In the

Legislature

of the State

of Washington

DIGEST SUPPLEMENT

To Legislative Digest and History of Bills

Supplement No. 47*

FIFTY-EIGHTH LEGISLATURE

Wednesday, March 19, 2003 66th Day - 2003 Regular

SENATE HOUSE

SB 5352-S

SB 5450

SB 5692-S

SB 5904-S

SB 6033

SB 6034

SB 6035

SB 6036

SB 6037

SB 6038

SB 6039

SB 6040

SB 6041

SB 6042

SB 6043

SB 6044

SB 6045

SB 6046

SB 6047

SB 6048

HB 1808

HB 1827-S

HB 1843-S

HB 1936-S

HB 2045

HB 2089-S

HB 2147-S

HB 2224

LIST OF BILLS IN DIGEST SUPPLEMENTS

See separate publication in Bill Room for List of Bills for Supplements 1 through 43

SENATE HOUSE

SB 5106. . . . . . . . . . . . .. .Supp. 44

SB 5142-S. . . . . . . . . . . . .Supp. 44

SB 5536-S. . . . . . . . . . . . .Supp. 44

SB 5586-S. . . . . . . . . . . . .Supp. 44

SB 5953. . . . . . . . . . . . .. .Supp. 44

SB 6031. . . . . . . . . . . . .. .Supp. 45

SB 6032. . . . . . . . . . . . .. .Supp. 45

HB 1109. . . . . . . . . . . . . . Supp. 45

HB 1151-S. . . . . . . . . . . . Supp. 44

HB 1431-S. . . . . . . . . . . . Supp. 45

HB 1438-S. . . . . . . . . . . . Supp. 46

HB 1616. . . . . . . . . . . . . . Supp. 45

HB 1656-S. . . . . . . . . . . . Supp. 44

HB 1717. . . . . . . . . . . . . . Supp. 45

HB 1742-S. . . . . . . . . . . . Supp. 44

HB 1852-S. . . . . . . . . . . . Supp. 46

HB 1853-S. . . . . . . . . . . . Supp. 46

HB 2021-S. . . . . . . . . . . . Supp. 46

HB 2043-S. . . . . . . . . . . . Supp. 44

HB 2067. . . . . . . . . . . . . . Supp. 46

HB 2219. . . . . . . . . . . . . . Supp. 44

HB 2220. . . . . . . . . . . . . . Supp. 45

HB 2221. . . . . . . . . . . . . . Supp. 45

HB 2222. . . . . . . . . . . . . . Supp. 46

HB 2223. . . . . . . . . . . . . . Supp. 46

HJM 4024. . . . . . . . . . .. . Supp. 45

*To be discarded upon receipt of Edition No. 1 of the Legislative Digest and History of Bills

House Bills

HB 1808

by Representatives Kenney, Cox, Fromhold, Priest, Berkey, Jarrett, Gombosky, Morrell, Chase, McCoy and Lantz

Requiring standards of review before changing lines of instruction at research universities.

(AS OF HOUSE 2ND READING 3/15/03)

Provides that, if a four-year institution requests approval under RCW 28B.80.340 of a new degree program that is the result of legislation enacted to change the terms of RCW 28B.10.115, the higher education coordinating board shall conduct an independent analysis using information from a variety of sources as part of the board's review of the proposed program, including but not limited to information submitted by the institution. Such information shall include: (1) Detailed evidence of why the program is justified, including the size and scope of student, employer, and community demand for the program;

(2) The feasibility of using existing public or private capacity for the program and comparisons of the state cost of providing existing and proposed capacity. Any institution that offers programs under this section shall comply with all applicable state rules and regulations;

(3) Projected future enrollment in the program and substantiation of the enrollment estimates; and

(4) Additional information as requested by the board regarding demand, need, and cost-effectiveness of the program.

Requires the higher education coordinating board to submit a complete analysis of a proposed program under this act to the higher education committees of the legislature before making a final determination regarding approval of the program.

-- 2003 REGULAR SESSION --

Feb 11 First reading, referred to Higher Education.

Mar 4 HE - Executive action taken by committee.

HE - Majority; do pass.

Minority; without recommendation.

Mar 5 Passed to Rules Committee for second reading.

Mar 10 Made eligible to be placed on second reading.

Mar 13 Placed on second reading by Rules Committee.

Mar 15 Floor amendment(s) adopted.

Rules suspended. Placed on Third Reading.

Third reading, passed: yeas, 95; nays, 0; absent, 3.

- IN THE SENATE -

Mar 17 First reading, referred to Higher Education.

HB 1827-S

by House Committee on Health Care (originally sponsored by Representatives Moeller, Skinner, Fromhold, Schoesler, Romero, Sullivan, Hankins, Hunt, Morrell, Delvin, Cox, Kenney, Hinkle, Linville, Wood, Cody, Dunshee, Schual-Berke, Sehlin and Simpson)

Requiring information on meningitis immunization for college students.

(AS OF HOUSE 2ND READING 3/17/03)

Provides that each degree-granting public or private postsecondary educational institution that provides on-campus or group housing shall provide information on meningococcal disease to, at a minimum, those students or prospective students who are offered on-campus or group housing. The information about meningococcal disease shall include: (1) Symptoms, risks, especially as the risks relate to circumstances of group living arrangements, and treatment; and

(2) Current recommendations from the United States centers for disease control and prevention regarding the receipt of vaccines for meningococcal disease and where the vaccination can be received.

Requires each postsecondary educational institution to place the information on the residential housing application, contract, or agreement that is received or agreed to by the student before taking possession of the residence.

Declares that this provision shall not be construed to require the department of health or the postsecondary educational institution to provide the vaccination to students.

-- 2003 REGULAR SESSION --

Mar 4 HC - Majority; 1st substitute bill be substituted, do pass.

Minority; without recommendation.

Mar 5 Passed to Rules Committee for second reading.

Mar 12 Made eligible to be placed on second reading.

Mar 13 Placed on second reading by Rules Committee.

Mar 17 1st substitute bill substituted.

Floor amendment(s) adopted.

Rules suspended. Placed on Third Reading.

Third reading, passed: yeas, 98; nays, 0; absent, 0.

HB 1843-S

by House Committee on Financial Institutions & Insurance (originally sponsored by Representatives Benson, Schual-Berke, Moeller, Bush, Simpson, Mielke and Rockefeller)

Prohibiting manufacture or sale of fraudulent drivers' licenses and identicards. (REVISED FOR ENGROSSED: Prohibiting manufacture or sale of fraudulent or stolen drivers' licenses and identicards.)

(AS OF HOUSE 2ND READING 3/14/03)

Declares that it is a class C felony for any person to sell or deliver a stolen driver's license or identicard.

Declares that it is unlawful for any person to manufacture, sell, or deliver a forged, fictitious, counterfeit, fraudulently altered, or unlawfully issued driver's license or identicard, or to manufacture, sell, or deliver a blank driver's license or identicard except under the direction of the department. A violation of this provision is: (1) A class C felony if committed (a) for financial gain or (b) with intent to commit forgery, theft, or identity theft; or

(2) A gross misdemeanor if the conduct does not violate (1) of this provision.

Provides that notwithstanding this act, it is a misdemeanor for any person under the age of twenty-one to manufacture or deliver fewer than four forged, fictitious, counterfeit, or fraudulently altered driver's licenses or identicards for the sole purpose of misrepresenting a person's age.

Provides that in a proceeding under this act that is related to an identity theft under RCW 9.35.020, the crime will be considered to have been committed in any locality where the person whose means of identification or financial information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in that locality.

-- 2003 REGULAR SESSION --

Mar 5 FII - Majority; 1st substitute bill be substituted, do pass.

Passed to Rules Committee for second reading.

Mar 13 Placed on second reading by Rules Committee.

Mar 14 1st substitute bill substituted.

Floor amendment(s) adopted.

Rules suspended. Placed on Third Reading.

Third reading, passed: yeas, 94; nays, 0; absent, 4.

- IN THE SENATE -

Mar 17 First reading, referred to Financial Services, Insurance & Housing.

HB 1936-S

by House Committee on Criminal Justice & Corrections (originally sponsored by Representatives Carrell, McCoy, O'Brien and Lovick)

Creating a joint select committee on tribal law enforcement. (REVISED FOR ENGROSSED: Providing for a study on tribal law enforcement.)

(AS OF HOUSE 2ND READING 3/17/03)

Requires the house criminal justice and corrections committee and the senate judiciary committee to study: (1) The jurisdiction of tribal, state, and local law enforcement officers over tribal and nontribal persons on tribal lands; and

(2) The extension of general authority peace officer powers to tribal law enforcement officers and the effect that the extension would have on tribal and nontribal persons, including nontribal persons occupying land held in fee simple within the boundaries of tribal lands.

Requires the house criminal justice and corrections committee and the senate judiciary committee to report their findings and recommendations, including any proposed legislation, to the governor and the legislature no later than December 1, 2003.

-- 2003 REGULAR SESSION --

Feb 28 CJC - Majority; 1st substitute bill be substituted, do pass.

Mar 4 Passed to Rules Committee for second reading.

Mar 7 Made eligible to be placed on second reading.

Mar 14 Placed on second reading by Rules Committee.

Mar 17 1st substitute bill substituted.

Floor amendment(s) adopted.

Rules suspended. Placed on Third Reading.

Third reading, passed: yeas, 57; nays, 41; absent, 0.

HB 2045

by Representatives Haigh, Armstrong and Miloscia

Establishing a work group to evaluate creating a centralized identification number system. (REVISED FOR ENGROSSED: Establishing a work group to evaluate creating a common data definition for the state.)

(AS OF HOUSE 2ND READING 3/15/03)

Directs the office of financial management to convene a common data definition work group to evaluate the feasibility and challenges of creating a common data definition for the state. The work group shall include consideration of all instances in which state agencies collect uniquely identifying information regarding persons and businesses that provide services to the state, receive services from the state, file claims with or against the state, receive benefits from the state, enter into contracts with the state, make payments to the state, or otherwise conduct business with the state.

Directs the common data definition work group to issue a progress report to the appropriate standing committees of the legislature no later than January 31, 2004. The report shall include findings and recommendations on the feasibility of creating and maintaining a common data definition, whether to create such a definition and, if so, how to create the definition.

-- 2003 REGULAR SESSION --

Feb 20 First reading, referred to State Government.

Mar 4 SG - Executive action taken by committee.

SG - Majority; do pass.

Mar 5 Passed to Rules Committee for second reading.

Mar 11 Made eligible to be placed on second reading.

Mar 12 Placed on second reading by Rules Committee.

Mar 15 Floor amendment(s) adopted.

Rules suspended. Placed on Third Reading.

Third reading, passed: yeas, 85; nays, 10; absent, 3.

- IN THE SENATE -

Mar 17 First reading, referred to Technology & Communications.

HB 2089-S

by House Committee on Higher Education (originally sponsored by Representatives McCoy, Wallace, Morrell, Kenney and Miloscia)

Changing veterans' tuition waiver provisions.

(AS OF HOUSE 2ND READING 3/17/03)

Provides that, subject to the limitations in RCW 28B.15.910, the governing boards of the state universities, the regional universities, The Evergreen State College, and the community colleges, may waive all or a portion of tuition and fees for the following persons: (1) An eligible veteran or national guard member;

(2) A child and the spouse of an eligible veteran or national guard member who became totally disabled as defined in RCW 28B.15.385 while engaged in active federal military or naval service, or who is determined by the federal government to be a prisoner of war or missing in action;

(3) A child and the surviving spouse of an eligible veteran or national guard member who lost his or her life while engaged in active federal military or naval service. However, upon remarriage, the surviving spouse of an eligible veteran or national guard member is ineligible for a waiver under this act.

Requires institutions of higher education, as defined in RCW 28B.10.016, to provide an enrolled student who is called to active federal service in United States military action initiated by an executive order issued by the President of the United States, and who is unable to complete the academic term in which the student is enrolled, with the option of receiving a refund of the total tuition and fees paid by the eligible student for the applicable academic term, or of being readmitted for a comparable academic term under the following conditions: (1) The eligible student shall be exempt from the payment of additional tuition and fees;

(2) No new course sections shall be created as a direct result of students receiving the waivers; and

(3) Enrollment information on students receiving the waivers shall be maintained separately from other enrollment information and shall not be considered in any enrollment statistics that would affect budgetary determinations.

Repeals RCW 28B.10.265, 28B.15.620, 28B.15.625, 28B.15.628, and 28B.15.629.

-- 2003 REGULAR SESSION --

Mar 5 HE - Majority; 1st substitute bill be substituted, do pass.

Passed to Rules Committee for second reading.

Mar 13 Made eligible to be placed on second reading.

Mar 14 Placed on second reading by Rules Committee.

Mar 17 1st substitute bill substituted.

Floor amendment(s) adopted.

Rules suspended. Placed on Third Reading.

Third reading, passed: yeas, 98; nays, 0; absent, 0.

HB 2147-S

by House Committee on Education (originally sponsored by Representatives McDermott, Upthegrove, Cox, Quall and Rockefeller)

Protecting preschool and elementary school students assisting in school kitchens.

(AS OF HOUSE 2ND READING 3/17/03)

Provides that, by January 12, 2004, the superintendent of public instruction, in consultation with the Washington state school directors' association, parents, representatives of food service employee groups, principals, and other interested parties, shall develop and make available to school districts a model policy for protecting children in preschool through sixth grade who assist in elementary school kitchens.

Requires that, by August 1, 2004, each school district shall adopt or amend a policy for protecting children in preschool through sixth grade who assist in elementary school kitchens.

-- 2003 REGULAR SESSION --

Mar 5 ED - Majority; 1st substitute bill be substituted, do pass.

Minority; do not pass.

Passed to Rules Committee for second reading.

Mar 11 Made eligible to be placed on second reading.

Mar 12 Placed on second reading by Rules Committee.

Mar 17 1st substitute bill substituted.

Floor amendment(s) adopted.

Rules suspended. Placed on Third Reading.

Third reading, passed: yeas, 96; nays, 2; absent, 0.

HB 2224

by Representatives Simpson and Cooper

Concerning the use of public funds for lobbying.

Amends RCW 44.04.170 relating to the use of public facilities for lobbying.

-- 2003 REGULAR SESSION --

Mar 18 First reading, referred to State Government.

Senate Bills

SB 5352-S

by Senate Committee on Agriculture (originally sponsored by Senators Haugen, Swecker, Doumit, Morton, Rasmussen, Hargrove, Horn and Shin)

Encouraging agricultural conservation programs. (REVISED FOR ENGROSSED: Encouraging agricultural land use conservation programs.)

(AS OF SENATE 2ND READING 3/17/03)

Authorizes the policy-making entity to enter into agreements with the commodity credit corporation of the United States department of agriculture to implement a conservation reserve enhancement program to assist in the restoration or enhancement of habitat for salmonids that have been listed as threatened or endangered species under the federal endangered species act and/or the improvement of water quality. The program shall continue to be delivered by conservation districts organized under chapter 89.08 RCW.

Encourages the policy-making entity to examine conservation reserve enhancement programs offered in other states and to examine studies conducted by other states on how to increase the rate of participation in the program while reducing overall costs.

Provides that, among the alternatives that shall be offered in the state of Washington, the policy-making entity shall include the national standard for conservation practice 391, the riparian forest buffer, as established by the federal natural resources conservation service.

Provides that no county shall adopt development regulations under this act that directly or indirectly preclude a person owning land from being able to qualify for enrollment of a parcel or a portion of any parcel in the conservation reserve enhancement program, or equivalent program that provides for the restoration or enhancement of fish and wildlife habitat and/or the improvement of water quality.

Provides that each county and city with agricultural lands designated under RCW 36.70A.170 shall allow wineries, affiliated and ancillary tasting rooms, and accessory uses as a permitted use acceptable and compatible with other agricultural-related industries within all such agricultural land designations. Such use may only be restricted in a manner uniformly applied to all permitted uses in all agricultural zoning classifications in each city and county.

-- 2003 REGULAR SESSION --

Mar 3 AG - Majority; 1st substitute bill be substituted, do pass.

Passed to Rules Committee for second reading.

Mar 12 Placed on second reading by Rules Committee.

Mar 17 1st substitute bill substituted.

Floor amendment(s) adopted.

Rules suspended. Placed on Third Reading.

Third reading, passed: yeas, 45; nays, 4; absent, 0.

SB 5450

by Senators Horn, Jacobsen, Finkbeiner, Eide, Swecker, Reardon, Regala, Fairley, Kline, Fraser, Haugen, Keiser and Kohl-Welles

Providing incentives to reduce air pollution through the use of neighborhood electric vehicles.

(AS OF SENATE 2ND READING 3/17/03)

Declares that a "neighborhood electric vehicle" means a self-propelled, electrically powered four-wheeled motor vehicle whose speed attainable in one mile is more than twenty miles per hour and not more than twenty-five miles per hour and conforms to federal regulations under Title 49 C.F.R. Part 571.500.

Provides that, absent prohibition by local authorities authorized under this act and except as prohibited elsewhere in this act, a person may operate a neighborhood electric vehicle upon a highway of this state having a speed limit of thirty-five miles per hour or less under designated conditions.

Applies seat belt safety standards as set forth in federal motor vehicle safety standard 208 to neighborhood electric vehicles.

Provides that, whenever a child who is less than sixteen years of age is being transported in a motor vehicle that is in operation and that is required by RCW 46.37.510 to be equipped with a safety belt system in a passenger seating position, or is being transported in a neighborhood electric vehicle that is in operation, the driver of the vehicle shall keep the child properly restrained.

-- 2003 REGULAR SESSION --

Jan 27 First reading, referred to Highways & Transportation.

Feb 20 HT - Majority; do pass.

Passed to Rules Committee for second reading.

Feb 28 Made eligible to be placed on second reading.

Mar 14 Placed on second reading by Rules Committee.

Mar 17 Floor amendment(s) adopted.

Rules suspended. Placed on Third Reading.

Third reading, passed: yeas, 48; nays, 0; absent, 1.

SB 5692-S

by Senate Committee on Children & Family Services & Corrections (originally sponsored by Senators Carlson, Hargrove, Esser, Parlette, Kohl-Welles, McAuliffe and Rasmussen)

Establishing a 211 network.

(AS OF SENATE 2ND READING 3/17/03)

Declares that 211 is created as the official state dialing code for public access to information and referral for health and human services and information about access to services after a natural or nonnatural disaster.

Provides that, before a state agency or department that provides health and human services establishes a new public information telephone line or hotline, the state agency or department shall consult with WIN 211 about using the 211 system to provide public access to the information.

Declares that only a service provider approved by WIN 211 may provide 211 telephone services. WIN 211 shall approve 211 service providers, after considering the following: (1) The ability of the proposed 211 service provider to meet the national 211 standards recommended by the alliance of information and referral systems and adopted by the national 211 collaborative on May 5, 2000;

(2) The financial stability and health of the proposed 211 service provider;

(3) The community support for the proposed 211 service provider;

(4) The relationships with other information and referral services; and

(5) Such other criteria as WIN 211 deems appropriate.

Declares that activities eligible for assistance from the 211 account and other legislative appropriations include, but are not limited to: (1) Creating a structure for a statewide 211 resources data base that will meet the alliance for information and referral systems standards for information and referral systems data bases and that will be integrated with local resources data bases maintained by approved 211 service providers;

(2) Developing a statewide resources data base for the 211 system;

(3) Maintaining public information available from state agencies, departments, and programs that provide health and human services for access by 211 service providers;

(4) Providing grants to approved 211 service providers for the design, development, and implementation of 211 for its 211 service area;

(5) Providing grants to approved 211 service providers to enable them to provide 211 service on an ongoing basis; and

(6) Providing grants to approved 211 service providers to enable the provision of 211 services on a twenty-four-hour per day seven-day a week basis.

-- 2003 REGULAR SESSION --

Mar 4 CFC - Majority; 1st substitute bill be substituted, do pass.

Mar 5 Passed to Rules Committee for second reading.

Mar 14 Placed on second reading by Rules Committee.

Mar 17 1st substitute bill substituted.

Floor amendment(s) adopted.

Rules suspended. Placed on Third Reading.

Third reading, passed: yeas, 46; nays, 3; absent, 0.

SB 5904-S

by Senate Committee on Ways & Means (originally sponsored by Senators Deccio, Thibaudeau, Winsley, Franklin, Parlette, Keiser, Brandland, Benton, Carlson, Hale, Johnson, Kline, McAuliffe, McCaslin, Mulliken, Oke, Rasmussen, West, Finkbeiner, Kohl-Welles, Shin, Stevens, Esser, B. Sheldon and Hewitt)

Concerning prescription drug assistance programs for seniors.

(AS OF SENATE 2ND READING 3/17/03)

Declares an intent to develop programs to provide prescription drugs at an affordable price to those in need, and increase public awareness regarding their safe and cost-effective use.

Requires the Washington institute for public policy to report to the appropriate committees of the legislature by November 15, 2003, on the projected five-year costs, benefits, enrollment levels, and implications for other state-funded medicaid services of a medicaid waiver program that would provide prescription drug benefits to persons aged sixty-five and older who would not otherwise be eligible for medicaid. The department shall actively cooperate and assist the institute in preparation of this report.

Requires the report to assess at least three alternative benefit designs, involving differing enrollee premium levels, point-of-service cost-sharing arrangements, and deductible levels.

Directs the health care authority to implement a program whereby it negotiates with prescription drug manufacturers for price discounts, comparable to those preferred prices it negotiates for its own purchases, to be available to any Washington resident: (1) Whose family income does not exceed two hundred fifty percent of the federal poverty level as adjusted for family size and determined annually by the federal department of health and human services;

(2) Who does not otherwise have insurance that provides prescription drug coverage; and

(3) Who is: (a) At least fifty years old; or (b) between the ages of nineteen and forty-nine and is otherwise eligible for benefits under Title II of the social security act, federal old age, survivors, and disability insurance benefits.

Provides that this program will be terminated within twelve months after implementation of a prescription drug benefit under Title XVIII of the social security act, or by June 30, 2009.

Requires the administrator to charge participants in this program a reasonable annual enrollment fee to offset the cost of program administration.

Declares that the price discounts available pursuant to this act shall not be at the expense of retail pharmacies.

Provides that this program will be terminated within twelve months after implementation of a prescription drug benefit under Title XVIII of the social security act, or by June 30, 2009.

Requires the administrator to establish and advertise a pharmacy connection program through which health care providers and members of the public can obtain information about manufacturer-sponsored prescription drug assistance programs.

Requires each of the state's area agencies on aging to implement a program intended to inform and train persons sixty-five years and older in the safe and appropriate use of prescription and nonprescription medications.

Provides that, by January 1, 2005, the administrator of the health care authority and the director of the department of social and health services shall submit to the governor and the legislature a progress report regarding the implementation of the programs created in this act.

-- 2003 REGULAR SESSION --

Mar 10 WM - Majority; 1st substitute bill be substituted, do pass.

Passed to Rules Committee for second reading.

Mar 14 Placed on second reading by Rules Committee.

Mar 17 1st substitute bill substituted.

Floor amendment(s) adopted.

Rules suspended. Placed on Third Reading.

Third reading, passed: yeas, 35; nays, 14; absent, 0.

SB 6033

by Senator Rossi

Relating to revenue and taxation.

Introduced by title and introductory section only.

-- 2003 REGULAR SESSION --