in order to administer programs and funding as efficiently as possible.  The department's duties include, but are not limited to, the following:

      (a) To support both public and private sectors toward a comprehensive and collaborative system of early learning that serves parents, children, and providers and to encourage best practices in child care and early learning programs;

      (b) To make early learning resources available to parents and caregivers;

      (c) To carry out activities, including providing clear and easily accessible information about quality and improving the quality of early learning opportunities for young children, in cooperation with the nongovernmental private‑public partnership;

      (d) To administer child care and early learning programs;

      (e) To apply data already collected comparing the following factors and make biennial recommendations to the legislature regarding working connections subsidy and state-funded preschool rates and compensation models that would attract and retain high quality early learning professionals:
      (i) State-funded early learning subsidy rates and market rates of licensed early learning homes and centers;
      (ii) Compensation of early learning educators in licensed centers and homes and early learning teachers at state higher education institutions;
      (iii) State-funded preschool program compensation rates and Washington state head start program compensation rates; and
      (iv) State-funded preschool program compensation to compensation in similar comprehensive programs in other states.
      (f) To serve as the state lead agency for Part C of the federal individuals with disabilities education act (IDEA);

      (((f))) (g) To standardize internal financial audits, oversight visits, performance benchmarks, and licensing criteria, so that programs can function in an integrated fashion;

      (((g))) (h) To support the implementation of the nongovernmental private-public partnership and cooperate with that partnership in pursuing its goals including providing data and support necessary for the successful work of the partnership;

      (((h))) (i) To work cooperatively and in coordination with the early learning council;

      (((i))) (j) To collaborate with the K-12 school system at the state and local levels to ensure appropriate connections and smooth transitions between early learning and K-12 programs;

      (((j))) (k) To develop and adopt rules for administration of the program of early learning established in RCW 43.215.141;

      (((k))) (l) To develop a comprehensive birth-to-three plan to provide education and support through a continuum of options including, but not limited to, services such as:  Home visiting; quality incentives for infant and toddler child care subsidies; quality improvements for family home and center-based child care programs serving infants and toddlers; professional development; early literacy programs; and informal supports for family, friend, and neighbor caregivers; and

      (((l))) (m) Upon the development of an early learning information system, to make available to parents timely inspection and licensing action information and provider comments through the internet and other means.

      (3) When additional funds are appropriated for the specific purpose of home visiting and parent and caregiver support, the department must reserve at least eighty percent for home visiting services to be deposited into the home visiting services account and up to twenty percent of the new funds for other parent or caregiver support.
      (4) Home visiting services must include programs that serve families involved in the child welfare system.
      (5) Subject to the availability of amounts appropriated for this specific purpose, the legislature shall fund the expansion in the Washington state preschool program pursuant to RCW 43.215.142 in fiscal year 2014.
      (6) The department's programs shall be designed in a way that respects and preserves the ability of parents and legal guardians to direct the education, development, and upbringing of their children, and that recognizes and honors cultural and linguistic diversity.  The department shall include parents and legal guardians in the development of policies and program decisions affecting their children.

Sec. 6.  RCW 43.215.100 and 2007 c 394 s 4 are each amended to read as follows:

(1) Subject to the availability of amounts appropriated for this specific purpose, the department, in collaboration with community and statewide partners, shall implement a voluntary quality rating and improvement system, called the early achievers program, that is applicable to licensed or certified child care centers and homes and early education programs.

(2) The purpose of the ((voluntary quality rating and improvement system)) early achievers program is:  (a) To give parents clear and easily accessible information about the quality of child care and early education programs, support improvement in early learning programs throughout the state, increase the readiness of children for school, and close the disparity in access to quality care; and (b) to establish a common set of expectations and standards that define, measure, and improve the quality of early learning settings.

(3) Participation in the early achievers program is voluntary for licensed or certified child care centers and homes.
      (4) By fiscal year 2015, Washington state preschool programs receiving state funds must enroll in the early achievers program and maintain a minimum score level.
      (5) Before final implementation of the ((voluntary quality rating and improvement system)) early achievers program, the department shall report on program progress, as defined within the race to the top federal grant award, and expenditures to the appropriate policy and fiscal committees of the legislature.  Nothing in this section changes the department's responsibility to collectively bargain over mandatory subjects.

Sec. 7.  RCW 43.215.430 and 1994 c 166 s 8 are each amended to read as follows:

      The department shall review applications from public or private nonsectarian organizations for state funding of early childhood education and assistance programs ((and award funds as determined by department rules and based on)).  The department shall consider local community needs ((and)), demonstrated capacity ((to provide services)), and the need to support a mixed delivery system of early learning that includes alternative models for delivery including licensed centers and licensed family child care providers when reviewing applications.

Sec. 8.  RCW 43.215.545 and 2006 c 265 s 204 are each amended to read as follows:

      The department of early learning shall:

      (1) Work in conjunction with the statewide child care resource and referral network as well as local governments, nonprofit organizations, businesses, and community child care advocates to create local child care resource and referral organizations.  These organizations may carry out needs assessments, resource development, provider training, technical assistance, and parent information and training;

      (2) Actively seek public and private money for distribution as grants to the statewide child care resource and referral network and to existing or potential local child care resource and referral organizations;

      (3) Adopt rules regarding the application for and distribution of grants to local child care resource and referral organizations.  The rules shall, at a minimum, require an applicant to submit a plan for achieving the following objectives:

      (a) Provide parents with information about child care resources, including location of services and subsidies;

      (b) Carry out child care provider recruitment and training programs, including training under RCW 74.25.040;

      (c) Offer support services, such as parent and provider seminars, toy-lending libraries, and substitute banks;

      (d) Provide information for businesses regarding child care supply and demand;

      (e) Advocate for increased public and private sector resources devoted to child care;

      (f) Provide technical assistance to employers regarding employee child care services; and

      (g) Serve recipients of temporary assistance for needy families and working parents with incomes at or below household incomes of ((one)) two hundred ((seventy-five)) percent of the federal poverty line;

      (4) Provide staff support and technical assistance to the statewide child care resource and referral network and local child care resource and referral organizations;

      (5) Maintain a statewide child care licensing data bank and work with department licensors to provide information to local child care resource and referral organizations about licensed child care providers in the state;

      (6) Through the statewide child care resource and referral network and local resource and referral organizations, compile data about local child care needs and availability for future planning and development;

      (7) Coordinate with the statewide child care resource and referral network and local child care resource and referral organizations for the provision of training and technical assistance to child care providers; ((and))

      (8) Collect and assemble information regarding the availability of insurance and of federal and other child care funding to assist state and local agencies, businesses, and other child care providers in offering child care services;
      (9) Subject to the availability of amounts appropriated for this specific purpose, beginning September 1, 2013, increase the base rate for all child care providers by ten percent;
      (10) Subject to the availability of amounts appropriated for this specific purpose, provide tiered subsidy rate enhancements to child care providers if the provider meets the following requirements:
      (a) The provider enrolls in quality rating and improvement system levels 2, 3, 4, or 5;
      (b) The provider is actively participating in the early achievers program;
      (c) The provider continues to advance towards level 5 of the early achievers program; and
      (d) The provider must complete level 2 within thirty months or the reimbursement rate returns the level 1 rate; and
      (11) Require exempt providers to participate in continuing education, if adequate funding is available.

Sec. 9.  RCW 43.215.135 and 2012 c 253 s 5 and 2012 c 251 s 1 are each reenacted and amended to read as follows:

      (1) The department shall establish and implement policies in the working connections child care program to promote stability and quality of care for children from low-income households.  Policies for the expenditure of funds constituting the working connections child care program must be consistent with the outcome measures defined in RCW 74.08A.410 and the standards established in this section intended to promote continuity of care for children.

      (2) Beginning in fiscal year 2013, authorizations for the working connections child care subsidy shall be effective for twelve months unless a change in circumstances necessitates reauthorization sooner than twelve months.  The twelve-month certification applies only if the enrollments in the child care subsidy or working connections child care program are capped.

(3) Subject to the availability of amounts appropriated for this specific purpose, beginning September 1, 2013, working connections child care providers shall receive a five percent increase in the subsidy rate for enrolling in level 2 in the early achievers programs.  Providers must complete level 2 and advance to level 3 within thirty months in order to maintain this increase."

 

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Litzow and Billig to Second Substitute House Bill No. 1723.

The motion by Senator Litzow carried and the striking amendment was adopted by voice vote.

 

MOTION

 

There being no objection, the following title amendment was adopted:

On page 1, line 2 of the title, after "programs;" strike the remainder of the title and insert "amending RCW 28A.150.220, 43.215.100, and 43.215.430; reenacting and amending RCW 43.215.010, 43.215.020, and 43.215.135; adding a new section to chapter 43.215 RCW; creating a new section; and providing an expiration date."

 

MOTION

 

On motion of Senator Litzow, the rules were suspended, Second Substitute House Bill No. 1723 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Litzow and Billig spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Second Substitute House Bill No. 1723 as amended by the Senate.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Second Substitute House Bill No. 1723 as amended by the Senate and the bill passed the Senate by the following vote:

Yeas, 44; Nays, 3; Absent, 0; Excused, 2.

Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon and Tom

      Voting nay: Senators Hasegawa, Padden and Smith

      Excused: Senators Carrell and Shin

SECOND SUBSTITUTE HOUSE BILL NO. 1723 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

On motion of Senator Fain, the Senate advanced to the sixth order of business.

 

MOTION

 

On motion of Senator Fain, the following measures under consideration on the 2^nd and 3^rd reading calendar were referred to the Committee on Rules and placed in the Committee’s “X” file: Substitute House Bill No. 1010; Substitute House Bill No. 1016; Substitute House Bill No. 1032; Engrossed Substitute House Bill No. 1090; Substitute House Bill No. 1107; Engrossed Substitute House Bill No. 1199; Engrossed Substitute House Bill No. 1204; House Bill No. 1251; House Bill No. 1339; House Bill No. 1361; Substitute House Bill No. 1382; Substitute House Bill No. 1409; House Bill No. 1419; Substitute House Bill No. 1459; Engrossed House Bill No. 1470; Substitute House Bill No. 1527; House Bill No. 1531; Engrossed House Bill No. 1538; House Bill No. 1544; House Bill No. 1570; Substitute House Bill No. 1614; Engrossed Substitute House Bill No. 1620; Substitute House Bill No. 1638; Engrossed Substitute House Bill No. 1651; Substitute House Bill No. 1669; House Bill No. 1715; Engrossed Second Substitute House Bill No. 1727; Engrossed Substitute House Bill No. 1773; Substitute House Bill No. 1840; Substitute House Bill No. 1841; Engrossed Substitute House Bill No. 1950; Senate Bill No. 5159.

 

MOTION

 

At 3:53 p.m., on motion of Senator Fain, the Senate adjourned until 10:30 a.m. Thursday, April 25, 2013.

 

BRAD OWEN, President of the Senate

 

HUNTER GOODMAN, Secretary of the Senate

 

 

 

1001-S

President Signed..................................................................... 5

Speaker Signed....................................................................... 2

1010-S

Other Action......................................................................... 44

1016-S

Other Action......................................................................... 44

1032-S

Other Action......................................................................... 44

1068-S

President Signed..................................................................... 5

Speaker Signed....................................................................... 2

1076-S

President Signed..................................................................... 5

Speaker Signed....................................................................... 2

1090-S

Other Action......................................................................... 44

1093-S

President Signed..................................................................... 5

Speaker Signed....................................................................... 2

1107-S

Other Action......................................................................... 44

1114-S2

President Signed..................................................................... 5

Speaker Signed....................................................................... 2

1130-S

Messages.............................................................................. 32

Other Action................................................................... 32, 34

Second Reading................................................................... 32

Third Reading Final Passage............................................... 35

1144-S

President Signed..................................................................... 5

Speaker Signed....................................................................... 2

1178

President Signed..................................................................... 5

Speaker Signed....................................................................... 2

1194

President Signed..................................................................... 5

Speaker Signed....................................................................... 2

1199-S

Other Action......................................................................... 44

1204-S

Other Action......................................................................... 44

1207

President Signed..................................................................... 5

Speaker Signed....................................................................... 2

1242-S

Messages................................................................................ 2

1245-S

Messages................................................................................ 2

1251

Other Action......................................................................... 44

1265-S

President Signed..................................................................... 5

Speaker Signed....................................................................... 2

1284-S

President Signed..................................................................... 5

Speaker Signed....................................................................... 2

1334-S

President Signed..................................................................... 5

Speaker Signed....................................................................... 2

1336-S

President Signed..................................................................... 5

Speaker Signed....................................................................... 2

1339

Other Action......................................................................... 44

1341-S

President Signed..................................................................... 5

Speaker Signed....................................................................... 2

1361

Other Action......................................................................... 44

1382-S

Other Action......................................................................... 44

1409-S

Other Action......................................................................... 44

1412-S

Messages................................................................................ 2

1416-S2

President Signed..................................................................... 5

Speaker Signed....................................................................... 2

1419

Other Action......................................................................... 44

1445-S2

President Signed..................................................................... 5

Speaker Signed....................................................................... 2

1459-S

Other Action......................................................................... 44

1466-S

Messages................................................................................ 2

1470

Other Action......................................................................... 44

1471

Messages.............................................................................. 35

Other Action................................................................... 35, 37

Second Reading................................................................... 35

Third Reading Final Passage............................................... 38

1472-S

President Signed..................................................................... 5

Speaker Signed....................................................................... 2

1474

President Signed..................................................................... 5

Speaker Signed....................................................................... 2

1493

President Signed..................................................................... 5

Speaker Signed....................................................................... 2

1519-S

President Signed..................................................................... 5

Speaker Signed....................................................................... 2

1525-S

President Signed..................................................................... 5

Speaker Signed....................................................................... 2

1527-S

Other Action......................................................................... 44

1531

Other Action......................................................................... 44

1538

Other Action......................................................................... 44

1544

Other Action......................................................................... 44

1552-S

Messages.............................................................................. 38

1556-S

President Signed..................................................................... 5

Speaker Signed....................................................................... 2

1566-S2

President Signed..................................................................... 5

Speaker Signed....................................................................... 2

1570

Other Action......................................................................... 44

1612-S

Messages................................................................................ 2

1614-S

Other Action......................................................................... 44

1620-S

Other Action......................................................................... 44

1633-S

President Signed..................................................................... 5

Speaker Signed....................................................................... 2

1638-S

Other Action......................................................................... 44

1642-S2

President Signed..................................................................... 5

Speaker Signed....................................................................... 2

1645

President Signed..................................................................... 5

Speaker Signed....................................................................... 2

1651-S

Other Action......................................................................... 44

1669-S

Other Action......................................................................... 44

1679-S

President Signed..................................................................... 5

Speaker Signed....................................................................... 2

1688-S

President Signed..................................................................... 5

Speaker Signed....................................................................... 2

1715

Other Action......................................................................... 44

1723-S2

Messages.............................................................................. 39

Other Action................................................................... 39, 43

Second Reading............................................................. 39, 40

Third Reading Final Passage............................................... 44

1727-S2

Other Action......................................................................... 44

1736

President Signed..................................................................... 5

Speaker Signed....................................................................... 2

1737-S

President Signed..................................................................... 5

Speaker Signed....................................................................... 2

1764-S2

Messages................................................................................ 2

1768

Messages.............................................................................. 38

1773-S

Other Action......................................................................... 44

1774-S

President Signed..................................................................... 5

Speaker Signed....................................................................... 2

1779-S

Messages................................................................................ 2

1800

President Signed..................................................................... 6

Speaker Signed....................................................................... 2

1821-S

Messages.............................................................................. 38

Other Action......................................................................... 39

Second Reading................................................................... 39

Third Reading Final Passage............................................... 39

1826

President Signed..................................................................... 6

Speaker Signed....................................................................... 2

1840-S

Other Action......................................................................... 44

1841-S

Other Action......................................................................... 44

1846-S

President Signed..................................................................... 6

Speaker Signed....................................................................... 2

1883-S

President Signed..................................................................... 6

Speaker Signed....................................................................... 2

1941-S

Messages................................................................................ 2

1950-S

Other Action......................................................................... 44

1968-S

President Signed..................................................................... 6

Speaker Signed....................................................................... 2

2024

Introduction & 1^st Reading..................................................... 2

5002-S

Speaker Signed....................................................................... 2

5022-S

Speaker Signed....................................................................... 2

5050

Speaker Signed....................................................................... 2

5053

Final Passage as amended by House.................................... 15

Messages.............................................................................. 10

Other Action......................................................................... 14

5078-S2

Speaker Signed....................................................................... 2

5099

President Signed..................................................................... 4

5102

President Signed..................................................................... 4

5104

President Signed..................................................................... 4

5105

President Signed................................................................... 15

5113

President Signed..................................................................... 4

5135-S

President Signed..................................................................... 4

5136

President Signed..................................................................... 5

5145

President Signed..................................................................... 5

5148-S

President Signed................................................................... 15

5152-S

Speaker Signed....................................................................... 2

5159

Other Action......................................................................... 44

5161

Speaker Signed....................................................................... 2

5197-S2

Speaker Signed....................................................................... 2

5206

President Signed..................................................................... 5

5215-S2

President Signed................................................................... 15

5220

President Signed..................................................................... 5

5256-S

President Signed..................................................................... 5

5287-S

Final Passage as amended by House.................................... 23

Messages.............................................................................. 15

Other Action......................................................................... 23

5308-S

President Signed..................................................................... 5

5329-S2

Speaker Signed....................................................................... 2

5355

Speaker Signed....................................................................... 2

5359

Speaker Signed....................................................................... 2

5369-S

President Signed..................................................................... 5

5389-S2

President Signed..................................................................... 5

5399-S

President Signed..................................................................... 5

5434-S

Speaker Signed....................................................................... 2

5449-S

Final Passage as amended by House.................................... 26

Messages.............................................................................. 23

Other Action......................................................................... 26

5459-S

President Signed................................................................... 15

5465

President Signed................................................................... 15

5480-S

President Signed................................................................... 15

5507-S

President Signed..................................................................... 5

5510

Messages................................................................................ 8

5551-S

Final Passage as amended by House.................................... 27

Messages.............................................................................. 26

Other Action......................................................................... 27

5556-S

President Signed................................................................... 15

5565-S

Speaker Signed....................................................................... 2

5577-S

Final Passage as amended by House.................................... 29

Messages.............................................................................. 27

Other Action......................................................................... 29

5591-S

Speaker Signed....................................................................... 2

5601-S

Final Passage as amended by House.................................... 30

Messages.............................................................................. 29

Other Action......................................................................... 30

5630-S

President Signed................................................................... 15

5666

Messages................................................................................ 8

5674

President Signed..................................................................... 5

5692

President Signed................................................................... 15

5699

President Signed..................................................................... 5

5705-S

Messages................................................................................ 6

5723-S

President Signed..................................................................... 5

5748

President Signed................................................................... 15

5809

Speaker Signed....................................................................... 2

5810

Final Passage as amended by House.................................... 31

Messages.............................................................................. 30

Other Action......................................................................... 31

5892

Second Reading................................................................... 31

5892-S

Second Reading............................................................. 31, 32

Third Reading Final Passage............................................... 32

5901

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

5913

Second Reading................................................................... 31

5913-S

Second Reading................................................................... 31

Third Reading Final Passage............................................... 31

5916

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

8005

President Signed................................................................... 15

8401-S

President Signed................................................................... 15

8651

Adopted.................................................................................. 3

Introduced.............................................................................. 3

9089 Marc Daudon

Confirmed.............................................................................. 3

9104 John Glenn

Confirmed.............................................................................. 4

9110 Erin Harms

Confirmed.............................................................................. 4

9129 James Kemp

Confirmed.............................................................................. 4

9139 Kristina Mayer

Confirmed.............................................................................. 5

9191 Kathy Turner

Confirmed.............................................................................. 5

Gene C. Sharratt

9218 Introduction................................................................... 1

John Wiesman

9219 Introduction................................................................... 1

MESSAGE FROM GOVERNOR

Gubernatorial Appointments.................................................. 1

PRESIDENT OF THE SENATE

Intro. Special Guests, member of Citizens of Taiwan and the state of Washington....................................................................... 3

Remarks by the President..................................................... 31

Thomas Karier

9217 Introduction................................................................... 1

WASHINGTON STATE SENATE

Personal Privilege, Senator Baumgartner............................ 39

Point of Inquiry, Senator Dammeier.................................... 31