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SIXTY-SIXTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Wednesday, March 15, 1995

The Senate was called to order at 8:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Cal Anderson, Bauer, Fairley, Heavey, Pelz, Rasmussen, Roach and Smith. On motion of Senator Loveland, Senators Cal Anderson, Fairley, Pelz and Rasmussen were excused.

The Sergeant at Arms Color Guard, consisting of Pages Dennis Moore and Cassandra Dick, presented the Colors. Reverend Paul Beeman, retired pastor of the United Methodist Church of Olympia, offered the prayer.

MOTION

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

MESSAGES FROM THE HOUSE

March 13, 1995

MR. PRESIDENT:

The House has passed:

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1274,

ENGROSSED HOUSE BILL NO. 1416,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1421,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1518,

SUBSTITUTE HOUSE BILL NO. 1549,

SUBSTITUTE HOUSE BILL NO. 1560,

SUBSTITUTE HOUSE BILL NO. 1597,

SUBSTITUTE HOUSE BILL NO. 1630,

SUBSTITUTE HOUSE BILL NO. 1643,

HOUSE BILL NO. 1647,

HOUSE BILL NO. 1687,

SUBSTITUTE HOUSE BILL NO. 1738,

SUBSTITUTE HOUSE BILL NO. 1788,

SUBSTITUTE HOUSE BILL NO. 1802,

SUBSTITUTE HOUSE BILL NO. 1813,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1821,

HOUSE BILL NO. 1858,

SUBSTITUTE HOUSE BILL NO. 1878,

SUBSTITUTE HOUSE BILL NO. 1906,

SUBSTITUTE HOUSE BILL NO. 1917,

SUBSTITUTE HOUSE BILL NO. 1957,

SUBSTITUTE HOUSE BILL NO. 1968, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

March 13, 1995

MR. PRESIDENT:

The House has passed:

ENGROSSED HOUSE BILL NO. 1770,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1774,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1787,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1810,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1837,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1877,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1890, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

March 13, 1995

MR. PRESIDENT:

The House has passed:

ENGROSSED HOUSE BILL NO. 1155,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1206,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1326,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1791,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2009,

ENGROSSED HOUSE BILL NO. 2057, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

March 13, 1995

MR. PRESIDENT:

The House has passed:

SUBSTITUTE HOUSE BILL NO. 1200,

SUBSTITUTE HOUSE BILL NO. 1236,

SUBSTITUTE HOUSE BILL NO. 1401,

SUBSTITUTE HOUSE BILL NO. 1429,

HOUSE BILL NO. 1436,

SUBSTITUTE HOUSE BILL NO. 1484,

HOUSE BILL NO. 1495,

SUBSTITUTE HOUSE BILL NO. 1497,

HOUSE BILL NO. 1914,

HOUSE BILL NO. 2063,

SUBSTITUTE HOUSE BILL NO. 2067, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

INTRODUCTION AND FIRST READING OF HOUSE BILLS

EHB 1155 by Representatives Carrell, Morris, Boldt, Huff, Pennington, Dyer, McMorris, Hymes, B. Thomas, Pelesky, Van Luven, Cooke, Carlson, McMahan, Costa, Chandler, Basich, Johnson, Kessler, Sherstad, Campbell, Quall, Romero, Talcott, Buck, Brumsickle, Scott, Ballasiotes, Benton, Valle, Hatfield, Mason, Grant, Kremen, Chappell, Ebersole, Mielke, Sheahan, Sheldon, Wolfe, Foreman, Horn, L. Thomas, Blanton, Backlund, Hargrove, Dickerson, Crouse, Mulliken, Elliot, Cody, Regala, Mastin, Fuhrman, Mitchell, Hickel, Thompson, Ogden, Dellwo, Clements, Patterson, Schoesler, D. Schmidt, Conway, Skinner and Padden

Compensating sellers for collecting sales tax.

Referred to Committee on Ways and Means.

SHB 1200 by House Committee on Law and Justice (originally sponsored by Representatives Basich, Kremen, Ballasiotes, Quall, Van Luven and Carlson)

Protecting sports officials from civil actions and assaults.

Referred to Committee on Law and Justice.

ESHB 1206 by House Committee on Appropriations (originally sponsored by Representatives Carlson, Sommers, Cooke and Dellwo)

Restructuring the retirement systems.

Referred to Committee on Ways and Means.

SHB 1236 by House Committee on Government Operations (originally sponsored by Representatives Reams, R. Fisher, Talcott, Thompson, D. Schmidt, Huff, Scott, Regala, Costa, Robertson and Conway) (by request of Secretary of State Munro)

Increasing security of absentee ballot counting.

Referred to Committee on Government Operations.

ESHB 1274 by House Committee on Government Operations (originally sponsored by Representatives Reams, Sheldon, K. Schmidt, Hargrove, McMahan, Mulliken, Foreman, Sherstad, Elliot, Stevens, Johnson, Talcott and Huff)

Revising provisions relating to growth management.

Referred to Committee on Government Operations.

ESHB 1326 by House Committee on Higher Education (originally sponsored by Representatives Mulliken, Chandler, Sheahan, Carlson, Benton, Blanton and Delvin)

Requiring institutions of higher education to revise their commercial activities policies.

Referred to Committee on Higher Education.

SHB 1401 by House Committee on Education (originally sponsored by Representatives Brumsickle, Cole, Carlson, G. Fisher, Mastin, Poulsen, Elliot, Quall, Clements, Smith, Chandler, Patterson, Costa, Mielke, Campbell, Mulliken, Honeyford, Talcott, Cooke, Thompson, L. Thomas, Mitchell, Kremen, Scott, Wolfe, Boldt, Conway and McMorris)

Allowing disclosure of juvenile records to affected school districts.

Referred to Committee on Education.

EHB 1416 by Representatives Skinner, Foreman, Schoesler and Huff

Modifying certificate of need provisions.

Referred to Committee on Health and Long-Term Care.

ESHB 1421 by House Committee on Finance (originally sponsored by Representatives Sheldon, Foreman, Johnson, Hatfield, Buck, Grant, Schoesler, Chappell, Basich, Kessler, Morris, Skinner, Thompson, Campbell, Costa, Hargrove, Chandler, Mastin, Wolfe and Quall)

Providing business incentives for distressed areas.

Referred to Committee on Ways and Means.

SHB 1429 by House Committee on Commerce and Labor (originally sponsored by Representatives Lisk, Morris, Chandler, Chappell, L. Thomas, Thompson, Hargrove, Casada and Silver)

Lessening recreational vehicle regulation.

Referred to Committee on Labor, Commerce and Trade.

HB 1436 by Representatives Dyer and B. Thomas

Supplementing emergency services resulting from the impact of tourism in small communities.

Referred to Committee on Ways and Means.

SHB 1484 by House Committee on Finance (originally sponsored by Representative Pennington)

Revising provisions relating to the landowner contingency forest fire suppression account.

Referred to Committee on Ways and Means.

HB 1495 by Representatives Basich, Hatfield, Fuhrman, Sheldon, Foreman and Chappell

Expanding timber excise tax small harvester option.

Referred to Committee on Ways and Means.

SHB 1497 by House Committee on Government Operations (originally sponsored by Representatives B. Thomas and Dyer)

Facilitating electronic access to public records.

Referred to Committee on Energy, Telecommunications and Utilities.

ESHB 1518 by House Committee on Education (originally sponsored by Representatives Thompson, Lambert, Talcott, Brumsickle, Elliot, Radcliff, D. Schmidt, Pelesky, Padden, Veloria, Dickerson, McMahan, Quall, Johnson, Basich and Mason)

Authorizing clock hours for teachers participating in internships.

Referred to Committee on Education.

SHB 1549 by House Committee on Corrections (originally sponsored by Representatives Ballasiotes, Morris, Wolfe, Campbell, Quall, Backlund, Dyer and Blanton) (by request of Sentencing Guidelines Commission)

Creating a sentencing alternative for drug offenders.

Referred to Committee on Law and Justice.

SHB 1560 by House Committee on Transportation (originally sponsored by Representatives K. Schmidt and Blanton) (by request of Attorney General Gregoire)

Penalizing fuel tax evasion.

Referred to Committee on Law and Justice.

SHB 1597 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Johnson, Koster, Chandler, Boldt, Sheldon, Mastin, Basich, McMorris, Thompson, Beeksma, Kremen, Hatfield, McMahan, Hymes, Honeyford, D. Schmidt, Skinner, Clements, Buck, Stevens, Mielke and Kessler)

Concerning the reduction of flood damage.

Referred to Committee on Natural Resources.

SHB 1630 by House Committee on Commerce and Labor (originally sponsored by Representatives Cairnes, Kremen, Ballasiotes, Cole, Conway, Cooke, Goldsmith, Quall, Cody, Elliot, Romero, Veloria and Thompson)

Regulating the registration of contractors.

Referred to Committee on Labor, Commerce and Trade.

SHB 1643 by House Committee on Government Operations (originally sponsored by Representatives Stevens, Cairnes, Koster, L. Thomas, Dyer, Cooke, B. Thomas, Thompson, D. Schmidt, Boldt, Lambert and Backlund)

Providing procedures for creating new counties.

Referred to Committee on Government Operations.

HB 1647 by Representatives Goldsmith, Romero and Lisk (by request of Employment Security Department)

Expanding the authority of the employment security department to share data.

Referred to Committee on Labor, Commerce and Trade.

HB 1687 by Representatives Lambert, Costa, Padden, Appelwick, Fuhrman, Grant, Sheahan, Tokuda, Chappell, Thibaudeau, Veloria, Morris, Hickel, Huff, Patterson and Mastin

Providing for distribution of appropriations for court-appointed special advocate programs.

Referred to Committee on Human Services and Corrections.

SHB 1738 by House Committee on Commerce and Labor (originally sponsored by Representatives Pelesky, Cairnes, Stevens, L. Thomas, Beeksma, Silver, Thompson, Foreman, Radcliff, Fuhrman, Huff, Hargrove, Elliot, Mulliken and Goldsmith)

Providing employees notice of rights regarding union security agreements.

Referred to Committee on Labor, Commerce and Trade.

EHB 1770 by Representatives Mastin and Grant

Revising enforcement requirements for plumbing certificates of competency.

Referred to Committee on Labor, Commerce and Trade.

ESHB 1774 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Mastin, Basich and Honeyford)

Altering appeal procedures for water-related actions of the department of ecology.

Referred to Committee on Senate Select Committee on Water Policy.

ESHB 1787 by House Committee on Transportation (originally sponsored by Representatives K. Schmidt, R. Fisher, Johnson, Elliot, Buck, Blanton, Robertson, D. Schmidt, Mitchell, Skinner, Tokuda, Benton, Romero, Brown, Hankins, Cairnes, Hatfield, Scott, Quall, Backlund, Ogden, McMahan, Horn, Koster, Schoesler and Mielke)

Revising provision for distribution of surplus balance investment earnings.

Referred to Committee on Transportation.

SHB 1788 by House Committee on Transportation (originally sponsored by Representatives K. Schmidt, Chandler, Mitchell and Robertson)

Providing for more flexibility in the motor vehicle fund distributions to cities and counties.

Referred to Committee on Transportation.

ESHB 1791 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Mastin, McMorris, Sheldon, Delvin, Kremen, Clements, Chappell, Crouse, Scott, Costa, Horn, Robertson, Quall, Hankins, Skinner, Kessler, Schoesler, Grant, Sheahan, Brumsickle, Padden, Morris, Buck, Hatfield, Patterson, Cooke, Mulliken, Honeyford, Backlund and Basich)

Revising water resource governance and planning.

Referred to Committee on Senate Select Committee on Water Policy.

SHB 1802 by House Committee on Children and Family Services (originally sponsored by Representatives Cooke, Lambert, Stevens, Thompson, Padden and Kessler)

Changing adoption provisions.

Referred to Committee on Human Services and Corrections.

ESHB 1810 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Honeyford, Thompson and L. Thomas)

Creating a legislative task force to review the model toxics control act.

Referred to Committee on Ecology and Parks.

SHB 1813 by House Committee on Higher Education (originally sponsored by Representatives Mulliken, Mason, Sheahan, Blanton, Carlson, Goldsmith, Jacobsen and Delvin)

Exempting financial disclosures by degree-granting private vocational schools from public disclosure laws.

Referred to Committee on Law and Justice.

ESHB 1821 by House Committee on Commerce and Labor (originally sponsored by Representatives Kessler, Buck, Quall, Carlson, Casada and Basich)

Modifying unemployment compensation for persons employed under public employment contracts.

Referred to Committee on Labor, Commerce and Trade.

ESHB 1837 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler and Dellwo)

Establishing limitations on distributions from the water quality account for the period July 1, 1995, through June 30, 2000.

Referred to Committee on Ecology and Parks.

HB 1858 by Representatives Ballasiotes, Costa, Robertson, Cody, Morris, Regala, Chopp, Ogden, Mitchell, Tokuda, Appelwick, Honeyford, Radcliff, Blanton, Dickerson, Campbell, Conway, Kessler and Ebersole

Establishing the office of crime victims advocacy in the department of community, trade, and economic development.

Referred to Committee on Government Operations.

ESHB 1877 by House Committee on Education (originally sponsored by Representatives McMahan, Brumsickle, Benton, Sheahan, Koster, Elliot, Pelesky, Johnson, Stevens, Casada, Silver and Thompson)

Providing educational opportunities for students.

Referred to Committee on Education.

SHB 1878 by House Committee on Government Operations (originally sponsored by Representatives McMahan, Reams, Sheahan, Koster, Benton, Mielke, Blanton, Pelesky, Johnson, Stevens, Casada, Silver and Thompson)

Encouraging sales of public real property.

Referred to Committee on Government Operations.

ESHB 1890 by House Committee on Law and Justice (originally sponsored by Representatives Padden, Morris, Campbell, Casada, Stevens, Johnson, Benton and Smith)

Protecting property owners.

Referred to Committee on Government Operations.

SHB 1906 by House Committee on Children and Family Services (originally sponsored by Representatives Lambert and Cooke)

Changing child care licensing definitions.

Referred to Committee on Human Services and Corrections.

HB 1914 by Representative Stevens

Changing provisions relating to child abuse and neglect.

Referred to Committee on Law and Justice.

SHB 1917 by House Committee on Natural Resources (originally sponsored by Representatives Pennington, Fuhrman, Thompson, Goldsmith, McMorris and Kremen)

Requiring that department of natural resources contract with private entities for emergency response equipment, supplies, and services.

Referred to Committee on Natural Resources.

SHB 1957 by House Committee on Finance (originally sponsored by Representatives B. Thomas, Carrell, Mulliken, Campbell, Foreman, Van Luven, Benton, L. Thomas, Crouse, Backlund, Elliot, McMahan, Smith, Stevens and Schoesler)

Reducing the state property tax levy.

Referred to Committee on Ways and Means.

SHB 1968 by House Committee on Transportation (originally sponsored by Representatives McMorris, Mastin, Koster, Chandler, Sheahan and R. Fisher)

Adjusting requirements for regional transportation planning organizations.

Referred to Committee on Transportation.

E2SHB 2009 by House Committee on Appropriations (originally sponsored by Representatives Casada, Huff, Campbell, Clements, Goldsmith, Elliot, Pelesky, Backlund, Reams, Smith, Delvin, Blanton and Beeksma)

Eliminating the state energy office.

Referred to Committee on Energy, Telecommunications and Utilities.

EHB 2057 by Representatives Appelwick and Foreman

Changing judicial retirement eligibility.

Referred to Committee on Ways and Means.

HB 2063 by Representatives Honeyford, Sehlin and Chopp

Accelerating the implementation of projects currently eligible for funding under the public works assistance program.

Referred to Committee on Ways and Means.

SHB 2067 by House Committee on Finance (originally sponsored by Representatives Foreman and Mastin)

Extending property tax exemptions for nonprofit arts, scientific, or historical organizations.

Referred to Committee on Ways and Means.

SECOND READING

SENATE BILL NO. 5642, by Senators Fraser and Rasmussen

Requiring annual training for educational service district staff about placing exchange students and teachers in public schools.

The bill was read the second time.

MOTION

On motion of Senator Fraser, the rules were suspended, Senate Bill No. 5642 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 roll call on the final passage of Senate Bill No. 5642.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5642 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 6; Absent, 4; Excused, 4.

Voting yea: Senators Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Hochstatter, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rinehart, Schow, Sellar, Sheldon, Snyder, Spanel, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 35.

Voting nay: Senators Anderson, A., Cantu, Johnson, McCaslin, Newhouse and Strannigan - 6.

Absent: Senators Bauer, Heavey, Roach and Smith - 4.

Excused: Senators Anderson, C., Fairley, Pelz and Rasmussen - 4.

SENATE BILL NO. 5642, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTIONS

On motion of Senator Loveland, Senators Bauer, Heavey and Smith were excused.

On motion of Senator Ann Anderson, Senator Roach was excused.

SECOND READING

SENATE BILL NO. 5894, by Senators Prentice, Owen, Haugen, Wood, Kohl, Fairley, Sellar, Rasmussen, Oke, Schow and Winsley

Planning for department of transportation wetlands.

The bill was read the second time.

MOTION

On motion of Senator Owen, the rules were suspended, Senate Bill No. 5894 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5894.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5894 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

Voting yea: Senators Anderson, A., Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rinehart, Schow, Sellar, Sheldon, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 42.

Excused: Senators Anderson, C., Bauer, Heavey, Pelz, Rasmussen, Roach and Smith - 7.

SENATE BILL NO. 5894, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5830, by Senators McAuliffe, Quigley, Fairley, Loveland, Haugen, Sheldon and Rasmussen

Changing provisions for students transferring between private and public schools.

The bill was read the second time.

MOTION

On motion of Senator McAuliffe, the rules were suspended, Senate Bill No. 5830 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 roll call on the final passage of Senate Bill No. 5830.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5830 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

Voting yea: Senators Anderson, A., Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.

Excused: Senators Anderson, C., Bauer, Heavey, Pelz and Roach - 5.

SENATE BILL NO. 5830, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5900, by Senators Haugen, Prentice, Long and Heavey (by request of State Auditor Sonntag)

Administering the office of the state auditor.

The bill was read the second time.

MOTION

Senator Ann Anderson moved that the following amendment by Senators Ann Anderson and McAuliffe be adopted:

On page 33, after line 16, insert the following:

"NEW SECTION. Sec. 74. The legislature finds that the practice of some public officers and employees of using first class airplane accommodations if traveling on public business is a wasteful use of public resources.

NEW SECTION. Sec. 75. A new section is added to chapter 42.04 RCW to read as follows:

First class and business class commercial air carrier accommodations may not be used by any state or local government officer, whether elected or appointed, and any state or local government employee who travels by commercial airlines in the discharge of the duties of his or her position or employment at public expense unless otherwise required as a reasonable accommodation for persons with disabilities or where an emergency would warrant such travel or where the additional cost is paid personally by the traveler.

NEW SECTION. Sec. 76. A new section is added to chapter 42.04 RCW to read as follows:

No frequent flyer mileage credit may enure to the personal benefit of any state or local government officer, whether elected or appointed, and any state or local government employee as a result of travel on a commercial air carrier at public expense."

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

POINT OF ORDER

Senator McCaslin: "A point of order, Mr. President. My point of order would be that this amendment exceeds and extends the scope and object of Senate Bill No. 5900. Actually, this particular point about people flying first class is covered under General Administration, Travel and Transfer Regulations, 4.2, which I would be happy to share with the President. The body of the bill, of course, deals with the Auditor. I would appreciate your consideration."

There being no objection, the President deferred further consideration of Senate Bill No. 5900.

SECOND READING

SENATE BILL NO. 5496, by Senators Bauer, Newhouse, Loveland, Cantu, Fraser, Winsley and Long

Exempting certain employers from additional retirement contributions.

MOTIONS

On motion of Senator Rinehart, Substitute Senate Bill No. 5496 was substituted for Senate Bill No. 5496 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Rinehart, the rules were suspended, Substitute Senate Bill No. 5496 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 roll call on the final passage of Substitute Senate Bill No. 5496.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5496 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

Excused: Senators Anderson, C., Heavey, Pelz and Roach - 4.

SUBSTITUTE SENATE BILL NO. 5496, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5800, by Senators McDonald, Wojahn, Cantu, West, Rinehart, Pelz and Bauer

Recognizing that financial savings from efficiencies in the developmental disabilities program should be redirected within the program for community-based services.

MOTIONS

On motion of Senator Rinehart, Substitute Senate Bill No. 5800 was substituted for Senate Bill No. 5800 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Rinehart, the rules were suspended, Substitute Senate Bill No. 5800 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5800.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5800 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Excused: Senators Anderson, C., Heavey, Pelz and Roach - 4.

SUBSTITUTE SENATE BILL NO. 5800, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5591, by Senators Pelz, Kohl, Sellar and Winsley

Pertaining to longshore and harbor workers' compensation.

MOTIONS

On motion of Senator Prentice, Substitute Senate Bill No. 5591 was substituted for Senate Bill No. 5591 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Prentice, the rules were suspended, Substitute Senate Bill No. 5591 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5591.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5591 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.

Voting nay: Senator Fairley - 1.

Excused: Senators Anderson, C., Heavey, Pelz and Roach - 4.

SUBSTITUTE SENATE BILL NO. 5591, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5876, by Senators Haugen and Winsley

Making population determinations and projections.

The bill was read the second time.

MOTIONS

Senator Haugen moved that the following amendment by Senators Haugen, Winsley and McCaslin be adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 43.62.035 and 1991 sp.s. c 32 s 30 are each amended to read as follows:

The office of financial management shall determine the population of each county of the state annually as of April 1st of each year and on or before July 1st of each year shall file a certificate with the secretary of state showing its determination of the population for each county. The office of financial management also shall determine the percentage increase in population for each county over the preceding ten-year period, as of April 1st, and shall file a certificate with the secretary of state by July 1st showing its determination. At least once every ten years the office of financial management shall prepare twenty-year growth management planning population projections required by RCW 36.70A.110 for each county that adopts a comprehensive plan under RCW 36.70A.040 and shall review these projections with such counties and the cities in those counties before final adoption. The county and its cities may provide to the office such information as they deem relevant to the office's projection, and the office shall consider and comment on such information before adoption. Each projection shall be expressed as a reasonable range developed within the standard state high and low projection. The middle range shall represent the office's estimate of the most likely population projection for the county. If any city or county believes that a projection will not accurately reflect actual population growth in a county, it may petition the office to revise the projection accordingly. The office shall complete the first set of ranges for every county by December 31, 1995.

A comprehensive plan adopted or amended before December 31, 1995, shall not be considered to be in noncompliance with the twenty-year growth management planning population projection if the projection used in the comprehensive plan is in compliance with the range later adopted under this section.

NEW SECTION. Sec. 2. 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 shall take effect immediately."

Senator Palmer moved that the following amendment to the striking amendment by Senators Haugen, Winsley and McCaslin be adopted:

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

"Sec. 2. RCW 36.70A.040 and 1993 sp.s. c 6 s 1 are each amended to read as follows:

(1) Each county that has both a population of fifty thousand or more and has had its population increase by more than ((ten)) seventeen percent in the previous ten years, and the cities located within such county, and any other county regardless of its population that has had its population increase by more than twenty percent in the previous ten years, and the cities located within such county, shall conform with all of the requirements of this chapter. However, the county legislative authority of such a county with a population of less than fifty thousand population may adopt a resolution removing the county, and the cities located within the county, from the requirements of adopting comprehensive land use plans and development regulations under this chapter if this resolution is adopted and filed with the department by December 31, 1990, for counties initially meeting this set of criteria, or within sixty days of the date the office of financial management certifies that a county meets this set of criteria under subsection (5) of this section.

Once a county meets either of these sets of criteria, the requirement to conform with all of the requirements of this chapter remains in effect, even if the county no longer meets one of these sets of criteria.

(2) The county legislative authority of any county that does not meet either of the sets of criteria established under subsection (1) of this section may adopt a resolution indicating its intention to have subsection (1) of this section apply to the county. Each city, located in a county that chooses to plan under this subsection, shall conform with all of the requirements of this chapter. Once such a resolution has been adopted, the county and the cities located within the county remain subject to all of the requirements of this chapter.

(3) Any county or city that is initially required to conform with all of the requirements of this chapter under subsection (1) of this section shall take actions under this chapter as follows: (a) The county legislative authority shall adopt a county-wide planning policy under RCW 36.70A.210; (b) the county and each city located within the county shall designate critical areas, agricultural lands, forest lands, and mineral resource lands, and adopt development regulations conserving these designated agricultural lands, forest lands, and mineral resource lands and protecting these designated critical areas, under RCW 36.70A.170 and 36.70A.060; (c) the county shall designate and take other actions related to urban growth areas under RCW 36.70A.110; (d) if the county has a population of fifty thousand or more, the county and each city located within the county shall adopt a comprehensive plan under this chapter and development regulations that are consistent with and implement the comprehensive plan on or before July 1, 1994, and if the county has a population of less than fifty thousand, the county and each city located within the county shall adopt a comprehensive plan under this chapter and development regulations that are consistent with and implement the comprehensive plan by January 1, 1995, but if the governor makes written findings that a county with a population of less than fifty thousand or a city located within such a county is not making reasonable progress toward adopting a comprehensive plan and development regulations the governor may reduce this deadline for such actions to be taken by no more than one hundred eighty days. Any county or city subject to this subsection may obtain an additional six months before it is required to have adopted its development regulations by submitting a letter notifying the department of community, trade, and economic development of its need prior to the deadline for adopting both a comprehensive plan and development regulations.

(4) Any county or city that is required to conform with all the requirements of this chapter, as a result of the county legislative authority adopting its resolution of intention under subsection (2) of this section, shall take actions under this chapter as follows: (a) The county legislative authority shall adopt a county-wide planning policy under RCW 36.70A.210; (b) the county and each city that is located within the county shall adopt development regulations conserving agricultural lands, forest lands, and mineral resource lands it designated under RCW 36.70A.060 within one year of the date the county legislative authority adopts its resolution of intention; (c) the county shall designate and take other actions related to urban growth areas under RCW 36.70A.110; and (d) the county and each city that is located within the county shall adopt a comprehensive plan and development regulations that are consistent with and implement the comprehensive plan not later than four years from the date the county legislative authority adopts its resolution of intention, but a county or city may obtain an additional six months before it is required to have adopted its development regulations by submitting a letter notifying the department of community, trade, and economic development of its need prior to the deadline for adopting both a comprehensive plan and development regulations.

(5) If the office of financial management certifies that the population of a county that previously had not been required to plan under subsection (1) or (2) of this section has changed sufficiently to meet either of the sets of criteria specified under subsection (1) of this section, and where applicable, the county legislative authority has not adopted a resolution removing the county from these requirements as provided in subsection (1) of this section, the county and each city within such county shall take actions under this chapter as follows: (a) The county legislative authority shall adopt a county-wide planning policy under RCW 36.70A.210; (b) the county and each city located within the county shall adopt development regulations under RCW 36.70A.060 conserving agricultural lands, forest lands, and mineral resource lands it designated within one year of the certification by the office of financial management; (c) the county shall designate and take other actions related to urban growth areas under RCW 36.70A.110; and (d) the county and each city located within the county shall adopt a comprehensive land use plan and development regulations that are consistent with and implement the comprehensive plan within four years of the certification by the office of financial management, but a county or city may obtain an additional six months before it is required to have adopted its development regulations by submitting a letter notifying the department of community, trade, and economic development of its need prior to the deadline for adopting both a comprehensive plan and development regulations.

(6) A copy of each document that is required under this section shall be submitted to the department at the time of its adoption."

POINT OF ORDER

Senator Haugen: "Thank you, Mr. President. I ask you to rule on the scope and object of this amendment. The bill addresses a very narrow topic--standards for OFM projections. The proposed amendment speaks to change the threshold of the amount of population growth required to trigger the requirements of the Growth Management Act. The amendment involves not only a different section of the RCW, but a different title. The amendment has nothing to do with how population projections are determined. The only connection between this bill and the GMA is that OFM population projections are used in fixing urban growth boundaries. Population projections have nothing to do with the actual population changes which trigger whether the county must plan, under GMA. It is truly out of scope and object."

Further debate ensued.

RULING BY THE PRESIDENT

President Pritchard: "In ruling upon the point of order raised by Senator Haugen, the President finds that Senate Bill No. 5876 is a measure which adds additional information which the Office of Financial Management must provide to counties and cities subject to the growth management planning process and creates a process to settle disputes.

"The amendment by Senator Palmer on page 2, after line 2, to the striking amendment by Senators Haugen, Winsley and McCaslin would change from ten percent, to seventeen percent, the ten year population increase which establishes part of the threshold for application of the requirements of the Growth Management Act.

"The President, therefore, finds that the proposed amendment to the striking amendment does change the scope and object of the bill and the point of order is well taken."

The amendment by Senator Palmer on page 2, after line 2, to the striking amendment by Senators Haugen, Winsley and McCaslin to Senate Bill No. 5876 was ruled out of order.

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Haugen, Winsley and McCaslin to Senate Bill No. 5876.

Debate ensued.

The motion by Senator Haugen carried and the amendment was adopted.

MOTIONS

On motion of Senator Haugen, the following title amendment was adopted:

On page 1, line 2 of the title, after "management;" strike the remainder of the title and insert "amending RCW 43.62.035; and declaring an emergency."

On motion of Senator Haugen, the rules were suspended, Engrossed Senate Bill No. 5876 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 roll call on the final passage of Engrossed Senate Bill No. 5876.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5876 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

Absent: Senator Deccio - 1.

Excused: Senators Anderson, C., Pelz and Roach - 3.

ENGROSSED SENATE BILL NO. 5876, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5315, by Senators Rasmussen, Morton, Loveland, Newhouse and Roach (by request of Department of Agriculture)

Modifying agriculture regulations.

MOTIONS

On motion of Senator Rasmussen, Substitute Senate Bill No. 5315 was substituted for Senate Bill No. 5315 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Bill No. 5315 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5315.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5315 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.

Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

Voting nay: Senators Anderson, A. and Strannigan - 2.

Excused: Senators Anderson, C. and Roach - 2.

SUBSTITUTE SENATE BILL NO. 5315, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5409, by Senators Owen and Oke

Providing compensation for wildlife agents injured on duty.

The bill was read the second time.

MOTION

Senator Drew moved that the following amendment by Senators Owen, Drew and Oke be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 77.12 RCW to read as follows:

(1) The director shall relieve from active duty full-time, commissioned fish and wildlife personnel who, while in-service, have been or may be injured or disabled to such an extent as to be incapable of active duty.

(a) Any full-time, commissioned fish and wildlife personnel injured or disabled while performing in-service line duties who is found by the department of labor and industries to be incapable of active duty shall be placed on temporary injury leave for a period not to exceed six months from the date of injury or the date the person is determined to be incapacitated. During this period, the full-time, commissioned fish and wildlife personnel is entitled to all pay, benefits, insurance, leave, and retirement contributions awarded to a full-time, commissioned fish and wildlife personnel on active status, less any compensation received through the department of labor and industries. No such temporary injury leave may be approved until a full-time, commissioned fish and wildlife personnel has been unavailable for active duty for more than five consecutive work days. Prior to the end of the six-month period, the director shall either place the full-time, commissioned fish and wildlife personnel on disability status or return the full-time, commissioned fish and wildlife personnel to full-time employment status;

(b) Benefits under this section for an injury or disability that is incurred while in other employment must be reduced by any amount the full-time, commissioned fish and wildlife personnel receives or is entitled to receive workers' compensation, social security, group insurance, other pension plan, or any other similar compensation provided by another employer for the same injury or disability;

(c) Full-time, commissioned fish and wildlife personnel on disability status shall receive one-half of their compensation at the existing wage during the time the disability continues in effect, less any compensation received through the department of labor and industries. They shall be subject to mental or physical examination at any state institution or otherwise under the direction of the director at any time during such relief from duty to ascertain whether or not they are able to resume active duty;

(d) Should a disability beneficiary whose injury or disability was incurred while performing in-service nonline duties engage in a gainful occupation, the director shall reduce the amount of the disability compensation to an amount which, when added to the compensation earned by the beneficiary in such occupation, does not exceed the basic salary currently being paid for the state civil service range and step the full-time, commissioned fish and wildlife personnel held at the time he or she was injured or disabled. Every six months, all such disability beneficiaries shall file with the director a signed and sworn statement of earnings, and any person who knowingly swears falsely on such statement is subject to prosecution for perjury. Should the earning capacity of the beneficiary be further altered, the director may further alter the disability allowance as indicated in this subsection. The director may cancel the disability allowance for a full-time, commissioned fish and wildlife personnel who does not file the required statement of earnings or who knowingly files a false statement of earnings;

(e) A full-time, commissioned fish and wildlife personnel injured while engaging in willfully tortious or criminal conduct is not entitled to any benefits under this section.

(2) The director shall define by rule the situations in which full-time, commissioned fish and wildlife personnel are on active duty, in-service, are performing line duty, or are performing nonline duty.

(3) A person receiving disability compensation under this section shall become ineligible to receive that compensation upon becoming eligible for retirement under the applicable plan of the Washington public employees' retirement system, chapter 41.40 RCW.

NEW SECTION. Sec. 2. A new section is added to chapter 77.12 RCW to read as follows:

Section 1 of this act does not apply to persons who were fisheries patrol officers employed prior to March 1, 1994."

POINT OF INQUIRY

Senator Ann Anderson: "Senator Drew, this bill--we've talked in committee a lot and I am always kind of nervous when we get a striker on the floor that we have never seen before. Can you point out the key reasons we needed a striker rather than to come in with just a couple amendments to the underlying bill?"

Senator Drew: "Certainly, the underlying bill simply added 'wildlife agents' to receive the same benefits fisheries patrol officers currently get and that is that they receive one-half of their salaries when relieved from active duty. We've used in the striker, the model of the state patrol which does include the deductions from Labor and Industries, which does include the deductions if you are working on another job. So, it is not quite as, I guess you would say, as generous as is the old fisheries statute, so those who are currently fisheries agents would continue to receive that disability. This has been agreed to by the department and by the employees and I apologize for you not having seen the draft. I've seen probably about ten or twelve."

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Owen, Drew and Oke to Senate Bill No. 5409.

The motion by Senator Drew carried and the striking amendment was adopted:

MOTIONS

On motion of Senator Drew, the following title amendment was adopted:

On page 1, line 2 of the title, after "officers;" strike the remainder of the title and insert "and adding new sections to chapter 77.12 RCW."

On motion of Senator Drew, the rules were suspended, Engrossed Senate Bill No. 5409 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5409.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5409 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.

Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

Voting nay: Senators Cantu and Hochstatter - 2.

Excused: Senators Anderson, C. and Roach - 2.

ENGROSSED SENATE BILL NO. 5409, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5629, by Senators Pelz, Fraser, Rinehart and McCaslin (by request of Attorney General Gregoire)

Updating new motor vehicle warranty provisions.

MOTIONS

On motion of Senator Pelz, Substitute Senate Bill No. 5629 was substituted for Senate Bill No. 5629 and the substitute bill was placed on second reading and read the second time.

Senator Pelz moved that the following amendment by Senators Pelz and Hochstatter be adopted:

On page 2, beginning on line 25, after "least" strike "((seven)) five hundred ((fifty))" and insert "seven hundred fifty"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Pelz and Hochstatter on page 2, beginning on line 25, to Substitute Senate Bill No. 5629.

The motion by Senator Pelz carried and the amendment was adopted.

MOTION

On motion of Senator Pelz, the rules were suspended, Engrossed Substitute Senate Bill No. 5629 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 roll call on the final passage of Engrossed Substitute Senate Bill No. 5629.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5629 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

Voting nay: Senator Cantu - 1.

Excused: Senator Anderson, C. - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5629, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

There being no objection, the Senate resumed consideration of Senate Bill No. 5900 and the pending amendment by Senators Ann Anderson and McAuliffe on page 33, after 16, deferred earlier today.

RULING BY THE PRESIDENT

President Pritchard: "In ruling upon the point of order raised by Senator McCaslin, the President finds that Senate Bill No. 5900 is a measure which makes changes to various aspects of the organization and duties of the Office of State Auditor.

"The amendment by Senators Ann Anderson and McAuliffe on page 33, after line 16, would limit the type of air travel for state officers and employees under certain circumstances.

"The President, therefore, finds that the proposed amendment does change the scope and object of the bill and the point of order is well taken."

The amendment by Senators Ann Anderson and McAuliffe on page 33, after line 16, to Senate Bill No. 5900 was ruled out of order.

MOTION

On motion of Senator Haugen, the rules were suspended, Senate Bill No. 5900 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 roll call on the final passage of Senate Bill No. 5900.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5900 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.

Excused: Senator Anderson, C. - 1.

SENATE BILL NO. 5900, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5644, by Senators Wood, Kohl, Fraser, Prince and Winsley

Developing a proposal to establish a community college in the People's Republic of China.

MOTIONS

On motion of Senator Bauer, Substitute Senate Bill No. 5644 was substituted for Senate Bill No. 5644 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Bauer, the rules were suspended, Substitute Senate Bill No. 5644 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5644.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5644 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 4; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.

Voting nay: Senators Haugen, Loveland, Quigley and Strannigan - 4.

Excused: Senator Anderson, C. - 1.

SUBSTITUTE SENATE BILL NO. 5644, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE JOINT MEMORIAL NO. 8017, by Senators Rasmussen, Roach, Hochstatter, Long, Hargrove, Johnson and Sheldon

Encouraging schools to provide an elementary gun safety program.

The joint memorial was read the second time.

MOTION

On motion of Senator Rasmussen, the rules were suspended, Senate Joint Memorial No. 8017 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Joint Memorial No. 8017.

ROLL CALL

The Secretary called the roll on the final passage of Senate Joint Memorial No. 8017 and the joint memorial passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

Absent: Senator Winsley - 1.

Excused: Senator Anderson, C. - 1.

SENATE JOINT MEMORIAL NO. 8017, having received the constitutional majority, was declared passed.

SECOND READING

SENATE BILL NO. 5668, by Senators Hale, Wood, Fraser, Pelz, Prince, Newhouse, A. Anderson, Palmer, Franklin, Hargrove, Bauer, Deccio, C. Anderson, Prentice and Winsley

Revising provisions relating to sureties for industrial insurance self-insurers.

The bill was read the second time.

MOTION

On motion of Senator Hale, the rules were suspended, Senate Bill No. 5668 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 roll call on the final passage of Senate Bill No. 5668.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5668 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

Voting yea: Senators Anderson, A., Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

Absent: Senator Bauer - 1.

Excused: Senator Anderson, C. - 1.

SENATE BILL NO. 5668, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5641, by Senators McAuliffe, Fairley, Prince, Kohl, Fraser, Rasmussen and Prentice

Studying providing instruction in world languages in the common school system.

The bill was read the second time.

MOTION

On motion of Senator McAuliffe, the rules were suspended, Senate Bill No. 5641 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 roll call on the final passage of Senate Bill No. 5641.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5641 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 5; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Winsley, Wojahn and Wood - 43.

Voting nay: Senators Anderson, A., Hochstatter, Schow, Strannigan and West - 5.

Excused: Senator Anderson, C. - 1.

SENATE BILL NO. 5641, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5677, by Senators Roach, Haugen and Winsley (by request of Department of Community, Trade, and Economic Development)

Clarifying building code and structure requirements.

The bill was read the second time.

MOTION

On motion of Senator Winsley, the rules were suspended, Senate Bill No. 5677 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5677.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5677 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Anderson, C. - 1.

SENATE BILL NO. 5677, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5310, by Senators Haugen, Winsley, Wojahn and Prince (by request of Washington State Historical Society)

Requiring a process to solicit proposals for and prioritize heritage capital projects.

The bill was read the second time.

MOTION

On motion of Senator Haugen, the rules were suspended, Senate Bill No. 5310 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 roll call on the final passage of Senate Bill No. 5310.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5310 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

Absent: Senator Pelz - 1.

Excused: Senator Anderson, C. - 1.

SENATE BILL NO. 5310, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Loveland, Senator Pelz was excused.

SECOND READING

SENATE BILL NO. 5806, by Senators Johnson and McAuliffe

Allowing the superintendent of public instruction to delay the time at which school district budgets are made public if the state's operating budget is not finally approved before June 1st.

The bill was read the second time.

MOTION

On motion of Senator Johnson, the rules were suspended, Senate Bill No. 5806 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5806.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5806 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Winsley, Wojahn and Wood - 46.

Absent: Senator West - 1.

Excused: Senators Anderson, C. and Pelz - 2.

SENATE BILL NO. 5806, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE JOINT MEMORIAL NO. 8010, by Senators Cantu, Fraser, Oke, Winsley, Johnson, Snyder, Hochstatter, Finkbeiner, Strannigan, Schow, Moyer, Palmer, Roach, Deccio and West

Postratifying Amendment XXVII.

The joint memorial was read the second time.

MOTION

On motion of Senator Cantu, the rules were suspended, Senate Joint Memorial No. 8010 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Joint Memorial No. 8010.

ROLL CALL

The Secretary called the roll on the final passage of Senate Joint Memorial No. 8010 and the joint memorial passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

Absent: Senator Deccio - 1.

Excused: Senator Anderson, C. - 1.

SENATE JOINT MEMORIAL NO. 8010, having received the constitutional majority, was declared passed.

SECOND READING

SENATE BILL NO. 5835, by Senators Johnson, Smith, Roach, McCaslin, Schow, Long and Winsley

Changing provisions relating to restraining orders.

MOTIONS

On motion of Senator Johnson, Substitute Senate Bill No. 5835 was substituted for Senate Bill No. 5835 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Johnson, the rules were suspended, Substitute Senate Bill No. 5835 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 roll call on the final passage of Substitute Senate Bill No. 5835.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5835 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Anderson, C. - 1.

SUBSTITUTE SENATE BILL NO. 5835, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5868, by Senators Prentice, Fraser, Cantu, Winsley and Rasmussen (by request of Department of Community, Trade, and Economic Development)

Providing mobile home relocation assistance.

MOTIONS

On motion of Senator Prentice, Substitute Senate Bill No. 5868 was substituted for Senate Bill No. 5868 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Owen, the following amendment by Senators Owen and Prince was adopted:

On page 10, beginning on line 9, after "The" strike all material through ",))" on line 10, and insert "marine operating fund, the motor vehicle fund,"

MOTION

On motion of Senator Prentice, the rules were suspended, Engrossed Substitute Senate Bill No. 5868 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 roll call on the final passage of Engrossed Substitute Senate Bill No. 5868.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5868 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Anderson, C. - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5868, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Spanel, the Senate commenced consideration of Senate Bill No. 5244.

SECOND READING

SENATE BILL NO. 5244, by Senators Owen and Hargrove

Revising the definition of "dependent child" for purposes of aid to families with dependent children.

MOTIONS

On motion of Senator Hargrove, Substitute Senate Bill No. 5244 was substituted for Senate Bill No. 5244 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Fairley, the following amendments by Senators Fairley and Owen were considered simultaneously and were adopted:

On page 1, beginning on line 17, after "unless," strike "out-of-home" and insert ":

(1) Out-of-home"

On page 2, line 1, after "13.32A.175" insert "; or

(2) The child has been determined by a court to meet the criteria under RCW 13.34.030(4) (a), (b), or (c)"

MOTIONS

On motion of Senator Fairley, the following amendment by Senators Fairley and Owen was adopted:

On page 4, line 18, after "child." insert "If an allegation of abuse or neglect has been made the department may not disclose to the parent the child's last known address or location until a shelter care hearing under chapter 13.34 RCW has been held."

On motion of Senator Owen, the rules were suspended, Engrossed Substitute Senate Bill No. 5244 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5244.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5244 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Anderson, C. - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5244, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5439, by Senators Hargrove, Long, Franklin, Smith, Schow, Owen, Moyer, Oke, Strannigan, Gaspard, Snyder, Heavey, Haugen, Rasmussen, Quigley, Wojahn, Loveland, Bauer, Winsley, Deccio, Spanel, Hale, Hochstatter and Palmer

Revising procedures for nonoffender at-risk youth and their families.

MOTIONS

On motion of Senator Hargrove, Second Substitute Senate Bill No. 5439 was substituted for Senate Bill No. 5439 and the second substitute bill was placed on second reading and read the second time.

Senator Hargrove moved that the following amendment by Senators Hargrove, Long and Franklin be adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 13.32A.010 and 1979 c 155 s 15 are each amended to read as follows:

The legislature finds that within any group of people there exists a need for guidelines for acceptable behavior and that, presumptively, the experience and maturity ((are)) of parents make them better ((qualifications for establishing)) qualified to establish guidelines beneficial to and protective of ((individual members and the group as a whole than are youth and inexperience)) their children. The legislature further finds that it is the right and responsibility of adults to establish laws for the benefit and protection of the society; and that, in the same manner, the right and responsibility for establishing reasonable guidelines for the family unit belongs to the adults within that unit. Further, absent abuse or neglect, parents should have the right to exercise control over their children. The legislature reaffirms its position stated in RCW 13.34.020 that the family unit is the fundamental resource of American life which should be nurtured and that it should remain intact in the absence of compelling evidence to the contrary.

The legislature recognizes there is a need for services and assistance for parents and children who are in conflict. These conflicts are manifested by children who exhibit various behaviors including: Running away, substance abuse, serious acting out problems, mental health needs, and other behaviors that endanger themselves or others.

The legislature finds many parents do not know their rights regarding their adolescent children and law enforcement. Parents and courts feel they have insufficient legal recourse for the chronic runaway child who is endangering himself or herself through his or her behavior. The legislature further recognizes that for chronic runaways whose behavior puts them in serious danger of harming themselves or others, secure facilities must be provided to allow opportunities for assessment, treatment, and to assist parents and protect their children. The legislature intends to give tools to parents, courts, and law enforcement to keep families together and reunite them whenever possible.

The legislature recognizes that some children run away to protect themselves from abuse or neglect in their homes. Abused and neglected children should be dealt with pursuant to chapter 13.34 RCW and it is not the intent of the legislature to handle dependency matters under this chapter.

The legislature intends services offered under this chapter be on a voluntary basis whenever possible to children and their families and that the courts be used as a last resort.

The legislature intends to increase the safety of children through the preservation of families and the provision of assessment, treatment, and placement services for children in need of services and at-risk youth. Within available funds, the legislature intends to provide these services through crisis residential centers in which children and youth may safely reside for a limited period of time. The time in residence shall be used to conduct an assessment of the needs of the children, youth, and their families. The assessments are necessary to identify appropriate services and placement options that will reduce the likelihood that children will place themselves in dangerous or life-threatening situations.

The legislature recognizes that crisis residential centers provide an opportunity for children to receive short-term necessary support and nurturing in cases where there may be abuse or neglect. The legislature intends that center staff provide an atmosphere of concern, care, and respect for children in the center and their parents.

Sec. 2. RCW 13.32A.030 and 1990 c 276 s 3 are each amended to read as follows:

As used in this chapter the following terms have the meanings indicated unless the context clearly requires otherwise:

(1) "At-risk youth" means a juvenile:

(a) Who is absent from home for at least seventy-two consecutive hours without consent of his or her parent;

(b) Who is beyond the control of his or her parent such that the child's behavior endangers the health, safety, or welfare of the child or any other person; or

(2) "Child," "juvenile," and "youth" mean any unemancipated individual who is under the chronological age of eighteen years.

(3) "Child in need of services" means a juvenile:

(a) Who is beyond the control of his or her parent such that the child's behavior endangers the health, safety, or welfare of the child or other person;

(b) Who has been reported to law enforcement as absent without consent for at least twenty-four consecutive hours from the parent's home or a crisis residential center on two or more separate occasions; and

(i) Has exhibited a serious substance abuse problem; or

(ii) Has exhibited behaviors that create a serious risk of harm to the health, safety, or welfare of the child or any other person; or

(c)(i) Who is in need of necessary services, including food, shelter, health care, clothing, educational, or services designed to maintain or reunite the family;

(ii) Who lacks access, or has declined, to utilize these services; and

(iii) Whose parents have evidenced continuing but unsuccessful efforts to maintain the family structure or are unable or unwilling to continue efforts to maintain the family structure.

(4) "Child in need of services petition" means a petition filed in juvenile court by a parent, child, or the department seeking adjudication of placement of the child.

(5) "Custodian" means the person who has the legal right to the custody of the child.

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

(2) "Child," "juvenile," and "youth" mean any individual who is under the chronological age of eighteen years;)).

(((3))) (7) "Extended family members" means a grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin with whom the child has a relationship and is comfortable, and who is willing and available to care for the child.

(8) "Guardian" means that person or agency that (a) has been appointed as the guardian of a child in a legal proceeding other than a proceeding under chapter 13.34 RCW, and (b) has the right to legal custody of the child pursuant to such appointment. The term "guardian" does not include a "dependency guardian" appointed pursuant to a proceeding under chapter 13.34 RCW.

(9) "Multidisciplinary team" means a group formed to provide assistance and support to a child who is an at-risk youth or a child in need of services and his or her parent. The team shall include the parent, a department case worker, a local government representative when authorized by the local government, and when appropriate, members from the mental health and substance abuse disciplines. The team may also include, but is not limited to, the following persons: Educators, law enforcement personnel, probation officers, employers, church persons, tribal members, therapists, medical personnel, social service providers, placement providers, and extended family members. The team members shall be volunteers who do not receive compensation while acting in a capacity as a team member, unless the member's employer chooses to provide compensation or the member is a state employee.

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

(11) "Parent" means the ((legal)) parent or parents who have the legal right to custody of the child. "Parent" includes custodian(((s))) or guardian(((s) of a child;)).

(((4))) (12) "Semi-secure facility" means any facility, including but not limited to crisis residential centers or specialized foster family homes, operated in a manner to reasonably assure that youth placed there will not run away((: PROVIDED, That such facility shall not be a secure institution or facility as defined by the federal juvenile justice and delinquency prevention act of 1974 (P.L. 93-415; 42 U.S.C. Sec. 5634 et seq.) and regulations and clarifying instructions promulgated thereunder)). Pursuant to rules established by the department, the facility administrator shall establish reasonable hours for residents to come and go from the facility such that no residents are free to come and go at all hours of the day and night. To prevent residents from taking unreasonable actions, the facility administrator, where appropriate, may condition a resident's leaving the facility upon the resident being accompanied by the administrator or the administrator's designee and the resident may be required to notify the administrator or the administrator's designee of any intent to leave, his or her intended destination, and the probable time of his or her return to the center. The facility administrator shall notify a parent and the appropriate law enforcement agency within four hours of all unauthorized leaves((;

(5) "At-risk youth" means an individual under the chronological age of eighteen years who:

(a) Is absent from home for more than seventy-two consecutive hours without consent of his or her parent;

(b) Is beyond the control of his or her parent such that the child's behavior substantially endangers the health, safety, or welfare of the child or any other person; or

(c) Has a serious substance abuse problem for which there are no pending criminal charges related to the substance abuse)).

(13) "Secure crisis residential center" means a secure facility licensed under chapter 74.13 RCW with doors, windows, or secured perimeter that operates to prevent a child from leaving without permission of the facility staff.

(14) "Temporary out-of-home placement" means an out-of-home placement of not more than fourteen days ordered by the court at a fact-finding hearing on a child in need of services petition.

NEW SECTION. Sec. 3. A new section is added to chapter 13.32A RCW to read as follows:

Whenever a child in need of services petition is filed by a youth pursuant to RCW 13.32A.130, or the department pursuant to RCW 13.32A.150, the youth or the department shall have a copy of the petition served on the parents of the youth. Service shall first be attempted in person and if unsuccessful, then by certified mail with return receipt.

Sec. 4. RCW 13.32A.040 and 1994 c 304 s 3 are each amended to read as follows:

Families who are in conflict or who are experiencing problems with at-risk youth or a child who may be in need of services may request family reconciliation services from the department. The department may involve a multidisciplinary team in its response. Such services shall be provided to alleviate personal or family situations which present a serious and imminent threat to the health or stability of the child or family and to maintain families intact wherever possible. Family reconciliation services shall be designed to develop skills and supports within families to resolve problems related to at-risk youth, children in need of services, or family conflicts and may include but are not limited to referral to services for suicide prevention, psychiatric or other medical care, or psychological, welfare, legal, educational, or other social services, as appropriate to the needs of the child and the family. ((Upon a referral by a school or other appropriate agency,)) Family reconciliation services may also include training in parenting, conflict management, and dispute resolution skills.

Sec. 5. RCW 13.32A.050 and 1994 sp.s. c 7 s 505 are each amended to read as follows:

(1) A law enforcement officer shall take a child into custody:

(((1))) (a) If a law enforcement agency has been contacted by the parent of the child that the child is absent from parental custody without consent; or

(((2))) (b) If a law enforcement officer reasonably believes, considering the child's age, the location, and the time of day, that a child is in circumstances which constitute a danger to the child's safety or that a child is violating a local curfew ordinance; or

(((3))) (c) If an agency legally charged with the supervision of a child has notified a law enforcement agency that the child has run away from placement; or

(((4))) (d) If a law enforcement agency has been notified by the juvenile court that the court finds probable cause exists to believe that the child has violated a court placement order issued pursuant to chapter 13.32A RCW or that the court has issued an order for law enforcement pick-up of the child under this chapter.

(2) Law enforcement custody shall not extend beyond the amount of time reasonably necessary to transport the child to a destination authorized by law and to place the child at that destination.

((An officer who takes a child into custody under this section and places the child in a designated crisis residential center shall inform the department of such placement within twenty-four hours.))

(3) If a law enforcement officer takes a child into custody pursuant to either subsection (1)(a) or (b) of this section and transports the child to a crisis residential center, the officer shall, within twenty-four hours of delivering the child to the center, provide to the center a written report detailing the reasons the officer took the child into custody.

(4) If the police who initially take the juvenile into custody or the staff of the crisis residential center have reasonable cause to believe that the child is absent from home because he or she is abused or neglected, a report shall be made immediately to the department.

(5) Nothing in this section affects the authority of any political subdivision to make regulations concerning the conduct of minors in public places by ordinance or other local law.

(6) If a law enforcement officer has a reasonable suspicion that a child is being unlawfully harbored under RCW 13.32A.080, the officer shall remove the child from the custody of the person harboring the child and shall transport the child to one of the locations specified in RCW 13.32A.060.

(7) No child may be placed in a secure crisis residential center except as provided in this chapter.

Sec. 6. RCW 13.32A.060 and 1994 sp.s. c 7 s 506 are each amended to read as follows:

(1) An officer taking a child into custody under RCW 13.32A.050 (1) (a) or (((2))) (b) shall inform the child of the reason for such custody and shall either:

(a) Transport the child to his or her home or to a parent at his or her place of employment, if no parent is at home. The officer releasing a child into the custody of the parent shall inform the parent of the reason for the taking of the child into custody and shall inform the child and the parent of the nature and location of appropriate services available in their community. The parent may direct the officer to take the child to the home of an adult extended family member, responsible adult, or a licensed youth shelter. The officer releasing a child into the custody of an adult extended family member, responsible adult, or a licensed youth shelter shall inform the child and the person receiving the child of the nature and location of appropriate services available in the community; or

(b) Take the child to ((the home of an adult extended family member,)) a designated secure crisis residential center, ((or the home of a responsible adult)) or a semi-secure crisis residential center if a secure crisis residential center is full or is not available or within a reasonable distance, after attempting to notify the parent or legal guardian:

(i) If the child expresses fear or distress at the prospect of being returned to his or her home which leads the officer to believe there is a possibility that the child is experiencing ((in the home)) some type of child abuse or neglect, as defined in RCW 26.44.020((, as now law or hereafter amended)); or

(ii) If it is not practical to transport the child to his or her home or place of the parent's employment; or

(iii) If there is no parent available to accept custody of the child.

((The officer releasing a child into the custody of an extended family member or a responsible adult shall inform the child and the extended family member or responsible adult of the nature and location of appropriate services available in the community.))

(2) An officer taking a child into custody under RCW 13.32A.050 (((3))) (1) (c) or (((4))) (d) shall inform the child of the reason for custody, and shall take the child to a designated secure crisis residential center or, if not available or within a reasonable distance, to a semi-secure crisis residential center, licensed by the department and established pursuant to chapter 74.13 RCW. However, an officer taking a child into custody under RCW 13.32A.050(((4))) (1)(d) may place the child in a juvenile detention facility as provided in RCW 13.32A.065. The department shall ensure that all the law enforcement authorities are informed on a regular basis as to the location of ((the)) all designated secure and semi-secure crisis residential ((center or)) centers in their ((judicial district)) jurisdiction, where children taken into custody under RCW 13.32A.050 may be taken.

(((3) "Extended family members" means a grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin with whom the child has a relationship and is comfortable, and who is willing and available to care for the child.))

Sec. 7. RCW 13.32A.070 and 1986 c 288 s 2 are each amended to read as follows:

(1) ((An officer taking a child into custody under RCW 13.32A.050 may, at his or her discretion, transport the child to the home of a responsible adult who is other than the child's parent where the officer reasonably believes that the child will be provided with adequate care and supervision and that the child will remain in the custody of such adult until such time as the department can bring about the child's return home or an alternative residential placement can be agreed to or determined pursuant to this chapter. An officer placing a child with a responsible adult other than his or her parent shall immediately notify the department's local community service office of this fact and of the reason for taking the child into custody.

(2))) A law enforcement officer acting in good faith pursuant to this chapter in failing to take a child into custody, in taking a child into custody, or in releasing a child to a person ((other than)) at the request of a parent ((of such child)) is immune from civil or criminal liability for such action.

(((3))) (2) A person ((other than a parent of such child who receives)) with whom a child is placed pursuant to this chapter and who acts reasonably and in good faith ((in doing so)) is immune from civil or criminal liability for the act of receiving ((such)) the child. ((Such)) The immunity does not release ((such)) the person from liability under any other law ((including the laws regulating licensed child care and prohibiting child abuse)).

NEW SECTION. Sec. 8. A new section is added to chapter 13.32A RCW to read as follows:

The parents of a child placed in a secure crisis residential center shall contribute fifty dollars per day, for not more than five consecutive days, for the expense of the child's placement. However, the secretary may establish a payment schedule that requires a lesser payment based on a parent's ability to pay. The payment shall be made to the department. No child may be denied placement in, or removed from, a secure crisis residential center based solely on the income of the parent.

Sec. 9. RCW 13.32A.090 and 1990 c 276 s 6 are each amended to read as follows:

(1) The person in charge of a designated crisis residential center or the department ((pursuant to RCW 13.32A.070)) shall perform the duties under subsection (2) of this section:

(a) Upon admitting a child who has been brought to the center by a law enforcement officer under RCW 13.32A.060;

(b) Upon admitting a child who has run away from home or has requested admittance to the center;

(c) Upon learning from a person under RCW 13.32A.080(3) that the person is providing shelter to a child absent from home; or

(d) Upon learning that a child has been placed with a responsible adult pursuant to RCW ((13.32A.070)) 13.32A.060.

(2) When any of the circumstances under subsection (1) of this section are present, the person in charge of a center shall perform the following duties:

(a) Immediately notify the child's parent of the child's whereabouts, physical and emotional condition, and the circumstances surrounding his or her placement;

(b) Initially notify the parent that it is the paramount concern of the family reconciliation service personnel to achieve a reconciliation between the parent and child to reunify the family and inform the parent as to the procedures to be followed under this chapter;

(c) Inform the parent whether a referral to children's protective services has been made and, if so, inform the parent of the standard pursuant to RCW 26.44.020(12) governing child abuse and neglect in this state;

(d) Arrange transportation for the child to the residence of the parent, as soon as practicable, at the latter's expense to the extent of his or her ability to pay, with any unmet transportation expenses to be assumed by the department, when the child and his or her parent agrees to the child's return home or when the parent produces a copy of a court order entered under this chapter requiring the child to reside in the parent's home;

(e) Arrange transportation for the child to an ((alternative residential)) out-of-home placement which may include a licensed group care facility or foster family when agreed to by the child and parent at the latter's expense to the extent of his or her ability to pay, with any unmet transportation expenses assumed by the department;

(f) Immediately notify the department of the placement.

Sec. 10. RCW 13.32A.120 and 1990 c 276 s 7 are each amended to read as follows:

(1) Where either a child or the child's parent or the person or facility currently providing shelter to the child notifies the center that such individual or individuals cannot agree to the continuation of an ((alternative residential)) out-of-home placement arrived at pursuant to RCW 13.32A.090(2)(e), the center shall immediately contact the remaining party or parties to the agreement and shall attempt to bring about the child's return home or to an alternative living arrangement agreeable to the child and the parent as soon as practicable.

(2) If a child and his or her parent cannot agree to an ((alternative residential)) out-of-home placement under RCW 13.32A.090(2)(e), either the child or parent may file with the juvenile court a petition to approve an ((alternative residential)) out-of-home placement or the parent may file with the juvenile court a petition in the interest of a child alleged to be an at-risk youth under this chapter.

(3) If a child and his or her parent cannot agree to the continuation of an ((alternative residential)) out-of-home placement arrived at under RCW 13.32A.090(2)(e), either the child or parent may file with the juvenile court a petition to approve an ((alternative residential)) out-of-home placement or the parent may file with the juvenile court a petition in the interest of a child alleged to be an at-risk youth under this chapter.

Sec. 11. RCW 13.32A.130 and 1994 sp.s. c 7 s 508 are each amended to read as follows:

(1) A child admitted to a crisis residential center under this chapter who is not returned to the home of his or her parent, is not placed in a semi-secure crisis residential center pursuant to a temporary out-of-home placement order, or ((who)) is not placed in an ((alternative residential)) out-of-home placement ((under an agreement between the parent and child,)) shall((, except as provided for by RCW 13.32A.140 and 13.32A.160(2),)) reside in the ((placement)) center under the rules ((established for)) of the center for a period not less than three and not to exceed five consecutive days from the time of intake((, except as otherwise provided by this chapter)). The parents may remove the child at any time during the five-day period if no allegations of abuse or neglect have been made against the parents. The department may remove the child whenever a dependency petition is filed under chapter 13.34 RCW.

(2) Crisis residential center staff shall make ((a concerted)) every reasonable effort to protect the child and achieve a reconciliation of the family. If a reconciliation and voluntary return of the child has not been achieved within forty-eight hours from the time of intake, and if the person in charge of the center does not consider it likely that reconciliation will be achieved within the five-day period, then the person in charge shall inform the parent and child of (((1))) (a) the availability of counseling services; (((2))) (b) the right to file a child in need of services petition for an ((alternative residential)) out-of-home placement, the right of a parent to file an at-risk youth petition, and the right of the parent and child to obtain assistance in filing the petition; (c) the right to request the department to form a multidisciplinary team; and (((3))) (d) the right to request a review of any ((alternative residential)) out-of-home placement.

(3) At no time shall information regarding a parent's or child's rights be withheld ((if requested)). The department shall develop and distribute to all law enforcement agencies and to each crisis residential center administrator a written statement delineating the services and rights. Every officer taking a child into custody shall provide the child and his or her parent(s) or responsible adult with whom the child is placed with a copy of the statement. In addition, the administrator of the facility or his or her designee shall provide every resident and parent with a copy of the statement.

NEW SECTION. Sec. 12. A new section is added to chapter 13.32A RCW to read as follows:

(1) The administrator of a crisis residential center may convene a multidisciplinary team at the request of a child placed at the center or the child's parent. If the administrator has reasonable cause to believe that a child is a child in need of services and the parent is unavailable or unwilling to continue efforts to maintain the family structure, the administrator shall immediately convene a multidisciplinary team. The parent may disband the team at any time unless the court has ordered an out-of-home placement pursuant to section 18(3) of this act. Upon the filing of an at-risk youth or dependency petition, the team shall cease to exist unless the parent requests continuation of the team.

(2) The secretary shall request participation of appropriate state agencies in the multidisciplinary teams. Those agencies that agree to participate shall provide the secretary all information necessary to facilitate forming a multidisciplinary team and the secretary shall provide this information to the administrator of each crisis residential center.

(3) The secretary shall designate within each region a department employee who shall have responsibility for coordination of the state response to a request for creation of a multidisciplinary team. The secretary shall advise the administrator of each crisis residential center of the name of the appropriate employee. Upon a request of the administrator to form a multidisciplinary team the employee shall provide a list of the agencies that have agreed to participate in the multidisciplinary team.

(4) The administrator shall also seek participation from representatives of mental health and drug and alcohol treatment providers as appropriate.

(5) A parent shall be advised of the request to form a multidisciplinary team and may select additional members of the multidisciplinary team. The parent or child may request any person or persons to participate including, but not limited to, educators, law enforcement personnel, court personnel, family therapists, licensed health care practitioners, social service providers, youth residential placement providers, other family members, church representatives, and members of their own community. The administrator shall assist in obtaining the prompt participation of persons requested by the parent or child.

(6) When an administrator of a crisis residential center requests the formation of a team, the state agencies must respond as soon as possible. The team shall have the authority to evaluate the juvenile, and family members, if appropriate and agreed to by the parent, and shall:

(a) With parental input, develop a plan of appropriate available services and assist the family in obtaining those services;

(b) Make a referral to the designated chemical dependency specialist or the county designated mental health professional, if appropriate;

(c) Recommend no further intervention because the juvenile and his or her family have resolved the problem causing the family conflict; or

(d) With the parent's consent, work with them to achieve reconciliation of the child and family.

(7) The purpose of the multidisciplinary team is to assist in a coordinated referral of the family to available social and health-related services.

(8) At the first meeting of the multidisciplinary team, it shall choose a member to coordinate the team's efforts. The parent member of the multidisciplinary team must agree with the choice of coordinator. The team shall meet or communicate as often as necessary to assist the family.

(9) The coordinator of the multidisciplinary team may assist in filing a child in need of services petition when requested by the parent or child or an at-risk youth petition when requested by the parent. The multidisciplinary team shall have no standing as a party in any action under this title.

(10) If the administrator is unable to contact the child's parent, the multidisciplinary team may be used for assistance. If the parent has not been contacted within five days the administrator shall contact the department and request the case be reviewed for a dependency filing under chapter 13.34 RCW.

Sec. 13. RCW 13.32A.140 and 1990 c 276 s 9 are each amended to read as follows:

The department shall file a child in need of services petition to approve an ((alternative residential)) out-of-home placement on behalf of a child under any of the following sets of circumstances:

(1) The child has been admitted to a crisis residential center or has been placed with a responsible person other than his or her parent, and:

(a) The parent has been notified that the child was so admitted or placed;

(b) Seventy-two hours, including Saturdays, Sundays, and holidays, have passed since such notification;

(d) No child in need of services petition ((requesting approval of an alternative residential placement)) has been filed by either the child or parent ((or legal custodian));

(e) The parent has not filed an at-risk youth petition; and

(f) The child has no suitable place to live other than the home of his or her parent.

(2) The child has been admitted to a crisis residential center and:

(a) Seventy-two hours, including Saturdays, Sundays, and holidays, have passed since such placement;

(b) The staff, after searching with due diligence, have been unable to contact the parent of such child; and

(3) An agreement between parent and child made pursuant to RCW 13.32A.090(2)(e) or pursuant to RCW 13.32A.120(1) is no longer acceptable to parent or child, and:

(a) The party to whom the arrangement is no longer acceptable has so notified the department;

(b) Seventy-two hours, including Saturdays, Sundays, and holidays, have passed since such notification;

(d) No child in need of services petition ((requesting approval of an alternative residential placement)) has been filed by either the child or the parent;

(e) The parent has not filed an at-risk youth petition; and

(f) The child has no suitable place to live other than the home of his or her parent.

Under the circumstances of subsections (1), (2), or (3) of this section, the child shall remain in ((a licensed child care facility, including but not limited to a crisis residential center, or in any other suitable residence to be determined by the department until)) an ((alternative residential)) out-of-home placement until a child in need of services petition filed by the department on behalf of the child is reviewed by the juvenile court and is resolved by such court. The department may authorize emergency medical or dental care for a child placed under this section. The state, when the department files a child in need of services petition ((for alternative residential placement)) under this section, shall be represented as provided for in RCW 13.04.093.

If the department files a petition under this section, the department shall submit in a supporting affidavit any information provided under section 29 of this act.

Sec. 14. RCW 13.32A.150 and 1992 c 205 s 208 are each amended to read as follows:

(1) Except as otherwise provided in this ((section)) chapter, the juvenile court shall not accept the filing of ((an alternative residential placement)) a child in need of services petition by the child or the parents or the filing of an at-risk youth petition by the parent, unless verification is provided that a family assessment has been completed by the department. The family assessment shall be aimed at family reconciliation and avoidance of the out-of-home placement of the child. If the department is unable to complete an assessment within two working days following a request for assessment the child or the parents may proceed under subsection (2) of this section or the parent may proceed under ((subsection (3) of this)) section 22 of this act.

(2) A child or a child's parent may file with the juvenile court a child in need of services petition to approve an ((alternative residential)) out-of-home placement for the child ((outside the parent's home)). The department shall, when requested, assist either a parent or child in the filing of the petition. The petition shall only ask that the placement of a child outside the home of his or her parent be approved. The filing of a petition to approve ((such)) the placement is not dependent upon the court's having obtained any prior jurisdiction over the child or his or her parent, and confers upon the court a special jurisdiction to approve or disapprove an ((alternative residential)) out-of-home placement.

(((3) A child's parent may file with the juvenile court a petition in the interest of a child alleged to be an at-risk youth. The department shall, when requested, assist the parent in filing the petition. The petition shall be filed in the county where the petitioning parent resides. The petition shall set forth the name, age, and residence of the child and the names and residence of the child's parents and shall allege that:

(a) The child is an at-risk youth as defined in this chapter;

(b) The petitioning parent has the right to legal custody of the child;

(c) Court intervention and supervision are necessary to assist the parent to maintain the care, custody, and control of the child; and

(d) Alternatives to court intervention have been attempted or there is good cause why such alternatives have not been attempted.

The petition shall set forth facts that support the allegations in this subsection and shall generally request relief available under this chapter. The petition need not specify any proposed disposition following adjudication of the petition. The filing of an at-risk youth petition is not dependent upon the court's having obtained any prior jurisdiction over the child or his or her parent and confers upon the court the special jurisdiction to assist the parent in maintaining parental authority and responsibility for the child. An at-risk youth petition may not be filed if the court has approved an alternative residential placement petition regarding the child or if the child is the subject of a proceeding under chapter 13.34 RCW. A petition may be accepted for filing only if alternatives to court intervention have been attempted. Juvenile court personnel may screen all at-risk youth petitions and may refuse to allow the filing of any petition that lacks merit, fails to comply with the requirements of this section, or fails to allege sufficient facts in support of allegations in the petition.))

Sec. 15. RCW 13.32A.160 and 1990 c 276 s 11 are each amended to read as follows:

(1) When a proper child in need of services petition to approve an ((alternative residential)) out-of-home placement is filed under RCW 13.32A.120, 13.32A.140, or 13.32A.150 the juvenile court shall: (a) Schedule a ((date for a)) fact-finding hearing to be held within three judicial days; notify the parent, child, and the department of such date; (b) notify the parent of the right to be represented by counsel and, if indigent, to have counsel appointed for him or her by the court; (c) appoint legal counsel for the child; (d) inform the child and his or her parent of the legal consequences of the court approving or disapproving an ((alternative residential)) out-of-home placement petition; (e) notify the parents of their rights under this chapter and chapters 11.88, 13.34, 70.96A, and 71.34 RCW, including the right to file an at-risk youth petition, the right to submit on application for admission of their child to a treatment facility for alcohol, chemical dependency, or mental health treatment, and the right to file a guardianship petition; and (((e))) (f) notify all parties, including the department, of their right to present evidence at the fact-finding hearing.

(2) Upon filing of ((an alternative residential placement)) a child in need of services petition, the child may be placed, if not already placed, by the department in a crisis residential center, foster family home, group home facility licensed under chapter 74.15 RCW, or any other suitable residence to be determined by the department.

(3) If the child has been placed in a foster family home or group care facility under chapter 74.15 RCW, the child shall remain there, or in any other suitable residence as determined by the department, pending resolution of the ((alternative residential placement)) petition by the court. Any placement may be reviewed by the court within three ((court)) judicial days upon the request of the juvenile or the juvenile's parent.

Sec. 16. RCW 13.32A.170 and 1989 c 269 s 3 are each amended to read as follows:

(1) The court shall hold a fact-finding hearing to consider a proper petition and may approve or deny ((alternative residential)) an out-of-home placement giving due weight to the intent of the legislature that families have the right to place reasonable restrictions and rules upon their children, appropriate to the individual child's developmental level. The court may appoint legal counsel and/or a guardian ad litem to represent the child and advise parents of their right to be represented by legal counsel. The court may approve an order stating that the child shall be placed in a residence other than the home of his or her parent only if it is established by a preponderance of the evidence, including a departmental recommendation for approval or dismissal of the petition, that:

(a) The petition is not capricious;

(b) The petitioner, if a ((parent or the)) child, has made a reasonable effort to resolve the conflict;

(c) The conflict ((which exists)) cannot be resolved by delivery of services to the family during continued placement of the child in the parental home;

(d) Reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home; and

(e) A suitable out-of-home placement resource is available.

The court may not grant a petition filed by the child or the department if it is established that the petition is based only upon a dislike of reasonable rules or reasonable discipline established by the parent.

(2) ((The order approving out-of-home placement shall direct the department to submit a disposition plan for a three-month placement of the child that is designed to reunite the family and resolve the family conflict. Such plan shall delineate any conditions or limitations on parental involvement. In making the order, the court shall further direct the department to make recommendations, as to which agency or person should have physical custody of the child, as to which parental powers should be awarded to such agency or person, and as to parental visitation rights. The court may direct the department to consider the cultural heritage of the child in making its recommendations.

(3) The hearing to consider the recommendations of the department for a three-month disposition plan shall be set no later than fourteen days after the approval of the court of a petition to approve alternative residential placement. Each party shall be notified of the time and place of such disposition hearing.

(4) If the court approves or denies a petition for an alternative residential placement, a written statement of the reasons shall be filed. If the court denies a petition requesting that a child be placed in a residence other than the home of his or her parent, the court shall enter an order requiring the child to remain at or return to the home of his or her parent.

(5) If the court denies the petition, the court shall impress upon the party filing the petition of the legislative intent to restrict the proceedings to situations where a family conflict is so great that it cannot be resolved by the provision of in-home services.

(6) A child who fails to comply with a court order directing that the child remain at or return to the home of his or her parent shall be subject to contempt proceedings, as provided in this chapter, but only if the noncompliance occurs within ninety calendar days after the day of the order.

(7) The department may request, and the juvenile court may grant, dismissal of an alternative residential placement order when it is not feasible for the department to provide services due to one or more of the following circumstances:

(a) The child has been absent from court approved placement for thirty consecutive days or more;

(b) The parents or the child, or all of them, refuse to cooperate in available, appropriate intervention aimed at reunifying the family; or

Following the fact-finding hearing the court shall: (a) Enter a temporary out-of-home placement for a period not to exceed fourteen days pending approval of a disposition decision to be made under section 18(2) of this act; (b) approve an at-risk youth petition filed by the parents; (c) dismiss the petition; or (d) order the department to review the case to determine whether the case is appropriate for a dependency petition under chapter 13.34 RCW.

Sec. 17. RCW 13.32A.175 and 1987 c 435 s 13 are each amended to read as follows:

In any proceeding in which the court approves an ((alternative residential)) out-of-home placement, the court shall inquire into the ability of parents to contribute to the child's support. If the court finds that the parents are able to contribute to the support of the child, the court shall order them to make such support payments as the court deems equitable. The court may enforce such an order by execution or in any way in which a court of equity may enforce its orders. However, payments shall not be required of a parent who has both opposed the placement and continuously sought reconciliation with, and the return of, the child. All orders entered in a proceeding approving ((alternative residential)) out-of-home placement shall be in compliance with the provisions of RCW 26.23.050.

NEW SECTION. Sec. 18. A new section is added to chapter 13.32A RCW to read as follows:

(1) A hearing shall be held no later than fourteen days after the approval of the temporary out-of-home placement. The parents, child, and department shall be notified of the time and place of the hearing.

(2) At the commencement of the hearing the court shall advise the parents of their rights as set forth in RCW 13.32A.160(1)(e). If the court approves or denies a child in need of services petition, a written statement of the reasons shall be filed. At the conclusion of the hearing the court may: (a) Reunite the family and dismiss the petition; (b) approve an at-risk youth petition filed by the parents; (c) approve a voluntary out-of-home placement requested by the parents; (d) order any conditions set forth in RCW 13.32A.196(2); or (e) order the department to file a petition for dependency under chapter 13.34 RCW.

(3) At the conclusion of the hearing, if the court has not taken action under subsection (2) of this section it may, at the request of the child or department, enter an order for out-of-home placement for not more than ninety days. The court may only enter an order under this subsection if it finds by clear, cogent, and convincing evidence that: (a)(i) The order is in the best interest of the family; (ii) the parents have not requested an out-of-home placement; (iii) the parents have not exercised any other right listed in RCW 13.32A.160(1)(e); (iv) the child has made reasonable efforts to resolve the conflict; (v) the conflict cannot be resolved by delivery of services to the family during continued placement of the child in the parental home; (vi) reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home; and (vii) a suitable out-of-home placement resource is available; (b)(i) the order is in the best interest of the child; and (ii) the parents are unavailable; or (c) the parent's actions cause an imminent threat to the child's health or safety.

(4) A child who fails to comply with a court order issued under this section shall be subject to contempt proceedings, as provided in this chapter, but only if the noncompliance occurs within one year after the entry of the order.

(5) The parents or the department may request, and the court may grant, dismissal of a placement order when it is not feasible for the department to provide services due to one or more of the following circumstances:

(a) The child has been absent from court approved placement for thirty consecutive days or more;

(b) The parents or the child, or all of them, refuse to cooperate in available, appropriate intervention aimed at reunifying the family; or

(6) The court shall dismiss a placement made under subsection (2)(c) of this section upon the request of the parents.

Sec. 19. RCW 13.32A.177 and 1988 c 275 s 14 are each amended to read as follows:

A determination of ((child)) support payments ordered under RCW 13.32A.175 shall be based upon ((the child support schedule and standards adopted under)) chapter 26.19 RCW ((26.19.040)).

Sec. 20. RCW 13.32A.180 and 1979 c 155 s 32 are each amended to read as follows:

(1) ((At a dispositional hearing held to consider the three-month dispositional plan presented by the department the court shall consider all such recommendations included therein. The court, consistent with the stated goal of resolving the family conflict and reuniting the family, may modify such plan and shall make its dispositional order for)) If the court orders a three-month out-of-home placement for the child((.)), the court ((dispositional order)) shall specify the person or agency with whom the child shall be placed, those parental powers which will be temporarily awarded to such agency or person including but not limited to the right to authorize medical, dental, and optical treatment, and parental visitation rights. Any agency or residence at which the child is placed must, at a minimum, comply with minimum standards for licensed family foster homes.

(2) No placement made pursuant to this section may be in a secure residence as defined by the federal Juvenile Justice and Delinquency Prevention Act of 1974 ((and clarifying interpretations and regulations promulgated thereunder)).

Sec. 21. RCW 13.32A.190 and 1989 c 269 s 5 are each amended to read as follows:

(1) Upon making a dispositional order under ((RCW 13.32A.180)) section 18 of this act, the court shall schedule the matter on the calendar for review within three months, advise the parties of the date thereof, appoint legal counsel and/or a guardian ad litem to represent the child at the review hearing, advise parents of their right to be represented by legal counsel at the review hearing, and notify the parties of their rights to present evidence at the hearing. Where resources are available, the court shall encourage the parent and child to participate in ((mediation)) programs for reconciliation of their conflict.

(2) At the review hearing, the court shall approve or disapprove the continuation of the dispositional plan in accordance with ((the goal of resolving the conflict and reuniting the family which governed the initial approval)) this chapter. The court shall determine whether reasonable efforts have been made to reunify the family and make it possible for the child to return home. The court ((is authorized to)) shall discontinue the placement and order that the child return home if the court has reasonable grounds to believe that the parents have ((displayed concerted)) made reasonable efforts to ((utilize services and)) resolve the conflict and the court has reason to believe that the child's refusal to return home is capricious. If out-of-home placement is continued, the court may modify the dispositional plan.

(3) Out-of-home placement may not be continued past one hundred eighty days from the day the review hearing commenced. The court shall order ((that)) the child to return to the home of the parent at the expiration of the placement. If ((continued)) an out-of-home placement is disapproved prior to one hundred eighty days, the court shall enter an order requiring ((that)) the child to return to the home of the child's parent.

(4) The parents and the department may request, and the juvenile court may grant, dismissal of an ((alternative residential)) out-of-home placement order when it is not feasible for the department to provide services due to one or more of the following circumstances:

(a) The child has been absent from court approved placement for thirty consecutive days or more;

(b) The parents or the child, or all of them, refuse to cooperate in available, appropriate intervention aimed at reunifying the family; or

(5) The court shall terminate a placement made under this section upon the request of a parent unless the placement is made pursuant to section 18(3) of this act.

NEW SECTION. Sec. 22. A new section is added to chapter 13.32A RCW to read as follows:

(1) A child's parent may file with the juvenile court a petition in the interest of a child alleged to be an at-risk youth. The department shall, when requested, assist the parent in filing the petition. The petition shall be filed in the county where the petitioner resides. The petition shall set forth the name, age, and residence of the child and the names and residence of the child's parents and shall allege that:

(a) The child is an at-risk youth as defined in this chapter;

(b) The petitioner has the right to legal custody of the child;

(c) Court intervention and supervision are necessary to assist the parent to maintain the care, custody, and control of the child; and

(d) Alternatives to court intervention have been attempted or there is good cause why such alternatives have not been attempted.

(2) The petition shall set forth facts that support the allegations in this section and shall generally request relief available under this chapter. The petition need not specify any proposed disposition following adjudication of the petition. The filing of an at-risk youth petition is not dependent upon the court's having obtained any prior jurisdiction over the child or his or her parent and confers upon the court the special jurisdiction to assist the parent in maintaining parental authority and responsibility for the child.

(3) A petition may not be filed if a dependency petition is pending under chapter 13.34 RCW.

Sec. 23. RCW 13.32A.192 and 1990 c 276 s 12 are each amended to read as follows:

(1) When a proper at-risk youth petition is filed by a child's parent under ((RCW 13.32A.120 or 13.32A.150)) this chapter, the juvenile court shall:

(a) Schedule a fact-finding hearing to be held within three judicial days and notify the parent and the child of such date;

(b) Notify the parent of the right to be represented by counsel at the parent's own expense;

(d) Inform the child and his or her parent of the legal consequences of the court finding the child to be an at-risk youth; and

(e) Notify the parent and the child of their rights to present evidence at the fact-finding hearing.

(2) Unless out-of-home placement of the child is otherwise authorized or required by law, the child shall reside in the home of his or her parent or in an ((alternative residential)) out-of-home placement requested by the parent or child and approved by the parent. ((Upon request by the parent, the court may enter a court order requiring the child to reside in the home of his or her parent or an alternative residential placement approved by the parent.))

(3) If upon sworn written or oral declaration of the petitioning parent, the court has reason to believe that a child has willfully and knowingly violated a court order issued pursuant to subsection (2) of this section, the court may issue an order directing law enforcement to take the child into custody and place the child in a juvenile detention facility or in a secure crisis residential center ((licensed by the department and established pursuant to chapter 74.13 RCW)). If the child is placed in detention, a review shall be held as provided in RCW 13.32A.065.

(4) If both ((an alternative residential placement)) a child in need of services petition and an at-risk youth petition have been filed with regard to the same child, the petitions and proceedings shall be consolidated ((for purposes of fact-finding)) as an at-risk youth petition. Pending a fact-finding hearing regarding the petition, the child may be placed((,)) in the parent's home or in an out-of-home placement if not already placed((,)) in ((an alternative residential)) a temporary out-of-home placement ((as provided in RCW 13.32A.160 unless the court has previously entered an order requiring the child to reside in the home of his or her parent)). The child or the parent may request a review of the child's placement including a review of any court order requiring the child to reside in the parent's home. ((At the review the court, in its discretion, may order the child placed in the parent's home or in an alternative residential placement pending the hearing.))

Sec. 24. RCW 13.32A.194 and 1990 c 276 s 13 are each amended to read as follows:

(1) The court shall hold a fact-finding hearing to consider a proper at-risk youth petition. The court ((may)) shall grant the petition and enter an order finding the child to be an at-risk youth if the allegations in the petition are established by a preponderance of the evidence((. The court shall not enter such an order if the court has approved an alternative residential placement petition regarding the child or if)), unless the child is the subject of a proceeding under chapter 13.34 RCW. If the petition is granted, the court shall enter an order requiring the child to reside in the home of his or her parent or ((in an alternative residential placement approved by the parent)) in an out-of-home placement as provided in RCW 13.32A.192(2).

(2) The court may order the department to submit a dispositional plan if such a plan would assist the court in ordering a suitable disposition in the case. If the court orders the department to prepare a plan, the department shall provide copies of the plan to the parent, the child, and the court. If the parties or the court desire the department to be involved in any future proceedings or case plan development, the department shall be provided timely notification of all court hearings.

(3) A dispositional hearing shall be held no later than fourteen days after the court has granted an at-risk youth petition. Each party shall be notified of the time and date of the hearing.

(4) If the court grants or denies an at-risk youth petition, a statement of the written reasons shall be entered into the records. If the court denies an at-risk youth petition, the court shall verbally advise the parties that the child is required to remain within the care, custody, and control of his or her parent.

Sec. 25. RCW 13.32A.196 and 1991 c 364 s 14 are each amended to read as follows:

(1) At the dispositional hearing regarding an adjudicated at-risk youth, the court shall consider the recommendations of the parties and the recommendations of any dispositional plan submitted by the department. The court may enter a dispositional order that will assist the parent in maintaining the care, custody, and control of the child and assist the family to resolve family conflicts or problems.

(2) The court may set conditions of supervision for the child that include:

(a) Regular school attendance;

(b) Counseling;

(d) Reporting on a regular basis to the department or any other designated person or agency; and

(e) Any other condition the court deems an appropriate condition of supervision including but not limited to: Employment, participation in an anger management program, and refraining from using alcohol or drugs.

(3) No dispositional order or condition of supervision ordered by a court pursuant to this section shall include involuntary commitment of a child for substance abuse or mental health treatment.

(4) The court may order the parent to participate in counseling services or any other services for the child requiring parental participation. The parent shall cooperate with the court-ordered case plan and shall take necessary steps to help implement the case plan. The parent shall be financially responsible for costs related to the court-ordered plan; however, this requirement shall not affect the eligibility of the parent or child for public assistance or other benefits to which the parent or child may otherwise be entitled.

(5) The parent may request dismissal of an at-risk youth proceeding or out-of-home placement at any time and upon such a request, the court shall dismiss the matter and cease court supervision of the child unless a contempt action is pending in the case. The court may retain jurisdiction over the matter for the purpose of concluding any pending contempt proceedings, including the full satisfaction of any penalties imposed as a result of a contempt finding.

(((5))) (6) The court may order the department to monitor compliance with the dispositional order, assist in coordinating the provision of court-ordered services, and submit reports at subsequent review hearings regarding the status of the case.

Sec. 26. RCW 13.32A.250 and 1990 c 276 s 16 are each amended to read as follows:

(1) In all ((alternative residential placement)) child in need of services proceedings and at-risk youth proceedings, the court shall verbally notify the parents and the child of the possibility of a finding of contempt for failure to comply with the terms of a court order entered pursuant to this chapter. The court shall treat the parents and the child equally for the purposes of applying contempt of court processes and penalties under this section.

(2) Failure by a party to comply with an order entered under this chapter is a contempt of court as provided in chapter 7.21 RCW, subject to the limitations of subsection (((2))) (3) of this section.

(3) The court may impose a fine of up to one hundred dollars and imprisonment for up to seven days, or both for contempt of court under this section.

(4) A child imprisoned for contempt under this section shall be imprisoned only in a secure juvenile detention facility operated by or pursuant to a contract with a county.

(5) A motion for contempt may be made by a parent, a child, juvenile court personnel, or by any public agency, organization, or person having custody of the child under a court order adopted pursuant to this chapter.

NEW SECTION. Sec. 27. A new section is added to chapter 13.32A RCW to read as follows:

No superior court may refuse to accept for filing a properly completed and presented child in need of services petition or an at-risk youth petition. To be properly presented, the petitioner shall verify that the family assessment required under RCW 13.32A.150 has been completed. In the event of an improper refusal that is appealed and reversed, the petitioner shall be awarded actual damages, costs, and attorneys' fees.

NEW SECTION. Sec. 28. A new section is added to chapter 13.32A RCW to read as follows:

(1) Any person who provides shelter to a child for at least six consecutive hours and who has reasonable cause to believe that the child is absent from his or her home without permission shall, not later than the end of the six-hour period:

(a) Attempt to notify the parent of the child of the location of the child and return the child to the parent unless there has been a placement ordered under this title;

(b) Notify the law enforcement agency of the jurisdiction in which the person lives if (i) the parent cannot be located; (ii) the parent declines to take custody of the child; or (iii) a placement order has been entered under this chapter; or

(2) If a person provides the notices required in this section he or she is immune from liability for any cause of action arising from providing shelter to the child. The immunity shall not extend to acts of intentional misconduct or gross negligence by the person providing the shelter.

NEW SECTION. Sec. 29. A new section is added to chapter 13.32A RCW to read as follows:

Upon the admissions of a child to a crisis residential center the administrator of the facility shall request the department to provide: (1) The name of any sibling of the child who has been: (a) Placed under the jurisdiction of the juvenile rehabilitation administration; or (b) subject to a proceeding under chapter 13.34 RCW; and (2) information regarding whether the child has run away multiple times.

The department shall provide the information as soon as feasible. The administrator may utilize the information in assessing the needs of the child but a petition filed under this chapter may not be based solely on this information.

Sec. 30. RCW 13.04.030 and 1994 sp.s. c 7 s 519 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, the juvenile courts in the several counties of this state, shall have exclusive original jurisdiction over all proceedings:

(a) Under the interstate compact on placement of children as provided in chapter 26.34 RCW;

(b) Relating to children alleged or found to be dependent as provided in chapter 26.44 RCW and in RCW 13.34.030 through 13.34.170;

(d) To approve or disapprove ((alternative residential)) out-of-home placement as provided in RCW 13.32A.170;

(e) Relating to juveniles alleged or found to have committed offenses, traffic infractions, or violations as provided in RCW 13.40.020 through 13.40.230, unless:

(i) The juvenile court transfers jurisdiction of a particular juvenile to adult criminal court pursuant to RCW 13.40.110; or

(ii) The statute of limitations applicable to adult prosecution for the offense, traffic infraction, or violation has expired; or

(iii) The alleged offense or infraction is a traffic, fish, boating, or game offense or traffic infraction committed by a juvenile sixteen years of age or older and would, if committed by an adult, be tried or heard in a court of limited jurisdiction, in which instance the appropriate court of limited jurisdiction shall have jurisdiction over the alleged offense or infraction: PROVIDED, That if such an alleged offense or infraction and an alleged offense or infraction subject to juvenile court jurisdiction arise out of the same event or incident, the juvenile court may have jurisdiction of both matters: PROVIDED FURTHER, That the jurisdiction under this subsection does not constitute "transfer" or a "decline" for purposes of RCW 13.40.110(1) or (e)(i) of this subsection: PROVIDED FURTHER, That courts of limited jurisdiction which confine juveniles for an alleged offense or infraction may place juveniles in juvenile detention facilities under an agreement with the officials responsible for the administration of the juvenile detention facility in RCW 13.04.035 and 13.20.060; or

(iv) The juvenile is sixteen or seventeen years old and the alleged offense is: (A) A serious violent offense as defined in RCW 9.94A.030 committed on or after June 13, 1994; or (B) a violent offense as defined in RCW 9.94A.030 committed on or after June 13, 1994, and the juvenile has a criminal history consisting of: (I) One or more prior serious violent offenses; (II) two or more prior violent offenses; or (III) three or more of any combination of the following offenses: Any class A felony, any class B felony, vehicular assault, or manslaughter in the second degree, all of which must have been committed after the juvenile's thirteenth birthday and prosecuted separately. In such a case the adult criminal court shall have exclusive original jurisdiction.

If the juvenile challenges the state's determination of the juvenile's criminal history, the state may establish the offender's criminal history by a preponderance of the evidence. If the criminal history consists of adjudications entered upon a plea of guilty, the state shall not bear a burden of establishing the knowing and voluntariness of the plea;

(f) Under the interstate compact on juveniles as provided in chapter 13.24 RCW;

(g) Relating to termination of a diversion agreement under RCW 13.40.080, including a proceeding in which the divertee has attained eighteen years of age; and

(h) Relating to court validation of a voluntary consent to foster care placement under chapter 13.34 RCW, by the parent or Indian custodian of an Indian child, except if the parent or Indian custodian and child are residents of or domiciled within the boundaries of a federally recognized Indian reservation over which the tribe exercises exclusive jurisdiction.

(2) The family court shall have concurrent original jurisdiction with the juvenile court over all proceedings under this section if the superior court judges of a county authorize concurrent jurisdiction as provided in RCW 26.12.010.

(3) A juvenile subject to adult superior court jurisdiction under subsection (1)(e) (i) through (iv) of this section, who is detained pending trial, may be detained in a county detention facility as defined in RCW 13.40.020 pending sentencing or a dismissal.

Sec. 31. RCW 13.04.040 and 1983 c 191 s 14 are each amended to read as follows:

The administrator shall, in any county or judicial district in the state, appoint or designate one or more persons of good character to serve as probation counselors during the pleasure of the administrator. The probation counselor shall:

(1) Receive and examine referrals to the juvenile court for the purpose of considering the filing of a petition or information pursuant to chapter 13.32A or 13.34 RCW ((13.34.040, 13.34.180, and)) or RCW 13.40.070 ((as now or hereafter amended, and RCW 13.32A.150));

(2) Make recommendations to the court regarding the need for continued detention or shelter care of a child unless otherwise provided in this title;

(3) Arrange and supervise diversion agreements as provided in RCW 13.40.080, ((as now or hereafter amended,)) and ensure that the requirements of such agreements are met except as otherwise provided in this title;

(4) Prepare predisposition studies as required in RCW 13.34.120 and 13.40.130, ((as now or hereafter amended,)) and be present at the disposition hearing to respond to questions regarding the predisposition study: PROVIDED, That such duties shall be performed by the department ((of social and health services)) for cases relating to dependency or to the termination of a parent and child relationship which is filed by the department ((of social and health services)) unless otherwise ordered by the court; and

(5) Supervise court orders of disposition to ensure that all requirements of the order are met.

All probation counselors shall possess all the powers conferred upon sheriffs and police officers to serve process and make arrests of juveniles under their supervision for the violation of any state law or county or city ordinance.

The administrator may, in any county or judicial district in the state, appoint one or more persons who shall have charge of detention rooms or houses of detention.

The probation counselors and persons appointed to have charge of detention facilities shall each receive compensation which shall be fixed by the legislative authority of the county, or in cases of joint counties, judicial districts of more than one county, or joint judicial districts such sums as shall be agreed upon by the legislative authorities of the counties affected, and such persons shall be paid as other county officers are paid.

The administrator is hereby authorized, and to the extent possible is encouraged to, contract with private agencies existing within the community for the provision of services to youthful offenders and youth who have entered into diversion agreements pursuant to RCW 13.40.080((, as now or hereafter amended)).

The administrator shall establish procedures for the collection of fines assessed under RCW 13.40.080 (2)(d) and (13) and for the payment of the fines into the county general fund.

Sec. 32. RCW 13.04.093 and 1991 c 363 s 11 are each amended to read as follows:

It shall be the duty of the prosecuting attorney to act in proceedings relating to the commission of a juvenile offense as provided in RCW 13.40.070 and 13.40.090 and in proceedings as provided in chapter 71.34 RCW. It shall be the duty of the prosecuting attorney to handle delinquency cases under chapter 13.24 RCW and it shall be the duty of the attorney general to handle dependency cases under chapter 13.24 RCW. It shall be the duty of the attorney general in contested cases brought by the department to present the evidence supporting any petition alleging dependency or seeking the termination of a parent and child relationship or any contested case filed under RCW 26.33.100 or approving or disapproving ((alternative residential)) out-of-home placement: PROVIDED, That in each county with a population of less than two hundred ten thousand, the attorney general may contract with the prosecuting attorney of the county to perform ((said)) the duties of the attorney general under this section.

NEW SECTION. Sec. 33. The department of social and health services shall develop a plan for the development of an intensive treatment system for children whose behavior puts them at serious risk of harm to themselves or others. In developing this plan, the department shall work with service providers, community leaders, representatives of different cultural communities, businesses, educational institutions, community public health and safety networks, and others to propose a continuum of services, including placement alternatives, for children who might otherwise be on the street.

In developing this plan, the department shall identify existing local and state services and barriers to those services for children. The plan for intensive treatment services, to the extent possible, shall build upon those existing resources.

The plan shall be presented to the legislature and the governor no later than December 1, 1995.

NEW SECTION. Sec. 34. A new section is added to chapter 13.32A RCW to read as follows:

Nothing in this chapter shall be construed to create an entitlement to services nor to create judicial authority to order the provision at public expense of services to any person or family where the department has determined that such services are unavailable or unsuitable or that the child or family are not eligible for such services.

NEW SECTION. Sec. 35. A new section is added to chapter 13.32A RCW to read as follows:

In approving a petition under this chapter, a child may be placed in a semi-secure crisis residential center as a temporary out-of-home placement under the following conditions: (1) No other suitable out-of-home placement is available; (2) space is available in the semi-secure crisis residential center; and (3) no child will be denied access for a five-day placement due to this placement.

Any child referred to a semi-secure crisis residential center by a law enforcement officer, the department, or himself or herself shall have priority over a temporary out-of-home placement in the facility. Any out-of-home placement order shall be subject to this priority, and the administrator of the semi-secure crisis residential center shall transfer the temporary out-of-home placement youth to a new out-of-home placement as necessary to ensure access for youth needing the semi-secure crisis residential center.

Sec. 36. RCW 70.96A.090 and 1990 c 151 s 5 are each amended to read as follows:

(1) The department shall adopt rules establishing standards for approved treatment programs, the process for the review and inspection program applying to the department for certification as an approved treatment program, and fixing the fees to be charged by the department for the required inspections. The standards may concern the health standards to be met and standards of services and treatment to be afforded patients.

(2) The department may suspend, revoke, limit, restrict, or modify an approval, or refuse to grant approval, for failure to meet the provisions of this chapter, or the standards adopted under this chapter. RCW 43.20A.205 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding.

(3) No treatment program may advertise or represent itself as an approved treatment program if approval has not been granted, has been denied, suspended, revoked, or canceled.

(4) Certification as an approved treatment program is effective for one calendar year from the date of issuance of the certificate. The certification shall specify the types of services provided by the approved treatment program that meet the standards adopted under this chapter. Renewal of certification shall be made in accordance with this section for initial approval and in accordance with the standards set forth in rules adopted by the secretary.

(5) Approved treatment programs shall not provide alcoholism or other drug addiction treatment services for which the approved treatment program has not been certified. Approved treatment programs may provide services for which approval has been sought and is pending, if approval for the services has not been previously revoked or denied.

(6) The department periodically shall inspect approved public and private treatment programs at reasonable times and in a reasonable manner.

(7) The department shall maintain and periodically publish a current list of approved treatment programs.

(8) Each approved treatment program shall file with the department on request, data, statistics, schedules, and information the department reasonably requires. An approved treatment program that without good cause fails to furnish any data, statistics, schedules, or information as requested, or files fraudulent returns thereof, may be removed from the list of approved treatment programs, and its certification revoked or suspended.

(9) The department shall use the data provided in subsection (8) of this section to evaluate each program in terms of rates of successful treatment of drug or alcohol abuse. The evaluation shall be done at least once every twelve months. In addition, the department shall randomly select and review the information on individual children who are admitted on application of the child's parent for the purpose of determining whether the child was appropriately placed into treatment based on an objective evaluation of the child's condition and the success of the child's treatment.

(10) Upon petition of the department and after a hearing held upon reasonable notice to the facility, the superior court may issue a warrant to an officer or employee of the department authorizing him or her to enter and inspect at reasonable times, and examine the books and accounts of, any approved public or private treatment program refusing to consent to inspection or examination by the department or which the department has reasonable cause to believe is operating in violation of this chapter.

Sec. 37. RCW 70.96A.095 and 1991 c 364 s 9 are each amended to read as follows:

(1) Any person ((fourteen)) thirteen years of age or older may give consent for himself or herself to the furnishing of counseling, care, treatment, or rehabilitation by a treatment program or by any person. Consent of the parent, parents, or legal guardian of a person less than eighteen years of age is not necessary to authorize the care, except that the person shall not become a resident of the treatment program without such permission except as provided in RCW 70.96A.120 or 70.96A.140. The parent, parents, or legal guardian of a person less than eighteen years of age are not liable for payment of care for such persons pursuant to this chapter, unless they have joined in the consent to the counseling, care, treatment, or rehabilitation.

(2) The parent of any minor child may apply to an approved treatment program for the admission of his or her minor child for purposes authorized in this chapter. The consent of the minor child shall not be required for the application or admission. The approved treatment program shall accept the application and evaluate the child for admission. The ability of a parent to apply to an approved treatment program for the involuntary admission of his or her minor child does not create a right to obtain or benefit from any funds or resources of the state.

Sec. 38. RCW 71.34.030 and 1985 c 354 s 3 are each amended to read as follows:

(1) Any minor thirteen years or older may request and receive outpatient treatment without the consent of the minor's parent. Parental authorization is required for outpatient treatment of a minor under the age of thirteen.

(2) When in the judgment of the professional person in charge of an evaluation and treatment facility there is reason to believe that a minor is in need of inpatient treatment because of a mental disorder, and the facility provides the type of evaluation and treatment needed by the minor, and it is not feasible to treat the minor in any less restrictive setting or the minor's home, the minor may be admitted to an evaluation and treatment facility in accordance with the following requirements:

(a) ((A minor under thirteen years of age may only be admitted on the application of the minor's parent.

(b))) A minor ((thirteen years or older)) may be voluntarily admitted by application of the parent. ((Such application must be accompanied by the written consent, knowingly and voluntarily given, of the minor.)) The consent of the minor is not required for the minor to be evaluated and admitted as appropriate.

(((c))) (b) A minor thirteen years or older may, with the concurrence of the professional person in charge of an evaluation and treatment facility, admit himself or herself without parental consent to the evaluation and treatment facility, provided that notice is given by the facility to the minor's parent in accordance with the following requirements:

(i) Notice of the minor's admission shall be in the form most likely to reach the parent within twenty-four hours of the minor's voluntary admission and shall advise the parent that the minor has been admitted to inpatient treatment; the location and telephone number of the facility providing such treatment; and the name of a professional person on the staff of the facility providing treatment who is designated to discuss the minor's need for inpatient treatment with the parent.

(ii) The minor shall be released to the parent at the parent's request for release unless the facility files a petition with the superior court of the county in which treatment is being provided setting forth the basis for the facility's belief that the minor is in need of inpatient treatment and that release would constitute a threat to the minor's health or safety.

(iii) The petition shall be signed by the professional person in charge of the facility or that person's designee.

(iv) The parent may apply to the court for separate counsel to represent the parent if the parent cannot afford counsel.

(v) There shall be a hearing on the petition, which shall be held within three judicial days from the filing of the petition.

(vi) The hearing shall be conducted by a judge, court commissioner, or licensed attorney designated by the superior court as a hearing officer for such hearing. The hearing may be held at the treatment facility.

(vii) At such hearing, the facility must demonstrate by a preponderance of the evidence presented at the hearing that the minor is in need of inpatient treatment and that release would constitute a threat to the minor's health or safety. The hearing shall not be conducted using the rules of evidence, and the admission or exclusion of evidence sought to be presented shall be within the exercise of sound discretion by the judicial officer conducting the hearing.

(((d))) (c) Written renewal of voluntary consent must be obtained from the applicant ((and the minor thirteen years or older)) no less than once every twelve months.

(((e))) (d) The minor's need for continued inpatient treatments shall be reviewed and documented no less than every one hundred eighty days.

(3) A notice of intent to leave shall result in the following:

(a) Any minor under the age of thirteen must be discharged immediately upon written request of the parent.

(b) Any minor thirteen years or older voluntarily admitted may give notice of intent to leave at any time. The notice need not follow any specific form so long as it is written and the intent of the minor can be discerned.

(c) The staff member receiving the notice shall date it immediately, record its existence in the minor's clinical record, and send copies of it to the minor's attorney, if any, the county-designated mental health professional, and the parent.

(d) The professional person in charge of the evaluation and treatment facility shall discharge the minor, thirteen years or older, from the facility within twenty-four hours after receipt of the minor's notice of intent to leave, unless the county-designated mental health professional or a parent or legal guardian files a petition or an application for initial detention within the time prescribed by this chapter.

(4) The ability of a parent to apply to a certified evaluation and treatment program for the involuntary admission of his or her minor child does not create a right to obtain or benefit from any funds or resources of the state.

NEW SECTION. Sec. 39. A new section is added to chapter 71.34 RCW to read as follows:

The department shall randomly select and review the information on children who are admitted to in-patient treatment on application of the child's parent. The review shall determine whether the children reviewed were appropriately admitted into treatment based on an objective evaluation of the child's condition and the success of the child's treatment.

Sec. 40. RCW 74.13.031 and 1990 c 146 s 9 are each amended to read as follows:

The department shall have the duty to provide child welfare services as defined in RCW 74.13.020, and shall:

(1) Develop, administer, supervise, and monitor a coordinated and comprehensive plan that establishes, aids, and strengthens services for the protection and care of homeless, runaway, dependent, or neglected children.

(2) Develop a recruiting plan for recruiting an adequate number of prospective adoptive and foster homes, both regular and specialized, ((i.e.)) including homes for children of ethnic minority, ((including)) Indian homes for Indian children, sibling groups, handicapped and emotionally disturbed, and annually submit the plan for review to the ((house and senate committees on social and health services)) legislature. The plan shall include a section entitled "Foster Home Turn-Over, Causes and Recommendations."

(3) Investigate complaints of neglect, abuse, or abandonment of children, and on the basis of the findings of such investigation, offer child welfare services in relation to the problem to such parents, legal custodians, or persons serving in loco parentis, and/or bring the situation to the attention of an appropriate court, or another community agency((: PROVIDED, That an)). No investigation is ((not)) required of nonaccidental injuries which are clearly not the result of a lack of care or supervision by the child's parents, legal custodians, or persons serving in loco parentis. If ((the)) an investigation reveals that a crime may have been committed, the department shall notify the appropriate law enforcement agency.

(4) Offer, on a voluntary basis, family reconciliation services to families who are in conflict.

(5) Monitor out-of-home placements, on a timely and routine basis, to assure the safety, well-being, and quality of care being provided is within the scope of the intent of the legislature as defined in RCW 74.13.010 and 74.15.010, and annually submit a report delineating the results to the ((house and senate committees on social and health services)) legislature.

(6) Have authority to accept custody of children from parents and ((to accept custody of children from)) juvenile courts, where authorized to do so under law, to provide child welfare services including placement for adoption, and to provide for the physical care of such children and make payment of maintenance costs if needed. Except where required by Public Law 95-608 (25 U.S.C. Sec. 1915), no private adoption agency which receives children for adoption from the department shall discriminate on the basis of race, creed, or color when considering applications in their placement for adoption.

(7) Have authority to provide temporary shelter to children who have run away from home and who are admitted to crisis residential centers.

(8) Have authority to purchase care for children((;)) and ((shall follow in general the policy of using)) use properly approved private agency services for the ((actual)) care and supervision of such children insofar as they are available, paying for care of such children as are accepted by the department as eligible for support at reasonable rates established by the department.

(9) Establish a children's services advisory committee which shall assist the secretary in the development of a partnership plan for utilizing resources of the public and private sectors, and advise on all matters pertaining to child welfare, day care, licensing of child care agencies, adoption, and related services ((related thereto)). At least one-third of the membership shall be ((composed of)) child care providers, and at least one member shall represent the adoption community.

(10) Have authority to provide continued foster care or group care for individuals from eighteen through twenty years of age to enable them to complete their high school or vocational school program.

(11) Have authority within funds appropriated for foster care services to purchase care for Indian children who are in the custody of a federally recognized Indian tribe or tribally licensed child-placing agency pursuant to parental consent, tribal court order, or state juvenile court order((; and)). The purchase of such care ((shall be)) is subject to the same eligibility standards and rates of support applicable to other children for whom the department purchases care.

Notwithstanding any other provision of RCW 13.32A.170 through 13.32A.200 and 74.13.032 through 74.13.036, or of this section all services to be provided by the department of social and health services under subsections (4)((,)) and (6)((, and (7))) of this section, subject to the limitations of these subsections, may be provided by any program offering such services funded pursuant to Titles II and III of the federal juvenile justice and delinquency prevention act of 1974.

Sec. 41. RCW 74.13.032 and 1979 c 155 s 78 are each amended to read as follows:

(1) The department shall establish, by contracts with private vendors, ((not less than eight)) regional semi-secure crisis residential centers, which shall be structured group care facilities licensed under rules adopted by the department. Each regional center shall have an average of at least four adult staff members and in no event less than three adult staff members to every eight children. The staff shall be trained so that they may effectively counsel juveniles admitted to the centers, provide treatment, supervision, and structure to the juveniles, and carry out the responsibilities outlined in RCW 13.32A.090.

(2) Within available funds appropriated for this purpose, the department shall establish, by contracts with private vendors, secure crisis residential centers which shall be facilities licensed under rules adopted by the department. The location of these facilities shall be determined by the department.

(3) The department shall, in addition to the ((regional)) facilities established under subsections (1) and (2) of this section, establish ((not less than thirty)) additional crisis residential centers pursuant to contract with licensed private group care ((or specialized foster home)) facilities. The staff at the facilities shall be trained so that they may effectively counsel juveniles admitted to the centers, provide treatment, supervision, and structure to the juveniles, and carry out the responsibilities stated in RCW 13.32A.090. The responsibilities stated in RCW 13.32A.090 may, in any of the centers, be carried out by the department.

(4) Secure crisis residential facilities shall be operated as ((semi-secure)) secure facilities as defined in RCW 13.32A.030. The facilities shall have an average of no more than three adult staff members to every eight children. The staffing ratio shall continue to ensure the safety of the children.

(5) Any secure center created under this section may be located within, or on the same grounds as, other secure facilities including jails, juvenile detention facilities operated by the state, or units of local government. The operation of a center located within or on the same grounds as another secure facility shall not permit in-person contact between the residents of the center and the persons held in the other secure facility.

NEW SECTION. Sec. 42. A new section is added to chapter 74.13 RCW to read as follows:

No contract may provide reimbursement or compensation to a center for any service delivered or provided to a resident child after five consecutive days of residence.

Sec. 43. RCW 74.13.033 and 1992 c 205 s 213 are each amended to read as follows:

(1) If a resident of a center becomes by his or her behavior disruptive to the facility's program, such resident may be immediately removed to a separate area within the facility and counseled on an individual basis until such time as the child regains his or her composure. The department may set rules and regulations establishing additional procedures for dealing with severely disruptive children on the premises((, which procedures are consistent with the federal juvenile justice and delinquency prevention act of 1974 and regulations and clarifying instructions promulgated thereunder)). Nothing in this section shall prohibit a center from referring any child who, as the result of a mental or emotional disorder, or intoxication by alcohol or other drugs, is suicidal, seriously assaultive or seriously destructive toward others, or otherwise similarly evidences an immediate need for emergency medical evaluation and possible care, for evaluation pursuant to chapter 71.34 RCW or to a mental health professional pursuant to chapter 71.05 RCW whenever such action is deemed appropriate and consistent with law.

(2) When the juvenile resides in this facility, all services deemed necessary to the juvenile's reentry to normal family life shall be made available to the juvenile as required by chapter 13.32A RCW. In providing these services, the facility shall:

(a) Interview the juvenile as soon as possible;

(b) Contact the juvenile's parents and arrange for a counseling interview with the juvenile and his or her parents as soon as possible;

(c) Conduct counseling interviews with the juvenile and his or her parents, to the end that resolution of the child/parent conflict is attained and the child is returned home as soon as possible; and

(d) Provide additional crisis counseling as needed, to the end that placement of the child in the crisis residential center will be required for the shortest time possible, but not to exceed five consecutive days.

(3) A juvenile taking unauthorized leave from this residence may be apprehended and returned to it by law enforcement officers or other persons designated as having this authority as provided in RCW 13.32A.050. If returned to the facility after having taken unauthorized leave for a period of more than twenty-four hours a juvenile may be supervised by such a facility for a period, pursuant to this chapter, which, unless where otherwise provided, may not exceed five consecutive days on the premises. Costs of housing juveniles admitted to crisis residential centers shall be assumed by the department for a period not to exceed five consecutive days.

Sec. 44. RCW 74.13.034 and 1992 c 205 s 214 are each amended to read as follows:

(1) A child taken into custody and taken to a crisis residential center established pursuant to RCW 74.13.032(((2))) (3) may, if the center is unable to provide appropriate treatment, supervision, and structure to the child, be taken at department expense to another crisis residential center ((or)), the nearest regional secure crisis residential center, or a secure facility with which it is collocated under RCW 74.13.032. Placement in both ((centers)) locations shall not ((exceed)) be less than three nor more than five consecutive days from the point of intake as provided in RCW 13.32A.130.

(2) A child taken into custody and taken to a crisis residential center established by this chapter may be placed physically by the department or the department's designee and, at departmental expense and approval, in a secure juvenile detention facility operated by the county in which the center is located for a maximum of forty-eight hours, including Saturdays, Sundays, and holidays, if the child has taken unauthorized leave from the center and the person in charge of the center determines that the center cannot provide supervision and structure adequate to ensure that the child will not again take unauthorized leave. Juveniles placed in such a facility pursuant to this section may not, to the extent possible, come in contact with alleged or convicted juvenile or adult offenders.

(3) Any child placed in secure detention pursuant to this section shall, during the period of confinement, be provided with appropriate treatment by the department or the department's designee, which shall include the services defined in RCW 74.13.033(2). If the child placed in secure detention is not returned home or if an alternative living arrangement agreeable to the parent and the child is not made within twenty-four hours after the child's admission, the child shall be taken at the department's expense to a crisis residential center. Placement in the crisis residential center or centers plus placement in juvenile detention shall not exceed five consecutive days from the point of intake as provided in RCW 13.32A.130.

(4) Juvenile detention facilities used pursuant to this section shall first be certified by the department to ensure that juveniles placed in the facility pursuant to this section are provided with living conditions suitable to the well-being of the child. Where space is available, juvenile courts, when certified by the department to do so, shall provide secure placement for juveniles pursuant to this section, at department expense.

(((5) It is the intent of the legislature that by July 1, 1982, crisis residential centers, supplemented by community mental health programs and mental health professionals, will be able to respond appropriately to children admitted to centers under this chapter and will be able to respond to the needs of such children with appropriate treatment, supervision, and structure.))

Sec. 45. RCW 74.13.035 and 1979 c 155 s 81 are each amended to read as follows:

Crisis residential centers shall compile ((yearly)) quarterly records which shall be transmitted to the department and which shall contain information regarding population profiles of the children admitted to the centers during each past calendar year. Such information shall include but shall not be limited to the following:

(1) The number, county of residency, age, and sex of children admitted to custody;

(2) Who brought the children to the center;

(3) Services provided to children admitted to the center;

(4) The circumstances which necessitated the children being brought to the center;

(5) The ultimate disposition of cases;

(6) The number of children admitted to custody who ran away from the center and their ultimate disposition, if any;

(7) Length of stay.

The department may require the provision of additional information and may require each center to provide all such necessary information in a uniform manner.

The department shall report to the legislature within one year of the initial contracts establishing secure crisis residential centers. The report shall evaluate and compare the information required to be compiled in this section for the secure and semi-secure crisis residential centers and shall include plans for establishing secure crisis residential centers as funds are appropriated.

A center may, in addition to being licensed as such, also be licensed as a ((family foster home or)) group care facility and may house on the premises juveniles assigned for temporary out-of-home placement or foster or group care.

Sec. 46. RCW 74.13.036 and 1989 c 175 s 147 are each amended to read as follows:

(1) The department of social and health services shall oversee implementation of chapter 13.34 RCW and chapter 13.32A RCW. The oversight shall be comprised of working with affected parts of the criminal justice and child care systems as well as with local government, legislative, and executive authorities to effectively carry out these chapters. The department shall work with all such entities to ensure that chapters 13.32A and 13.34 RCW are implemented in a uniform manner throughout the state.

(2) The department shall((, by January 1, 1986,)) develop a plan and procedures, in cooperation with the state-wide advisory committee, to insure the full implementation of the provisions of chapter 13.32A RCW. Such plan and procedures shall include but are not limited to:

(a) Procedures defining and delineating the role of the department and juvenile court with regard to the execution of the ((alternative residential)) child in need of services placement process;

(b) Procedures for designating department staff responsible for family reconciliation services;

(d) Procedures for the continued education of all individuals in the criminal juvenile justice and child care systems who are affected by chapter 13.32A RCW, as well as members of the legislative and executive branches of government.

((The plan and procedures required under this subsection shall be submitted to the appropriate standing committees of the legislature by January 1, 1986.))

There shall be uniform application of the procedures developed by the department and juvenile court personnel, to the extent practicable. Local and regional differences shall be taken into consideration in the development of procedures required under this subsection.

(3) In addition to its other oversight duties, the department shall:

(a) Identify and evaluate resource needs in each region of the state;

(b) Disseminate information collected as part of the oversight process to affected groups and the general public;

(c) Educate affected entities within the juvenile justice and child care systems, local government, and the legislative branch regarding the implementation of chapters 13.32A and 13.34 RCW;

(d) Review complaints concerning the services, policies, and procedures of those entities charged with implementing chapters 13.32A and 13.34 RCW; and

(e) Report any violations and misunderstandings regarding the implementation of chapters 13.32A and 13.34 RCW.

(4) The secretary shall submit a quarterly report to the appropriate local government entities.

(5) Where appropriate, the department shall request opinions from the attorney general regarding correct construction of these laws.

Sec. 47. RCW 82.14.300 and 1990 2nd ex.s. c 1 s 1 are each amended to read as follows:

The legislature finds and declares that local government criminal justice systems are in need of assistance. Many counties and cities are unable to provide sufficient funding for additional police protection, mitigation of congested court systems, public safety education, and relief of overcrowded jails.

In order to ensure public safety, it is necessary to provide fiscal assistance to help local governments to respond immediately to these criminal justice problems, while initiating a review of the criminal justice needs of cities and counties and the resources available to address those needs.

To provide for a more efficient and effective response to these problems, the legislature encourages cities and counties to coordinate strategies against crime and use multijurisdictional and innovative approaches in addressing criminal justice problems.

((The legislature intends to provide fiscal assistance to counties and cities in the manner provided in this act until the report of the task force created under RCW 82.14.301 is available for consideration by the legislature.))

Sec. 48. RCW 82.14.320 and 1993 sp.s. c 21 s 2 are each amended to read as follows:

(1) The municipal criminal justice assistance account is created in the state treasury.

(2) No city may receive a distribution under this section from the municipal criminal justice assistance account unless:

(a) The city has a crime rate in excess of one hundred twenty-five percent of the state-wide average as calculated in the most recent annual report on crime in Washington state as published by the Washington association of sheriffs and police chiefs;

(b) The city has levied the tax authorized in RCW 82.14.030(2) at the maximum rate or the tax authorized in RCW 82.46.010(3) at the maximum rate; and

(c) The city has a per capita yield from the tax imposed under RCW 82.14.030(1) at the maximum rate of less than one hundred fifty percent of the state-wide average per capita yield for all cities from such local sales and use tax.

(3) The moneys deposited in the municipal criminal justice assistance account for distribution under this section shall be distributed at such times as distributions are made under RCW 82.44.150. The distributions shall be made as follows:

(a) Unless reduced by this subsection, thirty percent of the moneys shall be distributed ratably based on population as last determined by the office of financial management to those cities eligible under subsection (2) of this section that have a crime rate determined under subsection (2)(a) of this section which is greater than one hundred seventy-five percent of the state-wide average crime rate. No city may receive more than fifty percent of any moneys distributed under this subsection (a) but, if a city distribution is reduced as a result of exceeding the fifty percent limitation, the amount not distributed shall be distributed under (b) of this subsection.

(b) The remainder of the moneys, including any moneys not distributed in subsection (2)(a) of this section, shall be distributed to all cities eligible under subsection (2) of this section ratably based on population as last determined by the office of financial management.

(4) No city may receive more than thirty percent of all moneys distributed under subsection (3) of this section.

(5) Notwithstanding other provisions of this section, the distributions to any city that substantially decriminalizes or repeals its criminal code after July 1, 1990, and that does not reimburse the county for costs associated with criminal cases under RCW 3.50.800 or 3.50.805(2), shall be made to the county in which the city is located.

(6) Moneys distributed under this section shall be expended exclusively for criminal justice purposes and shall not be used to replace or supplant existing funding. Criminal justice purposes are defined as activities that substantially assist the criminal justice system, which may include circumstances where ancillary benefit to the civil justice system occurs, and which includes domestic violence services such as those provided by domestic violence programs, community advocates, and legal advocates, as defined in RCW 70.123.020, and publications and public educational efforts designed to provide information and assistance to parents in dealing with runaway or at-risk youth. Existing funding for purposes of this subsection is defined as calendar year 1989 actual operating expenditures for criminal justice purposes. Calendar year 1989 actual operating expenditures for criminal justice purposes exclude the following: Expenditures for extraordinary events not likely to reoccur, changes in contract provisions for criminal justice services, beyond the control of the local jurisdiction receiving the services, and major nonrecurring capital expenditures.

NEW SECTION. Sec. 49. A new section is added to chapter 28A.225 RCW to read as follows:

For purposes of this chapter, "community truancy board" means a board composed of members of the local community in which the child attends school. The local school district boards of directors may create a community truancy board. Members of the board shall be selected from representatives of the community. Duties of a community truancy board shall include, but not be limited to, recommending methods for improving school attendance.

Sec. 50. RCW 28A.225.020 and 1992 c 205 s 202 are each amended to read as follows:

If a ((juvenile)) child required to attend school under the laws of the state of Washington fails to attend school without valid justification, the ((juvenile's)) child's school shall:

(1) Inform the ((juvenile's)) child's custodial parent, parents, or guardian by a notice in writing or by telephone ((that)) whenever the ((juvenile)) child has failed to attend school ((without valid justification)) after one unexcused absence within any month during the current school year;

(2) Schedule a conference or conferences with the custodial parent, parents, or guardian and ((juvenile)) child at a time and place reasonably convenient for all persons included for the purpose of analyzing the causes of the ((juvenile's)) child's absences after two unexcused absences within any month during the current school year. If a regularly scheduled parent-teacher conference day is to take place within thirty days of the second unexcused absence, then the school district may schedule this conference on that day; and

(3) Take steps to eliminate or reduce the ((juvenile's)) child's absences. These steps shall include, where appropriate, adjusting the ((juvenile's)) child's school program or school or course assignment, providing more individualized or remedial instruction, ((preparing the juvenile for employment with specific)) providing appropriate vocational courses or work experience, or ((both)) refer the child to a community truancy board, ((and)) or assisting the parent or ((student)) child to obtain supplementary services that might eliminate or ameliorate the cause or causes for the absence from school.

Sec. 51. RCW 28A.225.030 and 1992 c 205 s 203 are each amended to read as follows:

If the actions taken by a school ((pursuant to)) district under RCW 28A.225.020 ((is)) are not successful in substantially reducing ((a)) an enrolled student's absences from school, ((any of the following actions may be taken after five or more)) upon the fifth unexcused absence((s)) by a child within any month during the current school year or upon the tenth unexcused absence during the current school year((: (1) The attendance officer of)) the school district ((through its attorney may)) shall file a petition with the juvenile court ((to assume jurisdiction under RCW 28A.200.010, 28A.200.020, and 28A.225.010 through 28A.225.150 for the purpose of)) alleging a violation of RCW 28A.225.010: (1) By the parent; ((or)) (2) ((a petition alleging a violation of RCW 28A.225.010 by a)) by the child ((may be filed with the juvenile court by the parent of such child or by the attendance officer of the school district through its attorney at the request of the parent. If the court assumes jurisdiction in such an instance, the provisions of RCW 28A.200.010, 28A.200.020, and 28A.225.010 through 28A.225.150, except where otherwise stated, shall apply)); or (3) by the parent and the child.

If the school district fails to file a petition under this section, the parent of a child with five or more unexcused absences in any month during the current school year or upon the tenth unexcused absence during the current school year may file a petition with the juvenile court alleging a violation of RCW 28A.225.010.

NEW SECTION. Sec. 52. A new section is added to chapter 28A.225 RCW to read as follows:

(1) A petition under RCW 28A.225.030 shall consist of a written notification to the court alleging that:

(a) The child has five or more unexcused absences within any month during the current school year or ten or more unexcused absences in the current school year;

(b) Actions taken by the school district have not been successful in substantially reducing the child's absences from school; and

(c) Court intervention and supervision are necessary to assist the school district or parent to reduce the child's absences from school.

(2) The petition shall set forth the name, age, school, and residence of the child and the names and residence of the child's parents.

(3) The petition shall set forth facts that support the allegations in this section and shall generally request relief available under this chapter.

(4) When a petition is filed under RCW 28A.225.030, the juvenile court may:

(a) Schedule a fact-finding hearing at which the court shall consider the petition;

(b) Separately notify the child, the parent of the child, and the school district of the fact-finding hearing;

(d) Notify the parent and the child of the options and rights available under chapter 13.32A RCW.

(5) The court may require the attendance of both the child and the parents at any hearing on a petition filed under RCW 28A.225.030.

(6) The court shall grant the petition and enter an order assuming jurisdiction to intervene for the remainder of the school year, if the allegations in the petition are established by a preponderance of the evidence.

(7) If the court assumes jurisdiction, the school district shall regularly report to the court any additional unexcused absences by the child.

NEW SECTION. Sec. 53. A new section is added to chapter 28A.225 RCW to read as follows:

In any judicial district having a court commissioner, the court commissioner shall have the power, authority, and jurisdiction, concurrent with a juvenile court judge, to hear all cases under RCW 28A.225.030, 28A.225.090, and section 52 of this act and to enter judgment and make orders with the same power, force, and effect as any judge of the juvenile court, subject to motion or demand by any party within ten days from the entry of the order or judgment by the court commissioner as provided in RCW 2.24.050. In any judicial district having a family law commissioner appointed pursuant to chapter 26.12 RCW, the family law commissioner shall have the power, authority, and jurisdiction, concurrent with a juvenile court judge, to hear cases under RCW 28A.225.030, 28A.225.090, and section 52 of this act and to enter judgment and make orders with the same power, force, and effect as any judge of the juvenile court, subject to motion or demand by any party within ten days from the entry of the order or judgment by the court commissioner as provided in RCW 2.24.050.

NEW SECTION. Sec. 54. A new section is added to chapter 28A.225 RCW to read as follows:

(1) Each school shall document the actions taken under RCW 28A.225.020 and 28A.225.030 and report this information at the end of each grading period to the school district superintendent who shall compile the data for all the schools in the district and prepare an annual school district report for each school year and submit the report to the superintendent of public instruction. The reports shall be made upon forms furnished by the superintendent of public instruction and shall be transmitted as determined by the superintendent of public instruction.

(2) The reports under subsection (1) of this section shall include:

(a) The number of enrolled students and the number of excused and unexcused absences;

(b) Documentation of the steps taken by the school district under each subsection of RCW 28A.225.020;

(c) The number of enrolled students with ten or more unexcused absences in a school year or five or more unexcused absences in a month during a school year;

(d) Documentation of success by the school district in substantially reducing enrolled student absences for students with five or more absences in any month or ten or more unexcused absences in any school year;

(e) The number of petitions filed by a school district or a parent with the juvenile court; and

(f) The disposition of cases filed with the juvenile court, including the frequency of contempt orders issued to enforce a court's order under RCW 28A.225.090.

(3) A report required under this section shall not disclose the name or other identification of a child or parent.

(4) The superintendent of public instruction shall collect these reports from all school districts and prepare an annual report for each school year to be submitted to the legislature no later than December 15th of each year.

NEW SECTION. Sec. 55. A new section is added to chapter 28A.225 RCW to read as follows:

A school district that fails to make a report, makes a false report, or fails to substantially comply with its responsibilities and duties under RCW 28A.225.010 through 28A.225.030 and section 54 of this act, shall be subject to a fine in superior court of not more than ten thousand dollars. A county or municipal prosecutor or the office of the attorney general may file a petition in superior court alleging a violation under this section.

Sec. 56. RCW 28A.225.060 and 1990 c 33 s 223 are each amended to read as follows:

Any ((attendance officer)) school district official, sheriff, deputy sheriff, marshal, police officer, or any other officer authorized to make arrests, ((shall)) may take into custody without a warrant a child who is required under the provisions of RCW 28A.225.010 through 28A.225.140 to attend school((, such child then being a truant from instruction at the school which he or she is lawfully required to attend)) and is absent from school without an approved excuse, and shall ((forthwith)) deliver ((a child so detained either)) the child to: (1) ((to)) The custody of a person in parental relation to the child ((or)); (2) ((to)) the school from which the child is ((then a truant)) absent; or (3) a program designated by the school district.

Sec. 57. RCW 28A.225.090 and 1992 c 205 s 204 are each amended to read as follows:

Any person violating any of the provisions of either RCW 28A.225.010 or 28A.225.080 shall be fined not more than twenty-five dollars for each day of unexcused absence from school. However, a child found to be in violation of RCW 28A.225.010 shall be required to attend school and shall not be fined. If the child fails to comply with the court order to attend school, the court may: (1) Order the child be punished by detention; or ((may)) (2) impose alternatives to detention such as community service hours or participation in dropout prevention programs or referral to a community truancy board, if available. Failure by a child to comply with an order issued under this section shall not be punishable by detention for a period greater than that permitted pursuant to a contempt proceeding against a child under chapter 13.32A RCW. It shall be a defense for a parent charged with violating RCW 28A.225.010 to show that he or she exercised reasonable diligence in attempting to cause a child in his or her custody to attend school or that the ((juvenile's)) child's school did not perform its duties as required in RCW 28A.225.020. The court may order the parent to provide community service at the child's school instead of imposing a fine. Any fine imposed pursuant to this section may be suspended upon the condition that a parent charged with violating RCW 28A.225.010 shall participate with the school and the ((juvenile)) child in a supervised plan for the ((juvenile's)) child's attendance at school or upon condition that the parent attend a conference or conferences scheduled by a school for the purpose of analyzing the causes of a child's absence.

((Attendance officers)) School districts shall make complaint for violation of the provisions of RCW 28A.225.010 through 28A.225.140 to a judge of the ((superior or district)) juvenile court.

Sec. 58. RCW 28A.225.110 and 1990 c 33 s 228 are each amended to read as follows:

Notwithstanding the provisions of RCW 10.82.070, all fines except as otherwise provided in RCW 28A.225.010 through 28A.225.140 shall ((inure and be applied to the support of the public schools in the school district where such offense was committed: PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended)) be paid to the county treasurer who shall deposit the fine to the credit of the courts in the county for the exclusive purpose of enforcing the provisions of RCW 28A.225.010 through 28A.225.140.

NEW SECTION. Sec. 59. A new section is added to chapter 28A.600 RCW to read as follows:

School district boards of directors shall review school district policies regarding access and egress by students from secondary school grounds during school hours. Each school district board of directors shall adopt a policy specifying any restrictions on students leaving secondary school grounds during school hours.

NEW SECTION. Sec. 60. (1) Section 53 of this act shall take effect September 1, 1995.

(2) Section 59 of this act shall take effect September 1, 1996.

NEW SECTION. Sec. 61. The following acts or parts of acts are each repealed:

(1) RCW 28A.225.040 and 1990 c 33 s 221 & 1969 ex.s. c 223 s 28A.27.030;

(2) RCW 28A.225.050 and 1990 c 33 s 222, 1986 c 132 s 4, 1975 1st ex.s. c 275 s 56, 1971 c 48 s 9, 1969 ex.s. c 176 s 105, & 1969 ex.s. c 223 s 28A.27.040;

(3) RCW 28A.225.070 and 1990 c 33 s 224, 1975 1st ex.s. c 275 s 57, 1969 ex.s. c 176 s 106, & 1969 ex.s. c 223 s 28A.27.080;

(4) RCW 28A.225.100 and 1990 c 33 s 227, 1987 c 202 s 190, 1975 1st ex.s. c 275 s 58, & 1970 ex.s. c 15 s 14;

(5) RCW 28A.225.120 and 1990 c 33 s 229, 1986 c 132 s 6, 1979 ex.s. c 201 s 7, & 1969 ex.s. c 223 s 28A.27.110;

(6) RCW 28A.225.130 and 1990 c 33 s 230, 1987 c 202 s 192, & 1969 ex.s. c 223 s 28A.27.120; and

(7) RCW 28A.225.150 and 1992 c 205 s 205, 1990 c 33 s 232, & 1986 c 132 s 7.

NEW SECTION. Sec. 62. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1995, in the omnibus appropriations act, this act is null and void."

MOTION

Senator Kohl moved that the following amendment by Senators Kohl, Fairley, Haugen, Long and Fraser to the striking amendment by Senators Hargrove, Long and Franklin be adopted:

On page 6, line 9 of the amendment, after "psychological," insert "mental health, drug or alcohol treatment,"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Kohl, Fairley, Hargrove, Long and Fraser on page 6, line 9, to the striking amendment by Senators Hargrove, Long and Franklin to Second Substitute Senate Bill No. 5439.

The motion by Senator Kohl carried and the amendment to the striking amendment was adopted.

MOTION

On motion of Senator Kohl, the following amendment by Senators Kohl, Fairley, Hargrove and Long to the striking amendment by Senators Hargrove, Long and Franklin was adopted:

On page 9, line 14 of the amendment, after "custody," insert "in placing a child in a crisis residential center,"

Senator Kohl moved that the following amendments by Senators Kohl, Fairley and Fraser to the striking amendment by Senators Hargrove, Long and Franklin be considered simultaneously and be adopted:

On page 11, beginning on line 35 of the amendment, after "not" strike all material through "not" on line 36

On page 43, at the beginning of line 20 of the amendment, strike all material through "more than" and insert "exceed"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senators Kohl, Fairley and Fraser on page 11, beginning on line 35; and page 43, at the beginning of line 20, to the striking amendment by Senators Hargrove, Long and Franklin to Second Substitute Senate Bill No. 5439.

The motion by Senator Kohl failed and the amendments to the striking amendment were not adopted.

MOTION

Senator Kohl moved that the following amendments by Senators Kohl, Fairley and Fraser to the striking amendment by Senators Hargrove, Long and Franklin be considered simultaneously and be adopted:

On page 11, line 37 of the amendment, after "The parents" insert ", or the administrator of the crisis residential center pursuant to RCW 74.13.034,"

On page 44, line 14 of the amendment, strike "(((5) It" and insert "(5) ((It"

On page 44, line 19 of the amendment, after "structure.))" insert "When a child is taken to a crisis residential center, the center administrator or the administrator's designee shall immediately assess the child in order to determine whether the child requires placement in a secure crisis residential center. The assessment shall include, but not be limited to, consideration of the following information if known:

(a) A child's age and maturity;

(b) A child's condition upon arrival at the center;

(d) Whether the child's behavior endangers the health, safety, or welfare of the child or any other person; and

(e) The child's prior history of running away which has endangered the health, safety, and welfare of the child.

(6) The center administrator or his or her designee shall immediately place or arrange for the child's placement in a secure crisis residential center whenever the administrator or his or her designee has reasonable cause to believe, based upon the assessment under subsection (5) of this section, that:

(a) The child requires protection;

(b) A semi-secure or nonsecure placement will not be adequate to protect the child;

(d) The child's behavior endangers the health, safety, or welfare of the child or any other person.

(7) A child shall not be placed in a secure crisis residential center unless the criteria in subsection (6) of this section have been satisfied. The administrator at the secured crisis residential center or the administrator's designee shall transfer a child from a secure center to a semi-secure center or other nonsecure placement whenever there is reason to believe that the circumstances that lead to placement in a secure center no longer exist and that the criteria in subsection (6) of this section cannot be satisfied.

(8) A crisis residential center administrator or his or her designee in acting in good faith in carrying out the provisions of this section is immune from criminal or civil liability for such actions."

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senators Kohl, Fairley and Fraser on page 11, line 37, and page 44, lines 14 and 19, to the striking amendment by Senators Hargrove, Long and Franklin to Second Substitute Senate Bill No. 5439.

The motion by Senator Kohl failed and the amendments to the striking amendment were not adopted.

MOTIONS

On motion of Senator Hargrove, the following amendments by Senators Hargrove, Long, Franklin and Kohl to the striking amendment by Senators Hargrove, Long and Franklin were considered simultaneously and were adopted:

On page 12, line 30, after "(1)" insert "(a)"

On page 12, line 32, after "parent." insert the following:

"(b)"

On page 12, line 36, after "multidisciplinary team." strike all material through "this act." on line 38, and insert the following:

"(c) A parent may disband a team twenty-four hours, excluding weekends and holidays, after receiving notice of formation of the team under (b) of this subsection unless a petition has been filed under RCW 13.32A.140. If a petition has been filed the parent may not disband the team until the hearing is held under section 18 of this act. The court may allow the team to continue if an out-of-home placement is ordered under section 18(3) of this act."

Senator Fairley moved that the following amendment by Senators Fairley and Kohl to the striking amendment by Senators Hargrove, Long and Franklin be adopted:

On page 12, beginning on line 36 of the amendment, after "team." strike all material through "act." on line 38

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Fairley and Kohl on page 12, beginning on line 36, to the striking amendment by Senators Hargrove, Long and Franklin to Second Substitute Senate Bill No. 5439.

The motion by Senator Fairley failed and the amendment to the striking amendment was not adopted.

MOTION

Senator Kohl moved that the following amendments by Senators Kohl, Hargrove, Fairley and Long to the striking amendment by Senators Hargrove, Long and Franklin be considered simultaneously and be adopted.

On page 18, line 20 of the amendment, after "proper" insert "child in need of services"

On page 18, beginning on line 20 of the amendment, after "petition" strike all material through "placement" on line 21, and insert "((and may approve or deny alternative residential placement)),"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senators Kohl, Hargrove, Fairley and Long on page 18, line 20, and beginning on line 20, to the striking amendment by Senators Hargrove, Long and Franklin to Second Substitute Senate Bill No. 5439.

The motion by Senator Kohl carried and the amendments to the striking amendment were adopted.

MOTION

Senator Kohl moved that the following amendment by Senators Kohl, Fairley and Fraser to the striking amendment by Senators Hargrove, Long and Franklin be adopted:

On page 21, line 15 of the amendment, after "by" strike "clear, cogent, and convincing" and inset "a preponderance of the"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Kohl, Fairley and Fraser on page 21, line 15, to the striking amendment by Senators Hargrove, Long and Franklin to Second Substitute Senate Bill No. 5439.

The motion by Senator Kohl failed and the amendment to the striking amendment was not adopted.

MOTION

Senator Kohl moved that the following amendments by Senators Kohl, Fairley, Hargrove and Long to the striking amendment by Senators Hargrove, Long and Franklin be considered simultaneously and be adopted:

On page 28, line 7 of the amendment, strike "imprisonment" and insert "((imprisonment)) confinement"

On page 28, line 9 of the amendment, after "child" strike "imprisoned" and insert "((imprisoned)) placed in confinement"

On page 28, line 10 of the amendment, strike "imprisoned" and insert "((imprisoned)) placed in confinement"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senators Kohl, Fairley, Hargrove and Long on page 28, lines 7, 9, and 10, to the striking amendment by Senators Hargrove, Long and Franklin to Second Substitute Senate Bill No. 5439.

The motion by Senator Kohl carried and the amendments to the striking amendment were adopted.

MOTION

Senator Fairley moved that the following amendment by Senators Fairley and Kohl to the striking amendment by Senators Hargrove, Long and Franklin be adopted:

On page 28, line 27 of the amendment, after "person" insert ", other than a person working on behalf of a nonprofit organization operating under 26 U.S.C. Sec. 501(c)(3),"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Fairley and Kohl on page 28, line 27, to the striking amendment by Senators Hargrove, Long and Franklin to Second Substitute Senate Bill No. 5439.

The motion by Senator Fairley failed and the amendment to the striking amendment was not adopted.

MOTION

Senator Fairley moved that the following amendments by Senators Fairley, Kohl and Fraser to the striking amendment by Senators Hargrove, Long and Franklin be considered simultaneously and be adopted:

On page 28, line 27 of the amendment, after "least" strike "six" and insert "twelve"

On page 28, line 30 of the amendment, after "of the" strike "six-hour" and insert "twelve-hour"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senators Fairley, Kohl and Fraser on page 28, lines 27 and 30, to the striking amendment by Senators Hargrove, Long and Franklin to Second Substitute Senate Bill No. 5439.

The motion by Senator Fairley failed and the amendments to the striking amendment were not adopted.

MOTION

Senator Long moved that the following amendments by Senators Long, Hargrove and Kohl to the striking amendment by Senators Hargrove, Long and Franklin be considered simultaneously and be adopted:

On page 36, line 15, after "state." insert "However, the state may provide services for indigent minors to the extent that funds are available therefor."

On page 38, line 25, after "state." insert "However, the state may provide services for indigent minors to the extent that funds are available therefor."

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senators Long, Hargrove and Kohl on page 36, line 15, and page 38, line 25, to the striking amendment by Senators Hargrove, Long and Franklin to Second Substitute Senate Bill No. 5439.

The motion by Senator Long carried and the amendments to the striking amendment were adopted.

MOTION

Senator Fairley moved that the following amendments by Senators Fairley, Kohl and Fraser to the striking amendment by Senators Hargrove, Long and Franklin be considered simultaneously and be adopted:

On page 36, after line 15 of the amendment, insert the following:

"(3) If a minor child is admitted for treatment without his or her consent, and upon the parent's consent, after ninety days, an independent physician or designated chemical dependency specialist shall examine the child to determine whether continued inpatient treatment is needed. If the independent physician or designated chemical dependency specialist, who is not employed by or in a contractual relationship with the facility, determines that the child is not in need of continued treatment, the child shall be immediately released into the custody of his or her parent, guardian, or custodian. If, at the end of ninety days, the independent physician or chemical dependency specialist determines that the child needs continued inpatient treatment, the child shall remain at the facility.

(4) An independent physician or chemical dependency specialist shall reexamine the child at least every twelve months thereafter for continued treatment.

(5) The parent shall reimburse the department for the cost of the independent review or reviews for any cost incurred by the department. The reimbursement shall be based on a sliding scale of income that reflects the parent's ability to pay."

On page 38, after line 25 of the amendment, insert the following:

"(5) If a minor child is admitted for treatment without his or her consent, and upon the parent's consent, after ninety days, an independent physician or mental health professional, who is not employed by or in a contractual relationship with the facility, shall examine the child to determine whether continued inpatient treatment is needed. If the independent physician or mental health professional determines that the child is not in need of continued treatment, the child shall be immediately released into the custody of his or her parent, guardian, or custodian. If at the end of ninety days the independent physician or mental health professional determines that the child needs continued inpatient treatment, the child shall remain at the facility.

(6) An independent physician or mental health professional shall reexamine the child at least every twelve months thereafter for continued treatment.

(7) The parent shall reimburse the department for the cost of the independent review or reviews for any cost incurred by the department. The reimbursement shall be based on a sliding scale of income that reflects the parent's ability to pay."

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senators Fairley, Kohl and Fraser on page 36, after line 15, and page 38, after line 25, to the striking amendment by Senators Hargrove, Long and Franklin to Second Substitute Senate Bill No. 5439.

The motion by Senator Fairley failed and the amendments to the striking amendment were not adopted.

MOTION

Senator Kohl moved that the following amendments by Senators Kohl, Fairley, Hargrove, Fraser and Long to the striking amendment by Senators Hargrove, Long and Franklin be considered simultaneously and be adopted:

On page 41, beginning on line 6 of the amendment, after "children." strike all material through "13.32A.090." on line 10 of the amendment and insert "((The staff shall be trained so that they may effectively counsel juveniles admitted to the centers, provide treatment, supervision, and structure to the juveniles, and carry out the responsibilities outlined in RCW 13.32A.090.))"

On page 41, beginning on line 20 of the amendment, after "facilities." strike all material through "juveniles" on line 23 of the amendment and insert the following:

"(4) The staff at the facilities established under this section shall be trained so that they may effectively counsel juveniles admitted to the centers, provide treatment, supervision, and structure to the juveniles that recognize the need for support and the varying circumstances that cause children to leave their families"

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

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senators Kohl, Fairley, Hargrove, Fraser and Long on page 41, beginning on line 6 and beginning on line 20, to the striking amendment by Senators Hargrove, Long and Franklin to Second Substitute Senate Bill No. 5439.

The motion by Senator Kohl carried and the amendments to the striking amendment were adopted.

MOTION

Senator Kohl moved that the following amendments by Senators Kohl, Fairley, Hargrove, Fraser and Long to the striking amendment be considered simultaneously and be adopted:

On page 41, beginning on line 14 of the amendment, after "department." strike all material through "department." on line 15 of the amendment

On page 41, line 31 of the amendment, after "(5)" strike "Any" and insert "A"

On page 41, line 31 of the amendment, after "may" insert "not"

On page 41, beginning on line 34 of the amendment, after "government." strike all material through "facility" on line 37 of the amendment, and insert "However, the secretary may, following consultation with the appropriate county legislative authority, make a written finding that location of a secure center on the same grounds as another secure facility is the only practical location for a secure center. Upon the written finding a secure center may be located on the same grounds as a secure facility"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senators Kohl, Fairley, Hargrove, Fraser and Long on page 41, beginning on line 14, line 31 (2) and beginning on line 34, to the striking amendment by Senators Hargrove, Long and Franklin to Second Substitute Senate Bill No. 5439.

The motion by Senator Kohl carried and the amendments to the striking amendment were adopted.

MOTION

Senator McAuliffe moved that the following amendment by Senators McAuliffe and Hargrove to the striking amendment by Senators Hargrove, Long and Franklin be adopted:

On page 51, after line 17 of the amendment, insert the following:

"Sec. 53. RCW 36.18.020 and 1993 c 435 s 1 are each amended to read as follows:

Clerks of superior courts shall collect the following fees for their official services:

(1) The party filing the first or initial paper in any civil action, including an action for restitution, or change of name, shall pay, at the time said paper is filed, a fee of one hundred ten dollars except in proceedings filed under RCW 26.50.030 or 49.60.227 where the petitioner shall pay a filing fee of twenty dollars, or in proceedings filed under RCW 28A.225.030 alleging a violation of the compulsory attendance laws where the petitioner shall not pay a filing fee, or an unlawful detainer action under chapter 59.18 or 59.20 RCW where the plaintiff shall pay a filing fee of thirty dollars. If the defendant serves or files an answer to an unlawful detainer complaint under chapter 59.18 or 59.20 RCW, the plaintiff shall pay, prior to proceeding with the unlawful detainer action, an additional eighty dollars which shall be considered part of the filing fee. The thirty dollar filing fee under this subsection for an unlawful detainer action shall not include an order to show cause or any other order or judgment except a default order or default judgment in an unlawful detainer action.

(2) Any party, except a defendant in a criminal case, filing the first or initial paper on an appeal from a court of limited jurisdiction or any party on any civil appeal, shall pay, when said paper is filed, a fee of one hundred ten dollars.

(3) The party filing a transcript or abstract of judgment or verdict from a United States court held in this state, or from the superior court of another county or from a district court in the county of issuance, shall pay at the time of filing, a fee of fifteen dollars.

(4) For the filing of a tax warrant by the department of revenue of the state of Washington, a fee of five dollars shall be paid.

(5) For the filing of a petition for modification of a decree of dissolution, a fee of twenty dollars shall be paid.

(6) The party filing a demand for jury of six in a civil action, shall pay, at the time of filing, a fee of fifty dollars; if the demand is for a jury of twelve the fee shall be one hundred dollars. If, after the party files a demand for a jury of six and pays the required fee, any other party to the action requests a jury of twelve, an additional fifty-dollar fee will be required of the party demanding the increased number of jurors.

(7) For filing any paper, not related to or a part of any proceeding, civil or criminal, or any probate matter, required or permitted to be filed in the clerk's office for which no other charge is provided by law, or for filing a petition, written agreement, or memorandum as provided in RCW 11.96.170, the clerk shall collect twenty dollars.

(8) For preparing, transcribing or certifying any instrument on file or of record in the clerk's office, with or without seal, for the first page or portion thereof, a fee of two dollars, and for each additional page or portion thereof, a fee of one dollar. For authenticating or exemplifying any instrument, a fee of one dollar for each additional seal affixed.

(9) For executing a certificate, with or without a seal, a fee of two dollars shall be charged.

(10) For each garnishee defendant named in an affidavit for garnishment and for each writ of attachment, a fee of twenty dollars shall be charged.

(11) For approving a bond, including justification thereon, in other than civil actions and probate proceedings, a fee of two dollars shall be charged.

(12) In probate proceedings, the party instituting such proceedings, shall pay at the time of filing the first paper therein, a fee of one hundred ten dollars: PROVIDED, HOWEVER, A fee of twenty dollars shall be charged for filing a will only, when no probate of the will is contemplated. Except as provided for in subsection (13) of this section a fee of two dollars shall be charged for filing a petition, written agreement, or memorandum as provided in RCW 11.96.170.

(13) For filing any petition to contest a will admitted to probate or a petition to admit a will which has been rejected, or a petition objecting to a written agreement or memorandum as provided in RCW 11.96.170, there shall be paid a fee of one hundred ten dollars.

(14) For the issuance of each certificate of qualification and each certified copy of letters of administration, letters testamentary or letters of guardianship there shall be a fee of two dollars.

(15) For the preparation of a passport application the clerk may collect an execution fee as authorized by the federal government.

(16) For clerks' special services such as processing ex parte orders by mail, performing historical searches, compiling statistical reports, and conducting exceptional record searches the clerk may collect a fee not to exceed twenty dollars per hour or portion of an hour.

(17) For duplicated recordings of court's proceedings there shall be a fee of ten dollars for each audio tape and twenty-five dollars for each video tape.

(18) Upon conviction or plea of guilty, upon failure to prosecute an appeal from a court of limited jurisdiction as provided by law, or upon affirmance of a conviction by a court of limited jurisdiction, a defendant in a criminal case shall be liable for a fee of one hundred ten dollars.

(19) With the exception of demands for jury hereafter made and garnishments hereafter issued, civil actions and probate proceedings filed prior to midnight, July 1, 1972, shall be completed and governed by the fee schedule in effect as of January 1, 1972: PROVIDED, That no fee shall be assessed if an order of dismissal on the clerk's record be filed as provided by rule of the supreme court.

(20) No fee shall be collected when a petition for relinquishment of parental rights is filed pursuant to RCW 26.33.080 or for forms and instructional brochures provided under RCW 26.50.030."

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

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators McAuliffe and Hargrove on page 51, after line 17, to the striking amendment by Senators Hargrove, Long and Franklin to Second Substitute Senate Bill No. 5439.

The motion by Senator McAuliffe carried and the amendment to the striking amendment was adopted.

MOTION

Senator McAuliffe moved that the following amendment to the striking amendment by Senators Hargrove, Long and Franklin be adopted:

On page 52, beginning on line 33 of the amendment, strike all of section 55

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

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator McAuliffe on page 52, beginning on line 33, to the striking amendment by Senators Hargrove, Long and Franklin to Second Substitute Senate Bill No. 5439.

The motion by Senator McAuliffe failed and the amendment to the striking amendment was not adopted on a rising vote.

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Hargrove, Long and Franklin, as amended, to Second Substitute Senate Bill No. 5439.

The striking amendment, as amended, was adopted.

MOTIONS

On motion of Senator Hargrove, the following title amendments were considered simultaneously and were adopted:

On page 1, line 2 of the title, after "families;" strike the remainder of the title and insert "amending RCW 13.32A.010, 13.32A.030, 13.32A.040, 13.32A.050, 13.32A.060, 13.32A.070, 13.32A.090, 13.32A.120, 13.32A.130, 13.32A.140, 13.32A.150, 13.32A.160, 13.32A.170, 13.32A.175, 13.32A.177, 13.32A.180, 13.32A.190, 13.32A.192, 13.32A.194, 13.32A.196, 13.32A.250, 13.04.030, 13.04.040, 13.04.093, 70.96A.090, 70.96A.095, 71.34.030, 74.13.031, 74.13.032, 74.13.033, 74.13.034, 74.13.035, 74.13.036, 82.14.300, 82.14.320, 28A.225.020, 28A.225.030, 28A.225.060, 28A.225.090, and 28A.225.110; adding new sections to chapter 13.32A RCW; adding a new section to chapter 71.34 RCW; adding a new section to chapter 74.13 RCW; adding new sections to chapter 28A.225 RCW; adding a new section to chapter 28A.600 RCW; creating new sections; repealing RCW 28A.225.040, 28A.225.050, 28A.225.070, 28A.225.100, 28A.225.120, 28A.225.130, and 28A.225.150; prescribing penalties; and providing effective dates."

On page 55, line 28 of the title amendment, after "28A.225.030," insert "36.18.020,"

On motion of Senator Hargrove, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5439 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5439.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5439 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 7; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 42.

Voting nay: Senators Anderson, C., Fairley, Fraser, Kohl, Pelz, Rinehart and Wojahn - 7.

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5439, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Johnson, the following resolution was adopted:

SENATE RESOLUTION 1995-8629

By Senator Johnson, Roach and Kohl

WHEREAS, The Kent-Meridian Girls' Basketball team is the 1995 Washington State AAA Champion; and

WHEREAS, The Royals have distinguished themselves and brought honor to their school by making their third straight appearance in the state tournament; and

WHEREAS, Under the coaching and supervision of Coach Derek Powell, Kent-Meridian girls have appeared in four of the past six state basketball tournaments; and

WHEREAS, In winning the state championship, this exemplary group of student athletes became only the third South Puget Sound League team to do so, and only the second Kent-area basketball team to win a state championship; and

WHEREAS, The Royals won their first ever Puget Sound League Northern Division Championship and their second consecutive West Central District Championship during the 1994-95 campaign; and

WHEREAS, Through four grueling state tournament contests, the Royals displayed the athletic skill, physical stamina, and poise indicative of a champion; and

WHEREAS, Benishe Dillard was named to the All-State First Team and her teammates Marcella Doxsee and Kristin Deal received Second Team All-State honors; and

WHEREAS, The outstanding play of these individual team members is representative of the standard of excellence displayed by the entire Royals' team; and

WHEREAS, This team has deservedly, and through their own efforts, commitment, and sacrifice, achieved the title of Washington State Basketball Champion;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor the 1995 Kent-Meridian Girls' Basketball team with passage of this Senate Floor Resolution; and

BE IT FURTHER RESOLVED, That with passage of this resolution the members of the Washington State Senate acknowledge the example this group of interscholastic amateurs has set, and the importance of athletic participation in the pursuit of academic achievement.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced the Kent-Meridian Girls' Basketball team and their coaches who were seated in the gallery.

MOTION

On motion of Senator Spanel, the Senate returned to the sixth order of business.

SECOND READING

SENATE BILL NO. 5943, by Senators Rinehart, Prince, Sheldon, Deccio and Kohl

Providing for expansion of the Washington state convention and trade center.

MOTIONS

On motion of Senator Rinehart, Substitute Senate Bill No. 5943 was substituted for Senate Bill No. 5943 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Rinehart, the following amendment by Senators Rinehart, West, McDonald and Gaspard was adopted:

On page 1, strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 82.14 RCW to read as follows:

(1) Subject to subsections (2) and (3) of this section, the legislative authority of any county or any city may fix and impose a sales and use tax in accordance with the terms of this chapter. The tax authorized in this section shall be in addition to any other taxes authorized by law and shall be collected from those persons who are taxable by the state pursuant to chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within such county or city. The rate of tax shall be up to but not exceeding one-tenth of one percent of the selling price, in the case of a sales tax, or value of the article used, in the case of a use tax. The maximum rate of tax under this section, section 1, chapter ... (Substitute Senate Bill No. 5914), Laws of 1995, and section 1, chapter ... (Substitute Senate Bill No. 6049), Laws of 1995 shall not exceed one-tenth of one percent.

(2) No city may impose the tax under this section unless the county legislative authority waives its right to levy a tax under this section in that city. If the county legislative authority waives its right to levy the tax in that city, the city tax shall be a credit against any county tax under this section.

(3) No county or city may impose the tax under subsection (1) of this section unless the tax is first approved by a majority of the voters voting on the proposition to impose the tax.

(4) Moneys received from any tax imposed under this section shall be used exclusively for the following purposes:

(a) The purposes authorized in RCW 67.28.210, including the repair and reconstruction of a county-owned stadium with a seating capacity of forty-five thousand or more;

(b) For the purpose of paying all or any part of the cost associated with: The financing, design, acquisition, construction, equipping, operating, maintaining, and reequipping of convention center facilities under chapter 67.40 RCW related to the expansion recommended by the convention center expansion and city facilities task force created under section 148, chapter 6, Laws of 1994 sp. sess.; the acquisition, construction, and relocation costs of replacement housing; and the repayment of loans and advances from the state, including loans authorized previously under this chapter, or to pay or secure the payment of all or part of the principal of or interest on any state bonds issued for purposes authorized under chapter 67.40 RCW; and

Revenues under this section may be used for facilities in other counties pursuant to an interlocal agreement under chapter 39.34 RCW.

(5) As used in this section, "city" means any city or town.

MOTIONS

On motion of Senator Rinehart, the following title amendment was adopted:

On page 1, line 1 of the title, after "centers;" strike the remainder of the title and insert "adding a new section to chapter 82.14 RCW; providing an effective date; and declaring an emergency."

On motion of Senator Rinehart, the rules were suspended, Engrossed Substitute Senate Bill No. 5943 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 roll call on the final passage of Engrossed Substitute Senate Bill No. 5943.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5943 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 11; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, C., Bauer, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Swecker, Winsley, Wojahn and Wood - 38.

Voting nay: Senators Anderson, A., Cantu, Deccio, Hochstatter, Newhouse, Palmer, Quigley, Smith, Strannigan, Sutherland and West - 11.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5943, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6049, by Senators Prentice, Finkbeiner, Snyder and Pelz

Financing public stadiums used by professional sports teams.

MOTIONS

On motion of Senator Rinehart, Substitute Senate Bill No. 6049 was substituted for Senate Bill No. 6049 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Rinehart, the following amendment by Senators Rinehart, West, McDonald and Gaspard was adopted:

On page 1, strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 82.14 RCW to read as follows:

(1) Subject to subsections (2) and (3) of this section, the legislative authority of any county or any city may fix and impose a sales and use tax in accordance with the terms of this chapter. The tax authorized in this section shall be in addition to any other taxes authorized by law and shall be collected from those persons who are taxable by the state pursuant to chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within such county or city. The rate of tax shall be up to but not exceeding one-tenth of one percent of the selling price, in the case of a sales tax, or value of the article used, in the case of a use tax. The maximum rate of tax under this section, section 1, chapter ... (Substitute Senate Bill No. 5914), Laws of 1995, and section 1, chapter ... (Substitute Senate Bill No. 5943), Laws of 1995 shall not exceed one-tenth of one percent.

(3) No county or city may impose the tax under subsection (1) of this section unless the tax is first approved by a majority of the voters voting on the proposition to impose the tax.

(4) Moneys received from any tax imposed under this section shall be used exclusively for the following purposes:

(a) The purposes authorized in RCW 67.28.210, including the repair and reconstruction of a county-owned stadium with a seating capacity of forty-five thousand or more;

Revenues under this section may be used for facilities in other counties pursuant to an interlocal agreement under chapter 39.34 RCW.

(5) As used in this section, "city" means any city or town.

MOTION

On motion of Senator Rinehart, the following title amendment was adopted:

On page 1, line 2 of the title, after "teams;" strike the remainder of the title and insert "adding a new section to chapter 82.14 RCW; providing an effective date; and declaring an emergency."

On motion of Senator Rinehart, the rules were suspended, Engrossed Substitute Senate Bill No. 6049 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 roll call on the final passage of Engrossed Substitute Senate Bill No. 6049.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6049 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 18; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, C., Bauer, Drew, Fairley, Finkbeiner, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Owen, Pelz, Prentice, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Snyder, Spanel, Swecker, West, Winsley and Wood - 31.

Voting nay: Senators Anderson, A., Cantu, Deccio, Franklin, Hochstatter, McCaslin, Morton, Moyer, Newhouse, Oke, Palmer, Prince, Quigley, Roach, Smith, Strannigan, Sutherland and Wojahn - 18.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6049, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5914, by Senators Prentice, Heavey, Deccio and Finkbeiner

Providing for financing of public stadium, convention, performing arts, visual arts, and other tourism facilities.

MOTIONS

On motion of Senator Rinehart, Substitute Senate Bill No. 5914 was substituted for Senate Bill No. 5914 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Rinehart, the following amendment by Senators Rinehart, West, McDonald and Gaspard was adopted:

On page 1, strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 82.14 RCW to read as follows:

(1) Subject to subsections (2) and (3) of this section, the legislative authority of any county or any city may fix and impose a sales and use tax in accordance with the terms of this chapter. The tax authorized in this section shall be in addition to any other taxes authorized by law and shall be collected from those persons who are taxable by the state pursuant to chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within such county or city. The rate of tax shall be up to but not exceeding one-tenth of one percent of the selling price, in the case of a sales tax, or value of the article used, in the case of a use tax. The maximum rate of tax under this section, section 1, chapter ... (Substitute Senate Bill No. 5943), Laws of 1995, and section 1, chapter ... (Substitute Senate Bill No. 6049), Laws of 1995 shall not exceed one-tenth of one percent.

(3) No county or city may impose the tax under subsection (1) of this section unless the tax is first approved by a majority of the voters voting on the proposition to impose the tax.

(4) Moneys received from any tax imposed under this section shall be used exclusively for the following purposes:

(a) The purposes authorized in RCW 67.28.210, including the repair and reconstruction of a county-owned stadium with a seating capacity of forty-five thousand or more;

Revenues under this section may be used for facilities in other counties pursuant to an interlocal agreement under chapter 39.34 RCW.

(5) As used in this section, "city" means any city or town.

MOTIONS

On motion of Senator Rinehart, the following title amendment was adopted:

On page 1, line 2 of the title, after "facilities;" strike the remainder of the title and insert "adding a new section to chapter 82.14 RCW; providing an effective date; and declaring an emergency."

On motion of Senator Rinehart, the rules were suspended, Engrossed Substitute Senate Bill No. 5914 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5914.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5914 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 16; Absent, 1; Excused, 0.

Voting yea: Senators Anderson, C., Bauer, Drew, Fairley, Finkbeiner, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Kohl, Long, Loveland, McAuliffe, McDonald, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Swecker, Winsley and Wood - 32.

Voting nay: Senators Anderson, A., Cantu, Deccio, Franklin, Hochstatter, McCaslin, Morton, Moyer, Newhouse, Oke, Palmer, Roach, Strannigan, Sutherland, West and Wojahn - 16.

Absent: Senator Johnson - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5914, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5375, by Senators Wojahn, McCaslin, Haugen, Deccio, Franklin, Spanel, Kohl, Snyder, Quigley, Prentice, Oke and Moyer

Suspending various licenses for failure to pay child support.

MOTIONS

On motion of Senator Rinehart, Substitute Senate Bill No. 5375 was substituted for Senate Bill No. 5375 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Smith, the following amendment was adopted:

On page 2, line 5, after "person is" strike "ninety days" and insert "six months"

MOTION

On motion of Senator Smith, the rules were suspended, Engrossed Substitute Senate Bill No. 5375 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

MOTION

On motion of Senator Wood, Senator Johnson was excused.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5375.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5375 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 17; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, C., Bauer, Deccio, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Haugen, Heavey, Kohl, Loveland, McAuliffe, McDonald, Moyer, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 31.

Voting nay: Senators Anderson, A., Cantu, Finkbeiner, Hargrove, Hochstatter, Long, McCaslin, Morton, Newhouse, Oke, Owen, Palmer, Prince, Roach, Schow, Sellar and Strannigan - 17.

Excused: Senator Johnson - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5375, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5795, by Senator Heavey

Authorizing an alternate method for reducing city limits for cities with over fifty thousand population.

MOTIONS

On motion of Senator Haugen, Substitute Senate Bill No. 5795 was substituted for Senate Bill No. 5795 and the substitute bill was placed on second reading and read the second time.

Senator Pelz moved that the following amendment by Senators Pelz and Prentice be adopted:

On page 1, beginning on line 18, strike "in a city with a population of over four hundred thousand,"

Debate ensued.

MOTIONS

On motion of Senator Wood, Senators Ann Anderson and McDonald were excused.

On motion of Senator Loveland, Senator Drew was excused.

The President declared the question before the Senate to be the adoption of the amendment by Senators Pelz and Prentice on page 1, beginning on line 18, to Substitute Senate Bill No. 5795.

The motion by Senator Pelz failed and the amendment was not adopted.

MOTION

Senator Pelz moved that the following amendment by Senators Pelz and Prentice be adopted:

On page 1, line 18, following "over" strike "four hundred thousand" and insert "one hundred fifty thousand"

The President declared the question before the Senate to be the adoption of the amendment by Senators Pelz and Prentice on page 1, line 18, to Substitute Senate Bill No. 5795.

The motion by Senator Pelz failed and the amendment was not adopted.

MOTION

On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 5795 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

POINT OF ORDER

Senator Heavey: "Mr. President, a point of order. The Senator from the thirty-seventh district, saying, 'Dumping on Seattle,' is impugning my motives. I wish you would ask him to speak to the bill."

REPLY BY THE PRESIDENT

President Pritchard: "The President doesn't interpret that that way. I don't think he is impugning your motives. Senator Pelz can continue. I know Senator Pelz will watch his words."

Further debate ensued.

MOTION

On motion of Senator Wood, Senators Hale and Sellar were excused.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5795.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5795 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 14; Absent, 0; Excused, 5.

Voting yea: Senators Deccio, Finkbeiner, Gaspard, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Loveland, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prince, Quigley, Rasmussen, Roach, Schow, Sheldon, Smith, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 30.

Voting nay: Senators Anderson, C., Bauer, Cantu, Fairley, Franklin, Fraser, Kohl, Long, Pelz, Prentice, Rinehart, Snyder, Spanel and Wojahn - 14.

Excused: Senators Anderson, A., Drew, Hale, McDonald and Sellar - 5.

SUBSTITUTE SENATE BILL NO. 5795, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

At 12:35 p.m., on motion of Senator Spanel, the Senate recessed until 1:15 p.m.

The Senate was called to order at 1:26 p.m. by President Pritchard.

SECOND READING

SENATE BILL NO. 5530, by Senators Smith, Roach, Rasmussen and Winsley

Authorizing the use of automated traffic enforcement systems.

MOTIONS

On motion of Senator Smith, Substitute Senate Bill No. 5530 was substituted for Senate Bill No. 5530 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Hargrove, the following amendments by Senators Hargrove and Smith were considered simultaneously and were adopted:

On page 2, line 2, after "restrictions." insert "The restrictions shall include a conclusive presumption that no traffic infraction citation based on information obtained from an automated traffic enforcement system may be alleged at any time against a registered owner when, as a result of information obtained from an automated traffic enforcement system operated by the city or county: (i) The owner has previously been issued a citation by the same jurisdiction alleging an infraction of the same provision of state or local law; and (ii) the owner has not been notified of the previous alleged infraction."

On page 3, line 15, after "(c)" strike all material through "(d)" on line 23

MOTION

Senator Smith moved that the following amendment be adopted:

On page 2, line 8, after "(3)" insert "Law enforcement agencies may only use automated traffic enforcement systems to enforce speeding violations under the following conditions:

(a) An automated traffic enforcement system must be operated by a law enforcement agency in a law enforcement vehicle plainly marked with emergency lights and the agency shield or emblem on the exterior of the vehicle; and

(b) The local law enforcement agency shall plainly mark the locations where the automated traffic enforcement system is used by placing signs on street locations that clearly indicate to a driver that he or she is entering a zone enforced by an automated traffic enforcement system.

(4)"

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

Debate ensued.

MOTIONS

On motion of Senator Ann Anderson, Senator Moyer was excused.

On motion of Senator Loveland, Senators Fairley and Rinehart were excused.

The President declared the question before the Senate to be the adoption of the amendment by Senator Smith on page 2, line 8, to Substitute Senate Bill No. 5530.

The motion by Senator Smith carried and the amendment was adopted.

MOTION

On motion of Senator Smith, the rules were suspended, Engrossed Substitute Senate Bill No. 5530 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 roll call on the final passage of Engrossed Substitute Senate Bill No. 5530.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5530 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 13; Absent, 0; Excused, 3.

Voting yea: Senators Anderson, A., Anderson, C., Deccio, Drew, Finkbeiner, Fraser, Gaspard, Hale, Hargrove, Haugen, Hochstatter, Johnson, Long, Loveland, McDonald, Newhouse, Oke, Palmer, Pelz, Prentice, Prince, Rasmussen, Roach, Schow, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Winsley and Wood - 33.

Voting nay: Senators Bauer, Cantu, Franklin, Heavey, Kohl, McAuliffe, McCaslin, Morton, Owen, Quigley, Sellar, West and Wojahn - 13.

Excused: Senators Fairley, Moyer and Rinehart - 3.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5530, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE JOINT MEMORIAL NO. 8006, by Senators Oke, Owen, Roach, Hochstatter, Snyder, Schow, Cantu, Long, Hale, Swecker, A. Anderson, Palmer, Sellar, Deccio, Morton, McDonald, Prince, Johnson, Winsley, Bauer and Rasmussen

Asking Congress to propose a constitutional amendment to prohibit the physical desecration of the flag.

The joint memorial was read the second time.

MOTION

On motion of Senator Smith, the rules were suspended, Senate Joint Memorial No. 8006 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

Debate ensued.

MOTION

On motion of Senator Loveland, Senator Prentice was excused.

Further debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Joint Memorial No. 8006.

ROLL CALL

The Secretary called the roll on the final passage of Senate Joint Memorial No. 8006 and the joint memorial passed the Senate by the following vote: Yeas, 40; Nays, 6; Absent, 0; Excused, 3.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Gaspard, Hale, Hargrove, Haugen, Hochstatter, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 40.

Voting nay: Senators Anderson, C., Fraser, Heavey, Kohl, Pelz and Spanel - 6.

Excused: Senators Fairley, Prentice and Rinehart - 3.

SENATE JOINT MEMORIAL NO. 8006, having received the constitutional majority, was declared passed.

MOTION

At 1:52 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.

The Senate was called to order at 2:43 p.m. by President Pritchard.

SECOND READING

SENATE BILL NO. 5940, by Senators Snyder, McCaslin, Loveland, Palmer, Bauer, Sutherland, Newhouse, Heavey, Moyer, Finkbeiner, Winsley, Gaspard, Drew, Sheldon, Fraser, Wojahn, Long and Spanel

Clarifying that use tax is due on certain direct mail advertising.

The bill was read the second time.

MOTION

Senator Palmer moved that the following amendment by Senators Palmer, Schow, Long, Swecker, Johnson and Strannigan be adopted:

On page 3, after line 34, insert the following:

"NEW SECTION. Sec. 2. A new section is added to chapter 82.08 RCW to read as follows:

The tax levied by RCW 82.08.020 shall not apply to imprinting done in the state for distribution and display within the state."

Renumber remaining section.

POINT OF ORDER

Senator Snyder: "Mr. President, I rise to a point of order. I believe the amendment expands the scope and object of the bill and I would like to speak to the point please. The amendment to Senate Bill No. 5940 accepts some sales tax on printing done in this state for distribution and display within the state. The bill itself subjects to tax, printing done outside the state for distribution and display in the state. Under the Federal Interstate Commerce clause, a state tax does not offend the Interstate Commerce clause if it; one, is applied to an activity with a substantial nexus with the taxing state; two, is fairly apportioned between all states that could tax the activity; three, does not discriminate against Interstate Commerce; and four, is fairly related to services provided by the state."

Further debate ensued.

There being no objection, the President deferred further consideration of Senate Bill No. 5940.

SECOND READING

SENATE BILL NO. 6037, by Senators Sheldon, Hale, Rinehart, Haugen, Drew, Oke, Kohl, Fairley, Franklin, Snyder, Quigley, Bauer, McAuliffe, Fraser, Sutherland and Gaspard

Creating the Washington Independent Regulatory Affairs Commission.

The bill was read the second time.

MOTION

Senator Sheldon moved that the following amendment by Senators Sheldon, Ann Anderson, Hale, Loveland, Gaspard, Haugen, Wojahn, Snyder, Winsley, Quigley and Rinehart be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature has enacted a large number of statutes conferring on boards, commissions, departments, and other agencies of the executive branch of government the authority to adopt rules to supplement and implement those statutes. The legislature has found that this delegation of its authority has resulted in rules being adopted without sufficient consideration of need, cost-effectiveness, conflict and duplication, and conformity with legislative intent. The legislature finds that it must provide a procedure for oversight and review of rules adopted under this delegation of legislative power to curtail excessive regulation and to establish a system of accountability so that a state agency must justify its use of regulatory authority before imposing undue costs on citizens that detrimentally affect the economy of Washington. It is the intent of sections 2 through 12 of this act to establish a method for early, continuing, and effective review, accountability, and oversight. It is the further intent of sections 2 through 12 of this act to provide for an initial thorough review by a commission with sufficient authority, expertise, independence, and time to perform that responsibility. It is the further intent of sections 2 through 12 of this act to provide review by the legislature of those rules disapproved by the commission. Sections 2 through 12 of this act are intended to provide a method of oversight and review of rules to assist the governor and the legislature in their supervisory and oversight functions.

NEW SECTION. Sec. 2. (1) The Washington independent regulatory review commission is created, to consist of five members to be known as commissioners. One member of the commission shall be appointed by the governor to serve at his or her pleasure, and one member each shall be appointed by the four caucuses of the legislature having the largest membership. No member of the legislature or any other officer or employee of state government may serve as a member of the commission. However, a commission member may serve on advisory boards and commissions, or on other boards and commissions that do not adopt any rules that may come before the commission for review under this chapter.

(2) Of the original members, the two members appointed by the house of representatives shall serve for initial terms of two years, and the two members appointed by the senate shall serve for initial terms of three years. Thereafter, each appointment is for a term of three years, and such appointments must be made in the same manner as the original appointments. From the time of original appointment to the commission, no commissioner may serve more than two full terms. A commissioner initially appointed to serve the remainder of an unexpired term is, in addition eligible to be appointed to, and to serve, two full terms.

(3) All vacancies must be filled, for the remainder of the unexpired term, in the same manner as original appointments. A commissioner, upon the expiration of his or her term, will continue to hold office until his or her successor is appointed.

(4) The commissioners shall be compensated in accordance with RCW 43.03.250. The commissioners are also entitled to reimbursement for travel and other necessary expenses incurred as a result of their duties as members of the commission. Commissioners are not eligible for state retirement under chapter 41.40 RCW by virtue of their service on the commission.

(5) Except as authorized under this section and except for the governor's appointee who serves at the governor's pleasure, no commissioner may be removed from office during his or her term. The governor may, with the approval by resolution of two-thirds of the members of the senate, upon clear and convincing evidence of misfeasance or malfeasance in office or neglect of duty, remove a commissioner before the expiration of the term. The governor shall provide the commissioner so removed with a detailed written statement of the reasons for the removal.

(6) No commissioner may participate in deliberations regarding a rule that significantly affects the operation or activities of an organization (except a nonprofit organization certified under section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. Sec. 501(c)(3)) in which the commissioner holds a nonsalaried position) in which the commissioner, or any member of his or her immediate family, has a substantial economic interest or serves as an officer, director, trustee, partner, or employee. Within ninety days of appointment, and annually thereafter, each commissioner shall file with the public disclosure commission a statement of financial affairs under RCW 42.17.240. Before a vote upon a rule in which a commissioner feels he or she or any other commissioner has a potential conflict of interest, the commissioner shall disclose the potential conflict and request a ruling from the chairman of the commission upon the question of whether the potential conflict disqualifies the commissioner from voting on the rule. Any commissioner may challenge the ruling of the chairman, and in such case the question must be resolved by majority vote of the commission. The chairman or a majority of the commissioners may request the executive ethics board under RCW 42.52.360 to provide advice regarding conflicts of interest, and such advice, when given, is binding upon the commission.

(7) The commission shall elect a chairman, who shall serve for a term of two years and until his or her successor is elected. The chairman shall preside at meetings of the commission and shall execute documents relating to the formal actions of the commission.

(8) The commission shall meet at least once a month at such times and places as set by the chairman. Meetings are subject to chapter 42.30 RCW. A commissioner who fails to attend three consecutive meetings without cause shall be removed as a commissioner by the authority appointing that commissioner.

(9) The commission shall annually file a report of its activities of the prior year with the governor, the chief clerk of the house of representatives, and the secretary of the senate.

NEW SECTION. Sec. 3. The commission shall appoint an executive director whose annual salary is determined under RCW 43.03.028. The executive director shall perform such duties and have such powers as the commission prescribes in order to implement and enforce sections 1 through 12 of this act. In addition to the performance of administrative duties, the commission may delegate to the executive director authority with respect to, but not limited to, determinations under sections 4 and 5 of this act. The delegation does not eliminate a party's right of appeal to the commission. In addition, the commission shall appoint a chief counsel who is not subject to the supervision of the attorney general and whose annual salary is determined under RCW 43.03.028. The commission shall employ or contract with such others as it may from time to time find necessary for the proper performance of its duties.

NEW SECTION. Sec. 4. (1) After receipt of the statement of inquiry under RCW 34.05.310, if the commission has reason to believe that the contemplated rule would violate the review criteria established in section 6(2) of this act, the commission shall notify the adopting agency of its concerns and the means whereby these concerns may be addressed.

(2) If an agency indicates in the statement of inquiry that it does not intend to provide an opportunity for interested parties to participate in the rule-making process before publication of the proposed rule under RCW 34.05.310(2), but the commission believes that such an opportunity may be appropriate, the commission shall so notify the agency. The notification does not create any obligation on the part of the agency. Upon request, the commission may assist an agency in facilitating the public participation.

NEW SECTION. Sec. 5. After the commission receives the notice of proposed rule adoption under RCW 34.05.320:

(1) If the commission has reason to believe that the proposed rule would violate the review criteria established in section 6(2) of this act, the commission shall notify the adopting agency in writing of its concerns and the means whereby these concerns may be addressed;

(2) If the commission has reason to believe that the proposed rule would not violate the review criteria established in section 6(2) of this act, or that review by the commission is otherwise not necessary to achieve the objectives of section 1 of this act, the commission may so notify the adopting agency. The commission shall submit a copy of this notification to the secretary of the senate and the chief clerk of the house of representatives, for distribution to the chairs of the appropriate standing committees.

The agency shall include any notification received under subsection (1) or (2) of this section, and any agency response in the rule-making file.

NEW SECTION. Sec. 6. (1) The commission shall approve without review under subsection (2) of this section: (a) A rule filed with it for which a preproposal statement of inquiry was not required under RCW 34.05.310; (b) a rule developed through the use of negotiated rule making under RCW 34.05.310 or involving pilot rule making under RCW 34.05.313 where the commission finds review of the rule is not necessary to achieve the objectives of section 1 of this act; and (c) a rule not subject to review in accordance with the notification given the agency under section 5(2) of this act.

(2) The commission shall review all rules filed with it that are not approved without review under subsection (1) of this section to determine the following:

(a) Whether the rule is within the statutory authority of the agency as expressed by the legislature when it enacted the statute upon which the rule is based. In formulating its determination, the commission shall solicit and consider written comments from the appropriate standing committees of the legislature and current members of the legislature and any pertinent opinions of the Washington courts.

(b) Whether, in adopting the rule, the agency has complied with all applicable provisions of law, including chapter 19.85 RCW and section 9 of this act.

(3) In reviewing rules filed with it, the commission shall give priority to those rules it has reason to believe are not within the statutory authority of the agency or that conflict with an existing federal or state law.

(4) The commission shall adopt rules governing the procedures it uses in reviewing rules filed with it. The rules must provide for an orderly review and specify the methods, standards, presumptions, and principles the commission uses, and the limitations it observes, in reviewing rules for compliance with the standards in subsection (2) of this section. The rules adopted by the commission must attempt to ensure: (a) Adequate and equal opportunity for all interested parties to participate in the rule review process; and (b) that the commission does not substitute its judgment for that of the rule-making agency as expressed in the substantive content of the rule under review.

(5) The commission and staff shall not accept comments regarding a rule under review within seventy-two hours before a commission meeting on that rule. The commission and staff shall note all documents, telephone calls, personal visits, or other communication regarding a rule under review and make than a part of the commission's public record.

(6) The commission may establish ad hoc advisory boards, including but not limited to, ad hoc economic or science advisory boards to assist it in the review of a rule.

NEW SECTION. Sec. 7. (1) By a majority vote of its members, the commission shall either approve a rule filed with it for review, and transmit it to the code reviser for filing, or disapprove it within forty-five working days after the rule has been filed with it for review. If the commission fails to act within forty-five days, the rule is deemed to have been approved, and the adopting agency may transmit it to the code reviser for filing.

(2) If the commission disapproves a rule, it shall return the rule to the adopting agency within the forty-five-day period specified in subsection (1) of this section, accompanied by a statement specifying the reasons for disapproval. Within seven days of the issuance of the notice, the commission shall provide the adopting agency with a written decision detailing the specific regulatory review criteria that the rule failed to meet, and a summary of the documents and testimony relied on by the commission in reaching its final decision. The commission may not disapprove a rule except for failure to comply with the standards set forth in section 6(2) of this act.

(3) The commission shall file the notice of disapproval required by subsection (2) of this section with the code reviser for publication in the Washington State Register. The commission shall provide the written decision required by subsection (2) of this section to anyone requesting it, and shall submit it to the secretary of the senate and the chief clerk of the house of representatives for distribution to the chairs of the appropriate standing committees.

(4) If an agency determines on its own that a rule filed for review should be returned by the commission before the completion of the commission's review, it may request the return of the rule. The filing agency shall memorialize in writing all requests for the return of a rule no later than seven days after the request. The agency may refile the rule with the commission for review within one hundred eighty days as specified in RCW 34.05.335, or refile it in accordance with RCW 34.05.320.

(5) The commission shall not initiate the return of a rule under subsection (4) of this section as an alternative to disapproval under subsection (2) of this section.

NEW SECTION. Sec. 8. (1) Within one hundred twenty days of an agency's receipt of the written decision required by section 7 of this act, the agency may rewrite and refile a rule returned to it under that section without complying with the notice and hearing requirements of RCW 34.05.320, unless the provisions of the rule are substantially changed. If the rule is substantially changed or is not filed within one hundred twenty days of receipt of the written decision, the agency may start a new process to adopt the rule, in full compliance with this chapter. The commission may, upon a showing of good cause, grant an extension to the one hundred twenty-day period specified in this subsection.

(2) Upon refiling of a previously disapproved rule to the commission under subsection (1) of this section, the commission shall review the refiled rule only for those reasons expressly identified in the written decision required by section 7 of this act, or for those issues arising as a result of a substantial change to a provision of the rule or as a result of intervening statutory changes or intervening court orders or decisions. Review of the refiled rule must be done according to the same time limits as for review of a newly submitted rule.

(3) When an agency refiles a withdrawn or disapproved rule with the commission, it shall identify the prior withdrawn or disapproved rule by its date of filing with the commission, shall specify the portion of the prior rule-making record that should be included in the refiling, and shall submit to the commission a copy of the prior rule-making record if that record has been returned to the agency by the commission.

(4) When the commission disapproves a rule, the agency may nonetheless adopt the rule and file it with the code reviser within the sixty-day period after the last day of the next regular legislative session after the date on which the rule was disapproved, unless the statute cited by the agency as authorizing the rule is amended by the legislature.

NEW SECTION. Sec. 9. (1) Before adopting a rule subject to review by the commission, an agency shall:

(a) Clearly state in detail the general goals and specific objectives of the statute that the rule implements and the specific objectives the agency seeks to achieve;

(b) Determine that the rule is needed to achieve the general goals and specific objectives stated under (a) of this subsection, and analyze alternatives to rule making and the consequences of not adopting the rule;

(c) Determine that the probable benefits of the rule are greater than its probable costs, taking into account both the qualitative and quantitative benefits and costs and the specific directives of the statute being implemented;

(d) Determine, after considering alternative versions of the rule and the analysis required under (b) and (c) of this subsection, that the rule being adopted is the least burdensome alternative for those required to comply with the rule that will achieve the general goals and the specific objectives stated under (a) of this subsection;

(e) Determine that the rule does not require those to whom it applies to take an action that violates requirements of another federal or state law;

(f) Coordinate the rule, to the maximum extent practicable, with other federal, state, and local laws applicable to the same circumstances and list, by citation, duplicative, inconsistent, or conflicting laws;

(g) Determine that the rule does not impose more stringent performance requirements on private entities than on public entities unless required to do so by federal or state law;

(h) Determine if the rule differs from any applicable federal regulation or statute and, if so, determine that the difference is justified by the following:

(i) State statutory authority that explicitly allows the agency to differ from federal standards; or

(ii) Substantial evidence that the difference is necessary to achieve the specific objectives of the authorizing state statute;

(i) Describe how the agency will monitor and evaluate on an ongoing basis whether the rule in fact achieves the general goals and specific objectives stated under (a) of this subsection, including, to the maximum extent practicable, the use of interim milestones to assess progress and the use of objectively measurable outcomes;

(j) Describe how the agency will implement and enforce the rule and encourage voluntary compliance with the rule;

(k) Describe which resources the agency intends to use to implement the rule; and

(l) Document compliance with the requirements of this section in the rule-making file.

(2) Before adopting a rule subject to review by the commission, an agency shall include in the rule-making file a written plan that describes:

(a) The methods the agency will use in making a reasonable attempt to notify those to whom the rule applies of the adoption of the rule and how they may get more information on how to comply with the rule; and

(b) How the agency will provide adequate sources of information and technical assistance to those to whom the rule applies to assist them in voluntarily complying with the rule.

(3) For rules implementing statutes enacted after the effective date of this act, except emergency rules adopted under RCW 34.05.350, an agency may not rely solely on the statute's statement of intent or purpose, or on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for its statutory authority to adopt the rule. An agency may use the statement of intent or purpose or the agency enabling provisions to interpret ambiguities in a statute's other provisions.

NEW SECTION. Sec. 10. In the discharge of any duty imposed under this chapter, the commission or personnel under its authority may examine and inspect all properties, equipment, facilities, files, records, and accounts of any state office, department, institution, board, committee, commission, or agency, and administer oaths, issue subpoenas, compel the attendance of witnesses and the production of any papers, books, accounts, documents, and testimony, and cause the deposition of witnesses, either residing within or outside the state, to be taken in the manner prescribed by law for taking depositions in civil actions in the superior courts.

In case of the failure on the part of a person to comply with any subpoena issued in behalf of the commission, or on the refusal of a witness to testify to matters regarding which he or she may be lawfully interrogated, the superior court of any county, or the judge thereof, shall, on application of the commission, compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from the court or a refusal to testify in court.

NEW SECTION. Sec. 11. The commission, either on its motion or on the request of an individual, agency, corporation, member of the legislature, or any other entity that may be affected by a rule, may also petition an agency requesting the adoption, amendment, or repeal of a rule under RCW 34.05.330. The commission shall petition an agency under RCW 34.05.330 requesting the adoption of a rule if it believes that the agency is using a policy statement or guidelines in place of a rule. The commission may also make recommendations to the legislature and the governor for statutory changes whenever it finds that an existing rule or procedure may be contrary to the public interest.

Where the commission finds that an existing rule is not being enforced as required by law, the commission shall notify the responsible agency and submit a copy of this notification to the chief clerk of the house of representatives and the secretary of the senate for distribution to the appropriate standing committees.

NEW SECTION. Sec. 12. The commission shall act as a clearinghouse for complaints, comments, and other input from members of the legislature and from the public regarding rules, proposed rules, and administrative procedures. The commission shall maintain accurate records regarding complaints and comments it receives and shall maintain the records according to departmental and subject matter categories. When the commission files its annual report under section 2 of this act, the commission shall include within it a summary of public complaint and comment along with any recommendations the commission may offer for statutory change as the result of public complaint and comment.

The commission shall develop and implement training programs and other aids to assist state agencies in complying with the review criteria in section 6(2) of this act.

NEW SECTION. Sec. 13. By January 31, 1997, and by January 31st of each odd-numbered year thereafter, the joint committee on performance audits, after consulting with state agencies and business, labor, and environmental organizations, shall report to the governor and the legislature regarding the impact of the independent regulatory review commission on the regulatory system in this state. The report shall document:

(1) If, and in what way, oversight and review by the commission affected the substance of rules that ultimately went into effect;

(2) Each rule that the commission disapproved, and the legislative action, if any, in response to the disapproval;

(3) The costs incurred by state agencies in complying with the legislative rule-making criteria and the requests of the commission;

(4) Any legal action maintained based upon the alleged failure of an agency to adopt a rule in compliance with the rule-making criteria, the costs to the state of the action, and the result;

(5) The extent to which the existence of the commission and the review process has resulted in the increased inappropriate use by the agencies of policy statements and guidelines in place of rules;

(6) The extent to which the efforts of the commission have led to increased use of negotiated rule making and pilot rules, and alternative dispute resolution techniques in the regulatory process;

(7) The extent to which agencies have responded to petitions from the commission to adopt, amend, or repeal a rule;

(8) The extent to which the commission's decisions and activities have adversely affected the capacity of agencies to fulfill their legislatively prescribed missions;

(9) The extent to which the commission's decisions and activities have improved the acceptability of state rules to those regulated; and

(10) Any other information considered by the joint committee on performance audits to be useful in evaluating the impact of the commission on the regulatory system in this state.

Sec. 14. RCW 34.05.010 and 1992 c 44 s 10 are each amended to read as follows:

The definitions set forth in this section shall apply throughout this chapter, unless the context clearly requires otherwise.

(1) "Adjudicative proceeding" means a proceeding before an agency in which an opportunity for hearing before that agency is required by statute or constitutional right before or after the entry of an order by the agency. Adjudicative proceedings also include all cases of licensing and rate making in which an application for a license or rate change is denied except as limited by RCW 66.08.150, or a license is revoked, suspended, or modified, or in which the granting of an application is contested by a person having standing to contest under the law.

(2) "Agency" means any state board, commission, department, institution of higher education, or officer, authorized by law to make rules or to conduct adjudicative proceedings, except those in the legislative or judicial branches, the governor, or the attorney general except to the extent otherwise required by law and any local governmental entity that may request the appointment of an administrative law judge under chapter 42.41 RCW.

(3) "Agency action" means licensing, the implementation or enforcement of a statute, the adoption or application of an agency rule or order, the imposition of sanctions, or the granting or withholding of benefits.

Agency action does not include an agency decision regarding (a) contracting or procurement of goods, services, public works, and the purchase, lease, or acquisition by any other means, including eminent domain, of real estate, as well as all activities necessarily related to those functions, or (b) determinations as to the sufficiency of a showing of interest filed in support of a representation petition, or mediation or conciliation of labor disputes or arbitration of labor disputes under a collective bargaining law or similar statute, or (c) any sale, lease, contract, or other proprietary decision in the management of public lands or real property interests, or (d) the granting of a license, franchise, or permission for the use of trademarks, symbols, and similar property owned or controlled by the agency.

(4) "Agency head" means the individual or body of individuals in whom the ultimate legal authority of the agency is vested by any provision of law. If the agency head is a body of individuals, a majority of those individuals constitutes the agency head.

(5) "Commission" means the independent regulatory review commission created under section 2 of this act.

(6) "Entry" of an order means the signing of the order by all persons who are to sign the order, as an official act indicating that the order is to be effective.

(((6))) (7) "Filing" of a document that is required to be filed with an agency means delivery of the document to a place designated by the agency by rule for receipt of official documents, or in the absence of such designation, at the office of the agency head.

(((7))) (8) "Institutions of higher education" are the University of Washington, Washington State University, Central Washington University, Eastern Washington University, Western Washington University, The Evergreen State College, the various community colleges, and the governing boards of each of the above, and the various colleges, divisions, departments, or offices authorized by the governing board of the institution involved to act for the institution, all of which are sometimes referred to in this chapter as "institutions."

(((8))) (9) "Interpretive statement" means a written expression of the opinion of an agency, entitled an interpretive statement by the agency head or its designee, as to the meaning of a statute or other provision of law, of a court decision, or of an agency order.

(((9))) (10)(a) "License" means a franchise, permit, certification, approval, registration, charter, or similar form of authorization required by law, but does not include (i) a license required solely for revenue purposes, or (ii) a certification of an exclusive bargaining representative, or similar status, under a collective bargaining law or similar statute, or (iii) a license, franchise, or permission for use of trademarks, symbols, and similar property owned or controlled by the agency.

(b) "Licensing" includes the agency process respecting the issuance, denial, revocation, suspension, or modification of a license.

(((10))) (11)(a) "Order," without further qualification, means a written statement of particular applicability that finally determines the legal rights, duties, privileges, immunities, or other legal interests of a specific person or persons.

(b) "Order of adoption" means the official written statement by which an agency adopts, amends, or repeals a rule.

(((11))) (12) "Party to agency proceedings," or "party" in a context so indicating, means:

(a) A person to whom the agency action is specifically directed; or

(b) A person named as a party to the agency proceeding or allowed to intervene or participate as a party in the agency proceeding.

(((12))) (13) "Party to judicial review or civil enforcement proceedings," or "party" in a context so indicating, means:

(a) A person who files a petition for a judicial review or civil enforcement proceeding; or

(b) A person named as a party in a judicial review or civil enforcement proceeding, or allowed to participate as a party in a judicial review or civil enforcement proceeding.

(((13))) (14) "Person" means any individual, partnership, corporation, association, governmental subdivision or unit thereof, or public or private organization or entity of any character, and includes another agency.

(((14))) (15) "Policy statement" means a written description of the current approach of an agency, entitled a policy statement by the agency head or its designee, to implementation of a statute or other provision of law, of a court decision, or of an agency order, including where appropriate the agency's current practice, procedure, or method of action based upon that approach.

(((15))) (16) "Rule" means any agency order, directive, or regulation of general applicability (a) the violation of which subjects a person to a penalty or administrative sanction; (b) which establishes, alters, or revokes any procedure, practice, or requirement relating to agency hearings; (c) which establishes, alters, or revokes any qualification or requirement relating to the enjoyment of benefits or privileges conferred by law; (d) which establishes, alters, or revokes any qualifications or standards for the issuance, suspension, or revocation of licenses to pursue any commercial activity, trade, or profession; or (e) which establishes, alters, or revokes any mandatory standards for any product or material which must be met before distribution or sale. The term includes the amendment or repeal of a prior rule, but does not include (i) statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public, (ii) declaratory rulings issued pursuant to RCW 34.05.240, (iii) traffic restrictions for motor vehicles, bicyclists, and pedestrians established by the secretary of transportation or his designee where notice of such restrictions is given by official traffic control devices, or (iv) rules of institutions of higher education involving standards of admission, academic advancement, academic credit, graduation and the granting of degrees, employment relationships, or fiscal processes.

(((16) "Rules review committee" or "committee" means the joint administrative rules review committee created pursuant to RCW 34.05.610 for the purpose of selectively reviewing existing and proposed rules of state agencies.))

(17) "Rule making" means the process for formulation and adoption of a rule.

(18) "Service," except as otherwise provided in this chapter, means posting in the United States mail, properly addressed, postage prepaid, or personal service. Service by mail is complete upon deposit in the United States mail. Agencies may, by rule, authorize service by electronic telefacsimile transmission, where copies are mailed simultaneously, or by commercial parcel delivery company.

Sec. 15. RCW 34.05.310 and 1994 c 249 s 1 are each amended to read as follows:

(1) To meet the intent of providing greater public access to administrative rule making and to promote consensus among interested parties, agencies shall solicit comments from the public on a subject of possible rule making before ((publication of)) filing with the code reviser a notice of proposed rule adoption under RCW 34.05.320. The agency shall prepare a statement of ((intent)) inquiry that:

(a) ((States the specific statutory authority for the new rule;

(b) Identifies the reasons the new rule is needed;

(d) Describes)) Identifies the specific statute or statutes authorizing the agency to adopt rules on this subject;

(b) Discusses why rules on this subject may be needed and what they might accomplish;

(c) Discusses the process by which the rule ((will)) might be developed, including, but not limited to, negotiated rule making, pilot rule making, or agency study; ((and

(e))) (d) Specifies the process by which interested parties can effectively participate in the ((formulation of the)) decision to adopt a new rule and formulation of a proposed rule before its publication.

The statement of ((intent)) inquiry shall be filed with the code reviser for publication in the state register and shall be sent to the commission and any party that has requested receipt of the agency's statements of ((intent)) inquiry.

(2) Agencies are encouraged to develop and use new procedures for reaching agreement among interested parties before publication of notice and the adoption hearing on a proposed rule. Examples of new procedures include, but are not limited to:

(a) Negotiated rule making which includes:

(i) Identifying individuals and organizations that have a recognized interest in or will be significantly affected by the adoption of the proposed rule;

(ii) Soliciting participation by persons who are capable, willing, and appropriately authorized to enter into such negotiations;

(iii) Assuring that participants fully recognize the consequences of not participating in the process, are committed to negotiate in good faith, and recognize the alternatives available to other parties;

(iv) Establishing guidelines to encourage consideration of all pertinent issues, to set reasonable completion deadlines, and to provide fair and objective settlement of disputes that may arise;

(v) Agreeing on a reasonable time period during which the agency will be bound to the rule resulting from the negotiations without substantive amendment; and

(vi) Providing a mechanism by which one or more parties may withdraw from the process or the negotiations may be terminated if it appears that consensus cannot be reached on a draft rule that accommodates the needs of the agency, interested parties, and the general public and conforms to the legislative intent of the statute that the rule is intended to implement; and

(b) Pilot rule making which includes testing the draft of a proposed rule through the use of volunteer pilot study groups in various areas and circumstances.

(3)(a) An agency must make a determination whether negotiated rule making, pilot rule making, or another process for generating participation from interested parties prior to development of the rule is appropriate.

(b) An agency must include a written justification in the rule-making file if an opportunity for interested parties to participate in the rule-making process prior to publication of the proposed rule has not been provided.

(4) This section does not apply to:

(a) Emergency rules adopted under RCW 34.05.350;

(b) Rules relating only to internal governmental operations that are not subject to violation by a nongovernment party;

(c) Rules adopting or incorporating by reference without material change federal statutes or rules, rules of other Washington state agencies, shoreline master programs other than those governing shorelines of state-wide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule;

(d) Rules that only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect;

(e) Rules whose content is explicitly and specifically dictated by statute;

(f) Rules that establish, alter, or repeal (i) a procedure, practice, or requirement relating to agency hearings, or (ii) a filing or related process requirement for applying to an agency for a license.

Sec. 16. RCW 34.05.320 and 1994 c 249 s 14 are each amended to read as follows:

(1) No sooner than thirty days after publication of the statement of inquiry under RCW 34.05.310, and at least twenty days before the rule-making hearing at which the agency receives public comment regarding adoption of a rule, the agency shall cause notice of the hearing to be published in the state register. The publication constitutes the proposal of a rule. The notice shall include all of the following:

(a) A title, a description of the rule's purpose, and any other information which may be of assistance in identifying the rule or its purpose;

(b) Citations of the statutory authority for adopting the rule and the specific statute the rule is intended to implement;

(d) The agency personnel, with their office location and telephone number, who are responsible for the drafting, implementation, and enforcement of the rule;

(e) The name of the person or organization, whether private, public, or governmental, proposing the rule;

(f) Agency comments or recommendations, if any, regarding statutory language, implementation, enforcement, and fiscal matters pertaining to the rule;

(g) Whether the rule is necessary as the result of federal law or federal or state court action, and if so, a copy of such law or court decision shall be attached to the purpose statement;

(h) When, where, and how persons may present their views on the proposed rule;

(i) The date on which the agency intends to adopt the rule;

(j) A short explanation of the rule, its purpose, and anticipated effects, including in the case of a proposal that would modify existing rules, a short description of the changes the proposal would make; and

(k) A statement indicating how a person can obtain a copy of the small business economic impact statement prepared under chapter 19.85 RCW, or an explanation for why the agency did not prepare the statement.

(2) Upon filing notice of the proposed rule with the code reviser, the adopting agency shall have copies of the notice on file and available for public inspection and shall forward three copies of the notice to the ((rules review committee)) regulatory review commission.

(3) No later than three days after its publication in the state register, the agency shall cause a copy of the notice of proposed rule adoption to be mailed to each person who has made a request to the agency for a mailed copy of such notices. An agency may charge for the actual cost of providing individual mailed copies of these notices.

(4) In addition to the notice required by subsections (1) and (2) of this section, an institution of higher education shall cause the notice to be published in the campus or standard newspaper of the institution at least seven days before the rule-making hearing.

Sec. 17. RCW 34.05.335 and 1989 c 175 s 8 are each amended to read as follows:

(1) A proposed rule may be withdrawn by the proposing agency at any time before adoption. A withdrawn rule may not be adopted unless it is again proposed in accordance with RCW 34.05.320.

(2) Before adopting a rule, an agency shall consider the written and oral submissions, or any memorandum summarizing oral submissions.

(3) Rules not adopted and filed with the ((code reviser)) commission within one hundred eighty days after publication of the text as last proposed in the register shall be regarded as withdrawn. An agency may not thereafter adopt the proposed rule without refiling it in accordance with RCW 34.05.320. The ((code reviser)) commission shall give notice of the withdrawal to the code reviser for publication in the register.

(4) An agency may not adopt a rule before the time established in the published notice, or such later time established on the record or by publication in the state register.

Sec. 18. RCW 34.05.350 and 1994 c 249 s 3 are each amended to read as follows:

(1) If an agency for good cause finds:

(a) That immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; or

(b) That state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule,

the agency may dispense with those requirements and adopt, amend, or repeal the rule on an emergency basis. The agency's finding and a concise statement of the reasons for its finding shall be incorporated in the order for adoption of the emergency rule or amendment filed with the office of the code reviser under RCW 34.05.380 and with the ((rules review committee)) regulatory review commission.

(2) An emergency rule adopted under this section takes effect upon filing with the code reviser, unless a later date is specified in the order of adoption, and may not remain in effect for longer than one hundred twenty days after filing. Identical or substantially similar emergency rules may not be adopted in sequence unless conditions have changed or the agency has filed notice of its intent to adopt the rule as a permanent rule, and is actively undertaking the appropriate procedures to adopt the rule as a permanent rule. This section does not relieve any agency from compliance with any law requiring that its permanent rules be approved by designated persons or bodies before they become effective.

(3) Within seven days after the rule is adopted, any person may petition the governor requesting the immediate repeal of a rule adopted on an emergency basis by any department listed in RCW 43.17.010. Within seven days after submission of the petition, the governor shall either deny the petition in writing, stating his or her reasons for the denial, or order the immediate repeal of the rule. In ruling on the petition, the governor shall consider only whether the conditions in subsection (1) of this section were met such that adoption of the rule on an emergency basis was necessary. If the governor orders the repeal of the emergency rule, any sanction imposed based on that rule is void. This subsection shall not be construed to prohibit adoption of any rule as a permanent rule.

(((4) In adopting an emergency rule, the agency shall comply with section 4 of this act or provide a written explanation for its failure to do so.))

Sec. 19. RCW 34.05.370 and 1994 c 249 s 2 are each amended to read as follows:

(1) Each agency shall maintain an official rule-making file for each rule that it (a) proposes by publication in the state register, or (b) adopts. The file and materials incorporated by reference shall be available for public inspection. Each agency shall provide a copy of all materials in its file to the commission upon its request.

(2) The agency rule-making file shall contain all of the following:

(a) Copies of all publications in the state register with respect to the rule or the proceeding upon which the rule is based;

(b) Copies of any portions of the agency's public rule-making docket containing entries relating to the rule or the proceeding on which the rule is based;

(c) All written petitions, requests, submissions, and comments received by the agency and all other written material regarded by the agency as important to adoption of the rule or the proceeding on which the rule is based;

(d) Any official transcript of oral presentations made in the proceeding on which the rule is based or, if not transcribed, any tape recording or stenographic record of them, and any memorandum prepared by a presiding official summarizing the contents of those presentations;

(e) The concise explanatory statement required by RCW 34.05.355;

(f) All petitions for exceptions to, amendment of, or repeal or suspension of, the rule;

(g) Citations to data, factual information, studies, or reports on which the agency relies in the adoption of the rule, indicating where such data, factual information, studies, or reports are available for review by the public;

(h) The written summary and response required by RCW 34.05.325(6); and

(i) Any other material placed in the file by the agency.

(3) Internal agency documents are exempt from inclusion in the rule-making file under subsection (2) of this section to the extent they constitute preliminary drafts, notes, recommendations, and intra-agency memoranda in which opinions are expressed or policies formulated or recommended, except that a specific document is not exempt from inclusion when it is publicly cited by an agency in connection with its decision.

(4) Upon judicial review, the file required by this section constitutes the official agency rule-making file with respect to that rule. Unless otherwise required by another provision of law, the official agency rule-making file need not be the exclusive basis for agency action on that rule.

Sec. 20. RCW 34.05.380 and 1989 c 175 s 11 are each amended to read as follows:

(1) Each agency shall file ((in the office of the code reviser)) with the commission a certified copy of all rules it adopts, except for rules contained in tariffs filed with or published by the Washington utilities and transportation commission. Upon its approval of a rule, the commission shall file the rule with the code reviser. The code reviser shall place upon each rule a notation of the time and date of filing and shall keep a permanent register of filed rules open to public inspection. In filing a rule, each agency shall use the standard form prescribed for this purpose by the code reviser.

(2) Emergency rules adopted under RCW 34.05.350 become effective upon filing unless a later date is specified in the order of adoption. All other rules become effective upon the expiration of thirty days after the date of filing, unless a later date is required by statute or specified in the order of adoption.

(3) A rule may become effective immediately upon its filing with the code reviser or on any subsequent date earlier than that established by subsection (2) of this section, if the agency establishes that effective date in the adopting order and finds that:

(a) Such action is required by the state or federal Constitution, a statute, or court order;

(b) The rule only delays the effective date of another rule that is not yet effective; or

The finding and a brief statement of the reasons therefor required by this subsection shall be made a part of the order adopting the rule.

(4) With respect to a rule made effective pursuant to subsection (3) of this section, each agency shall make reasonable efforts to make the effective date known to persons who may be affected by it.

Sec. 21. RCW 42.17.2401 and 1993 sp.s. c 2 s 18, 1993 c 492 s 488, and 1993 c 281 s 43 are each reenacted and amended to read as follows:

For the purposes of RCW 42.17.240, the term "executive state officer" includes:

(1) The chief administrative law judge, the director of agriculture, the administrator of the office of marine safety, the administrator of the Washington basic health plan, the director of the department of services for the blind, the director of the state system of community and technical colleges, the director of community, trade, and economic development, the secretary of corrections, the director of ecology, the commissioner of employment security, the chairman of the energy facility site evaluation council, the director of the energy office, the secretary of the state finance committee, the director of financial management, the director of fish and wildlife, the executive secretary of the forest practices appeals board, the director of the gambling commission, the director of general administration, the secretary of health, the administrator of the Washington state health care authority, the executive secretary of the health care facilities authority, the executive secretary of the higher education facilities authority, the executive secretary of the horse racing commission, the executive secretary of the human rights commission, the executive director of the independent regulatory review commission, the executive secretary of the indeterminate sentence review board, the director of the department of information services, the director of the interagency committee for outdoor recreation, the executive director of the state investment board, the director of labor and industries, the director of licensing, the director of the lottery commission, the director of the office of minority and women's business enterprises, the director of parks and recreation, the director of personnel, the executive director of the public disclosure commission, the director of retirement systems, the director of revenue, the secretary of social and health services, the chief of the Washington state patrol, the executive secretary of the board of tax appeals, ((the director of trade and economic development,)) the secretary of transportation, the secretary of the utilities and transportation commission, the director of veterans affairs, the president of each of the regional and state universities and the president of The Evergreen State College, each district and each campus president of each state community college;

(2) Each professional staff member of the office of the governor;

(3) Each professional staff member of the legislature; and

(4) Central Washington University board of trustees, board of trustees of each community college, each member of the state board for community and technical colleges, state convention and trade center board of directors, committee for deferred compensation, Eastern Washington University board of trustees, Washington economic development finance authority, The Evergreen State College board of trustees, forest practices appeals board, forest practices board, gambling commission, Washington health care facilities authority, each member of the Washington health services commission, higher education coordinating board, higher education facilities authority, horse racing commission, state housing finance commission, human rights commission, independent regulatory review commission, indeterminate sentence review board, board of industrial insurance appeals, information services board, interagency committee for outdoor recreation, state investment board, liquor control board, lottery commission, marine oversight board, ((oil and gas conservation committee,)) Pacific Northwest electric power and conservation planning council, parks and recreation commission, personnel appeals board, board of pilotage commissioners, pollution control hearings board, public disclosure commission, public pension commission, shorelines hearing board, public employees' benefits board, board of tax appeals, transportation commission, University of Washington board of regents, utilities and transportation commission, Washington state maritime commission, Washington personnel resources board, Washington public power supply system executive board, Washington State University board of regents, Western Washington University board of trustees, and fish and wildlife commission.

NEW SECTION. Sec. 22. The following acts or parts of acts are each repealed:

(1) RCW 34.05.610 and 1988 c 288 s 601, 1983 c 53 s 1, & 1981 c 324 s 5;

(2) RCW 34.05.620 and 1994 c 249 s 17, 1988 c 288 s 602, 1987 c 451 s 1, & 1981 c 324 s 6;

(3) RCW 34.05.630 and 1993 c 249 s 18, 1993 c 277 s 1, 1988 c 288 s 603, 1987 c 451 s 2, & 1981 c 324 s 7;

(4) RCW 34.05.640 and 1994 c 249 s 19, 1993 c 277 s 2, 1988 c 288 s 604, 1987 c 451 s 3, & 1981 c 324 s 8;

(5) RCW 34.05.650 and 1988 c 288 s 605, 1987 c 451 s 4, & 1981 c 324 s 9; and

(6) RCW 34.05.660 and 1988 c 288 s 606 & 1981 c 324 s 10.

NEW SECTION. Sec. 23. Sections 1 through 13 of this act are added to chapter 34.05 RCW.

NEW SECTION. Sec. 24. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1995, in the omnibus appropriations act, this act is null and void."

Debate ensued.

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Sheldon, Ann Anderson, Hale, Loveland, Gaspard, Haugen, Wojahn, Snyder, Winsley, Quigley and Rinehart to Senate Bill No. 6037.

The motion by Senator Sheldon carried and the striking amendment was adopted.

MOTIONS

On motion of Senator Sheldon, the following title amendment was adopted:

On page 1, line 2 of the title, after "commission;" strike the remainder of the title and insert "amending RCW 34.05.010, 34.05.310, 34.05.320, 34.05.335, 34.05.350, 34.05.370, and 34.05.380; reenacting and amending RCW 42.17.2401; adding new sections to chapter 34.05 RCW; creating a new section; and repealing RCW 34.05.610, 34.05.620, 34.05.630, 34.05.640, 34.05.650, and 34.05.660."

On motion of Senator Sheldon, the rules were suspended, Engrossed Senate Bill No. 6037 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

POINT OF INQUIRY

Senator Deccio: "Senator Sheldon, I sponsored a bill which would make it illegal for any department to exceed federal law. It was signed by twenty-eight members. I think I could have got most of the rest of them if I had had time. I think you indicated or maybe Senator Haugen indicated that this was going to be included in any bill that came out of Government Operations. Is that language in this bill?"

Senator Sheldon: "Senator Deccio, that language is not in this bill, but the regulatory reform bill, the main bill, has not been before this body as yet, but will before this session is over."

Senator Deccio: "Then you will include the language in the main bill?"

Senator Sheldon: "We certainly will consider your language--"

Senator Deccio: "That isn't the question that I asked you, Senator."

Senator Sheldon: "That is another bill, Senator, and in the regulatory reform bill there is strong language about the federal mandates that I think you will find to your liking."

Senator Deccio: "Well, I hope I like it better than this one. Thank you."

Senator Sheldon: "I do too, Senator."

Further debate ensued.

MOTION

On motion of Senator Johnson, Senator Moyer was excused.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6037.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6037 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 11; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Kohl, Long, Loveland, McAuliffe, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Winsley, Wojahn and Wood - 37.

Voting nay: Senators Deccio, Hochstatter, Johnson, McCaslin, McDonald, Morton, Newhouse, Roach, Schow, Sellar and West - 11.

Excused: Senator Moyer - 1.

ENGROSSED SENATE BILL NO. 6037, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5555, by Senators C. Anderson, Long, Kohl, A. Anderson, Fairley, Sheldon, Prentice and Moyer

Modifying taxation of massage services.

The bill was read the second time.

MOTIONS

On motion of Senator Rinehart, the following amendment by Senators Rinehart and West was adopted:

On page 5, after line 25, insert the following:

"Sec. 3. RCW 82.04.290 and 1993 sp.s. c 25 s 203 are each amended to read as follows:

(1) Upon every person engaging within this state in the business of providing selected business services other than or in addition to those enumerated in RCW 82.04.250 or 82.04.270; as to such persons the amount of tax on account of such activities shall be equal to the gross income of the business multiplied by the rate of 2.5 percent.

(2) Upon every person engaging within this state in banking, loan, security, investment management, investment advisory, or other financial businesses; as to such persons, the amount of the tax with respect to such business shall be equal to the gross income of the business, multiplied by the rate of 1.70 percent.

(3) Upon every person engaging within this state in the business of providing massage services; as to such persons, the amount of the tax with respect to such business shall be equal to the gross income of the business, multiplied by the rate of 0.471 percent.

(4) Upon every person engaging within this state in any business activity other than or in addition to those enumerated in RCW 82.04.230, 82.04.240, 82.04.250, 82.04.255, 82.04.260, 82.04.270, and 82.04.280, and subsections (1) ((and (2))) through (3) of this section; as to such persons the amount of tax on account of such activities shall be equal to the gross income of the business multiplied by the rate of 2.0 percent. This section includes, among others, and without limiting the scope hereof (whether or not title to materials used in the performance of such business passes to another by accession, confusion or other than by outright sale), persons engaged in the business of rendering any type of service which does not constitute a "sale at retail" or a "sale at wholesale." The value of advertising, demonstration, and promotional supplies and materials furnished to an agent by his principal or supplier to be used for informational, educational and promotional purposes shall not be considered a part of the agent's remuneration or commission and shall not be subject to taxation under this section.

Sec. 4. RCW 82.04.2201 and 1994 sp.s. c 10 s 1 are each amended to read as follows:

There is levied and shall be collected for the period July 1, 1993, through June 30, 1997, from every person for the act or privilege of engaging in business activities, as a part of the tax imposed under RCW 82.04.220 through 82.04.280 and 82.04.290(((3)))(4), except RCW 82.04.250(1) and 82.04.260(15), an additional tax equal to 4.5 percent multiplied by the tax payable under those sections.

To facilitate collection of these additional taxes, the department of revenue is authorized to adjust the basic rates of persons to which this section applies in such manner as to reflect the amount to the nearest one-thousandth of one percent of the additional tax hereby imposed, adjusting ten-thousandths equal to or greater than five ten-thousandths to the greater thousandth."

Renumber the sections consecutively and correct any internal references accordingly

On motion of Senator Rinehart, the following title amendment was adopted:

On page 1, line 2 of the title, after "82.04.050" insert ", 82.04.290, and 82.04.2201"

MOTION

On motion of Senator Rinehart, the rules were suspended, Engrossed Senate Bill No. 5555 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5555.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5555 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.

Excused: Senator Moyer - 1.

ENGROSSED SENATE BILL NO. 5555, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5064, by Senators Owen, Drew and Oke

Revising the regional fisheries enhancement program.

MOTIONS

On motion of Senator Owen, Second Substitute Senate Bill No. 5064 was substituted for Senate Bill No. 5064 and the second substitute bill was placed on second reading and read the second time.

Senator Owen moved that the following amendments by Senators Owen and Spanel be considered simultaneously and be adopted:

On page 3, line 10, strike "provide or approve" and insert "identify"

On page 3, line 19, after "department" insert "prior to implementation"

On page 3, line 26, after "purposes of" strike all material through "project. In" on line 27, and insert "defraying the ((expenses)) costs of ((the cooperative)) projects and((. In"

On page 3, line 29, strike "projects" and insert "group projects and cooperative group projects"

POINT OF INQUIRY

Senator Ann Anderson: "Senator Owen, again this bill went through a lot of discussion in committee and I am just wondering on the last amendment on page 3, line 29, where we strike the word 'projects' and insert 'group projects and cooperative group projects,' what kind of projects now are we precluding by this amendment?"

Senator Owen: "We are not precluding. Actually, if you had read the language that was in there before we fixed it, it just said 'cooperative groups.' What we had intended was that they would be able to use the money for regional enhancement groups and cooperative groups, because there are two programs in the department right now--the cooperative enhancement program which is a volunteer program we established a couple of years ago funded primarily through aquatic lands enhancement accounts and then the regional enhancement groups and we are making it clear that these funds are to be used for those projects for both groups--not just cooperative groups."

The President declared the question before the Senate to be the adoption of the amendments by Senators Owen and Spanel on page 3, lines 10, 19, 26, and 29, to Second Substitute Senate Bill No. 5064.

The motion by Senator Owen carried and the amendments were adopted.

MOTION

On motion of Senator Owen, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5064 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Subsitute Senate Bill No. 5064.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5064 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, A., Anderson, C., Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Swecker, West, Winsley, Wojahn and Wood - 46.

Voting nay: Senators Bauer and Sutherland - 2.

Excused: Senator Moyer - 1.

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5064, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

There being no objection, the Senate resumed consideration of Senate Bill No. 5940 and the pending amendment by Senators Palmer, Schow, Long, Swecker, Johnson and Strannigan on page 3, after line 34, deferred earlier today.

RULING BY THE PRESIDENT

President Pritchard: "In ruling upon the point of order raised by Senator Snyder, the President finds that Senate Bill No. 5940 is a measure which identifies who owes the use tax, and who is exempt therefrom, on certain property distributed to, or displaced by, persons within this state.

"The amendment by Senators Palmer, Schow, Long, Swecker, Johnson and Strannigan on page 3, after line 34, would exempt from the sales tax, a corollary of the use tax, similar property distributed or displayed within this state.

"The President, therefore, finds that the proposed amendment does not change the scope and object of the bill and the point of order is not well taken."

The amendment by Senators Palmer, Schow, Long, Swecker, Johnson and Strannigan on page 3, after line 34, to Senate Bill No. 5940 was ruled in order.

MOTION

On motion of Senator Snyder, further consideration of Senate Bill No. 5940 was deferred.

*EDITOR'S NOTE: See colloquy at the end of the day regarding the deferral of Senate Bill No. 5940.

MOTIONS

On motion of Senator Spanel, the Senate advanced to the seventh order of business.

On motion of Senator Spanel, the Senate resumed consideration of Substitute Senate Bill No. 5000, deferred on third reading March 11, 1995, after the motion by Senator Snyder for reconsideration of the bill was adopted.

THIRD READING

SUBSTITUTE SENATE BILL NO. 5000, by Committee on Ways and Means (originally sponsored by Senators Loveland, Snyder, Wojahn, Sheldon, Gaspard Franklin, Haugen, Rasmussen, Quigley, Owen, McAuliffe, Winsley, McCaslin, Drew, Morton, Prentice, Bauer, Spanel, Hale and Deccio)

Reducing property taxes.

MOTION

On motion of Senator Loveland, the rules were suspended, Substitute Senate Bill No. 5000 was returned to second reading and read the second time.

MOTION

Senator Loveland moved that the following amendment by Senators Loveland, Franklin, Snyder, Haugen, C. Anderson, Sheldon, Rasmussen, Rinehart, Gaspard, Kohl, Prentice, Bauer, Quigley, Fairley, McAuliffe, Owen, Wojahn, Fraser, Pelz and Hargrove be adopted:

On page 9, beginning on line 10, strike section 7 and insert the following:

"NEW SECTION. Sec. 7. This act shall be submitted to the people for their adoption and ratification, or rejection, at the next succeeding general election to be held in this state, in accordance with Article II, section 1 of the state Constitution, as amended, and the laws adopted to facilitate the operation thereof."

PARLIAMENTARY INQUIRY

Senator Newhouse: "A point of parliamentary inquiry, Mr. President. It appears that this amendment, I would assume, would require a simple majority vote, but it is attached to a bill and would in effect refer that bill to the people and would amend an initiative, which would require, would it not, two-thirds vote?"

REPLY BY THE PRESIDENT

President Pritchard: "We are going to have a conversation. We have never ruled on this very point before."

Senator Newhouse: "It is a very ticklish point--I understand--and I wanted to make--"

REMARKS BY SENATOR WEST

Senator West: "Mr. President, I am not sure the point is timely, because the body hasn't adopted the amendment yet or hasn't considered the amendment yet."

REPLY BY THE PRESIDENT

President Pritchard: "The President believes it would be helpful for the members to know how the ruling would be when they are voting on the measure. Any more comments that want to be made?"

FURTHER REMARKS BY SENATOR NEWHOUSE

Senator Newhouse: "Yes, it appears to me that this might well be a momentous occasion, because there is a possibility here of something happening that has never happened before in this state that the will of the people, by initiative, is challenged within two years by a simple majority vote and that would appear to me to be inappropriate."

REMARKS BY SENATOR LOVELAND

Senator Loveland: "I am waiting for my professional remarks, but basically the issue before us is that there was an initiative and we now have an addendum to that initiative and under the article and sections--I am going to read the professional here. We are not amending Initiative 601; we are offering the people of this state an opportunity to determine whether they want to enact a change to the measure. It is not logical to say that the people of this state cannot vote on a measure because they voted on it once before and our Constitution does not require a super majority of this body to permit them to do so. The Attorney General, in 1976, considered this question and in the Attorney General's Opinion No. 5, the reasoning in that opinion is still compelling today.

"Article II, Section 41 of our Constitution referring to whether an initiative can be amended says, 'But such an enactment may be amended or repealed at any regular or special election by direct vote of the people thereon. These provisions supersede the provisions of subsection (c) of section 1 of this article.' This is a clear statement that we may refer Substitute Senate Bill No. 5000 directly to the people of this state without a two-thirds vote requirement, because of subsection (c). The provision which requires a two-thirds vote to amend an initiative--the Attorney General's opinion was that a referendum measure would be permitted on a prior enacted initiative without a two-thirds vote and that remains good law today."

FURTHER REMARKS BY SENATOR WEST

Senator West: "Thank you, Mr. President. An Attorney General's Opinion is just that; it is an Attorney General's Opinion. Until it has been adjudicated by the courts, it is not law. It may influence the arguments of law, but it is not law. A referendum is a confirmation of legislative action. The action of the Legislature would be to amend Initiative 601 and then the Legislature would then be asking, by referendum, for the people to confirm the action of the Legislature. That is what a referendum is, so I would argue that in order to even send this out to referendum, the Legislature would have to amend 601, and then by act of referendum ask the people whether or not what they did was the proper action. The Constitution prohibits, within two years, the Legislature from amending an initiative with less than a two-thirds vote. Mr. President, no ruling officer of the Legislature has ever said that it takes less than two-thirds of a vote to amend an initiative. This would be very precedent setting and I think that I would ask that you rule that this is an amendment to an initiative and that this does require the two-thirds vote."

REPLY BY THE PRESIDENT

President Pritchard: "The President agrees with Senator Newhouse; this is a momentous decision and we are going to set this down and we are going to have a little talk. Did you want to say something, Senator Pelz?"

REMARKS BY SENATOR PELZ

Senator Pelz: "I would just like to say I agree with the first part that I think this would have to be adjudicated and I think there are some very complex issues here. I am not sure that a ruling of the President should interfere, frankly, with the forward progress of this issue. I would remind the body that Initiative 601 will be two years old at the date when the electorate would be ruling on this referendum. I think that would give some additional weight to the validity of Senator Loveland's proposal and would further eradicate Senator West's logic."

REMARKS BY SENATOR NEWHOUSE

Senator Newhouse: "It has been precedent in this body and ruled by previous Presidents that the time the vote is taken is critical in such ways. On the other hand, we are not only amending an initiative, we are bypassing the Governor by this referendum vote and would be a rather unique way to do it and should not base our judgement on the 'off the cuff' or 'by the way' statement of an Assistant Attorney General some twenty years ago. That has no legal standing, because it has not been adjudicated."

REMARKS BY SENATOR SNYDER

Senator Snyder: "Thank you, Mr. President. Senator West says that this has never been adjudicated and needs to be. I think the best way we can do that is go ahead and pass this measure with the referendum on it and if someone wants to challenge it and put it in court and in that way, it would be settled. I think his argument has some holes in it, because we certainly, if we want to ever--for the future-- settle this issue, regardless of how the President of the Senate rules, we want to get into court. I think that Senator West would be wise in joining the rest of us and voting for this amendment and for this measure and then we will get it settled by the courts once and for all."

REPLY BY THE PRESIDENT

President Pritchard: "We'll set it down. Senator Wojahn would you come up?"

REMARKS BY SENATOR WOJAHN

Senator Wojahn: "I just wanted to remind this body that there is a referendum coming over from the House on health care that would repeal the Health Care Bill of two years ago that will bypass the Governor anyway and you are saying that this will bypass the Governor and so would that referendum."

REMARKS BY SENATOR HAUGEN

Senator Haugen: "Thank you, Mr. President. I also would like to remind the body that if my reading of 601 was correct, it did call for the vote of the people on the change in the taxes. I think this amendment is in keeping with that initiative.

REMARKS BY SENATOR McCASLIN

Senator McCaslin: "Thank you, Mr. President. If Aristotle was here today, he would let the President decide this issue."

REPLY BY THE PRESIDENT

President Pritchard: "He isn't here."

There being no objection, the President deferred further consideration of Substitute Senate Bill No. 5000.

President Pro Tempore Wojahn assumed the Chair.

SECOND READING

SENATE BILL NO. 5857, by Senators Morton, Pelz, Heavey, McCaslin, Fraser, Moyer, Hochstatter, Deccio, Palmer and Schow

Revising the procedure for identifying subcontractors for specified public works contracts.

The bill was read the second time.

MOTION

On motion of Senator Haugen, the rules were suspended, Senate Bill No. 5857 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5857.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5857 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 49.

SENATE BILL NO. 5857, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5758, by Senators Pelz, Hargrove and Long

Removing statutory restrictions on class II inmate work programs.

The bill was read the second time.

MOTION

On motion of Senator Pelz, the rules were suspended, Senate Bill No. 5758 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5758.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5758 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 49.

SENATE BILL NO. 5758, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5820, by Senators Sutherland, Finkbeiner, Snyder, Smith and Quigley

Penalizing theft of telecommunication and cable services.

MOTIONS

On motion of Senator Sutherland, Substitute Senate Bill No. 5820 was substituted for Senate Bill No. 5820 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Smith, the following amendment by Senators Smith and Sutherland was adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 9A.56.010 and 1987 c 140 s 1 are each amended to read as follows:

The following definitions are applicable in this chapter unless the context otherwise requires:

(1) "Appropriate lost or misdelivered property or services" means obtaining or exerting control over the property or services of another which the actor knows to have been lost or mislaid, or to have been delivered under a mistake as to identity of the recipient or as to the nature or amount of the property;

(2) "By color or aid of deception" means that the deception operated to bring about the obtaining of the property or services; it is not necessary that deception be the sole means of obtaining the property or services;

(3) "Access device" means any card, plate, code, account number, or other means of account access that can be used alone or in conjunction with another access device to obtain money, goods, services, or anything else of value, or that can be used to initiate a transfer of funds, other than a transfer originated solely by paper instrument;

(4) "Deception" occurs when an actor knowingly:

(a) Creates or confirms another's false impression which the actor knows to be false; or

(b) Fails to correct another's impression which the actor previously has created or confirmed; or

(d) Transfers or encumbers property without disclosing a lien, adverse claim, or other legal impediment to the enjoyment of the property, whether that impediment is or is not valid, or is or is not a matter of official record; or

(e) Promises performance which the actor does not intend to perform or knows will not be performed.

(5) "Deprive" in addition to its common meaning means to make unauthorized use or an unauthorized copy of records, information, data, trade secrets, or computer programs;

(6) "Obtain control over" in addition to its common meaning, means:

(a) In relation to property, to bring about a transfer or purported transfer to the obtainer or another of a legally recognized interest in the property; or

(b) In relation to labor or service, to secure performance thereof for the benefits of the obtainer or another;

(7) "Wrongfully obtains" or "exerts unauthorized control" means:

(a) To take the property or services of another;

(b) Having any property or services in one's possession, custody or control as bailee, factor, pledgee, servant, attorney, agent, employee, trustee, executor, administrator, guardian, or officer of any person, estate, association, or corporation, or as a public officer, or person authorized by agreement or competent authority to take or hold such possession, custody, or control, to secrete, withhold, or appropriate the same to his or her own use or to the use of any person other than the true owner or person entitled thereto; or

(c) Having any property or services in one's possession, custody, or control as partner, to secrete, withhold, or appropriate the same to his or her use or to the use of any person other than the true owner or person entitled thereto, where such use is unauthorized by the partnership agreement;

(8) "Owner" means a person, other than the actor, who has possession of or any other interest in the property or services involved, and without whose consent the actor has no authority to exert control over the property or services;

(9) "Receive" includes, but is not limited to, acquiring title, possession, control, or a security interest, or any other interest in the property;

(10) "Services" includes, but is not limited to, labor, professional services, transportation services, electronic computer services, the supplying of hotel accommodations, restaurant services, entertainment, the supplying of equipment for use, and the supplying of commodities of a public utility nature such as gas, electricity, steam, and water;

(11) "Stolen" means obtained by theft, robbery, or extortion;

(12) "Subscription television service" means cable or encrypted video and related audio and data services intended for viewing on a home television by authorized members of the public only, who have agreed to pay a fee for the service. Subscription services include but are not limited to those video services presently delivered by coaxial cable, fiber optic cable, terrestrial microwave, television broadcast, and satellite transmission;

(13) "Telecommunication device" means (a) any type of instrument, device, machine, or equipment that is capable of transmitting or receiving telephonic or electronic communications; or (b) any part of such an instrument, device, machine, or equipment, or any computer circuit, computer chip, electronic mechanism, or other component, that is capable of facilitating the transmission or reception of telephonic or electronic communications;

(14) "Telecommunication service" includes any service other than subscription television service provided for a charge or compensation to facilitate the transmission, transfer, or reception of a telephonic communication or an electronic communication;

(15) Value. (a) "Value" means the market value of the property or services at the time and in the approximate area of the criminal act.

(b) Whether or not they have been issued or delivered, written instruments, except those having a readily ascertained market value, shall be evaluated as follows:

(i) The value of an instrument constituting an evidence of debt, such as a check, draft, or promissory note, shall be deemed the amount due or collectible thereon or thereby, that figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied;

(ii) The value of a ticket or equivalent instrument which evidences a right to receive transportation, entertainment, or other service shall be deemed the price stated thereon, if any; and if no price is stated thereon, the value shall be deemed the price of such ticket or equivalent instrument which the issuer charged the general public;

(iii) The value of any other instrument that creates, releases, discharges, or otherwise affects any valuable legal right, privilege, or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.

(c) Whenever any series of transactions which constitute theft, would, when considered separately, constitute theft in the third degree because of value, and said series of transactions are a part of a common scheme or plan, then the transactions may be aggregated in one count and the sum of the value of all said transactions shall be the value considered in determining the degree of theft involved.

(d) Whenever any person is charged with possessing stolen property and such person has unlawfully in his possession at the same time the stolen property of more than one person, then the stolen property possessed may be aggregated in one count and the sum of the value of all said stolen property shall be the value considered in determining the degree of theft involved.

(e) Property or services having value that cannot be ascertained pursuant to the standards set forth above shall be deemed to be of a value not exceeding two hundred and fifty dollars;

(((13))) (16) "Shopping cart" means a basket mounted on wheels or similar container generally used in a retail establishment by a customer for the purpose of transporting goods of any kind;

(((14))) (17) "Parking area" means a parking lot or other property provided by retailers for use by a customer for parking an automobile or other vehicle.

Sec. 2. RCW 9A.56.220 and 1989 c 11 s 1 are each amended to read as follows:

(1) A person is guilty of theft of ((cable)) subscription television services if((:

(a))), with intent to avoid payment of the lawful charge ((for any communication)) of a subscription television service ((of a cable system)), he or she:

(((i) Tampers with the equipment of the cable system, whether by mechanical, electrical, acoustical, or other means; or

(ii) Knowingly misrepresents a material fact; or

(iii) Uses any other artifice, trick, deception, code, or other device; and

(b) He or she wrongfully obtains cable communication services for himself or herself or another.

(2) RCW 9A.56.220 through 9A.56.250 do not apply to the interception or receipt by any individual or the assisting (including the manufacture or sale), of such interception or receipt of any satellite-transmitted programming for private use.))

(a) Obtains or attempts to obtain subscription television service from a subscription television service company by trick, artifice, deception, use of a device or decoder, or other fraudulent means without authority from the company providing the service;

(b) Assists or instructs a person in obtaining or attempting to obtain subscription television service without authority of the company providing the service;

(c) Makes or maintains a connection or connections, whether physical, electrical, mechanical, acoustical, or by other means, with cables, wires, components, or other devices used for the distribution of subscription television services without authority from the company providing the services;

(d) Makes or maintains a modification or alteration to a device installed with the authorization of a subscription television service company for the purpose of interception or receiving a program or other service carried by the company that the person is not authorized by the company to receive; or

(e) Possesses without authority a device designed in whole or in part to receive subscription television services offered for sale by the subscription television service company, regardless of whether the program or services are encoded, filtered, scrambled, or otherwise made unintelligible, or to perform or facilitate the performance of any other acts set out in (a) through (d) of this subsection for the reception of subscription television services without authority.

(((3))) (2) Theft of ((cable)) subscription television services is a gross misdemeanor.

Sec. 3. RCW 9A.56.230 and 1985 c 430 s 2 are each amended to read as follows:

(1) A person is guilty of unlawful sale of ((cable)) subscription television services if, with intent to avoid payment or to facilitate the avoidance of payment of the lawful charge for any ((communications service of a cable system)) subscription television service, he or she ((offers for sale or otherwise makes available any telecommunications decoder or descrambler that defeats a mechanism of electronic signal encryption, or that restricts delivery of individually addressed switching imposed by the cable system.)), without authorization from the subscription television service company:

(a) Publishes or advertises for sale a plan for a device that is designed in whole or in part to receive subscription television or services offered for sale by the subscription television service company, regardless of whether the programming or services are encoded, filtered, scrambled, or otherwise made unintelligible;

(b) Advertises for sale or lease a device or kit for a device designed in whole or in part to receive subscription television services offered for sale by the subscription television service company, regardless of whether the programming or services are encoded, filtered, scrambled, or otherwise made unintelligible; or

(c) Manufactures, imports into the state of Washington, distributes, sells, leases, or offers for sale or lease a device, plan, or kit for a device designed in whole or in part to receive subscription television services offered for sale by the subscription television service company, regardless of whether the programming or services are encoded, filtered, scrambled, or otherwise made unintelligible.

(2) Unlawful sale of ((cable)) subscription television services is a ((gross misdemeanor)) class C felony.

Sec. 4. RCW 9A.56.250 and 1985 c 430 s 4 are each amended to read as follows:

(1) In addition to the criminal penalties provided in RCW 9A.56.220 and 9A.56.230, there is created a civil cause of action for theft of ((cable)) subscription television services and for unlawful sale of ((cable)) subscription television services.

(2) ((The prevailing party may recover actual damages, reasonable attorneys' fees, and costs.

(3))) A person who sustains injury to his or her person, business, or property by an act described in RCW 9A.56.220 or 9A.56.230 may file an action in superior court for recovery of damages and the costs of the suit, including reasonable investigative and attorneys' fees and costs.

(3) Upon finding a violation of RCW 9A.56.220 or 9A.56.230, in addition to the remedies described in this section, the court may impose a civil penalty not exceeding twenty-five thousand dollars.

(4) The superior court may grant temporary and final injunctions on such terms as it deems reasonable to prevent or restrain violations of RCW 9A.56.220 and 9A.56.230.

Sec. 5. RCW 9A.82.010 and 1994 c 218 s 17 are each amended to read as follows:

Unless the context requires the contrary, the definitions in this section apply throughout this chapter.

(1) "Creditor" means a person making an extension of credit or a person claiming by, under, or through a person making an extension of credit.

(2) "Debtor" means a person to whom an extension of credit is made or a person who guarantees the repayment of an extension of credit or in any manner undertakes to indemnify the creditor against loss resulting from the failure of a person to whom an extension is made to repay the same.

(3) "Extortionate extension of credit" means an extension of credit with respect to which it is the understanding of the creditor and the debtor at the time the extension is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person.

(4) "Extortionate means" means the use, or an express or implicit threat of use, of violence or other criminal means to cause harm to the person, reputation, or property of any person.

(5) "To collect an extension of credit" means to induce in any way a person to make repayment thereof.

(6) "To extend credit" means to make or renew a loan or to enter into an agreement, tacit or express, whereby the repayment or satisfaction of a debt or claim, whether acknowledged or disputed, valid or invalid, and however arising, may or shall be deferred.

(7) "Repayment of an extension of credit" means the repayment, satisfaction, or discharge in whole or in part of a debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit.

(8) "Dealer in property" means a person who buys and sells property as a business.

(9) "Stolen property" means property that has been obtained by theft, robbery, or extortion.

(10) "Traffic" means to sell, transfer, distribute, dispense, or otherwise dispose of stolen property to another person, or to buy, receive, possess, or obtain control of stolen property, with intent to sell, transfer, distribute, dispense, or otherwise dispose of the property to another person.

(11) "Control" means the possession of a sufficient interest to permit substantial direction over the affairs of an enterprise.

(12) "Enterprise" includes any individual, sole proprietorship, partnership, corporation, business trust, or other profit or nonprofit legal entity, and includes any union, association, or group of individuals associated in fact although not a legal entity, and both illicit and licit enterprises and governmental and nongovernmental entities.

(13) "Financial institution" means any bank, trust company, savings and loan association, savings bank, mutual savings bank, credit union, or loan company under the jurisdiction of the state or an agency of the United States.

(14) "Criminal profiteering" means any act, including any anticipatory or completed offense, committed for financial gain, that is chargeable or indictable under the laws of the state in which the act occurred and, if the act occurred in a state other than this state, would be chargeable or indictable under the laws of this state had the act occurred in this state and punishable as a felony and by imprisonment for more than one year, regardless of whether the act is charged or indicted, as any of the following:

(a) Murder, as defined in RCW 9A.32.030 and 9A.32.050;

(b) Robbery, as defined in RCW 9A.56.200 and 9A.56.210;

(d) Forgery, as defined in RCW 9A.60.020 and 9A.60.030;

(e) Theft, as defined in RCW 9A.56.030, 9A.56.040, 9A.56.060, and 9A.56.080;

(f) Unlawful sale of subscription television services, as defined in RCW 9A.56.230;

(g) Theft of telecommunication services or unlawful manufacture of a telecommunication device, as defined in sections 6 and 7 of this act;

(h) Child selling or child buying, as defined in RCW 9A.64.030;

(((g))) (i) Bribery, as defined in RCW 9A.68.010, 9A.68.020, 9A.68.040, and 9A.68.050;

(((h))) (j) Gambling, as defined in RCW 9.46.220 and 9.46.215 and 9.46.217;

(((i))) (k) Extortion, as defined in RCW 9A.56.120 and 9A.56.130;

(((j))) (l) Extortionate extension of credit, as defined in RCW 9A.82.020;

(((k))) (m) Advancing money for use in an extortionate extension of credit, as defined in RCW 9A.82.030;

(((l))) (n) Collection of an extortionate extension of credit, as defined in RCW 9A.82.040;

(((m))) (o) Collection of an unlawful debt, as defined in RCW 9A.82.045;

(((n))) (p) Delivery or manufacture of controlled substances or possession with intent to deliver or manufacture controlled substances under chapter 69.50 RCW;

(((o))) (q) Trafficking in stolen property, as defined in RCW 9A.82.050;

(((p))) (r) Leading organized crime, as defined in RCW 9A.82.060;

(((q))) (s) Money laundering, as defined in RCW 9A.83.020;

(((r))) (t) Obstructing criminal investigations or prosecutions in violation of RCW 9A.72.090, 9A.72.100, 9A.72.110, 9A.72.120, 9A.72.130, 9A.76.070, or 9A.76.180;

(((s))) (u) Fraud in the purchase or sale of securities, as defined in RCW 21.20.010;

(((t))) (v) Promoting pornography, as defined in RCW 9.68.140;

(((u))) (w) Sexual exploitation of children, as defined in RCW 9.68A.040, 9.68A.050, and 9.68A.060;

(((v))) (x) Promoting prostitution, as defined in RCW 9A.88.070 and 9A.88.080;

(((w))) (y) Arson, as defined in RCW 9A.48.020 and 9A.48.030;

(((x))) (z) Assault, as defined in RCW 9A.36.011 and 9A.36.021;

(((y))) (aa) Assault of a child, as defined in RCW 9A.36.120 and 9A.36.130;

(((z))) (bb) A pattern of equity skimming, as defined in RCW 61.34.020; or

(((aa))) (cc) Commercial telephone solicitation in violation of RCW 19.158.040(1).

(15) "Pattern of criminal profiteering activity" means engaging in at least three acts of criminal profiteering, one of which occurred after July 1, 1985, and the last of which occurred within five years, excluding any period of imprisonment, after the commission of the earliest act of criminal profiteering. In order to constitute a pattern, the three acts must have the same or similar intent, results, accomplices, principals, victims, or methods of commission, or be otherwise interrelated by distinguishing characteristics including a nexus to the same enterprise, and must not be isolated events. However, in any civil proceedings brought pursuant to RCW 9A.82.100 by any person other than the attorney general or county prosecuting attorney in which one or more acts of fraud in the purchase or sale of securities are asserted as acts of criminal profiteering activity, it is a condition to civil liability under RCW 9A.82.100 that the defendant has been convicted in a criminal proceeding of fraud in the purchase or sale of securities under RCW 21.20.400 or under the laws of another state or of the United States requiring the same elements of proof, but such conviction need not relate to any act or acts asserted as acts of criminal profiteering activity in such civil action under RCW 9A.82.100.

(16) "Records" means any book, paper, writing, record, computer program, or other material.

(17) "Documentary material" means any book, paper, document, writing, drawing, graph, chart, photograph, phonograph record, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into usable form, or other tangible item.

(18) "Unlawful debt" means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in the state in full or in part because the debt was incurred or contracted:

(a) In violation of any one of the following:

(i) Chapter 67.16 RCW relating to horse racing;

(ii) Chapter 9.46 RCW relating to gambling;

(b) In a gambling activity in violation of federal law; or

(c) In connection with the business of lending money or a thing of value at a rate that is at least twice the permitted rate under the applicable state or federal law relating to usury.

(19)(a) "Beneficial interest" means:

(i) The interest of a person as a beneficiary under a trust established under Title 11 RCW in which the trustee for the trust holds legal or record title to real property;

(ii) The interest of a person as a beneficiary under any other trust arrangement under which a trustee holds legal or record title to real property for the benefit of the beneficiary; or

(iii) The interest of a person under any other form of express fiduciary arrangement under which one person holds legal or record title to real property for the benefit of the other person.

(b) "Beneficial interest" does not include the interest of a stockholder in a corporation or the interest of a partner in a general partnership or limited partnership.

(20) "Real property" means any real property or interest in real property, including but not limited to a land sale contract, lease, or mortgage of real property.

(21)(a) "Trustee" means:

(i) A person acting as a trustee under a trust established under Title 11 RCW in which the trustee holds legal or record title to real property;

(ii) A person who holds legal or record title to real property in which another person has a beneficial interest; or

(iii) A successor trustee to a person who is a trustee under subsection (21)(a) (i) or (ii) of this section.

(b) "Trustee" does not mean a person appointed or acting as:

(i) A personal representative under Title 11 RCW;

(ii) A trustee of any testamentary trust;

(iii) A trustee of any indenture of trust under which a bond is issued; or

(iv) A trustee under a deed of trust.

NEW SECTION. Sec. 6. A new section is added to chapter 9A.56 RCW to read as follows:

(1) A person is guilty of theft of telecommunication services if he or she knowingly and with intent to avoid payment:

(a) Uses a telecommunication device to obtain telecommunication services without having entered into a prior agreement with a telecommunication service provider to pay for the telecommunication services; or

(b) Possesses a telecommunication device.

(2) Theft of telecommunication services is a class C felony.

NEW SECTION. Sec. 7. A new section is added to chapter 9A.56 RCW to read as follows:

(1) A person is guilty of unlawful manufacture of a telecommunication device if he or she knowingly and with intent to avoid payment or to facilitate avoidance of payment:

(a) Manufactures, produces, or assembles a telecommunication device;

(b) Modifies, alters, programs, or reprograms a telecommunication device to be capable of acquiring or of facilitating the acquisition of telecommunication service without the consent of the telecommunication service provider; or

(c) Writes, creates, or modifies a computer program that he or she knows is thereby capable of being used to manufacture a telecommunication device.

(2) Unlawful manufacture of a telecommunication device is a class C felony.

NEW SECTION. Sec. 8. A new section is added to chapter 9A.56 RCW to read as follows:

(1) A person is guilty of unlawful sale of a telecommunication device if he or she sells, leases, exchanges, or offers to sell, lease, or exchange:

(a) A telecommunication device, knowing that the purchaser, lessee, or recipient, or a third person, intends to use the device to avoid payment or to facilitate avoidance of payment for telecommunication services; or

(b) Any material, including data, computer software, or other information and equipment, knowing that the purchaser, lessee, or recipient, or a third person, intends to use the material to avoid payment or to facilitate avoidance of payment for telecommunication services.

(2) Unlawful sale of a telecommunication device is a class C felony.

NEW SECTION. Sec. 9. A new section is added to chapter 9A.56 RCW to read as follows:

(1) In addition to the criminal penalties provided in sections 6 through 8 of this act, there is created a civil cause of action for theft of telecommunication services, for unlawful manufacture of a telecommunication device, and for unlawful sale of a telecommunication device.

(2) A person who sustains injury to his or her person, business, or property by an act described in section 6, 7, or 8 of this act may file an action in superior court for recovery of damages and the costs of the suit, including reasonable investigative and attorneys' fees and costs.

(3) Upon finding a violation of section 6, 7, or 8 of this act, in addition to the remedies described in this section, the court may impose a civil penalty not exceeding twenty-five thousand dollars.

(4) The superior court may grant temporary and final injunctions on such terms as it deems reasonable to prevent or restrain violations of sections 6 through 8 of this act."

MOTIONS

On motion of Senator Sutherland, the following title amendment was adopted:

On page 1, line 2 of the title, after "services;" strike the remainder of the title and insert "amending RCW 9A.56.010, 9A.56.220, 9A.56.230, 9A.56.250, and 9A.82.010; adding new sections to chapter 9A.56 RCW; and prescribing penalties."

On motion of Senator Sutherland, the rules were suspended, Engrossed Substitute Senate Bill No. 5820 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5820.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5820 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 49.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5820, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5574, by Senators Hargrove, A. Anderson, Snyder, McDonald, Owen, Long, Rasmussen, Swecker, Heavey, Morton, Deccio, Johnson, Loveland, Hale, Sutherland, Strannigan, Palmer, Moyer, Hochstatter, West, Drew, Haugen, Quigley, Bauer and Roach

Concerning the return of state forest board transfer land.

MOTIONS

On motion of Senator Drew, Second Substitute Senate Bill No. 5574 was substituted for Senate Bill No. 5574 and the second substitute bill was placed on second reading and read the second time.

Senator Fraser moved that the following amendment by Senators Fraser, Franklin, Fairley and Spanel be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that in the early 1900's and up through the 1930's, counties took possession of a number of forest land parcels as a result of tax delinquencies. In many cases, the timber had already been harvested from these lands prior to the forfeiture of the property to the counties. Since that time, the department of natural resources has reforested and managed these lands in conjunction with the state trust lands. Given changes in forest practices, recent fluctuation in income from the forest board lands, and interest by some counties in having management responsibilities transferred to them, the legislature directs that the legislative budget committee conduct a study of the statutory mandates governing state forest lands, federal statutes that impact state management of such lands, and the desirability of transferring such responsibilities to counties, including an analysis of the ability of counties to assume such responsibilities.

NEW SECTION. Sec. 2. The study under section 1 of this act shall include the following subjects:

(1) The role of the forest board land in the state's sustained yield calculations and the effect of removing all or part of those lands on income, yield, and management policies;

(2) Board of natural resources policies for management of forest board lands and analysis of costs to such management, including reforestation;

(3) The long- and short-term implications of separating the forest board lands from the total lands managed by the department, including costs to state and county governments, and probable revenue impacts to state programs, including firefighting and to junior taxing districts;

(4) The effects of transfer on public access, recreation, and the management of other public and private lands;

(5) A comparison of forest management procedures and costs between Grays Harbor county and similar forest board and similar state trust lands;

(6) Potential changes in state and county employees due to changes in management;

(7) Examine the best possible methods and procedures to transfer the forest board lands to the counties.

NEW SECTION. Sec. 3. The findings of the study, along with recommendations to the legislature, shall be submitted to the appropriate standing committees of the legislature by December 1, 1995.

NEW SECTION. Sec. 4. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1995, in the omnibus appropriations act, this act shall be null and void."

Debate ensued.

President Pritchard assumed the Chair.

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Fraser, Franklin, Fairley and Spanel to Second Substitute Senate Bill No. 5574.

The motion by Senator Fraser failed and the striking amendment was not adopted.

MOTION

On motion of Senator Drew, the rules were suspended, Second Substitute Senate Bill No. 5574 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5574.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5574 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 4; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

Voting nay: Senators Anderson, C., Fairley, Fraser and Kohl - 4.

SECOND SUBSTITUTE SENATE BILL NO. 5574, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5000 and the pending amendment by Senators Loveland, Franklin, Snyder, Haugen, C. Anderson, Sheldon, Rasmussen, Rinehart, Gaspard, Kohl, Prentice, Bauer, Quigley, Fairley, McAuliffe, Owen, Wojahn, Fraser, Pelz and Hargrove on page 9, beginning on line 10, as well as the parliamentary inquiry regarding the number of votes needed to pass Substitute Senate Bill No. 5000, deferred earlier today.

RULING BY THE PRESIDENT

President Pritchard: "The President has reviewed the constitutional provision cited and finds that the weight of the argument favors the position that final passage of Substitute Senate Bill No. 5000, if a referendum clause is added, would take a majority vote of the Senate."

The President declared the question before the Senate to be the adoption of the amendment by Senators Loveland, Franklin, Snyder, Haugen, C. Anderson, Sheldon, Rasmussen, Rinehart, Gaspard, Kohl, Prentice, Bauer, Quigley, Fairley, McAuliffe, Owen, Wojahn, Fraser, Pelz and Hargrove on page 9, beginning on line 10, to Substitute Senate Bill No. 5000.

Debate ensued.

The motion by Senator Loveland carried and the amendment was adopted.

MOTION

Senator Winsley moved that the following amendment by Senators Winsley, Finkbeiner and West be adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 84.52.065 and 1991 sp.s. c 31 s 16 are each amended to read as follows:

Subject to the limitations in RCW 84.55.010, in each year the state shall levy for collection in the following year for the support of common schools of the state a tax of three dollars ((and sixty cents)) per thousand dollars of assessed value upon the assessed valuation of all taxable property within the state adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue.

As used in this section, "the support of common schools" includes the payment of the principal and interest on bonds issued for capital construction projects for the common schools.

Sec. 2. RCW 84.52.043 and 1993 c 337 s 3 are each amended to read as follows:

Within and subject to the limitations imposed by RCW 84.52.050 as amended, the regular ad valorem tax levies upon real and personal property by the taxing districts hereafter named shall be as follows:

(1) Levies of the senior taxing districts shall be as follows: (a) The levy by the state shall not exceed three dollars ((and sixty cents)) per thousand dollars of assessed value adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue to be used exclusively for the support of the common schools; (b) the levy by any county shall not exceed one dollar and eighty cents per thousand dollars of assessed value; (c) the levy by any road district shall not exceed two dollars and twenty-five cents per thousand dollars of assessed value; and (d) the levy by any city or town shall not exceed three dollars and thirty-seven and one-half cents per thousand dollars of assessed value. However any county is hereby authorized to increase its levy from one dollar and eighty cents to a rate not to exceed two dollars and forty-seven and one-half cents per thousand dollars of assessed value for general county purposes if the total levies for both the county and any road district within the county do not exceed four dollars and five cents per thousand dollars of assessed value, and no other taxing district has its levy reduced as a result of the increased county levy.

(2) The aggregate levies of junior taxing districts and senior taxing districts, other than the state, shall not exceed five dollars and ninety cents per thousand dollars of assessed valuation. The term "junior taxing districts" includes all taxing districts other than the state, counties, road districts, cities, towns, port districts, and public utility districts. The limitations provided in this subsection shall not apply to: (a) Levies at the rates provided by existing law by or for any port or public utility district; (b) excess property tax levies authorized in Article VII, section 2 of the state Constitution; (c) levies for acquiring conservation futures as authorized under RCW 84.34.230; (d) levies for emergency medical care or emergency medical services imposed under RCW 84.52.069; and (e) levies to finance affordable housing for very low-income housing imposed under RCW 84.52.105.

Sec. 3. RCW 84.52.065 and 1995 c . . . s 1 (section 1 of this act) are each amended to read as follows:

Subject to the limitations in RCW 84.55.010, in each year the state shall levy for collection in the following year for the support of common schools of the state a tax of ((three)) two dollars and forty cents per thousand dollars of assessed value upon the assessed valuation of all taxable property within the state adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue.

As used in this section, "the support of common schools" includes the payment of the principal and interest on bonds issued for capital construction projects for the common schools.

Sec. 4. RCW 84.52.043 and 1995 c . . . s 2 (section 2 of this act) are each amended to read as follows:

(1) Levies of the senior taxing districts shall be as follows: (a) The levy by the state shall not exceed ((three)) two dollars and forty cents per thousand dollars of assessed value adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue to be used exclusively for the support of the common schools; (b) the levy by any county shall not exceed one dollar and eighty cents per thousand dollars of assessed value; (c) the levy by any road district shall not exceed two dollars and twenty-five cents per thousand dollars of assessed value; and (d) the levy by any city or town shall not exceed three dollars and thirty-seven and one-half cents per thousand dollars of assessed value. However any county is hereby authorized to increase its levy from one dollar and eighty cents to a rate not to exceed two dollars and forty-seven and one-half cents per thousand dollars of assessed value for general county purposes if the total levies for both the county and any road district within the county do not exceed four dollars and five cents per thousand dollars of assessed value, and no other taxing district has its levy reduced as a result of the increased county levy.

Sec. 5. RCW 84.52.065 and 1995 c . . . s 3 (section 3 of this act) are each amended to read as follows:

Subject to the limitations in RCW 84.55.010, in each year the state shall levy for collection in the following year for the support of common schools of the state a tax of ((two)) one dollar((s)) and ((forty)) eighty cents per thousand dollars of assessed value upon the assessed valuation of all taxable property within the state adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue.

As used in this section, "the support of common schools" includes the payment of the principal and interest on bonds issued for capital construction projects for the common schools.

Sec. 6. RCW 84.52.043 and 1995 c . . . s 4 (section 4 of this act) are each amended to read as follows:

(1) Levies of the senior taxing districts shall be as follows: (a) The levy by the state shall not exceed ((two)) one dollar((s)) and ((forty)) eighty cents per thousand dollars of assessed value adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue to be used exclusively for the support of the common schools; (b) the levy by any county shall not exceed one dollar and eighty cents per thousand dollars of assessed value; (c) the levy by any road district shall not exceed two dollars and twenty-five cents per thousand dollars of assessed value; and (d) the levy by any city or town shall not exceed three dollars and thirty-seven and one-half cents per thousand dollars of assessed value. However any county is hereby authorized to increase its levy from one dollar and eighty cents to a rate not to exceed two dollars and forty-seven and one-half cents per thousand dollars of assessed value for general county purposes if the total levies for both the county and any road district within the county do not exceed four dollars and five cents per thousand dollars of assessed value, and no other taxing district has its levy reduced as a result of the increased county levy.

Sec. 7. RCW 84.52.065 and 1995 c . . . s 5 (section 5 of this act) are each amended to read as follows:

Subject to the limitations in RCW 84.55.010, in each year the state shall levy for collection in the following year for the support of common schools of the state a tax of one dollar and ((eighty)) twenty cents per thousand dollars of assessed value upon the assessed valuation of all taxable property within the state adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue.

As used in this section, "the support of common schools" includes the payment of the principal and interest on bonds issued for capital construction projects for the common schools.

Sec. 8. RCW 84.52.043 and 1995 c . . . s 6 (section 6 of this act) are each amended to read as follows:

(1) Levies of the senior taxing districts shall be as follows: (a) The levy by the state shall not exceed one dollar and ((eighty)) twenty cents per thousand dollars of assessed value adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue to be used exclusively for the support of the common schools; (b) the levy by any county shall not exceed one dollar and eighty cents per thousand dollars of assessed value; (c) the levy by any road district shall not exceed two dollars and twenty-five cents per thousand dollars of assessed value; and (d) the levy by any city or town shall not exceed three dollars and thirty-seven and one-half cents per thousand dollars of assessed value. However any county is hereby authorized to increase its levy from one dollar and eighty cents to a rate not to exceed two dollars and forty-seven and one-half cents per thousand dollars of assessed value for general county purposes if the total levies for both the county and any road district within the county do not exceed four dollars and five cents per thousand dollars of assessed value, and no other taxing district has its levy reduced as a result of the increased county levy.

Sec. 9. RCW 84.52.065 and 1995 c . . . s 7 (section 7 of this act) are each amended to read as follows:

Subject to the limitations in RCW 84.55.010, in each year the state shall levy for collection in the following year for the support of common schools of the state a tax of ((one dollar and twenty)) sixty cents per thousand dollars of assessed value upon the assessed valuation of all taxable property within the state adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue.

As used in this section, "the support of common schools" includes the payment of the principal and interest on bonds issued for capital construction projects for the common schools.

Sec. 10. RCW 84.52.043 and 1995 c . . . s 8 (section 8 of this act) are each amended to read as follows:

(1) Levies of the senior taxing districts shall be as follows: (a) The levy by the state shall not exceed ((one dollar and twenty)) sixty cents per thousand dollars of assessed value adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue to be used exclusively for the support of the common schools; (b) the levy by any county shall not exceed one dollar and eighty cents per thousand dollars of assessed value; (c) the levy by any road district shall not exceed two dollars and twenty-five cents per thousand dollars of assessed value; and (d) the levy by any city or town shall not exceed three dollars and thirty-seven and one-half cents per thousand dollars of assessed value. However any county is hereby authorized to increase its levy from one dollar and eighty cents to a rate not to exceed two dollars and forty-seven and one-half cents per thousand dollars of assessed value for general county purposes if the total levies for both the county and any road district within the county do not exceed four dollars and five cents per thousand dollars of assessed value, and no other taxing district has its levy reduced as a result of the increased county levy.

NEW SECTION. Sec. 11. RCW 84.52.065 and 1995 c . . . s 9 (section 9 of this act), 1995 c . . . s 7 (section 7 of this act), 1995 c . . . s 5 (section 5 of this act), 1995 c . . . s 3 (section 3 of this act), 1995 c . . . s 1 (section 1 of this act), 1991 sp.s. c 31 s 16, 1979 ex.s. c 218 s 1, 1973 1st ex.s. c 195 s 106, 1971 ex.s. c 299 s 25, 1969 ex.s. c 216 s 2, & 1967 ex.s. c 133 s 1 are each repealed.

Sec. 12. RCW 84.52.043 and 1995 c . . . s 10 (section 10 of this act) are each amended to read as follows:

(1) Levies of the senior taxing districts shall be as follows: (a) ((The levy by the state shall not exceed sixty cents per thousand dollars of assessed value adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue to be used exclusively for the support of the common schools; (b))) The levy by any county shall not exceed one dollar and eighty cents per thousand dollars of assessed value; (((c))) (b) the levy by any road district shall not exceed two dollars and twenty-five cents per thousand dollars of assessed value; and (((d))) (c) the levy by any city or town shall not exceed three dollars and thirty-seven and one-half cents per thousand dollars of assessed value. However any county is hereby authorized to increase its levy from one dollar and eighty cents to a rate not to exceed two dollars and forty-seven and one-half cents per thousand dollars of assessed value for general county purposes if the total levies for both the county and any road district within the county do not exceed four dollars and five cents per thousand dollars of assessed value, and no other taxing district has its levy reduced as a result of the increased county levy.

Sec. 13. RCW 76.12.120 and 1988 c 128 s 32 and 1988 c 70 s 1 are each reenacted and amended to read as follows:

All land, acquired or designated by the department as state forest land, shall be forever reserved from sale, but the timber and other products thereon may be sold or the land may be leased in the same manner and for the same purposes as is authorized for state granted land if the department finds such sale or lease to be in the best interests of the state and approves the terms and conditions thereof.

Except as provided in RCW 79.12.035, all money derived from the sale of timber or other products, or from lease, or from any other source from the land, except where the Constitution of this state or RCW 76.12.030 requires other disposition, shall be disposed of as follows:

(1) Fifty percent shall be placed in the forest development account.

(2) Fifty percent shall be prorated and distributed to the state general fund, to be dedicated for the benefit of the public schools, and the county in which the land is located according to the relative proportions of tax levies of all taxing districts in the county. The portion to be distributed to the state general fund shall be based on ((the regular school levy rate under RCW 84.52.065 as now or hereafter amended and)) the levy rate for any maintenance and operation special school levies. The money distributed to the county shall be paid, distributed, and prorated to the various other funds in the same manner as general taxes are paid and distributed during the year of payment.

NEW SECTION. Sec. 14. (1) Sections 1 and 2 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995.

(2) Sections 3 and 4 of this act shall take effect January 1, 1997.

(3) Sections 5 and 6 of this act shall take effect January 1, 1998.

(4) Sections 7 and 8 of this act shall take effect January 1, 1999.

(5) Sections 9 and 10 of this act shall take effect January 1, 2000.

(6) Sections 11 through 13 of this act shall take effect January 1, 2001.

NEW SECTION. Sec. 15. (1) Sections 1 and 2 of this act apply to taxes payable in 1996 and thereafter.

(2) Sections 3 and 4 of this act apply to taxes payable in 1997 and thereafter.

(3) Sections 5 and 6 of this act apply to taxes payable in 1998 and thereafter.

(4) Sections 7 and 8 of this act apply to taxes payable in 1999 and thereafter.

(5) Sections 9 and 10 of this act apply to taxes payable in 2000 and thereafter.

(6) Sections 11 through 13 of this act apply to taxes payable in 2001 and thereafter.

NEW SECTION. Sec. 16. This act shall be submitted to the people for their adoption and ratification, or rejection, at the next succeeding general election to be held in this state, in accordance with Article II, section 1 of the state Constitution, as amended, and the laws adopted to facilitate the operation thereof."

Debate ensued.

Senator West demanded a roll call and the demand was sustained.

The President declared the question before the Senate to be the roll call on the adoption of the striking amendment by Senators Winsley, Finkbeiner and West to Substitute Senate Bill No. 5000.

ROLL CALL

The Secretary called the roll and the striking amendment was not adopted by the following vote: Yeas, 24; Nays, 25; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West, Winsley and Wood - 24.

Voting nay: Senators Anderson, C., Bauer, Drew, Fairley, Franklin, Fraser, Gaspard, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland and Wojahn - 25.

MOTIONS

On motion of Senator Loveland, the following title amendment was adopted:

On page 1, beginning on line 4, strike the remainder of the title and insert "and providing for submission of this act to a vote of the people."

On motion of Senator Loveland, the rules were suspended, Engrossed Substitute Senate Bill No. 5000 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5000, under suspension of the rules.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5000, under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 27; Nays, 22; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, C., Bauer, Drew, Fairley, Franklin, Fraser, Gaspard, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, Morton, Owen, Palmer, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Winsley and Wojahn - 27.

Voting nay: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hochstatter, Johnson, Long, McCaslin, McDonald, Moyer, Newhouse, Oke, Pelz, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West and Wood - 22.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5000, under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5525, by Senators Heavey, Johnson, C. Anderson and Smith

Providing for setting salaries of municipal court judges in cities over four hundred thousand.

The bill was read the second time.

MOTION

On motion of Senator Heavey, the rules were suspended, Senate Bill No. 5525 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

POINT OF INQUIRY

Senator Deccio: "Senator Heavey, in Yakima County, the only place we have municipal courts are in the smaller cities. If a request was made to the Legislature next year, as Senator Haugen indicated it might happen, what would the salary be based on this bill?"

Senator Heavey: "I don't know, because each city--most smaller cities--it is only a part-time job, so they wouldn't be coming in as a full-time job. It is a part-time job; they only meet one or two days a week, so I don't know the answer to the question."

Senator Deccio: "But we have one municipal court judge who is full-time. I think that--you know, what is the salary level--what would the salaries go to for municipal court judges if this bill passes?"

Senator Heavey: "I've been told that, right now, they make about eighty thousand dollars a year and I believe district court judges make ninety-two thousand, but I don't know. That is what I think."

Senator Deccio: "Thank you."

MOTIONS

On motion of Senator Fraser, Senator Prentice was excused.

On motion of Senator Cal Anderson, Senator Smith was excused.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5525.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5525 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 19; Absent, 0; Excused, 2.

Voting yea: Senators Anderson, A., Anderson, C., Deccio, Drew, Fairley, Finkbeiner, Fraser, Gaspard, Hale, Hargrove, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, Moyer, Owen, Palmer, Rasmussen, Roach, Schow, Sheldon, Spanel, Sutherland, Swecker, Wojahn and Wood - 28.

Voting nay: Senators Bauer, Cantu, Franklin, Haugen, Hochstatter, McCaslin, McDonald, Morton, Newhouse, Oke, Pelz, Prince, Quigley, Rinehart, Sellar, Snyder, Strannigan, West and Winsley - 19.

Excused: Senators Prentice and Smith - 2.

SENATE BILL NO. 5525, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6029, by Senator Pelz

Revising exemptions from overtime compensation requirements.

MOTIONS

On motion of Senator Pelz, Substitute Senate Bill No. 6029 was substituted for Senate Bill No. 6029 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Pelz, the following amendment by Senators Pelz, Deccio and Newhouse was adopted:

On page 1, beginning on line 13, after "RCW 49.46.010(5)" strike all material through "49.46.010(5)(c)" on line 17 and insert ". The payment of compensation or provision of compensatory time off in addition to a salary shall not be a factor in determining whether a person is exempted under RCW 49.46.010(5)(c)"

MOTION

On motion of Senator Pelz, the following amendment by Senators Pelz, Deccio and Newhouse was adopted:

On page 3, line 32, after "Sec. 2." insert "This act is intended to clarify the original intent of RCW 49.46.010(5)(c)."

On motion of Senator Pelz, the rules were suspended, Engrossed Substitute Senate Bill No. 6029 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6029.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6029 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.

Absent: Senator Franklin - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6029, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5998, by Senators Sheldon, Owen, Oke, Fraser, Hochstatter and Palmer

Authorizing local government waivers from specific requirements of on-site sewage system rules adopted by the board of health.

The bill was read the second time.

MOTION

Senator Sheldon moved that the following amendments be considered simultaneously and be adopted:

On page 1, line 7, after "may" strike ", with concurrence from the department,"

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

"Based on review of the quarterly reports, if the department finds that the waivers previously granted have not been consistent with the standards in, and intent of, the state board of health rules, the department shall provide technical assistance to the local health officer to correct the inconsistency, and may notify the local and state boards of health of the department's concerns.

If upon further review of the quarterly reports, the department finds that the inconsistency between the waivers granted and the state board of health standards has not been corrected, the department may suspend the authority of the local health officer to grant waivers under this section."

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senator Sheldon on page 1, line 7, and page 2, after line 2, to Senate Bill No. 5998.

The motion by Senator Sheldon carried and the amendments were adopted.

MOTION

On motion of Senator Fraser, the rules were suspended, Engrossed Senate Bill No. 5998 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 roll call on the final passage of Engrossed Senate Bill No. 5998.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5998 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 49.

ENGROSSED SENATE BILL NO. 5998, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5106, by Senators Morton, Owen, Drew, Sellar, Hochstatter, Fraser, Newhouse, Prince, Haugen and Oke

Providing for grizzly bear management.

MOTIONS

On motion of Senator Drew, Substitute Senate Bill No. 5106 was substituted for Senate Bill No. 5106 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Drew, the rules were suspended, Substitute Senate Bill No. 5106 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 roll call on the final passage of Substitute Senate Bill No. 5106.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5106 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 5; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Swecker, West, Winsley and Wood - 44.

Voting nay: Senators Franklin, Pelz, Rinehart, Sutherland and Wojahn - 5.

SUBSTITUTE SENATE BILL NO. 5106, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5879, by Senator Winsley

Authorizing regulation of vegetation height on residential lots along shorelines.

The bill was read the second time.

MOTION

On motion of Senator Winsley, the rules were suspended, Senate Bill No. 5879 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5879.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5879 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 21; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, C., Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Haugen, Heavey, Kohl, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Owen, Palmer, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Spanel, Swecker, Winsley, Wojahn and Wood - 28.

Voting nay: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Hale, Hargrove, Hochstatter, Johnson, Long, Newhouse, Oke, Prince, Roach, Schow, Sellar, Smith, Snyder, Strannigan, Sutherland and West - 21.

SENATE BILL NO. 5879, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

POINT OF INQUIRY

Senator Gaspard: "Senator Snyder, did you defer further consideration of Senate Bill No. 5940, because current law provides the authority to collect the use tax for advertising materials printed outside the state of Washington which are delivered to customers in the state?"

Senator Snyder: "Yes, it is now my understanding that current law does authorize the state to impose the use tax on such advertising materials. The bill only sought to confirm that existing authority."

MOTION

At 5:07 p.m., on motion of Senator Spanel, the Senate adjourned until 12:00 noon, Thursday, March 16, 1995.

JOEL PRITCHARD, President of the Senate

MARTY BROWN, Secretary of the Senate