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ONE HUNDRED-FOURTH DAY
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MORNING SESSION
Senate Chamber, Olympia, Saturday, April 26, 1997
The Senate was called to order at 9:00 a.m. by Vice President Pro Tempore Morton. The Secretary called the roll and announced to the Vice President Pro Tempore that all Senators were present except Senators McCaslin, Rossi, Snyder and Strannigan. On motion of Senator Hale, Senator McCaslin was excused. On motion of Senator Franklin, Senator Snyder was excused.
The Sergeant at Arms Color Guard, consisting of Patrick Schoonover and Emily Cangie, presented the Colors. Reverend Wayne Lobaugh, pastor of the Cross Roads Four Square Church of Chehalis, and a guest of Senator Dan Swecker, offered the prayer.
MOTION
On motion of Senator Johnson, the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGES FROM THE HOUSE
April 25, 1997
MR. PRESIDENT:
The House has adopted HOUSE CONCURRENT RESOLUTION NO. 4413, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 25, 1997
MR. PRESIDENT:
The Speaker has signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1057,
` SUBSTITUTE HOUSE BILL NO. 1433,
SUBSTITUTE HOUSE BILL NO. 1935, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 25, 1997
MR. PRESIDENT:
The Speaker has signed:
SUBSTITUTE SENATE BILL NO. 5149,
SENATE BILL NO. 5229,
SUBSTITUTE SENATE BILL NO. 5462,
SUBSTITUTE SENATE BILL NO. 5511, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 25, 1997
MR. PRESIDENT:
The House dissolved the Conference Committee, receded from its amendment(s) to SENATE BILL NO. 5484 and passed the bill without the House amendment(s), and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 25, 1997
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on HOUSE BILL No. 1581 and has passed the bill as recommended by the Conference Committee.
TIMOTHY A. MARTIN, Chief Clerk
April 25, 1997
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on HOUSE BILL NO. 1054 and has passed the bill as recommended by the Conference Committee.
TIMOTHY A. MARTIN, Chief Clerk
April 25, 1997
MR. PRESIDENT:
The House receded from its amendment(s) to ENGROSSED SENATE BILL NO. 5354 and passed the bill without the House amendment(s), and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 25, 1997
MR. PRESIDENT:
The House receded from its amendment(s) to SUBSTITUTE SENATE BILL NO. 5781 and passed the bill without the House amendment(s), and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1057,
SUBSTITUTE HOUSE BILL NO. 1433,
SUBSTITUTE HOUSE BILL NO. 1935.
SIGNED BY THE PRESIDENT’
The President signed:
ENGROSSED SENATE BILL NO. 5354,
SENATE BILL NO. 5484,
SUBSTITUTE SENATE BILL NO. 5781.
President Owen assumed the Chair.
MESSAGE FROM THE HOUSE
April 21, 1997
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1303 and asks the Senate to recede therefrom.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Finkbeiner, the Senate insists on its position regarding the Senate amendment(s) to Engrossed Second Substitute House Bill No. 1303 and asks the House to concur therein.
REPORT OF CONFERENCE COMMITTEE
E3SHB 3900 April 25, 1997
Included “New Items”: YES
An act relating to offenders
MR. PRESIDENT:
MR. SPEAKER:
We of your Conference Committee, to whom was referred ENGROSSED THIRD SUBSTITUTE HOUSE BILL NO. 3900, Juvenile code revisions J.S., have had the same under consideration and we recommend that:
All previous amendments not be adopted, and the following striking amendment be adopted:
Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 5.60.060 and 1996 c 156 s 1 are each amended to read as follows: (1) A husband shall not be examined for or against his wife, without the consent of the wife, nor a wife for or against her husband without the consent of the husband; nor can either during marriage or afterward, be without the consent of the other, examined as to any communication made by one to the other during marriage. But this exception shall not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other, nor to a criminal action or proceeding against a spouse if the marriage occurred subsequent to the filing of formal charges against the defendant, nor to a criminal action or proceeding for a crime committed by said husband or wife against any child of whom said husband or wife is the parent or guardian, nor to a proceeding under chapter 70.96A or 71.05 RCW: PROVIDED, That the spouse of a person sought to be detained under chapter 70.96A or 71.05 RCW may not be compelled to testify and shall be so informed by the court prior to being called as a witness. (2)(a) An attorney or counselor shall not, without the consent of his or her client, be examined as to any communication made by the client to him or her, or his or her advice given thereon in the course of professional employment. (b) A parent or guardian of a minor child arrested on a criminal charge may not be examined as to a communication between the child and his or her attorney if the communication was made in the presence of the parent or guardian. This privilege does not extend to communications made prior to the arrest. (3) A member of the clergy or a priest shall not, without the consent of a person making the confession, be examined as to any confession made to him or her in his or her professional character, in the course of discipline enjoined by the church to which he or she belongs. (4) Subject to the limitations under RCW 70.96A.140 or 71.05.250, a physician or surgeon or osteopathic physician or surgeon shall not, without the consent of his or her patient, be examined in a civil action as to any information acquired in attending such patient, which was necessary to enable him or her to prescribe or act for the patient, except as follows: (a) In any judicial proceedings regarding a child's injury, neglect, or sexual abuse or the cause thereof; and (b) Ninety days after filing an action for personal injuries or wrongful death, the claimant shall be deemed to waive the physician-patient privilege. Waiver of the physician-patient privilege for any one physician or condition constitutes a waiver of the privilege as to all physicians or conditions, subject to such limitations as a court may impose pursuant to court rules. (5) A public officer shall not be examined as a witness as to communications made to him or her in official confidence, when the public interest would suffer by the disclosure. (6)(a) A peer support group counselor shall not, without consent of the law enforcement officer making the communication, be compelled to testify about any communication made to the counselor by the officer while receiving counseling. The counselor must be designated as such by the sheriff, police chief, or chief of the Washington state patrol, prior to the incident that results in counseling. The privilege only applies when the communication was made to the counselor while acting in his or her capacity as a peer support group counselor. The privilege does not apply if the counselor was an initial responding officer, a witness, or a party to the incident which prompted the delivery of peer support group counseling services to the law enforcement officer. (b) For purposes of this section, "peer support group counselor" means a: (i) Law enforcement officer, or civilian employee of a law enforcement agency, who has received training to provide emotional and moral support and counseling to an officer who needs those services as a result of an incident in which the officer was involved while acting in his or her official capacity; or (ii) Nonemployee counselor who has been designated by the sheriff, police chief, or chief of the Washington state patrol to provide emotional and moral support and counseling to an officer who needs those services as a result of an incident in which the officer was involved while acting in his or her official capacity. (7) A sexual assault advocate may not, without the consent of the victim, be examined as to any communication made by the victim to the sexual assault advocate. (a) For purposes of this section, "sexual assault advocate" means the employee or volunteer from a rape crisis center, victim assistance unit, program, or association, that provides information, medical or legal advocacy, counseling, or support to victims of sexual assault, who is designated by the victim to accompany the victim to the hospital or other health care facility and to proceedings concerning the alleged assault, including police and prosecution interviews and court proceedings. (b) A sexual assault advocate may disclose a confidential communication without the consent of the victim if failure to disclose is likely to result in a clear, imminent risk of serious physical injury or death of the victim or another person. Any sexual assault advocate participating in good faith in the disclosing of records and communications under this section shall have immunity from any liability, civil, criminal, or otherwise, that might result from the action. In any proceeding, civil or criminal, arising out of a disclosure under this section, the good faith of the sexual assault advocate who disclosed the confidential communication shall be presumed. Sec. 2. RCW 9.94A.030 and 1996 c 289 s 1 and 1996 c 275 s 5 are each reenacted and amended to read as follows: Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department of corrections, means that the department is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account. (2) "Commission" means the sentencing guidelines commission. (3) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions. (4) "Community custody" means that portion of an inmate's sentence of confinement in lieu of earned early release time or imposed pursuant to RCW 9.94A.120 (6), (8), or (10) served in the community subject to controls placed on the inmate's movement and activities by the department of corrections. (5) "Community placement" means that period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned early release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two. (6) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender. (7) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed by a court pursuant to this chapter or RCW 16.52.200(6) or 46.61.524. For first-time offenders, the supervision may include crime-related prohibitions and other conditions imposed pursuant to RCW 9.94A.120(5). For purposes of the interstate compact for out-of-state supervision of parolees and probationers, RCW 9.95.270, community supervision is the functional equivalent of probation and should be considered the same as probation by other states. (8) "Confinement" means total or partial confinement as defined in this section. (9) "Conviction" means an adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty. (10) "Court-ordered legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction. Upon conviction for vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial obligations may also include payment to a public agency of the expense of an emergency response to the incident resulting in the conviction, subject to the provisions in RCW 38.52.430. (11) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct. (12)(((a))) "Criminal history" means the list of a defendant's prior convictions and juvenile adjudications, whether in this state, in federal court, or elsewhere. The history shall include, where known, for each conviction (((i))) (a) whether the defendant has been placed on probation and the length and terms thereof; and (((ii))) (b) whether the defendant has been incarcerated and the length of incarceration. (((b) "Criminal history" shall always include juvenile convictions for sex offenses and serious violent offenses and shall also include a defendant's other prior convictions in juvenile court if: (i) The conviction was for an offense which is a felony or a serious traffic offense and is criminal history as defined in RCW 13.40.020(9); (ii) the defendant was fifteen years of age or older at the time the offense was committed; and (iii) with respect to prior juvenile class B and C felonies or serious traffic offenses, the defendant was less than twenty-three years of age at the time the offense for which he or she is being sentenced was committed.)) (13) "Day fine" means a fine imposed by the sentencing judge that equals the difference between the offender's net daily income and the reasonable obligations that the offender has for the support of the offender and any dependents. (14) "Day reporting" means a program of enhanced supervision designed to monitor the defendant's daily activities and compliance with sentence conditions, and in which the defendant is required to report daily to a specific location designated by the department or the sentencing judge. (15) "Department" means the department of corrections. (16) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community supervision, the number of actual hours or days of community service work, or dollars or terms of a legal financial obligation. The fact that an offender through "earned early release" can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence. (17) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of any amount required by law to be withheld. For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW. (18) "Drug offense" means: (a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403); (b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or (c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection. (19) "Escape" means: (a) Escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful failure to return from work release (RCW 72.65.070), or willful failure to be available for supervision by the department while in community custody (RCW 72.09.310); or (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection. (20) "Felony traffic offense" means: (a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), or felony hit-and-run injury-accident (RCW 46.52.020(4)); or (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection. (21) "Fines" means the requirement that the offender pay a specific sum of money over a specific period of time to the court. (22)(((a))) "First-time offender" means any person who is convicted of a felony (((i))) (a) not classified as a violent offense or a sex offense under this chapter, or (((ii))) (b) that is not the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance classified in schedule I or II that is a narcotic drug, nor the manufacture, delivery, or possession with intent to deliver methamphetamine, its salts, isomers, and salts of its isomers as defined in RCW 69.50.206(d)(2), nor the selling for profit of any controlled substance or counterfeit substance classified in schedule I, RCW 69.50.204, except leaves and flowering tops of marihuana, ((and except as provided in (b) of this subsection,)) who previously has never been convicted of a felony in this state, federal court, or another state, and who has never participated in a program of deferred prosecution for a felony offense. (((b) For purposes of (a) of this subsection, a juvenile adjudication for an offense committed before the age of fifteen years is not a previous felony conviction except for adjudications of sex offenses and serious violent offenses.)) (23) "Most serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies, as now existing or hereafter amended: (a) Any felony defined under any law as a class A felony or criminal solicitation of or criminal conspiracy to commit a class A felony; (b) Assault in the second degree; (c) Assault of a child in the second degree; (d) Child molestation in the second degree; (e) Controlled substance homicide; (f) Extortion in the first degree; (g) Incest when committed against a child under age fourteen; (h) Indecent liberties; (i) Kidnapping in the second degree; (j) Leading organized crime; (k) Manslaughter in the first degree; (l) Manslaughter in the second degree; (m) Promoting prostitution in the first degree; (n) Rape in the third degree; (o) Robbery in the second degree; (p) Sexual exploitation; (q) Vehicular assault; (r) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner; (s) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under this section; (t) Any other felony with a deadly weapon verdict under RCW 9.94A.125; (u) Any felony offense in effect at any time prior to December 2, 1993, that is comparable to a most serious offense under this subsection, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a most serious offense under this subsection. (24) "Nonviolent offense" means an offense which is not a violent offense. (25) "Offender" means a person who has committed a felony established by state law and is eighteen years of age or older or is less than eighteen years of age but whose case is under superior court jurisdiction under RCW 13.04.030 or has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110. Throughout this chapter, the terms "offender" and "defendant" are used interchangeably. (26) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention or work crew has been ordered by the court, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes work release, home detention, work crew, and a combination of work crew and home detention as defined in this section. (27) "Persistent offender" is an offender who: (a)(i) Has been convicted in this state of any felony considered a most serious offense; and (ii) Has, before the commission of the offense under (a) of this subsection, been convicted as an offender on at least two separate occasions, whether in this state or elsewhere, of felonies that under the laws of this state would be considered most serious offenses and would be included in the offender score under RCW 9.94A.360; provided that of the two or more previous convictions, at least one conviction must have occurred before the commission of any of the other most serious offenses for which the offender was previously convicted; or (b)(i) Has been convicted of (A) rape in the first degree, rape in the second degree, or indecent liberties by forcible compulsion; (B) murder in the first degree, murder in the second degree, kidnapping in the first degree, kidnapping in the second degree, assault in the first degree, assault in the second degree, or burglary in the first degree, with a finding of sexual motivation; or (C) an attempt to commit any crime listed in this subsection (27)(b)(i); and (ii) Has, before the commission of the offense under (b)(i) of this subsection, been convicted as an offender on at least one occasion, whether in this state or elsewhere, of an offense listed in (b)(i) of this subsection. (28) "Postrelease supervision" is that portion of an offender's community placement that is not community custody. (29) "Restitution" means the requirement that the offender pay a specific sum of money over a specific period of time to the court as payment of damages. The sum may include both public and private costs. The imposition of a restitution order does not preclude civil redress. (30) "Serious traffic offense" means: (a) Driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)); or (b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection. (31) "Serious violent offense" is a subcategory of violent offense and means: (a) Murder in the first degree, homicide by abuse, murder in the second degree, assault in the first degree, kidnapping in the first degree, or rape in the first degree, assault of a child in the first degree, or an attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious violent offense under (a) of this subsection. (32) "Sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence. (33) "Sex offense" means: (a) A felony that is a violation of chapter 9A.44 RCW or RCW 9A.64.020 or 9.68A.090 or a felony that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes; (b) A felony with a finding of sexual motivation under RCW 9.94A.127 or 13.40.135; or (c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection. (34) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification. (35) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW 72.64.050 and 72.64.060. (36) "Transition training" means written and verbal instructions and assistance provided by the department to the offender during the two weeks prior to the offender's successful completion of the work ethic camp program. The transition training shall include instructions in the offender's requirements and obligations during the offender's period of community custody. (37) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged. (38) "Violent offense" means: (a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, robbery in the second degree, drive-by shooting, vehicular assault, and vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner; (b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and (c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection. (39) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community of not less than thirty-five hours per week that complies with RCW 9.94A.135. The civic improvement tasks shall have minimal negative impact on existing private industries or the labor force in the county where the service or labor is performed. The civic improvement tasks shall not affect employment opportunities for people with developmental disabilities contracted through sheltered workshops as defined in RCW 82.04.385. Only those offenders sentenced to a facility operated or utilized under contract by a county or the state are eligible to participate on a work crew. Offenders sentenced for a sex offense as defined in subsection (33) of this section are not eligible for the work crew program. (40) "Work ethic camp" means an alternative incarceration program designed to reduce recidivism and lower the cost of corrections by requiring offenders to complete a comprehensive array of real-world job and vocational experiences, character-building work ethics training, life management skills development, substance abuse rehabilitation, counseling, literacy training, and basic adult education. (41) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school. Participation in work release shall be conditioned upon the offender attending work or school at regularly defined hours and abiding by the rules of the work release facility. (42) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance. Sec. 3. RCW 9.94A.040 and 1996 c 232 s 1 are each amended to read as follows: (1) A sentencing guidelines commission is established as an agency of state government. (2) The legislature finds that the commission, having accomplished its original statutory directive to implement this chapter, and having expertise in sentencing practice and policies, shall: (a) Evaluate state sentencing policy, to include whether the sentencing ranges and standards are consistent with and further: (i) The purposes of this chapter as defined in RCW 9.94A.010; and (ii) The intent of the legislature to emphasize confinement for the violent offender and alternatives to confinement for the nonviolent offender. The commission shall provide the governor and the legislature with its evaluation and recommendations under this subsection not later than December 1, 1996, and every two years thereafter; (b) Recommend to the legislature revisions or modifications to the standard sentence ranges, state sentencing policy, prosecuting standards, and other standards. If implementation of the revisions or modifications would result in exceeding the capacity of correctional facilities, then the commission shall accompany its recommendation with an additional list of standard sentence ranges which are consistent with correction capacity; (c) Study the existing criminal code and from time to time make recommendations to the legislature for modification; (d)(i) Serve as a clearinghouse and information center for the collection, preparation, analysis, and dissemination of information on state and local adult and juvenile sentencing practices; (ii) develop and maintain a computerized adult and juvenile sentencing information system by individual superior court judge consisting of offender, offense, history, and sentence information entered from judgment and sentence forms for all adult felons; and (iii) conduct ongoing research regarding adult and juvenile sentencing guidelines, use of total confinement and alternatives to total confinement, plea bargaining, and other matters relating to the improvement of the adult criminal justice system and the juvenile justice system; (e) Assume the powers and duties of the juvenile disposition standards commission after June 30, 1996; (f) Evaluate the effectiveness of existing disposition standards and related statutes in implementing policies set forth in RCW 13.40.010 generally, specifically review the guidelines relating to the confinement of minor and first offenders as well as the use of diversion, and review the application of current and proposed juvenile sentencing standards and guidelines for potential adverse impacts on the sentencing outcomes of racial and ethnic minority youth; (g) Solicit the comments and suggestions of the juvenile justice community concerning disposition standards, and make recommendations to the legislature regarding revisions or modifications of the standards ((in accordance with RCW 9.94A.045)). The evaluations shall be submitted to the legislature on December 1 of each odd-numbered year. The department of social and health services shall provide the commission with available data concerning the implementation of the disposition standards and related statutes and their effect on the performance of the department's responsibilities relating to juvenile offenders, and with recommendations for modification of the disposition standards. The office of the administrator for the courts shall provide the commission with available data on diversion and dispositions of juvenile offenders under chapter 13.40 RCW; and (h) Not later than December 1, 1997, and at least every two years thereafter, based on available information, report to the governor and the legislature on: (i) Racial disproportionality in juvenile and adult sentencing; (ii) The capacity of state and local juvenile and adult facilities and resources; and (iii) Recidivism information on adult and juvenile offenders. (3) Each of the commission's recommended standard sentence ranges shall include one or more of the following: Total confinement, partial confinement, community supervision, community service, and a fine. (4) The standard sentence ranges of total and partial confinement under this chapter are subject to the following limitations: (a) If the maximum term in the range is one year or less, the minimum term in the range shall be no less than one-third of the maximum term in the range, except that if the maximum term in the range is ninety days or less, the minimum term may be less than one-third of the maximum; (b) If the maximum term in the range is greater than one year, the minimum term in the range shall be no less than seventy-five percent of the maximum term in the range; and (c) The maximum term of confinement in a range may not exceed the statutory maximum for the crime as provided in RCW 9A.20.021. (5) The commission shall exercise its duties under this section in conformity with chapter 34.05 RCW. Sec. 4. RCW 9.94A.120 and 1996 c 275 s 2, 1996 c 215 s 5, 1996 c 199 s 1, and 1996 c 93 s 1 are each reenacted and amended to read as follows: When a person is convicted of a felony, the court shall impose punishment as provided in this section. (1) Except as authorized in subsections (2), (4), (5), (6), and (8) of this section, the court shall impose a sentence within the sentence range for the offense. (2) The court may impose a sentence outside the standard sentence range for that offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence. (3) Whenever a sentence outside the standard range is imposed, the court shall set forth the reasons for its decision in written findings of fact and conclusions of law. A sentence outside the standard range shall be a determinate sentence. (4) A persistent offender shall be sentenced to a term of total confinement for life without the possibility of parole or, when authorized by RCW 10.95.030 for the crime of aggravated murder in the first degree, sentenced to death, notwithstanding the maximum sentence under any other law. An offender convicted of the crime of murder in the first degree shall be sentenced to a term of total confinement not less than twenty years. An offender convicted of the crime of assault in the first degree or assault of a child in the first degree where the offender used force or means likely to result in death or intended to kill the victim shall be sentenced to a term of total confinement not less than five years. An offender convicted of the crime of rape in the first degree shall be sentenced to a term of total confinement not less than five years. The foregoing minimum terms of total confinement are mandatory and shall not be varied or modified as provided in subsection (2) of this section. In addition, all offenders subject to the provisions of this subsection shall not be eligible for community custody, earned early release time, furlough, home detention, partial confinement, work crew, work release, or any other form of early release as defined under RCW 9.94A.150 (1), (2), (3), (5), (7), or (8), or any other form of authorized leave of absence from the correctional facility while not in the direct custody of a corrections officer or officers during such minimum terms of total confinement except in the case of an offender in need of emergency medical treatment or for the purpose of commitment to an inpatient treatment facility in the case of an offender convicted of the crime of rape in the first degree. (5) In sentencing a first-time offender the court may waive the imposition of a sentence within the sentence range and impose a sentence which may include up to ninety days of confinement in a facility operated or utilized under contract by the county and a requirement that the offender refrain from committing new offenses. The sentence may also include up to two years of community supervision, which, in addition to crime-related prohibitions, may include requirements that the offender perform any one or more of the following: (a) Devote time to a specific employment or occupation; (b) Undergo available outpatient treatment for up to two years, or inpatient treatment not to exceed the standard range of confinement for that offense; (c) Pursue a prescribed, secular course of study or vocational training; (d) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment; (e) Report as directed to the court and a community corrections officer; or (f) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030 and/or perform community service work. (6)(a) An offender is eligible for the special drug offender sentencing alternative if: (i) The offender is convicted of the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance classified in Schedule I or II that is a narcotic drug or a felony that is, under chapter 9A.28 RCW or RCW 69.50.407, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes, and the violation does not involve a sentence enhancement under RCW 9.94A.310 (3) or (4); (ii) The offender has no prior convictions for a felony in this state, another state, or the United States; and (iii) The offense involved only a small quantity of the particular controlled substance as determined by the judge upon consideration of such factors as the weight, purity, packaging, sale price, and street value of the controlled substance. (b) If the midpoint of the standard range is greater than one year and the sentencing judge determines that the offender is eligible for this option and that the offender and the community will benefit from the use of the special drug offender sentencing alternative, the judge may waive imposition of a sentence within the standard range and impose a sentence that must include a period of total confinement in a state facility for one-half of the midpoint of the standard range. During incarceration in the state facility, offenders sentenced under this subsection shall undergo a comprehensive substance abuse assessment and receive, within available resources, treatment services appropriate for the offender. The treatment services shall be designed by the division of alcohol and substance abuse of the department of social and health services, in cooperation with the department of corrections. If the midpoint of the standard range is twenty-four months or less, no more than three months of the sentence may be served in a work release status. The court shall also impose one year of concurrent community custody and community supervision that must include appropriate outpatient substance abuse treatment, crime-related prohibitions including a condition not to use illegal controlled substances, and a requirement to submit to urinalysis or other testing to monitor that status. The court may require that the monitoring for controlled substances be conducted by the department or by a treatment alternatives to street crime program or a comparable court or agency-referred program. The offender may be required to pay thirty dollars per month while on community custody to offset the cost of monitoring. In addition, the court shall impose three or more of the following conditions: (i) Devote time to a specific employment or training; (ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer before any change in the offender's address or employment; (iii) Report as directed to a community corrections officer; (iv) Pay all court-ordered legal financial obligations; (v) Perform community service work; (vi) Stay out of areas designated by the sentencing judge. (c) If the offender violates any of the sentence conditions in (b) of this subsection, the department shall impose sanctions administratively, with notice to the prosecuting attorney and the sentencing court. Upon motion of the court or the prosecuting attorney, a violation hearing shall be held by the court. If the court finds that conditions have been willfully violated, the court may impose confinement consisting of up to the remaining one-half of the midpoint of the standard range. All total confinement served during the period of community custody shall be credited to the offender, regardless of whether the total confinement is served as a result of the original sentence, as a result of a sanction imposed by the department, or as a result of a violation found by the court. The term of community supervision shall be tolled by any period of time served in total confinement as a result of a violation found by the court. (d) The department shall determine the rules for calculating the value of a day fine based on the offender's income and reasonable obligations which the offender has for the support of the offender and any dependents. These rules shall be developed in consultation with the administrator for the courts, the office of financial management, and the commission. (7) If a sentence range has not been established for the defendant's crime, the court shall impose a determinate sentence which may include not more than one year of confinement, community service work, a term of community supervision not to exceed one year, and/or other legal financial obligations. The court may impose a sentence which provides more than one year of confinement if the court finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence. (8)(a)(i) When an offender is convicted of a sex offense other than a violation of RCW 9A.44.050 or a sex offense that is also a serious violent offense and has no prior convictions for a sex offense or any other felony sex offenses in this or any other state, the sentencing court, on its own motion or the motion of the state or the defendant, may order an examination to determine whether the defendant is amenable to treatment. The report of the examination shall include at a minimum the following: The defendant's version of the facts and the official version of the facts, the defendant's offense history, an assessment of problems in addition to alleged deviant behaviors, the offender's social and employment situation, and other evaluation measures used. The report shall set forth the sources of the evaluator's information. The examiner shall assess and report regarding the defendant's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum: (A) Frequency and type of contact between offender and therapist; (B) Specific issues to be addressed in the treatment and description of planned treatment modalities; (C) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members and others; (D) Anticipated length of treatment; and (E) Recommended crime-related prohibitions. The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion. The defendant shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost. (ii) After receipt of the reports, the court shall consider whether the offender and the community will benefit from use of this special sexual offender sentencing alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this subsection. If the court determines that this special sex offender sentencing alternative is appropriate, the court shall then impose a sentence within the sentence range. If this sentence is less than eight years of confinement, the court may suspend the execution of the sentence and impose the following conditions of suspension: (A) The court shall place the defendant on community custody for the length of the suspended sentence or three years, whichever is greater, and require the offender to comply with any conditions imposed by the department of corrections under subsection (14) of this section; and (B) The court shall order treatment for any period up to three years in duration. The court in its discretion shall order outpatient sex offender treatment or inpatient sex offender treatment, if available. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The offender shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the community corrections officer, and the court, and shall not change providers without court approval after a hearing if the prosecutor or community corrections officer object to the change. In addition, as conditions of the suspended sentence, the court may impose other sentence conditions including up to six months of confinement, not to exceed the sentence range of confinement for that offense, crime-related prohibitions, and requirements that the offender perform any one or more of the following: (I) Devote time to a specific employment or occupation; (II) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment; (III) Report as directed to the court and a community corrections officer; (IV) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030, perform community service work, or any combination thereof; or (V) Make recoupment to the victim for the cost of any counseling required as a result of the offender's crime. (iii) The sex offender therapist shall submit quarterly reports on the defendant's progress in treatment to the court and the parties. The report shall reference the treatment plan and include at a minimum the following: Dates of attendance, defendant's compliance with requirements, treatment activities, the defendant's relative progress in treatment, and any other material as specified by the court at sentencing. (iv) At the time of sentencing, the court shall set a treatment termination hearing for three months prior to the anticipated date for completion of treatment. Prior to the treatment termination hearing, the treatment professional and community corrections officer shall submit written reports to the court and parties regarding the defendant's compliance with treatment and monitoring requirements, and recommendations regarding termination from treatment, including proposed community supervision conditions. Either party may request and the court may order another evaluation regarding the advisability of termination from treatment. The defendant shall pay the cost of any additional evaluation ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost. At the treatment termination hearing the court may: (A) Modify conditions of community custody, and either (B) terminate treatment, or (C) extend treatment for up to the remaining period of community custody. (v) If a violation of conditions occurs during community custody, the department shall either impose sanctions as provided for in RCW 9.94A.205(2)(a) or refer the violation to the court and recommend revocation of the suspended sentence as provided for in (a)(vi) of this subsection. (vi) The court may revoke the suspended sentence at any time during the period of community custody and order execution of the sentence if: (A) The defendant violates the conditions of the suspended sentence, or (B) the court finds that the defendant is failing to make satisfactory progress in treatment. All confinement time served during the period of community custody shall be credited to the offender if the suspended sentence is revoked. (vii) Except as provided in (a) (viii) of this subsection, after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW. (viii) A sex offender therapist who examines or treats a sex offender pursuant to this subsection (8) does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that: (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (8) and the rules adopted by the department of health. (ix) For purposes of this subsection (8), "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a result of the crime charged. "Victim" also means a parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense. (x) If the defendant was less than eighteen years of age when the charge was filed, the state shall pay for the cost of initial evaluation and treatment. (b) When an offender commits any felony sex offense on or after July 1, 1987, and is sentenced to a term of confinement of more than one year but less than six years, the sentencing court may, on its own motion or on the motion of the offender or the state, request the department of corrections to evaluate whether the offender is amenable to treatment and the department may place the offender in a treatment program within a correctional facility operated by the department. Except for an offender who has been convicted of a violation of RCW 9A.44.040 or 9A.44.050, if the offender completes the treatment program before the expiration of his or her term of confinement, the department of corrections may request the court to convert the balance of confinement to community supervision and to place conditions on the offender including crime-related prohibitions and requirements that the offender perform any one or more of the following: (i) Devote time to a specific employment or occupation; (ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment; (iii) Report as directed to the court and a community corrections officer; (iv) Undergo available outpatient treatment. If the offender violates any of the terms of his or her community supervision, the court may order the offender to serve out the balance of his or her community supervision term in confinement in the custody of the department of corrections. Nothing in this subsection (8)(b) shall confer eligibility for such programs for offenders convicted and sentenced for a sex offense committed prior to July 1, 1987. This subsection (8)(b) does not apply to any crime committed after July 1, 1990. (c) Offenders convicted and sentenced for a sex offense committed prior to July 1, 1987, may, subject to available funds, request an evaluation by the department of corrections to determine whether they are amenable to treatment. If the offender is determined to be amenable to treatment, the offender may request placement in a treatment program within a correctional facility operated by the department. Placement in such treatment program is subject to available funds. (9)(a) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense or a serious violent offense committed after July 1, 1988, but before July 1, 1990, assault in the second degree, assault of a child in the second degree, any crime against a person where it is determined in accordance with RCW 9.94A.125 that the defendant or an accomplice was armed with a deadly weapon at the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW not sentenced under subsection (6) of this section, committed on or after July 1, 1988, the court shall in addition to the other terms of the sentence, sentence the offender to a one-year term of community placement beginning either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of such community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence. (b) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense committed on or after July 1, 1990, but before June 6, 1996, a serious violent offense, vehicular homicide, or vehicular assault, committed on or after July 1, 1990, the court shall in addition to other terms of the sentence, sentence the offender to community placement for two years or up to the period of earned early release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community placement shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of the community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence. Unless a condition is waived by the court, the terms of community placement for offenders sentenced pursuant to this section shall include the following conditions: (i) The offender shall report to and be available for contact with the assigned community corrections officer as directed; (ii) The offender shall work at department of corrections-approved education, employment, and/or community service; (iii) The offender shall not consume controlled substances except pursuant to lawfully issued prescriptions; (iv) An offender in community custody shall not unlawfully possess controlled substances; (v) The offender shall pay supervision fees as determined by the department of corrections; and (vi) The residence location and living arrangements are subject to the prior approval of the department of corrections during the period of community placement. (c) As a part of any sentence imposed under (a) or (b) of this subsection, the court may also order any of the following special conditions: (i) The offender shall remain within, or outside of, a specified geographical boundary; (ii) The offender shall not have direct or indirect contact with the victim of the crime or a specified class of individuals; (iii) The offender shall participate in crime-related treatment or counseling services; (iv) The offender shall not consume alcohol; (v) The offender shall comply with any crime-related prohibitions; or (vi) For an offender convicted of a felony sex offense against a minor victim after June 6, 1996, the offender shall comply with any terms and conditions of community placement imposed by the department of corrections relating to contact between the sex offender and a minor victim or a child of similar age or circumstance as a previous victim. (d) Prior to transfer to, or during, community placement, any conditions of community placement may be removed or modified so as not to be more restrictive by the sentencing court, upon recommendation of the department of corrections. (10)(a) When a court sentences a person to the custody of the department of corrections for an offense categorized as a sex offense committed on or after June 6, 1996, the court shall, in addition to other terms of the sentence, sentence the offender to community custody for three years or up to the period of earned early release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community custody shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2). (b) Unless a condition is waived by the court, the terms of community custody shall be the same as those provided for in subsection (9)(b) of this section and may include those provided for in subsection (9)(c) of this section. As part of any sentence that includes a term of community custody imposed under this subsection, the court shall also require the offender to comply with any conditions imposed by the department of corrections under subsection (14) of this section. (c) At any time prior to the completion of a sex offender's term of community custody, if the court finds that public safety would be enhanced, the court may impose and enforce an order extending any or all of the conditions imposed pursuant to this section for a period up to the maximum allowable sentence for the crime as it is classified in chapter 9A.20 RCW, regardless of the expiration of the offender's term of community custody. If a violation of a condition extended under this subsection occurs after the expiration of the offender's term of community custody, it shall be deemed a violation of the sentence for the purposes of RCW 9.94A.195 and may be punishable as contempt of court as provided for in RCW 7.21.040. (11) If the court imposes a sentence requiring confinement of thirty days or less, the court may, in its discretion, specify that the sentence be served on consecutive or intermittent days. A sentence requiring more than thirty days of confinement shall be served on consecutive days. Local jail administrators may schedule court-ordered intermittent sentences as space permits. (12) If a sentence imposed includes payment of a legal financial obligation, the sentence shall specify the total amount of the legal financial obligation owed, and shall require the offender to pay a specified monthly sum toward that legal financial obligation. Restitution to victims shall be paid prior to any other payments of monetary obligations. Any legal financial obligation that is imposed by the court may be collected by the department, which shall deliver the amount paid to the county clerk for credit. The offender's compliance with payment of legal financial obligations shall be supervised by the department. All monetary payments ordered shall be paid no later than ten years after the last date of release from confinement pursuant to a felony conviction or the date the sentence was entered. Independent of the department, the party or entity to whom the legal financial obligation is owed shall have the authority to utilize any other remedies available to the party or entity to collect the legal financial obligation. Nothing in this section makes the department, the state, or any of its employees, agents, or other persons acting on their behalf liable under any circumstances for the payment of these legal financial obligations. If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order. (13) Except as provided under RCW 9.94A.140(1) and 9.94A.142(1), a court may not impose a sentence providing for a term of confinement or community supervision or community placement which exceeds the statutory maximum for the crime as provided in chapter 9A.20 RCW. (14) All offenders sentenced to terms involving community supervision, community service, community placement, or legal financial obligation shall be under the supervision of the department of corrections and shall follow explicitly the instructions and conditions of the department of corrections. (a) The instructions shall include, at a minimum, reporting as directed to a community corrections officer, remaining within prescribed geographical boundaries, notifying the community corrections officer of any change in the offender's address or employment, and paying the supervision fee assessment. (b) For sex offenders sentenced to terms involving community custody for crimes committed on or after June 6, 1996, the department may include, in addition to the instructions in (a) of this subsection, any appropriate conditions of supervision, including but not limited to, prohibiting the offender from having contact with any other specified individuals or specific class of individuals. The conditions authorized under this subsection (14)(b) may be imposed by the department prior to or during a sex offender's community custody term. If a violation of conditions imposed by the court or the department pursuant to subsection (10) of this section occurs during community custody, it shall be deemed a violation of community placement for the purposes of RCW 9.94A.207 and shall authorize the department to transfer an offender to a more restrictive confinement status as provided in RCW 9.94A.205. At any time prior to the completion of a sex offender's term of community custody, the department may recommend to the court that any or all of the conditions imposed by the court or the department pursuant to subsection (10) of this section be continued beyond the expiration of the offender's term of community custody as authorized in subsection (10)(c) of this section. The department may require offenders to pay for special services rendered on or after July 25, 1993, including electronic monitoring, day reporting, and telephone reporting, dependent upon the offender's ability to pay. The department may pay for these services for offenders who are not able to pay. (15) All offenders sentenced to terms involving community supervision, community service, or community placement under the supervision of the department of corrections shall not own, use, or possess firearms or ammunition. Offenders who own, use, or are found to be in actual or constructive possession of firearms or ammunition shall be subject to the appropriate violation process and sanctions. "Constructive possession" as used in this subsection means the power and intent to control the firearm or ammunition. "Firearm" as used in this subsection means a weapon or device from which a projectile may be fired by an explosive such as gunpowder. (16) The sentencing court shall give the offender credit for all confinement time served before the sentencing if that confinement was solely in regard to the offense for which the offender is being sentenced. (17) A departure from the standards in RCW 9.94A.400 (1) and (2) governing whether sentences are to be served consecutively or concurrently is an exceptional sentence subject to the limitations in subsections (2) and (3) of this section, and may be appealed by the defendant or the state as set forth in RCW 9.94A.210 (2) through (6). (18) The court shall order restitution whenever the offender is convicted of a felony that results in injury to any person or damage to or loss of property, whether the offender is sentenced to confinement or placed under community supervision, unless extraordinary circumstances exist that make restitution inappropriate in the court's judgment. The court shall set forth the extraordinary circumstances in the record if it does not order restitution. (19) As a part of any sentence, the court may impose and enforce an order that relates directly to the circumstances of the crime for which the offender has been convicted, prohibiting the offender from having any contact with other specified individuals or a specific class of individuals for a period not to exceed the maximum allowable sentence for the crime, regardless of the expiration of the offender's term of community supervision or community placement. (20) In any sentence of partial confinement, the court may require the defendant to serve the partial confinement in work release, in a program of home detention, on work crew, or in a combined program of work crew and home detention. (21) All court-ordered legal financial obligations collected by the department and remitted to the county clerk shall be credited and paid where restitution is ordered. Restitution shall be paid prior to any other payments of monetary obligations. Sec. 5. RCW 9.94A.360 and 1995 c 316 s 1 and 1995 c 101 s 1 are each reenacted and amended to read as follows: The offender score is measured on the horizontal axis of the sentencing grid. The offender score rules are as follows: The offender score is the sum of points accrued under this section rounded down to the nearest whole number. (1) A prior conviction is a conviction which exists before the date of sentencing for the offense for which the offender score is being computed. Convictions entered or sentenced on the same date as the conviction for which the offender score is being computed shall be deemed "other current offenses" within the meaning of RCW 9.94A.400. (2) ((Except as provided in subsection (4) of this section,)) Class A and sex prior felony convictions shall always be included in the offender score. Class B prior felony convictions other than sex offenses shall not be included in the offender score, if since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent ten consecutive years in the community without committing any crime that subsequently results in a conviction. Class C prior felony convictions other than sex offenses shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent five consecutive years in the community without committing any crime that subsequently results in a conviction. Serious traffic convictions shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender spent five years in the community without committing any crime that subsequently results in a conviction. This subsection applies to both adult and juvenile prior convictions. (3) Out-of-state convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. Federal convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. If there is no clearly comparable offense under Washington law or the offense is one that is usually considered subject to exclusive federal jurisdiction, the offense shall be scored as a class C felony equivalent if it was a felony under the relevant federal statute. (4) ((Always include juvenile convictions for sex offenses and serious violent offenses. Include other class A juvenile felonies only if the offender was 15 or older at the time the juvenile offense was committed. Include other class B and C juvenile felony convictions only if the offender was 15 or older at the time the juvenile offense was committed and the offender was less than 23 at the time the offense for which he or she is being sentenced was committed. (5))) Score prior convictions for felony anticipatory offenses (attempts, criminal solicitations, and criminal conspiracies) the same as if they were convictions for completed offenses. (((6))) (5)(a) In the case of multiple prior convictions, for the purpose of computing the offender score, count all convictions separately, except: (i) Prior ((adult)) offenses which were found, under RCW 9.94A.400(1)(a), to encompass the same criminal conduct, shall be counted as one offense, the offense that yields the highest offender score. The current sentencing court shall determine with respect to other prior adult offenses for which sentences were served concurrently or prior juvenile offenses for which sentences were served consecutively, whether those offenses shall be counted as one offense or as separate offenses using the "same criminal conduct" analysis found in RCW 9.94A.400(1)(a), and if the court finds that they shall be counted as one offense, then the offense that yields the highest offender score shall be used. The current sentencing court may presume that such other prior ((adult)) offenses were not the same criminal conduct from sentences imposed on separate dates, or in separate counties or jurisdictions, or in separate complaints, indictments, or informations; (ii) ((Juvenile prior convictions entered or sentenced on the same date shall count as one offense, the offense that yields the highest offender score, except for juvenile prior convictions for violent offenses with separate victims, which shall count as separate offenses; and (iii))) In the case of multiple prior convictions for offenses committed before July 1, 1986, for the purpose of computing the offender score, count all adult convictions served concurrently as one offense, and count all juvenile convictions entered on the same date as one offense. Use the conviction for the offense that yields the highest offender score. (b) As used in this subsection (((6))) (5), "served concurrently" means that: (i) The latter sentence was imposed with specific reference to the former; (ii) the concurrent relationship of the sentences was judicially imposed; and (iii) the concurrent timing of the sentences was not the result of a probation or parole revocation on the former offense. (((7))) (6) If the present conviction is one of the anticipatory offenses of criminal attempt, solicitation, or conspiracy, count each prior conviction as if the present conviction were for a completed offense. (((8))) (7) If the present conviction is for a nonviolent offense and not covered by subsection (((12))) (11) or (((13))) (12) of this section, count one point for each adult prior felony conviction and one point for each juvenile prior violent felony conviction and ½ point for each juvenile prior nonviolent felony conviction. (((9))) (8) If the present conviction is for a violent offense and not covered in subsection (((10), (11), (12), or (13))) (9), (10), (11), or (12) of this section, count two points for each prior adult and juvenile violent felony conviction, one point for each prior adult nonviolent felony conviction, and ½ point for each prior juvenile nonviolent felony conviction. (((10))) (9) If the present conviction is for Murder 1 or 2, Assault 1, Assault of a Child 1, Kidnapping 1, Homicide by Abuse, or Rape 1, count three points for prior adult and juvenile convictions for crimes in these categories, two points for each prior adult and juvenile violent conviction (not already counted), one point for each prior adult nonviolent felony conviction, and ½ point for each prior juvenile nonviolent felony conviction. (((11))) (10) If the present conviction is for Burglary 1, count prior convictions as in subsection (((9))) (8) of this section; however count two points for each prior adult Burglary 2 or residential burglary conviction, and one point for each prior juvenile Burglary 2 or residential burglary conviction. (((12))) (11) If the present conviction is for a felony traffic offense count two points for each adult or juvenile prior conviction for Vehicular Homicide or Vehicular Assault; for each felony offense or serious traffic offense, count one point for each adult and ½ point for each juvenile prior conviction. (((13))) (12) If the present conviction is for a drug offense count three points for each adult prior felony drug offense conviction and two points for each juvenile drug offense. All other adult and juvenile felonies are scored as in subsection (((9))) (8) of this section if the current drug offense is violent, or as in subsection (((8))) (7) of this section if the current drug offense is nonviolent. (((14))) (13) If the present conviction is for Willful Failure to Return from Furlough, RCW 72.66.060, Willful Failure to Return from Work Release, RCW 72.65.070, or Escape from Community Custody, RCW 72.09.310, count only prior escape convictions in the offender score. Count adult prior escape convictions as one point and juvenile prior escape convictions as ½ point. (((15))) (14) If the present conviction is for Escape 1, RCW 9A.76.110, or Escape 2, RCW 9A.76.120, count adult prior convictions as one point and juvenile prior convictions as ½ point. (((16))) (15) If the present conviction is for Burglary 2 or residential burglary, count priors as in subsection (((8))) (7) of this section; however, count two points for each adult and juvenile prior Burglary 1 conviction, two points for each adult prior Burglary 2 or residential burglary conviction, and one point for each juvenile prior Burglary 2 or residential burglary conviction. (((17))) (16) If the present conviction is for a sex offense, count priors as in subsections (((8))) (7) through (((16))) (15) of this section; however count three points for each adult and juvenile prior sex offense conviction. (((18))) (17) If the present conviction is for an offense committed while the offender was under community placement, add one point. Sec. 6. RCW 13.04.011 and 1992 c 205 s 119 are each amended to read as follows: For purposes of this title: (1) "Adjudication" has the same meaning as "conviction" in RCW 9.94A.030, and the terms must be construed identically and used interchangeably; (2) Except as specifically provided in RCW 13.40.020 and chapter 13.24 RCW, ((as now or hereafter amended,)) "juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years; (((2))) (3) "Juvenile offender" and "juvenile offense" have the meaning ascribed in RCW 13.40.020; (((3))) (4) "Court" when used without further qualification means the juvenile court judge(s) or commissioner(s); (((4))) (5) "Parent" or "parents," except as used in chapter 13.34 RCW, ((as now or hereafter amended,)) means that parent or parents who have the right of legal custody of the child. "Parent" or "parents" as used in chapter 13.34 RCW, means the biological or adoptive parents of a child unless the legal rights of that person have been terminated by judicial proceedings; (((5))) (6) "Custodian" means that person who has the legal right to custody of the child. Sec. 7. RCW 13.04.030 and 1995 c 312 s 39 and 1995 c 311 s 15 are each reenacted and 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; (c) Relating to the termination of a parent and child relationship as provided in RCW 13.34.180 through 13.34.210; (d) To approve or disapprove out-of-home placement as provided in RCW 13.32A.170; (e) Relating to juveniles alleged or found to have committed offenses, traffic or civil 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 or civil infraction, or violation has expired; or (iii) The alleged offense or infraction is a traffic, fish, boating, or game offense, or traffic or civil 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, and no guardian ad litem is required in any such proceeding due to the juvenile's age: 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; (C) Robbery in the first degree, rape of a child in the first degree, or drive-by shooting, committed on or after the effective date of this section; (D) Burglary in the first degree committed on or after the effective date of this section, and the juvenile has a criminal history consisting of one or more prior felony or misdemeanor offenses; or (E) Any violent offense as defined in RCW 9.94A.030 committed on or after the effective date of this section, and the juvenile is alleged to have been armed with a firearm. 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 under (e)(iv) of this subsection, 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; (h) Relating to court validation of a voluntary consent to an out-of-home 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; and (i) Relating to petitions to compel disclosure of information filed by the department of social and health services pursuant to RCW 74.13.042. (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. 8. RCW 13.40.010 and 1992 c 205 s 101 are each amended to read as follows: (1) This chapter shall be known and cited as the Juvenile Justice Act of 1977. (2) It is the intent of the legislature that a system capable of having primary responsibility for, being accountable for, and responding to the needs of youthful offenders, as defined by this chapter, be established. It is the further intent of the legislature that youth, in turn, be held accountable for their offenses and that ((both)) communities, families, and the juvenile courts carry out their functions consistent with this intent. To effectuate these policies, the legislature declares the following to be equally important purposes of this chapter: (a) Protect the citizenry from criminal behavior; (b) Provide for determining whether accused juveniles have committed offenses as defined by this chapter; (c) Make the juvenile offender accountable for his or her criminal behavior; (d) Provide for punishment commensurate with the age, crime, and criminal history of the juvenile offender; (e) Provide due process for juveniles alleged to have committed an offense; (f) Provide necessary treatment, supervision, and custody for juvenile offenders; (g) Provide for the handling of juvenile offenders by communities whenever consistent with public safety; (h) Provide for restitution to victims of crime; (i) Develop effective standards and goals for the operation, funding, and evaluation of all components of the juvenile justice system and related services at the state and local levels; ((and)) (j) Provide for a clear policy to determine what types of offenders shall receive punishment, treatment, or both, and to determine the jurisdictional limitations of the courts, institutions, and community services; and (k) Encourage the parents, guardian, or custodian of the juvenile to actively participate in the juvenile justice process. Sec. 9. RCW 13.40.020 and 1995 c 395 s 2 and 1995 c 134 s 1 are each reenacted and amended to read as follows: For the purposes of this chapter: (1) "Serious offender" means a person fifteen years of age or older who has committed an offense which if committed by an adult would be: (a) A class A felony, or an attempt to commit a class A felony; (b) Manslaughter in the first degree; or (c) Assault in the second degree, extortion in the first degree, child molestation in the second degree, kidnapping in the second degree, robbery in the second degree, residential burglary, or burglary in the second degree, where such offenses include the infliction of bodily harm upon another or where during the commission of or immediate withdrawal from such an offense the perpetrator is armed with a deadly weapon; (2) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community service may be performed through public or private organizations or through work crews; (3) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department or an order granting a deferred ((adjudication pursuant to RCW 13.40.125)) disposition. A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses. As a mandatory condition of any term of community supervision, the court shall order the juvenile to refrain from committing new offenses. As a mandatory condition of community supervision, the court shall order the juvenile to comply with the mandatory school attendance provisions of chapter 28A.225 RCW and to inform the school of the existence of this requirement. Community supervision is an individualized program comprised of one or more of the following: (a) Community-based sanctions; (b) Community-based rehabilitation; (c) Monitoring and reporting requirements; (d) Posting of a probation bond ((imposed pursuant to RCW 13.40.0357)); (4) Community-based sanctions may include one or more of the following: (a) A fine, not to exceed one hundred dollars; (b) Community service not to exceed one hundred fifty hours of service; (5) "Community-based rehabilitation" means one or more of the following: Employment; attendance of information classes; literacy classes; counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, education or outpatient treatment programs to prevent animal cruelty, or other services; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district. Placement in community-based rehabilitation programs is subject to available funds; (6) "Monitoring and reporting requirements" means one or more of the following: Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the probation officer as directed and to remain under the probation officer's supervision; and other conditions or limitations as the court may require which may not include confinement; (7) "Confinement" means physical custody by the department of social and health services in a facility operated by or pursuant to a contract with the state, or physical custody in a detention facility operated by or pursuant to a contract with any county. The county may operate or contract with vendors to operate county detention facilities. The department may operate or contract to operate detention facilities for juveniles committed to the department. Pretrial confinement or confinement of less than thirty-one days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court; (8) "Court,"((,)) when used without further qualification, means the juvenile court judge(s) or commissioner(s); (9) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense: (a) The allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter; or (b) The criminal complaint was diverted by a prosecutor pursuant to the provisions of this chapter on agreement of the respondent and after an advisement to the respondent that the criminal complaint would be considered as part of the respondent's criminal history. A successfully completed deferred adjudication that was entered before the effective date of this section or a deferred disposition shall not be considered part of the respondent's criminal history; (10) "Department" means the department of social and health services; (11) "Detention facility" means a county facility, paid for by the county, for the physical confinement of a juvenile alleged to have committed an offense or an adjudicated offender subject to a disposition or modification order. "Detention facility" includes county group homes, inpatient substance abuse programs, juvenile basic training camps, and electronic monitoring; (12) "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender, or any other person, community accountability board, or other entity except a law enforcement official or entity, with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to RCW 13.40.080, or any person, community accountability board, or other entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter. For purposes of this subsection, "community accountability board" means a board comprised of members of the local community in which the juvenile offender resides. The superior court shall appoint the members. The boards shall consist of at least three and not more than seven members. If possible, the board should include a variety of representatives from the community, such as a law enforcement officer, teacher or school administrator, high school student, parent, and business owner, and should represent the cultural diversity of the local community; (13) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW; (14) "Intensive supervision program" means a parole program that requires intensive supervision and monitoring, offers an array of individualized treatment and transitional services, and emphasizes community involvement and support in order to reduce the likelihood a juvenile offender will commit further offenses; (15) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years and who has not been previously transferred to adult court pursuant to RCW 13.40.110 or who is otherwise under adult court jurisdiction; (((15))) (16) "Juvenile offender" means any juvenile who has been found by the juvenile court to have committed an offense, including a person eighteen years of age or older over whom jurisdiction has been extended under RCW 13.40.300; (((16))) (17) "Manifest injustice" means a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of this chapter; (((17))) (18) "Middle offender" means a person who has committed an offense and who is neither a minor or first offender nor a serious offender; (((18))) (19) "Minor or first offender" means a person whose current offense(s) and criminal history fall entirely within one of the following categories: (a) Four misdemeanors; (b) Two misdemeanors and one gross misdemeanor; (c) One misdemeanor and two gross misdemeanors; and (d) Three gross misdemeanors. For purposes of this definition, current violations shall be counted as misdemeanors; (((19))) (20) "Offense" means an act designated a violation or a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state; (((20))) (21) "Respondent" means a juvenile who is alleged or proven to have committed an offense; (((21))) (22) "Restitution" means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, lost wages resulting from physical injury, and costs of the victim's counseling reasonably related to the offense if the offense is a sex offense. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender; (((22))) (23) "Secretary" means the secretary of the department of social and health services. "Assistant secretary" means the assistant secretary for juvenile rehabilitation for the department; (((23))) (24) "Services" means services which provide alternatives to incarceration for those juveniles who have pleaded or been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter; (((24))) (25) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030; (((25))) (26) "Sexual motivation" means that one of the purposes for which the respondent committed the offense was for the purpose of his or her sexual gratification; (((26))) (27) "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care; (((27))) (28) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration; (((28))) (29) "Violent offense" means a violent offense as defined in RCW 9.94A.030; (((29))) (30) "Probation bond" means a bond, posted with sufficient security by a surety justified and approved by the court, to secure the offender's appearance at required court proceedings and compliance with court-ordered community supervision or conditions of release ordered pursuant to RCW 13.40.040 or 13.40.050. It also means a deposit of cash or posting of other collateral in lieu of a bond if approved by the court; (((30))) (31) "Surety" means an entity licensed under state insurance laws or by the state department of licensing, to write corporate, property, or probation bonds within the state, and justified and approved by the superior court of the county having jurisdiction of the case. This section expires July 1, 1998. Sec. 10. RCW 13.40.020 and 1995 c 395 s 2 and 1995 c 134 s 1 are each reenacted and amended to read as follows: For the purposes of this chapter: (1) (("Serious offender" means a person fifteen years of age or older who has committed an offense which if committed by an adult would be: (a) A class A felony, or an attempt to commit a class A felony; (b) Manslaughter in the first degree; or (c) Assault in the second degree, extortion in the first degree, child molestation in the second degree, kidnapping in the second degree, robbery in the second degree, residential burglary, or burglary in the second degree, where such offenses include the infliction of bodily harm upon another or where during the commission of or immediate withdrawal from such an offense the perpetrator is armed with a deadly weapon; (2))) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community service may be performed through public or private organizations or through work crews; (((3))) (2) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department or an order granting a deferred ((adjudication pursuant to RCW 13.40.125)) disposition. A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses. As a mandatory condition of any term of community supervision, the court shall order the juvenile to refrain from committing new offenses. As a mandatory condition of community supervision, the court shall order the juvenile to comply with the mandatory school attendance provisions of chapter 28A.225 RCW and to inform the school of the existence of this requirement. Community supervision is an individualized program comprised of one or more of the following: (a) Community-based sanctions; (b) Community-based rehabilitation; (c) Monitoring and reporting requirements; (d) Posting of a probation bond ((imposed pursuant to RCW 13.40.0357)); (((4))) (3) Community-based sanctions may include one or more of the following: (a) A fine, not to exceed ((one)) five hundred dollars; (b) Community service not to exceed one hundred fifty hours of service; (((5))) (4) "Community-based rehabilitation" means one or more of the following: Employment; attendance of information classes; literacy classes; counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, education or outpatient treatment programs to prevent animal cruelty, or other services; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district. Placement in community-based rehabilitation programs is subject to available funds; (((6))) (5) "Monitoring and reporting requirements" means one or more of the following: Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the probation officer as directed and to remain under the probation officer's supervision; and other conditions or limitations as the court may require which may not include confinement; (((7))) (6) "Confinement" means physical custody by the department of social and health services in a facility operated by or pursuant to a contract with the state, or physical custody in a detention facility operated by or pursuant to a contract with any county. The county may operate or contract with vendors to operate county detention facilities. The department may operate or contract to operate detention facilities for juveniles committed to the department. Pretrial confinement or confinement of less than thirty-one days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court; (((8))) (7) "Court,"((,)) when used without further qualification, means the juvenile court judge(s) or commissioner(s); (((9))) (8) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense: (a) The allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter; or (b) The criminal complaint was diverted by a prosecutor pursuant to the provisions of this chapter on agreement of the respondent and after an advisement to the respondent that the criminal complaint would be considered as part of the respondent's criminal history. A successfully completed deferred adjudication that was entered before the effective date of this section or a deferred disposition shall not be considered part of the respondent's criminal history; (((10))) (9) "Department" means the department of social and health services; (((11))) (10) "Detention facility" means a county facility, paid for by the county, for the physical confinement of a juvenile alleged to have committed an offense or an adjudicated offender subject to a disposition or modification order. "Detention facility" includes county group homes, inpatient substance abuse programs, juvenile basic training camps, and electronic monitoring; (((12))) (11) "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender, or any other person, community accountability board, or other entity except a law enforcement official or entity, with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to RCW 13.40.080, or any person, community accountability board, or other entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter. For purposes of this subsection, "community accountability board" means a board comprised of members of the local community in which the juvenile offender resides. The superior court shall appoint the members. The boards shall consist of at least three and not more than seven members. If possible, the board should include a variety of representatives from the community, such as a law enforcement officer, teacher or school administrator, high school student, parent, and business owner, and should represent the cultural diversity of the local community; (((13))) (12) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW; (((14))) (13) "Intensive supervision program" means a parole program that requires intensive supervision and monitoring, offers an array of individualized treatment and transitional services, and emphasizes community involvement and support in order to reduce the likelihood a juvenile offender will commit further offenses; (14) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years and who has not been previously transferred to adult court pursuant to RCW 13.40.110 or who is otherwise under adult court jurisdiction; (15) "Juvenile offender" means any juvenile who has been found by the juvenile court to have committed an offense, including a person eighteen years of age or older over whom jurisdiction has been extended under RCW 13.40.300; (16) "Local sanctions" means one or more of the following: (a) 0-30 days of confinement; (b) 0-12 months of community supervision; (c) 0-150 hours of community service; or (d) $0-$500 fine; (((16))) (17) "Manifest injustice" means a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of this chapter; (((17) "Middle offender" means a person who has committed an offense and who is neither a minor or first offender nor a serious offender; (18) "Minor or first offender" means a person whose current offense(s) and criminal history fall entirely within one of the following categories: (a) Four misdemeanors; (b) Two misdemeanors and one gross misdemeanor; (c) One misdemeanor and two gross misdemeanors; and (d) Three gross misdemeanors. For purposes of this definition, current violations shall be counted as misdemeanors; (19))) (18) "Offense" means an act designated a violation or a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state; (((20))) (19) "Respondent" means a juvenile who is alleged or proven to have committed an offense; (((21))) (20) "Restitution" means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, lost wages resulting from physical injury, and costs of the victim's counseling reasonably related to the offense if the offense is a sex offense. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender; (((22))) (21) "Secretary" means the secretary of the department of social and health services. "Assistant secretary" means the assistant secretary for juvenile rehabilitation for the department; (((23))) (22) "Services" means services which provide alternatives to incarceration for those juveniles who have pleaded or been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter; (((24))) (23) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030; (((25))) (24) "Sexual motivation" means that one of the purposes for which the respondent committed the offense was for the purpose of his or her sexual gratification; (((26))) (25) "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care; (((27))) (26) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration; (((28))) (27) "Violent offense" means a violent offense as defined in RCW 9.94A.030; (((29))) (28) "Probation bond" means a bond, posted with sufficient security by a surety justified and approved by the court, to secure the offender's appearance at required court proceedings and compliance with court-ordered community supervision or conditions of release ordered pursuant to RCW 13.40.040 or 13.40.050. It also means a deposit of cash or posting of other collateral in lieu of a bond if approved by the court; (((30))) (29) "Surety" means an entity licensed under state insurance laws or by the state department of licensing, to write corporate, property, or probation bonds within the state, and justified and approved by the superior court of the county having jurisdiction of the case. Sec. 11. RCW 13.40.0357 and 1996 c 205 s 6 are each amended to read as follows:
SCHEDULE A
DESCRIPTION AND OFFENSE CATEGORY
juvenile juvenile dispositiondispositioncategory for attempt,offensebailjump, conspiracy,category description (rcw citation) or solicitation
Arson and Malicious Mischief A Arson 1 (9A.48.020) B+ B Arson 2 (9A.48.030) C C Reckless Burning 1 (9A.48.040) D D Reckless Burning 2 (9A.48.050) E B Malicious Mischief 1 (9A.48.070) C C Malicious Mischief 2 (9A.48.080) D D Malicious Mischief 3 (<$50 is E class) (9A.48.090) E E Tampering with Fire Alarm Apparatus (9.40.100) E A Possession of Incendiary Device (9.40.120) B+
Assault and Other Crimes Involving Physical Harm A Assault 1 (9A.36.011) B+ B+ Assault 2 (9A.36.021) C+ C+ Assault 3 (9A.36.031) D+ D+ Assault 4 (9A.36.041) E B+ Drive-By Shooting (9A.36.045) C+ D+ Reckless Endangerment (9A.36.050) E C+ Promoting Suicide Attempt (9A.36.060) D+ D+ Coercion (9A.36.070) E C+ Custodial Assault (9A.36.100) D+
Burglary and Trespass B+ Burglary 1 (9A.52.020) C+ B Residential Burglary (9A.52.025) C B Burglary 2 (9A.52.030) C D Burglary Tools (Possession of) (9A.52.060) E D Criminal Trespass 1 (9A.52.070) E E Criminal Trespass 2 (9A.52.080) E C Vehicle Prowling 1 (9A.52.095) D D Vehicle Prowling 2 (9A.52.100) E
Drugs E Possession/Consumption of Alcohol (66.44.270) E C Illegally Obtaining Legend Drug (69.41.020) D C+ Sale, Delivery, Possession of Legend Drug with Intent to Sell (69.41.030) D+ E Possession of Legend Drug (69.41.030) E B+ Violation of Uniform Controlled Substances Act - Narcotic or Methamphetamine Sale (69.50.401(a)(1)(i) or (ii)) B+ C Violation of Uniform Controlled Substances Act - Nonnarcotic Sale (69.50.401(a)(1)(iii)) C E Possession of Marihuana <40 grams (69.50.401(e)) E C Fraudulently Obtaining Controlled Substance (69.50.403) C C+ Sale of Controlled Substance for Profit (69.50.410) C+ E Unlawful Inhalation (9.47A.020) E B Violation of Uniform Controlled Substances Act - Narcotic or Methamphetamine Counterfeit Substances (69.50.401(b)(1)(i) or (ii)) B C Violation of Uniform Controlled Substances Act - Nonnarcotic Counterfeit Substances (69.50.401(b)(1) (iii), (iv), (v)) C C Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.401(d)) C C Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.401(c)) C
Firearms and Weapons B Theft of Firearm (9A.56.300) C B Possession of Stolen Firearm (9A.56.310) C E Carrying Loaded Pistol Without Permit (9.41.050) E C Possession of Firearms by Minor (<18) (9.41.040(1) (b)(((iv))) (iii)) C D+ Possession of Dangerous Weapon (9.41.250) E D Intimidating Another Person by use of Weapon (9.41.270) E
Homicide A+ Murder 1 (9A.32.030) A A+ Murder 2 (9A.32.050) B+ B+ Manslaughter 1 (9A.32.060) C+ C+ Manslaughter 2 (9A.32.070) D+ B+ Vehicular Homicide (46.61.520) C+
Kidnapping A Kidnap 1 (9A.40.020) B+ B+ Kidnap 2 (9A.40.030) C+ C+ Unlawful Imprisonment (9A.40.040) D+
Obstructing Governmental Operation ((E)) D Obstructing a Law Enforcement Officer (9A.76.020) E E Resisting Arrest (9A.76.040) E B Introducing Contraband 1 (9A.76.140) C C Introducing Contraband 2 (9A.76.150) D E Introducing Contraband 3 (9A.76.160) E B+ Intimidating a Public Servant (9A.76.180) C+ B+ Intimidating a Witness (9A.72.110) C+
Public Disturbance C+ Riot with Weapon (9A.84.010) D+ D+ Riot Without Weapon (9A.84.010) E E Failure to Disperse (9A.84.020) E E Disorderly Conduct (9A.84.030) E
Sex Crimes A Rape 1 (9A.44.040) B+ A- Rape 2 (9A.44.050) B+ C+ Rape 3 (9A.44.060) D+ A- Rape of a Child 1 (9A.44.073) B+ B+ Rape of a Child 2 (9A.44.076) C+ B Incest 1 (9A.64.020(1)) C C Incest 2 (9A.64.020(2)) D D+ Indecent Exposure (Victim <14) (9A.88.010) E E Indecent Exposure (Victim 14 or over) (9A.88.010) E B+ Promoting Prostitution 1 (9A.88.070) C+ C+ Promoting Prostitution 2 (9A.88.080) D+ E O & A (Prostitution) (9A.88.030) E B+ Indecent Liberties (9A.44.100) C+ ((B+)) ((C+)) A- Child Molestation 1 (9A.44.083) B+ ((C+)) B Child Molestation 2 (9A.44.086) C+
Theft, Robbery, Extortion, and Forgery B Theft 1 (9A.56.030) C C Theft 2 (9A.56.040) D D Theft 3 (9A.56.050) E B Theft of Livestock (9A.56.080) C C Forgery (9A.60.020) D A Robbery 1 (9A.56.200) B+ B+ Robbery 2 (9A.56.210) C+ B+ Extortion 1 (9A.56.120) C+ C+ Extortion 2 (9A.56.130) D+ B Possession of Stolen Property 1 (9A.56.150) C C Possession of Stolen Property 2 (9A.56.160) D D Possession of Stolen Property 3 (9A.56.170) E C Taking Motor Vehicle Without Owner's Permission (9A.56.070) D
Motor Vehicle Related Crimes E Driving Without a License (46.20.021) E C Hit and Run - Injury (46.52.020(4)) D D Hit and Run-Attended (46.52.020(5)) E E Hit and Run-Unattended (46.52.010) E C Vehicular Assault (46.61.522) D C Attempting to Elude Pursuing Police Vehicle (46.61.024) D E Reckless Driving (46.61.500) E D Driving While Under the Influence (46.61.502 and 46.61.504) E ((D Vehicle Prowling (9A.52.100) E C Taking Motor Vehicle Without Owner's Permission (9A.56.070) D))
Other B Bomb Threat (9.61.160) C C Escape 11 (9A.76.110) C C Escape 21 (9A.76.120) C D Escape 3 (9A.76.130) E E Obscene, Harassing, Etc., Phone Calls (9.61.230) E A Other Offense Equivalent to an Adult Class A Felony B+ B Other Offense Equivalent to an Adult Class B Felony C C Other Offense Equivalent to an Adult Class C Felony D D Other Offense Equivalent to an Adult Gross Misdemeanor E E Other Offense Equivalent to an Adult Misdemeanor E V Violation of Order of Restitution, Community Supervision, or Confinement (13.40.200)2 V
1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:
1st escape or attempted escape during 12-month period - 4 weeks confinement 2nd escape or attempted escape during 12-month period - 8 weeks confinement 3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement
2If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.
SCHEDULE BPRIOR OFFENSE INCREASE FACTOR
For use with all CURRENT OFFENSES occurring on or after July 1, 1989.
TIME SPAN
OFFENSE 0-12 13-24 25 Months CATEGORY Months Months or MoreA+.9.9.9A.9.8.6A-.9.8.5B+.9.7.4B .9.6.3C+.6.3.2C .5.2.2D+ .3 .2 .1 D .2 .1 .1 E .1 .1 .1
Prior history - Any offense in which a diversion agreement or counsel and release form was signed, or any offense which has been adjudicated by court to be correct prior to the commission of the current offense(s).
SCHEDULE CCURRENT OFFENSE POINTS
For use with all CURRENT OFFENSES occurring on or after July 1, 1989.
AGE
OFFENSE 12 &CATEGORYUnder13 14 15 16 17. . . . . . . A+STANDARD RANGE 180-224 WEEKSA250300350375375375A- 150 150 150 200 200 200 B+ 110 110 120 130 140 150 B 45 45 50 50 57 57 C+ 44 44 49 49 55 55 C 40 40 45 45 50 50 D+ 16 18 20 22 24 26 D 14 16 18 20 22 24 E 4 4 4 6 8 10
JUVENILE SENTENCING STANDARDS
SCHEDULE D-1
This schedule may only be used for minor/first offenders. After the determination is made that a youth is a minor/first offender, the court has the discretion to select sentencing option A, B, or C.
MINOR/FIRST OFFENDER
OPTION ASTANDARD RANGE
Community Community ServicePoints Supervision Hours Fine. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1-9 0-3 months and/or 0-8 and/or 0-$1010-19 0-3 months and/or 0-8 and/or 0-$1020-29 0-3 months and/or 0-16 and/or 0-$1030-39 0-3 months and/or 8-24 and/or 0-$2540-49 3-6 months and/or 16-32 and/or 0-$2550-59 3-6 months and/or 24-40 and/or 0-$2560-69 6-9 months and/or 32-48 and/or 0-$5070-79 6-9 months and/or 40-56 and/or 0-$5080-89 9-12 months and/or 48-64 and/or 10-$10090-109 9-12 months and/or 56-72 and/or 10-$100
OR
OPTION BSTATUTORY OPTION
0-12 Months Community Supervision0-150 Hours Community Service0-100 FinePosting of a Probation Bond
A term of community supervision with a maximum of 150 hours, $100.00 fine, and 12 months supervision.
OR
OPTION CMANIFEST INJUSTICE
When a term of community supervision would effectuate a manifest injustice, another disposition may be imposed. When a judge imposes a sentence of confinement exceeding 30 days, the court shall sentence the juvenile to a maximum term and the provisions of RCW 13.40.030(2) shall be used to determine the range.
JUVENILE SENTENCING STANDARDSSCHEDULE D-2
This schedule may only be used for middle offenders. After the determination is made that a youth is a middle offender, the court has the discretion to select sentencing option A, B, or C.
MIDDLE OFFENDER
OPTION ASTANDARD RANGE
Community Community ServiceConfinementPointsSupervisionHoursFineDays Weeks1-90-3 monthsand/or 0-8 and/or 0-$10and/or 010-190-3 monthsand/or 0-8 and/or 0-$10and/or 020-290-3 months and/or 0-16 and/or 0-$10and/or 030-390-3 monthsand/or 8-24and/or 0-$25and/or 2-440-493-6 months and/or 16-32 and/or 0-$25and/or 2-450-593-6 monthsand/or 24-40and/or 0-$25and/or 5-1060-696-9 months and/or 32-48 and/or 0-$50and/or 5-1070-796-9 monthsand/or 40-56and/or 0-$50and/or 10-2080-89 9-12 months and/or 48-64 and/or 0-$100and/or 10-2090-1099-12 monthsand/or 56-72and/or 0-$100and/or 15-30110-1298-12130-14913-16150-19921-28200-24930-40250-29952-65300-37480-100375+ 103-129
Middle offenders with 110 points or more do not have to be committed. They may be assigned community supervision under option B.
All A+ offenses 180-224 weeks OR
OPTION BSTATUTORY OPTION
0-12 Months Community Supervision0-150 Hours Community Service0-100 FinePosting of a Probation Bond
If the offender has less than 110 points, the court may impose a determinate disposition of community supervision and/or up to 30 days confinement; in which case, if confinement has been imposed, the court shall state either aggravating or mitigating factors as set forth in RCW 13.40.150. If the middle offender has 110 points or more, the court may impose a disposition under option A and may suspend the disposition on the condition that the offender serve up to thirty days of confinement and follow all conditions of community supervision. If the offender fails to comply with the terms of community supervision, the court may impose sanctions pursuant to RCW 13.40.200 or may revoke the suspended disposition and order execution of the disposition. If the court imposes confinement for offenders with 110 points or more, the court shall state either aggravating or mitigating factors set forth in RCW 13.40.150.
OR
OPTION CMANIFEST INJUSTICE
If the court determines that a disposition under option A or B would effectuate a manifest injustice, the court shall sentence the juvenile to a maximum term and the provisions of RCW 13.40.030(2) shall be used to determine the range.
JUVENILE SENTENCING STANDARDSSCHEDULE D-3
This schedule may only be used for serious offenders. After the determination is made that a youth is a serious offender, the court has the discretion to select sentencing option A or B.
SERIOUS OFFENDEROPTION ASTANDARD RANGE
Points Institution Time. . . . . .
0-129 8-12 weeks 130-149 13-16 weeks 150-199 21-28 weeks 200-249 30-40 weeks 250-299 52-65 weeks 300-374 80-100 weeks 375+ 103-129 weeks All A+ Offenses 180-224 weeks
OR
OPTION BMANIFEST INJUSTICE
A disposition outside the standard range shall be determined and shall be comprised of confinement or community supervision including posting a probation bond or a combination thereof. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding 30 days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range. This section expires July 1, 1998. Sec. 12. RCW 13.40.0357 and 1996 c 205 s 6 are each amended to read as follows:
((SCHEDULE A))
DESCRIPTION AND OFFENSE CATEGORY
juvenile juvenile dispositiondispositioncategory for attempt,offensebailjump, conspiracy,category description (rcw citation) or solicitation
Arson and Malicious Mischief A Arson 1 (9A.48.020) B+ B Arson 2 (9A.48.030) C C Reckless Burning 1 (9A.48.040) D D Reckless Burning 2 (9A.48.050) E B Malicious Mischief 1 (9A.48.070) C C Malicious Mischief 2 (9A.48.080) D D Malicious Mischief 3 (<$50 is E class) (9A.48.090) E E Tampering with Fire Alarm Apparatus (9.40.100) E A Possession of Incendiary Device (9.40.120) B+
Assault and Other Crimes Involving Physical Harm A Assault 1 (9A.36.011) B+ B+ Assault 2 (9A.36.021) C+ C+ Assault 3 (9A.36.031) D+ D+ Assault 4 (9A.36.041) E B+ Drive-By Shooting (9A.36.045) C+ D+ Reckless Endangerment (9A.36.050) E C+ Promoting Suicide Attempt (9A.36.060) D+ D+ Coercion (9A.36.070) E C+ Custodial Assault (9A.36.100) D+
Burglary and Trespass B+ Burglary 1 (9A.52.020) C+ B Residential Burglary (9A.52.025) C B Burglary 2 (9A.52.030) C D Burglary Tools (Possession of) (9A.52.060) E D Criminal Trespass 1 (9A.52.070) E E Criminal Trespass 2 (9A.52.080) E C Vehicle Prowling 1 (9A.52.095) D D Vehicle Prowling 2 (9A.52.100) E
Drugs E Possession/Consumption of Alcohol (66.44.270) E C Illegally Obtaining Legend Drug (69.41.020) D C+ Sale, Delivery, Possession of Legend Drug with Intent to Sell (69.41.030) D+ E Possession of Legend Drug (69.41.030) E B+ Violation of Uniform Controlled Substances Act - Narcotic or Methamphetamine Sale (69.50.401(a)(1)(i) or (ii)) B+ C Violation of Uniform Controlled Substances Act - Nonnarcotic Sale (69.50.401(a)(1)(iii)) C E Possession of Marihuana <40 grams (69.50.401(e)) E C Fraudulently Obtaining Controlled Substance (69.50.403) C C+ Sale of Controlled Substance for Profit (69.50.410) C+ E Unlawful Inhalation (9.47A.020) E B Violation of Uniform Controlled Substances Act - Narcotic or Methamphetamine Counterfeit Substances (69.50.401(b)(1)(i) or (ii)) B C Violation of Uniform Controlled Substances Act - Nonnarcotic Counterfeit Substances (69.50.401(b)(1) (iii), (iv), (v)) C C Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.401(d)) C C Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.401(c)) C
Firearms and Weapons B Theft of Firearm (9A.56.300) C B Possession of Stolen Firearm (9A.56.310) C E Carrying Loaded Pistol Without Permit (9.41.050) E C Possession of Firearms by Minor (<18) (9.41.040(1) (b)(((iv))) (iii)) C D+ Possession of Dangerous Weapon (9.41.250) E D Intimidating Another Person by use of Weapon (9.41.270) E
Homicide A+ Murder 1 (9A.32.030) A A+ Murder 2 (9A.32.050) B+ B+ Manslaughter 1 (9A.32.060) C+ C+ Manslaughter 2 (9A.32.070) D+ B+ Vehicular Homicide (46.61.520) C+
Kidnapping A Kidnap 1 (9A.40.020) B+ B+ Kidnap 2 (9A.40.030) C+ C+ Unlawful Imprisonment (9A.40.040) D+
Obstructing Governmental Operation ((E)) D Obstructing a Law Enforcement Officer (9A.76.020) E E Resisting Arrest (9A.76.040) E B Introducing Contraband 1 (9A.76.140) C C Introducing Contraband 2 (9A.76.150) D E Introducing Contraband 3 (9A.76.160) E B+ Intimidating a Public Servant (9A.76.180) C+ B+ Intimidating a Witness (9A.72.110) C+
Public Disturbance C+ Riot with Weapon (9A.84.010) D+ D+ Riot Without Weapon (9A.84.010) E E Failure to Disperse (9A.84.020) E E Disorderly Conduct (9A.84.030) E
Sex Crimes A Rape 1 (9A.44.040) B+ A- Rape 2 (9A.44.050) B+ C+ Rape 3 (9A.44.060) D+ A- Rape of a Child 1 (9A.44.073) B+ B+ Rape of a Child 2 (9A.44.076) C+ B Incest 1 (9A.64.020(1)) C C Incest 2 (9A.64.020(2)) D D+ Indecent Exposure (Victim <14) (9A.88.010) E E Indecent Exposure (Victim 14 or over) (9A.88.010) E B+ Promoting Prostitution 1 (9A.88.070) C+ C+ Promoting Prostitution 2 (9A.88.080) D+ E O & A (Prostitution) (9A.88.030) E B+ Indecent Liberties (9A.44.100) C+ ((B+)) ((C+)) A- Child Molestation 1 (9A.44.083) B+ ((C+)) B Child Molestation 2 (9A.44.086) C+
Theft, Robbery, Extortion, and Forgery B Theft 1 (9A.56.030) C C Theft 2 (9A.56.040) D D Theft 3 (9A.56.050) E B Theft of Livestock (9A.56.080) C C Forgery (9A.60.020) D A Robbery 1 (9A.56.200) B+ B+ Robbery 2 (9A.56.210) C+ B+ Extortion 1 (9A.56.120) C+ C+ Extortion 2 (9A.56.130) D+ B Possession of Stolen Property 1 (9A.56.150) C C Possession of Stolen Property 2 (9A.56.160) D D Possession of Stolen Property 3 (9A.56.170) E C Taking Motor Vehicle Without Owner's Permission (9A.56.070) D
Motor Vehicle Related Crimes E Driving Without a License (46.20.021) E C Hit and Run - Injury (46.52.020(4)) D D Hit and Run-Attended (46.52.020(5)) E E Hit and Run-Unattended (46.52.010) E C Vehicular Assault (46.61.522) D C Attempting to Elude Pursuing Police Vehicle (46.61.024) D E Reckless Driving (46.61.500) E D Driving While Under the Influence (46.61.502 and 46.61.504) E ((D Vehicle Prowling (9A.52.100) E C Taking Motor Vehicle Without Owner's Permission (9A.56.070) D))
Other B Bomb Threat (9.61.160) C C Escape 11 (9A.76.110) C C Escape 21 (9A.76.120) C D Escape 3 (9A.76.130) E E Obscene, Harassing, Etc., Phone Calls (9.61.230) E A Other Offense Equivalent to an Adult Class A Felony B+ B Other Offense Equivalent to an Adult Class B Felony C C Other Offense Equivalent to an Adult Class C Felony D D Other Offense Equivalent to an Adult Gross Misdemeanor E E Other Offense Equivalent to an Adult Misdemeanor E V Violation of Order of Restitution, Community Supervision, or Confinement (13.40.200)2 V
1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:
1st escape or attempted escape during 12-month period - 4 weeks confinement 2nd escape or attempted escape during 12-month period - 8 weeks confinement 3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement
2If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.
((SCHEDULE BPRIOR OFFENSE INCREASE FACTOR
For use with all CURRENT OFFENSES occurring on or after July 1, 1989.
TIME SPAN
OFFENSE 0-12 13-24 25 Months CATEGORY Months Months or MoreA+.9.9.9A.9.8.6A-.9.8.5B+.9.7.4B .9.6.3C+.6.3.2C .5.2.2D+ .3 .2 .1 D .2 .1 .1 E .1 .1 .1
Prior history - Any offense in which a diversion agreement or counsel and release form was signed, or any offense which has been adjudicated by court to be correct prior to the commission of the current offense(s).
SCHEDULE CCURRENT OFFENSE POINTS
For use with all CURRENT OFFENSES occurring on or after July 1, 1989.
AGE
OFFENSE 12 &CATEGORYUnder13 14 15 16 17. . . . . . . A+STANDARD RANGE 180-224 WEEKSA250300350375375375A- 150 150 150 200 200 200 B+ 110 110 120 130 140 150 B 45 45 50 50 57 57 C+ 44 44 49 49 55 55 C 40 40 45 45 50 50 D+ 16 18 20 22 24 26 D 14 16 18 20 22 24 E 4 4 4 6 8 10))
JUVENILE SENTENCING STANDARDS
((SCHEDULE D-1))
This schedule ((may only)) must be used for ((minor/first)) juvenile offenders. ((After the determination is made that a youth is a minor/first offender,)) The court ((has the discretion to)) may select sentencing option A, B, or C.
((MINOR/FIRST OFFENDER
OPTION ASTANDARD RANGE
Community Community ServicePoints Supervision Hours Fine. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1-9 0-3 months and/or 0-8 and/or 0-$1010-19 0-3 months and/or 0-8 and/or 0-$1020-29 0-3 months and/or 0-16 and/or 0-$1030-39 0-3 months and/or 8-24 and/or 0-$2540-49 3-6 months and/or 16-32 and/or 0-$2550-59 3-6 months and/or 24-40 and/or 0-$2560-69 6-9 months and/or 32-48 and/or 0-$5070-79 6-9 months and/or 40-56 and/or 0-$5080-89 9-12 months and/or 48-64 and/or 10-$10090-109 9-12 months and/or 56-72 and/or 10-$100
OR
OPTION BSTATUTORY OPTION
0-12 Months Community Supervision0-150 Hours Community Service0-100 FinePosting of a Probation Bond
A term of community supervision with a maximum of 150 hours, $100.00 fine, and 12 months supervision.
OR
OPTION CMANIFEST INJUSTICE
When a term of community supervision would effectuate a manifest injustice, another disposition may be imposed. When a judge imposes a sentence of confinement exceeding 30 days, the court shall sentence the juvenile to a maximum term and the provisions of RCW 13.40.030(2) shall be used to determine the range.
JUVENILE SENTENCING STANDARDSSCHEDULE D-2
This schedule may only be used for middle offenders. After the determination is made that a youth is a middle offender, the court has the discretion to select sentencing option A, B, or C.
MIDDLE OFFENDER
OPTION ASTANDARD RANGE
Community Community ServiceConfinementPointsSupervisionHoursFineDays Weeks1-90-3 monthsand/or 0-8 and/or 0-$10and/or 010-190-3 monthsand/or 0-8 and/or 0-$10and/or 020-290-3 months and/or 0-16 and/or 0-$10and/or 030-390-3 monthsand/or 8-24and/or 0-$25and/or 2-440-493-6 months and/or 16-32 and/or 0-$25and/or 2-450-593-6 monthsand/or 24-40and/or 0-$25and/or 5-1060-696-9 months and/or 32-48 and/or 0-$50and/or 5-1070-796-9 monthsand/or 40-56and/or 0-$50and/or 10-2080-89 9-12 months and/or 48-64 and/or 0-$100and/or 10-2090-1099-12 monthsand/or 56-72and/or 0-$100and/or 15-30110-1298-12130-14913-16150-19921-28200-24930-40250-29952-65300-37480-100375+ 103-129
Middle offenders with 110 points or more do not have to be committed. They may be assigned community supervision under option B.
All A+ offenses 180-224 weeks))OPTION AJUVENILE OFFENDER SENTENCING GRIDSTANDARD RANGE
A+180 WEEKS TO AGE 21 YEARSA103 WEEKS TO 129 WEEKSA-15-36|52-65|80-100|103-129WEEKS|WEEKS|WEEKS|WEEKSEXCEPT|||30-40 | ||WEEKS FOR |||15-17 | ||YEAR OLDS |||Current B+15-36|52-65 |80-100|103-129OffenseWEEKS |WEEKS |WEEKS |WEEKSCategory BLOCAL SANCTIONS (LS) | |52-65 |15-36 WEEKS|WEEKS C+ LS ||15-36 WEEKS CLS |15-36 WEEKS|Local Sanctions:0 to 30 Days D+ LS0 to 12 Months Community Supervision0 to 150 Hours Community Service DLS $0 to $500 Fine ELS 01 2 34 or morePRIOR ADJUDICATIONS
NOTE: References in the grid to days or weeks mean periods of confinement.
(1) The vertical axis of the grid is the current offense category. The current offense category is determined by the offense of adjudication. (2) The horizontal axis of the grid is the number of prior adjudications included in the juvenile's criminal history. Each prior felony adjudication shall count as one point. Each prior violation, misdemeanor, and gross misdemeanor adjudication shall count as 1/4 point. Fractional points shall be rounded down. (3) The standard range disposition for each offense is determined by the intersection of the column defined by the prior adjudications and the row defined by the current offense category. (4) RCW 13.40.180 applies if the offender is being sentenced for more than one offense. (5) A current offense that is a violation is equivalent to an offense category of E. However, a disposition for a violation shall not include confinement.
OR
OPTION B((STATUTORY OPTION))CHEMICAL DEPENDENCY DISPOSITION ALTERNATIVE
((0-12 Months Community Supervision0-150 Hours Community Service0-100 FinePosting of a Probation Bond
If the offender has less than 110 points, the court may impose a determinate disposition of community supervision and/or up to 30 days confinement; in which case, if confinement has been imposed, the court shall state either aggravating or mitigating factors as set forth in RCW 13.40.150.)) If the ((middle)) juvenile offender ((has 110 points or more)) is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court may impose a disposition under ((option A and may suspend the disposition on the condition that the offender serve up to thirty days of confinement and follow all conditions of community supervision. If the offender fails to comply with the terms of community supervision, the court may impose sanctions pursuant to RCW 13.40.200 or may revoke the suspended disposition and order execution of the disposition. If the court imposes confinement for offenders with 110 points or more, the court shall state either aggravating or mitigating factors set forth in RCW 13.40.150)) RCW 13.40.160(5) and section 26 of this act.
OR
OPTION CMANIFEST INJUSTICE
If the court determines that a disposition under option A or B would effectuate a manifest injustice, the court shall ((sentence the juvenile to a maximum term and the provisions of RCW 13.40.030(2) shall be used to determine the range)) impose a disposition outside the standard range under RCW 13.40.160(2).
((JUVENILE SENTENCING STANDARDSSCHEDULE D-3
This schedule may only be used for serious offenders. After the determination is made that a youth is a serious offender, the court has the discretion to select sentencing option A or B.
SERIOUS OFFENDEROPTION ASTANDARD RANGE
Points Institution Time. . . . . .
0-129 8-12 weeks 130-149 13-16 weeks 150-199 21-28 weeks 200-249 30-40 weeks 250-299 52-65 weeks 300-374 80-100 weeks 375+ 103-129 weeks All A+ Offenses 180-224 weeks
OR
OPTION BMANIFEST INJUSTICE
A disposition outside the standard range shall be determined and shall be comprised of confinement or community supervision including posting a probation bond or a combination thereof. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding 30 days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range.)) Sec. 13. RCW 13.40.040 and 1995 c 395 s 4 are each amended to read as follows: (1) A juvenile may be taken into custody: (a) Pursuant to a court order if a complaint is filed with the court alleging, and the court finds probable cause to believe, that the juvenile has committed an offense or has violated terms of a disposition order or release order; or (b) Without a court order, by a law enforcement officer if grounds exist for the arrest of an adult in identical circumstances. Admission to, and continued custody in, a court detention facility shall be governed by subsection (2) of this section; or (c) Pursuant to a court order that the juvenile be held as a material witness; or (d) Where the secretary or the secretary's designee has suspended the parole of a juvenile offender. (2) A juvenile may not be held in detention unless there is probable cause to believe that: (a) The juvenile has committed an offense or has violated the terms of a disposition order; and (i) The juvenile will likely fail to appear for further proceedings; or (ii) Detention is required to protect the juvenile from himself or herself; or (iii) The juvenile is a threat to community safety; or (iv) The juvenile will intimidate witnesses or otherwise unlawfully interfere with the administration of justice; or (v) The juvenile has committed a crime while another case was pending; or (b) The juvenile is a fugitive from justice; or (c) The juvenile's parole has been suspended or modified; or (d) The juvenile is a material witness. (3) Upon a finding that members of the community have threatened the health of a juvenile taken into custody, at the juvenile's request the court may order continued detention pending further order of the court. (4) A juvenile detained under this section may be released upon posting a probation bond set by the court. The juvenile's parent or guardian may sign for the probation bond. A court authorizing such a release shall issue an order containing a statement of conditions imposed upon the juvenile and shall set the date of his or her next court appearance. The court shall advise the juvenile of any conditions specified in the order and may at any time amend such an order in order to impose additional or different conditions of release upon the juvenile or to return the juvenile to custody for failing to conform to the conditions imposed. In addition to requiring the juvenile to appear at the next court date, the court may condition the probation bond on the juvenile's compliance with conditions of release. The juvenile's parent or guardian may notify the court that the juvenile has failed to conform to the conditions of release or the provisions in the probation bond. If the parent notifies the court of the juvenile's failure to comply with the probation bond, the court shall notify the surety. As provided in the terms of the bond, the surety shall provide notice to the court of the offender's noncompliance. A juvenile may be released only to a responsible adult or the department of social and health services. Failure to appear on the date scheduled by the court pursuant to this section shall constitute the crime of bail jumping. Sec. 14. RCW 13.40.045 and 1994 sp.s. c 7 s 518 are each amended to read as follows: The secretary, assistant secretary, or the secretary's designee shall issue arrest warrants for juveniles who escape from department residential custody. The secretary, assistant secretary, or the secretary's designee may issue arrest warrants for juveniles who abscond from parole supervision or fail to meet conditions of parole. These arrest warrants shall authorize any law enforcement, probation and parole, or peace officer of this state, or any other state where the juvenile is located, to arrest the juvenile and to place the juvenile in physical custody pending the juvenile's return to confinement in a state juvenile rehabilitation facility. Sec. 15. RCW 13.40.050 and 1995 c 395 s 5 are each amended to read as follows: (1) When a juvenile taken into custody is held in detention: (a) An information, a community supervision modification or termination of diversion petition, or a parole modification petition shall be filed within seventy-two hours, Saturdays, Sundays, and holidays excluded, or the juvenile shall be released; and (b) A detention hearing, a community supervision modification or termination of diversion petition, or a parole modification petition shall be held within seventy-two hours, Saturdays, Sundays, and holidays excluded, from the time of filing the information or petition, to determine whether continued detention is necessary under RCW 13.40.040. (2) Notice of the detention hearing, stating the time, place, and purpose of the hearing, ((and)) stating the right to counsel, and requiring attendance shall be given to the parent, guardian, or custodian if such person can be found and shall also be given to the juvenile if over twelve years of age. (3) At the commencement of the detention hearing, the court shall advise the parties of their rights under this chapter and shall appoint counsel as specified in this chapter. (4) The court shall, based upon the allegations in the information, determine whether the case is properly before it or whether the case should be treated as a diversion case under RCW 13.40.080. If the case is not properly before the court the juvenile shall be ordered released. (5) Notwithstanding a determination that the case is properly before the court and that probable cause exists, a juvenile shall at the detention hearing be ordered released on the juvenile's personal recognizance pending further hearing unless the court finds detention is necessary under RCW 13.40.040 ((as now or hereafter amended)). (6) If detention is not necessary under RCW 13.40.040, ((as now or hereafter amended,)) the court shall impose the most appropriate of the following conditions or, if necessary, any combination of the following conditions: (a) Place the juvenile in the custody of a designated person agreeing to supervise such juvenile; (b) Place restrictions on the travel of the juvenile during the period of release; (c) Require the juvenile to report regularly to and remain under the supervision of the juvenile court; (d) Impose any condition other than detention deemed reasonably necessary to assure appearance as required; (e) Require that the juvenile return to detention during specified hours; or (f) Require the juvenile to post a probation bond set by the court under terms and conditions as provided in RCW 13.40.040(4). (7) A juvenile may be released only to a responsible adult or the department. (8) If the parent, guardian, or custodian of the juvenile in detention is available, the court shall consult with them prior to a determination to further detain or release the juvenile or treat the case as a diversion case under RCW 13.40.080. (9) A person notified under this section who fails without reasonable cause to appear and abide by the order of the court may be proceeded against as for contempt of court. In determining whether a parent, guardian, or custodian had reasonable cause not to appear, the court may consider all factors relevant to the person's ability to appear as summoned. Sec. 16. RCW 13.40.060 and 1989 c 71 s 1 are each amended to read as follows: (1) All actions under this chapter shall be commenced and tried in the county where any element of the offense was committed except as otherwise specially provided by statute. In cases in which diversion is provided by statute, venue is in the county in which the juvenile resides or in the county in which any element of the offense was committed. (2) ((The case and copies of all legal and social documents pertaining thereto may in the discretion of the court be transferred to the county where the juvenile resides for a disposition hearing. All costs and arrangements for care and transportation of the juvenile in custody shall be the responsibility of the receiving county as of the date of the transfer of the juvenile to such county, unless the counties otherwise agree. (3))) The case and copies of all legal and social documents pertaining thereto may in the discretion of the court be transferred to the county in which the juvenile resides for supervision and enforcement of the disposition order. The court of the receiving county has jurisdiction to modify and enforce the disposition order. (((4))) (3) The court upon motion of any party or upon its own motion may, at any time, transfer a proceeding to another juvenile court when there is reason to believe that an impartial proceeding cannot be held in the county in which the proceeding was begun. Sec. 17. RCW 13.40.070 and 1994 sp.s. c 7 s 543 are each amended to read as follows: (1) Complaints referred to the juvenile court alleging the commission of an offense shall be referred directly to the prosecutor. The prosecutor, upon receipt of a complaint, shall screen the complaint to determine whether: (a) The alleged facts bring the case within the jurisdiction of the court; and (b) On a basis of available evidence there is probable cause to believe that the juvenile did commit the offense. (2) If the identical alleged acts constitute an offense under both the law of this state and an ordinance of any city or county of this state, state law shall govern the prosecutor's screening and charging decision for both filed and diverted cases. (3) If the requirements of subsections (1)(a) and (b) of this section are met, the prosecutor shall either file an information in juvenile court or divert the case, as set forth in subsections (5), (6), and (7) of this section. If the prosecutor finds that the requirements of subsection (1)(a) and (b) of this section are not met, the prosecutor shall maintain a record, for one year, of such decision and the reasons therefor. In lieu of filing an information or diverting an offense a prosecutor may file a motion to modify community supervision where such offense constitutes a violation of community supervision. (4) An information shall be a plain, concise, and definite written statement of the essential facts constituting the offense charged. It shall be signed by the prosecuting attorney and conform to chapter 10.37 RCW. (5) Where a case is legally sufficient, the prosecutor shall file an information with the juvenile court if: (a) An alleged offender is accused of a class A felony, a class B felony, an attempt to commit a class B felony, a class C felony listed in RCW 9.94A.440(2) as a crime against persons or listed in RCW 9A.46.060 as a crime of harassment, or a class C felony that is a violation of RCW 9.41.080 or ((9.41.040(1)(e), or any other offense listed in RCW 13.40.020(1) (b) or (c))) 9.41.040(1)(b)(iii); or (b) An alleged offender is accused of a felony and has a criminal history of any felony, or at least two gross misdemeanors, or at least two misdemeanors; or (c) An alleged offender has previously been committed to the department; or (d) An alleged offender has been referred by a diversion unit for prosecution or desires prosecution instead of diversion; or (e) An alleged offender has two or more diversion contracts on the alleged offender's criminal history; or (f) A special allegation has been filed that the offender or an accomplice was armed with a firearm when the offense was committed. (6) Where a case is legally sufficient the prosecutor shall divert the case if the alleged offense is a misdemeanor or gross misdemeanor or violation and the alleged offense is the offender's first offense or violation. If the alleged offender is charged with a related offense that must or may be filed under subsections (5) and (7) of this section, a case under this subsection may also be filed. (7) Where a case is legally sufficient and falls into neither subsection (5) nor (6) of this section, it may be filed or diverted. In deciding whether to file or divert an offense under this section the prosecutor shall be guided only by the length, seriousness, and recency of the alleged offender's criminal history and the circumstances surrounding the commission of the alleged offense. (8) Whenever a juvenile is placed in custody or, where not placed in custody, referred to a ((diversionary)) diversion interview, the parent or legal guardian of the juvenile shall be notified as soon as possible concerning the allegation made against the juvenile and the current status of the juvenile. Where a case involves victims of crimes against persons or victims whose property has not been recovered at the time a juvenile is referred to a ((diversionary)) diversion unit, the victim shall be notified of the referral and informed how to contact the unit. (9) The responsibilities of the prosecutor under subsections (1) through (8) of this section may be performed by a juvenile court probation counselor for any complaint referred to the court alleging the commission of an offense which would not be a felony if committed by an adult, if the prosecutor has given sufficient written notice to the juvenile court that the prosecutor will not review such complaints. (10) The prosecutor, juvenile court probation counselor, or diversion unit may, in exercising their authority under this section or RCW 13.40.080, refer juveniles to mediation or victim offender reconciliation programs. Such mediation or victim offender reconciliation programs shall be voluntary for victims. Sec. 18. RCW 13.40.077 and 1996 c 9 s 1 are each amended to read as follows:
RECOMMENDED PROSECUTING STANDARDSFOR CHARGING AND PLEA DISPOSITIONS
INTRODUCTION: These standards are intended solely for the guidance of prosecutors in the state of Washington. They are not intended to, do not, and may not be relied upon to create a right or benefit, substantive or procedural, enforceable at law by a party in litigation with the state. Evidentiary sufficiency. (1) Decision not to prosecute. STANDARD: A prosecuting attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where prosecution would serve no public purpose, would defeat the underlying purpose of the law in question, or would result in decreased respect for the law. The decision not to prosecute or divert shall not be influenced by the race, gender, religion, or creed of the suspect. GUIDELINES/COMMENTARY: Examples The following are examples of reasons not to prosecute which could satisfy the standard. (a) Contrary to Legislative Intent - It may be proper to decline to charge where the application of criminal sanctions would be clearly contrary to the intent of the legislature in enacting the particular statute. (b) Antiquated Statute - It may be proper to decline to charge where the statute in question is antiquated in that: (i) It has not been enforced for many years; (ii) Most members of society act as if it were no longer in existence; (iii) It serves no deterrent or protective purpose in today's society; and (iv) The statute has not been recently reconsidered by the legislature. This reason is not to be construed as the basis for declining cases because the law in question is unpopular or because it is difficult to enforce. (c) De Minimis Violation - It may be proper to decline to charge where the violation of law is only technical or insubstantial and where no public interest or deterrent purpose would be served by prosecution. (d) Confinement on Other Charges - It may be proper to decline to charge because the accused has been sentenced on another charge to a lengthy period of confinement; and (i) Conviction of the new offense would not merit any additional direct or collateral punishment; (ii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and (iii) Conviction of the new offense would not serve any significant deterrent purpose. (e) Pending Conviction on Another Charge - It may be proper to decline to charge because the accused is facing a pending prosecution in the same or another county; and (i) Conviction of the new offense would not merit any additional direct or collateral punishment; (ii) Conviction in the pending prosecution is imminent; (iii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and (iv) Conviction of the new offense would not serve any significant deterrent purpose. (f) High Disproportionate Cost of Prosecution - It may be proper to decline to charge where the cost of locating or transporting, or the burden on, prosecution witnesses is highly disproportionate to the importance of prosecuting the offense in question. The reason should be limited to minor cases and should not be relied upon in serious cases. (g) Improper Motives of Complainant - It may be proper to decline charges because the motives of the complainant are improper and prosecution would serve no public purpose, would defeat the underlying purpose of the law in question, or would result in decreased respect for the law. (h) Immunity - It may be proper to decline to charge where immunity is to be given to an accused in order to prosecute another where the accused information or testimony will reasonably lead to the conviction of others who are responsible for more serious criminal conduct or who represent a greater danger to the public interest. (i) Victim Request - It may be proper to decline to charge because the victim requests that no criminal charges be filed and the case involves the following crimes or situations: (i) Assault cases where the victim has suffered little or no injury; (ii) Crimes against property, not involving violence, where no major loss was suffered; (iii) Where doing so would not jeopardize the safety of society. Care should be taken to insure that the victim's request is freely made and is not the product of threats or pressure by the accused. The presence of these factors may also justify the decision to dismiss a prosecution which has been commenced. Notification The prosecutor is encouraged to notify the victim, when practical, and the law enforcement personnel, of the decision not to prosecute. (2) Decision to prosecute. STANDARD: Crimes against persons will be filed if sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify conviction by a reasonable and objective fact-finder. With regard to offenses prohibited by RCW 9A.44.040, 9A.44.050, 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, 9A.44.089, and 9A.64.020 the prosecutor should avoid prefiling agreements or diversions intended to place the accused in a program of treatment or counseling, so that treatment, if determined to be beneficial, can be proved under RCW 13.40.160(((5))) (4). Crimes against property/other crimes will be filed if the admissible evidence is of such convincing force as to make it probable that a reasonable and objective fact-finder would convict after hearing all the admissible evidence and the most plausible defense that could be raised. The categorization of crimes for these charging standards shall be the same as found in RCW 9.94A.440(2). The decision to prosecute or use diversion shall not be influenced by the race, gender, religion, or creed of the respondent. (3) Selection of Charges/Degree of Charge (a) The prosecutor should file charges which adequately describe the nature of the respondent's conduct. Other offenses may be charged only if they are necessary to ensure that the charges: (i) Will significantly enhance the strength of the state's case at trial; or (ii) Will result in restitution to all victims. (b) The prosecutor should not overcharge to obtain a guilty plea. Overcharging includes: (i) Charging a higher degree; (ii) Charging additional counts. This standard is intended to direct prosecutors to charge those crimes which demonstrate the nature and seriousness of a respondent's criminal conduct, but to decline to charge crimes which are not necessary to such an indication. Crimes which do not merge as a matter of law, but which arise from the same course of conduct, do not all have to be charged. (4) Police Investigation A prosecuting attorney is dependent upon law enforcement agencies to conduct the necessary factual investigation which must precede the decision to prosecute. The prosecuting attorney shall ensure that a thorough factual investigation has been conducted before a decision to prosecute is made. In ordinary circumstances the investigation should include the following: (a) The interviewing of all material witnesses, together with the obtaining of written statements whenever possible; (b) The completion of necessary laboratory tests; and (c) The obtaining, in accordance with constitutional requirements, of the suspect's version of the events. If the initial investigation is incomplete, a prosecuting attorney should insist upon further investigation before a decision to prosecute is made, and specify what the investigation needs to include. (5) Exceptions In certain situations, a prosecuting attorney may authorize filing of a criminal complaint before the investigation is complete if: (a) Probable cause exists to believe the suspect is guilty; and (b) The suspect presents a danger to the community or is likely to flee if not apprehended; or (c) The arrest of the suspect is necessary to complete the investigation of the crime. In the event that the exception ((that [to])) to the standard is applied, the prosecuting attorney shall obtain a commitment from the law enforcement agency involved to complete the investigation in a timely manner. If the subsequent investigation does not produce sufficient evidence to meet the normal charging standard, the complaint should be dismissed. (6) Investigation Techniques The prosecutor should be fully advised of the investigatory techniques that were used in the case investigation including: (a) Polygraph testing; (b) Hypnosis; (c) Electronic surveillance; (d) Use of informants. (7) Prefiling Discussions with Defendant Discussions with the defendant or his or her representative regarding the selection or disposition of charges may occur prior to the filing of charges, and potential agreements can be reached. (8) Plea dispositions: STANDARD (a) Except as provided in subsection (2) of this section, a respondent will normally be expected to plead guilty to the charge or charges which adequately describe the nature of his or her criminal conduct or go to trial. (b) In certain circumstances, a plea agreement with a respondent in exchange for a plea of guilty to a charge or charges that may not fully describe the nature of his or her criminal conduct may be necessary and in the public interest. Such situations may include the following: (i) Evidentiary problems which make conviction of the original charges doubtful; (ii) The respondent's willingness to cooperate in the investigation or prosecution of others whose criminal conduct is more serious or represents a greater public threat; (iii) A request by the victim when it is not the result of pressure from the respondent; (iv) The discovery of facts which mitigate the seriousness of the respondent's conduct; (v) The correction of errors in the initial charging decision; (vi) The respondent's history with respect to criminal activity; (vii) The nature and seriousness of the offense or offenses charged; (viii) The probable effect of witnesses. (c) No plea agreement shall be influenced by the race, gender, religion, or creed of the respondent. This includes but is not limited to the prosecutor's decision to utilize such disposition alternatives as (("Option B,")) the Special Sex Offender Disposition Alternative, the Chemical Dependency Disposition Alternative, and manifest injustice. (9) Disposition recommendations: STANDARD The prosecutor may reach an agreement regarding disposition recommendations. The prosecutor shall not agree to withhold relevant information from the court concerning the plea agreement. Sec. 19. RCW 13.40.100 and 1979 c 155 s 62 are each amended to read as follows: (1) Upon the filing of an information the alleged offender shall be notified by summons, warrant, or other method approved by the court of the next required court appearance. (2) If notice is by summons, the clerk of the court shall issue a summons directed to the juvenile, if the juvenile is twelve or more years of age, and another to the parents, guardian, or custodian, and such other persons as appear to the court to be proper or necessary parties to the proceedings, requiring them to appear personally before the court at the time fixed to hear the petition. Where the custodian is summoned, the parent or guardian or both shall also be served with a summons. (3) A copy of the information shall be attached to each summons. (4) The summons shall advise the parties of the right to counsel. (5) The judge may endorse upon the summons an order directing the parents, guardian, or custodian having the custody or control of the juvenile to bring the juvenile to the hearing. (6) If it appears from affidavit or sworn statement presented to the judge that there is probable cause for the issuance of a warrant of arrest or that the juvenile needs to be taken into custody pursuant to RCW 13.34.050((, as now or hereafter amended)), the judge may endorse upon the summons an order that an officer serving the summons shall at once take the juvenile into custody and take the juvenile to the place of detention or shelter designated by the court. (7) Service of summons may be made under the direction of the court by any law enforcement officer or probation counselor. (8) If the person summoned as herein provided fails without reasonable cause to appear and abide the order of the court, the person may be proceeded against as for contempt of court. In determining whether a parent, guardian, or custodian had reasonable cause not to appear, the court may consider all factors relevant to the person's ability to appear as summoned. Sec. 20. RCW 13.40.110 and 1990 c 3 s 303 are each amended to read as follows: (1) The prosecutor, respondent, or the court on its own motion may, before a hearing on the information on its merits, file a motion requesting the court to transfer the respondent for adult criminal prosecution and the matter shall be set for a hearing on the question of declining jurisdiction. Unless waived by the court, the parties, and their counsel, a decline hearing shall be held ((where)) when: (a) The respondent is fifteen, sixteen, or seventeen years of age and the information alleges a class A felony or an attempt, solicitation, or conspiracy to commit a class A felony; ((or)) (b) The respondent is seventeen years of age and the information alleges assault in the second degree, extortion in the first degree, indecent liberties, child molestation in the second degree, kidnapping in the second degree, or robbery in the second degree; or (c) The information alleges an escape by the respondent and the respondent is serving a minimum juvenile sentence to age twenty-one. (2) The court after a decline hearing may order the case transferred for adult criminal prosecution upon a finding that the declination would be in the best interest of the juvenile or the public. The court shall consider the relevant reports, facts, opinions, and arguments presented by the parties and their counsel. (3) When the respondent is transferred for criminal prosecution or retained for prosecution in juvenile court, the court shall set forth in writing its finding which shall be supported by relevant facts and opinions produced at the hearing. NEW SECTION. Sec. 21. A new section is added to chapter 13.40 RCW to read as follows: (1) A juvenile is eligible for deferred disposition unless he or she: (a) Is charged with a sex or violent offense; (b) Has a criminal history which includes any felony; (c) Has a prior deferred disposition or deferred adjudication; or (d) Has two or more diversions. (2) The juvenile court may, upon motion at least fourteen days before commencement of trial and, after consulting the juvenile's custodial parent or parents or guardian and with the consent of the juvenile, continue the case for disposition for a period not to exceed one year from the date the juvenile is found guilty. The court shall consider whether the offender and the community will benefit from a deferred disposition before deferring the disposition. (3) Any juvenile who agrees to a deferral of disposition shall: (a) Stipulate to the admissibility of the facts contained in the written police report; (b) Acknowledge that the report will be entered and used to support a finding of guilt and to impose a disposition if the juvenile fails to comply with terms of supervision; and (c) Waive the following rights to: (i) A speedy disposition; and (ii) call and confront witnesses. The adjudicatory hearing shall be limited to a reading of the court's record. (4) Following the stipulation, acknowledgment, waiver, and entry of a finding or plea of guilt, the court shall defer entry of an order of disposition of the juvenile. (5) Any juvenile granted a deferral of disposition under this section shall be placed under community supervision. The court may impose any conditions of supervision that it deems appropriate including posting a probation bond. Payment of restitution under RCW 13.40.190 shall be a condition of community supervision under this section. (6) A parent who signed for a probation bond has the right to notify the counselor if the juvenile fails to comply with the bond or conditions of supervision. The counselor shall notify the court and surety of any failure to comply. A surety shall notify the court of the juvenile's failure to comply with the probation bond. The state shall bear the burden to prove, by a preponderance of the evidence, that the juvenile has failed to comply with the terms of community supervision. (7) A juvenile's lack of compliance shall be determined by the judge upon written motion by the prosecutor or the juvenile's juvenile court community supervision counselor. If a juvenile fails to comply with terms of supervision, the court shall enter an order of disposition. (8) At any time following deferral of disposition the court may, following a hearing, continue the case for an additional one-year period for good cause. (9) At the conclusion of the period set forth in the order of deferral and upon a finding by the court of full compliance with conditions of supervision and payment of full restitution, the respondent's conviction shall be vacated and the court shall dismiss the case with prejudice. Sec. 22. RCW 13.40.130 and 1981 c 299 s 10 are each amended to read as follows: (1) The respondent shall be advised of the allegations in the information and shall be required to plead guilty or not guilty to the allegation(s). The state or the respondent may make preliminary motions up to the time of the plea. (2) If the respondent pleads guilty, the court may proceed with disposition or may continue the case for a dispositional hearing. If the respondent denies guilt, an adjudicatory hearing date shall be set. The court shall notify the parent, guardian, or custodian who has custody of a juvenile described in the charging document of the dispositional or adjudicatory hearing and shall require attendance. (3) At the adjudicatory hearing it shall be the burden of the prosecution to prove the allegations of the information beyond a reasonable doubt. (4) The court shall record its findings of fact and shall enter its decision upon the record. Such findings shall set forth the evidence relied upon by the court in reaching its decision. (5) If the respondent is found not guilty he or she shall be released from detention. (6) If the respondent is found guilty the court may immediately proceed to disposition or may continue the case for a dispositional hearing. Notice of the time and place of the continued hearing may be given in open court. If notice is not given in open court to a party, the party and the parent, guardian, or custodian who has custody of the juvenile shall be notified by mail of the time and place of the continued hearing. (7) The court following an adjudicatory hearing may request that a predisposition study be prepared to aid the court in its evaluation of the matters relevant to disposition of the case. (8) The disposition hearing shall be held within fourteen days after the adjudicatory hearing or plea of guilty unless good cause is shown for further delay, or within twenty-one days if the juvenile is not held in a detention facility, unless good cause is shown for further delay. (9) In sentencing an offender, the court shall use the disposition standards in effect on the date of the offense. (10) A person notified under this section who fails without reasonable cause to appear and abide by the order of the court may be proceeded against as for contempt of court. In determining whether a parent, guardian, or custodian had reasonable cause not to appear, the court may consider all factors relevant to the person's ability to appear as summoned. Sec. 23. RCW 13.40.135 and 1990 c 3 s 604 are each amended to read as follows: (1) The prosecuting attorney shall file a special allegation of sexual motivation in every juvenile offense other than sex offenses as defined in RCW 9.94A.030(((29))) (33) (a) or (c) when sufficient admissible evidence exists, which, when considered with the most plausible, reasonably consistent defense that could be raised under the evidence, would justify a finding of sexual motivation by a reasonable and objective fact-finder. (2) In a juvenile case wherein there has been a special allegation the state shall prove beyond a reasonable doubt that the juvenile committed the offense with a sexual motivation. The court shall make a finding of fact of whether or not the sexual motivation was present at the time of the commission of the offense. This finding shall not be applied to sex offenses as defined in RCW 9.94A.030(((29))) (33) (a) or (c). (3) The prosecuting attorney shall not withdraw the special allegation of "sexual motivation" without approval of the court through an order of dismissal. The court shall not dismiss the special allegation unless it finds that such an order is necessary to correct an error in the initial charging decision or unless there are evidentiary problems which make proving the special allegation doubtful. Sec. 24. RCW 13.40.150 and 1995 c 268 s 5 are each amended to read as follows: (1) In disposition hearings all relevant and material evidence, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value, even though such evidence may not be admissible in a hearing on the information. The youth or the youth's counsel and the prosecuting attorney shall be afforded an opportunity to examine and controvert written reports so received and to cross-examine individuals making reports when such individuals are reasonably available, but sources of confidential information need not be disclosed. The prosecutor and counsel for the juvenile may submit recommendations for disposition. (2) For purposes of disposition: (a) Violations which are current offenses count as misdemeanors; (b) Violations may not count as part of the offender's criminal history; (c) In no event may a disposition for a violation include confinement. (3) Before entering a dispositional order as to a respondent found to have committed an offense, the court shall hold a disposition hearing, at which the court shall: (a) Consider the facts supporting the allegations of criminal conduct by the respondent; (b) Consider information and arguments offered by parties and their counsel; (c) Consider any predisposition reports; (d) Consult with the respondent's parent, guardian, or custodian on the appropriateness of dispositional options under consideration and afford the respondent and the respondent's parent, guardian, or custodian an opportunity to speak in the respondent's behalf; (e) Allow the victim or a representative of the victim and an investigative law enforcement officer to speak; (f) Determine the amount of restitution owing to the victim, if any, or set a hearing for a later date to determine the amount; (g) Determine ((whether the respondent is a serious offender, a middle offender, or a minor or first offender)) the respondent's offender score; (h) Consider whether or not any of the following mitigating factors exist: (i) The respondent's conduct neither caused nor threatened serious bodily injury or the respondent did not contemplate that his or her conduct would cause or threaten serious bodily injury; (ii) The respondent acted under strong and immediate provocation; (iii) The respondent was suffering from a mental or physical condition that significantly reduced his or her culpability for the offense though failing to establish a defense; (iv) Prior to his or her detection, the respondent compensated or made a good faith attempt to compensate the victim for the injury or loss sustained; and (v) There has been at least one year between the respondent's current offense and any prior criminal offense; (i) Consider whether or not any of the following aggravating factors exist: (i) In the commission of the offense, or in flight therefrom, the respondent inflicted or attempted to inflict serious bodily injury to another; (ii) The offense was committed in an especially heinous, cruel, or depraved manner; (iii) The victim or victims were particularly vulnerable; (iv) The respondent has a recent criminal history or has failed to comply with conditions of a recent dispositional order or diversion agreement; (v) The current offense included a finding of sexual motivation pursuant to RCW 13.40.135; (vi) The respondent was the leader of a criminal enterprise involving several persons; ((and)) (vii) There are other complaints which have resulted in diversion or a finding or plea of guilty but which are not included as criminal history; and (viii) The standard range disposition is clearly too lenient considering the seriousness of the juvenile's prior adjudications. (4) The following factors may not be considered in determining the punishment to be imposed: (a) The sex of the respondent; (b) The race or color of the respondent or the respondent's family; (c) The creed or religion of the respondent or the respondent's family; (d) The economic or social class of the respondent or the respondent's family; and (e) Factors indicating that the respondent may be or is a dependent child within the meaning of this chapter. (5) A court may not commit a juvenile to a state institution solely because of the lack of facilities, including treatment facilities, existing in the community. Sec. 25. RCW 13.40.160 and 1995 c 395 s 7 are each amended to read as follows: (1) ((When the respondent is found to be a serious offender, the court shall commit the offender to the department for the standard range of disposition for the offense, as indicated in option A of schedule D-3, RCW 13.40.0357 except as provided in subsections (5) and (6) of this section.)) The standard range disposition for a juvenile adjudicated of an offense is determined according to RCW 13.40.0357. (a) When the court sentences an offender to a local sanction as provided in RCW 13.40.0357 option A, the court shall impose a determinate disposition within the standard ranges, except as provided in subsections (2), (4), and (5) of this section. The disposition may be comprised of one or more local sanctions. (b) When the court sentences an offender to a standard range as provided in RCW 13.40.0357 option A that includes a term of confinement exceeding thirty days, commitment shall be to the department for the standard range of confinement, except as provided in subsections (2), (4), and (5) of this section. (2) If the court concludes, and enters reasons for its conclusion, that disposition within the standard range would effectuate a manifest injustice the court shall impose a disposition outside the standard range, as indicated in option ((B)) C of ((schedule D-3,)) RCW 13.40.0357. The court's finding of manifest injustice shall be supported by clear and convincing evidence. A disposition outside the standard range shall be determinate and shall be comprised of confinement or community supervision, or a combination thereof. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range. A disposition outside the standard range is appealable under RCW 13.40.230 by the state or the respondent. A disposition within the standard range is not appealable under RCW 13.40.230. (((2) Where the respondent is found to be a minor or first offender, the court shall order that the respondent serve a term of community supervision as indicated in option A or option B of schedule D-1, RCW 13.40.0357 except as provided in subsections (5) and (6) of this section. If the court determines that a disposition of community supervision would effectuate a manifest injustice the court may impose another disposition under option C of schedule D-1, RCW 13.40.0357. Except as provided in subsection (5) of this section, a disposition other than a community supervision may be imposed only after the court enters reasons upon which it bases its conclusions that imposition of community supervision would effectuate a manifest injustice. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range. The court's finding of manifest injustice shall be supported by clear and convincing evidence. Except for disposition of community supervision or a disposition imposed pursuant to subsection (5) of this section, disposition may be appealed as provided in RCW 13.40.230 by the state or the respondent. A disposition of community supervision or a disposition imposed pursuant to subsection (5) of this section may not be appealed under RCW 13.40.230.)) (3) Where a respondent is found to have committed an offense for which the respondent declined to enter into a diversion agreement, the court shall impose a term of community supervision limited to the conditions allowed in a diversion agreement as provided in RCW 13.40.080(2). (4) ((If a respondent is found to be a middle offender: (a) The court shall impose a determinate disposition within the standard range(s) for such offense, as indicated in option A of schedule D-2, RCW 13.40.0357 except as provided in subsections (5) and (6) of this section. If the standard range includes a term of confinement exceeding thirty days, commitment shall be to the department for the standard range of confinement; or (b) If the middle offender has less than 110 points, the court shall impose a determinate disposition of community supervision and/or up to thirty days confinement, as indicated in option B of schedule D-2, RCW 13.40.0357 in which case, if confinement has been imposed, the court shall state either aggravating or mitigating factors as set forth in RCW 13.40.150. If the middle offender has 110 points or more, the court may impose a disposition under option A and may suspend the disposition on the condition that the offender serve up to thirty days of confinement and follow all conditions of community supervision. If the offender violates any condition of the disposition including conditions of a probation bond, the court may impose sanctions pursuant to RCW 13.40.200 or may revoke the suspension and order execution of the disposition. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked. (c) Only if the court concludes, and enters reasons for its conclusions, that disposition as provided in subsection (4) (a) or (b) of this section would effectuate a manifest injustice, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range. The court's finding of manifest injustice shall be supported by clear and convincing evidence. (d) A disposition pursuant to subsection (4)(c) of this section is appealable under RCW 13.40.230 by the state or the respondent. A disposition pursuant to subsection (4) (a) or (b) of this section is not appealable under RCW 13.40.230. (5))) When a ((serious, middle, or minor first)) juvenile offender is found to have committed a sex offense, other than a sex offense that is also a serious violent offense as defined by RCW 9.94A.030, and has no history of a prior sex offense, the court, on its own motion or the motion of the state or the respondent, may order an examination to determine whether the respondent is amenable to treatment. The report of the examination shall include at a minimum the following: The respondent's version of the facts and the official version of the facts, the respondent's offense history, an assessment of problems in addition to alleged deviant behaviors, the respondent's social, educational, and employment situation, and other evaluation measures used. The report shall set forth the sources of the evaluator's information. The examiner shall assess and report regarding the respondent's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum: (a)(i) Frequency and type of contact between the offender and therapist; (ii) Specific issues to be addressed in the treatment and description of planned treatment modalities; (iii) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others; (iv) Anticipated length of treatment; and (v) Recommended crime-related prohibitions. The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion. The defendant shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost. After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this special sex offender disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section. If the court determines that this special sex offender disposition alternative is appropriate, then the court shall impose a determinate disposition within the standard range for the offense, or if the court concludes, and enters reasons for its conclusions, that such disposition would cause a manifest injustice, the court shall impose a disposition under option C, and the court may suspend the execution of the disposition and place the offender on community supervision for ((up to)) at least two years. As a condition of the suspended disposition, the court may impose the conditions of community supervision and other conditions, including up to thirty days of confinement and requirements that the offender do any one or more of the following: (b)(i) Devote time to a specific education, employment, or occupation; (ii) Undergo available outpatient sex offender treatment for up to two years, or inpatient sex offender treatment not to exceed the standard range of confinement for that offense. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The respondent shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the probation counselor, and the court, and shall not change providers without court approval after a hearing if the prosecutor or probation counselor object to the change; (iii) Remain within prescribed geographical boundaries and notify the court or the probation counselor prior to any change in the offender's address, educational program, or employment; (iv) Report to the prosecutor and the probation counselor prior to any change in a sex offender treatment provider. This change shall have prior approval by the court; (v) Report as directed to the court and a probation counselor; (vi) Pay all court-ordered legal financial obligations, perform community service, or any combination thereof; (vii) Make restitution to the victim for the cost of any counseling reasonably related to the offense; or (viii) Comply with the conditions of any court-ordered probation bond. The sex offender treatment provider shall submit quarterly reports on the respondent's progress in treatment to the court and the parties. The reports shall reference the treatment plan and include at a minimum the following: Dates of attendance, respondent's compliance with requirements, treatment activities, the respondent's relative progress in treatment, and any other material specified by the court at the time of the disposition. At the time of the disposition, the court may set treatment review hearings as the court considers appropriate. Except as provided in this subsection (((5))) (4), after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW. A sex offender therapist who examines or treats a juvenile sex offender pursuant to this subsection does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that: (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (((5))) (4) and the rules adopted by the department of health. If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may revoke the suspension and order execution of the disposition or the court may impose a penalty of up to thirty days' confinement for violating conditions of the disposition. The court may order both execution of the disposition and up to thirty days' confinement for the violation of the conditions of the disposition. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked. For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged. "Victim" may also include a known parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense. (((6))) A disposition entered under this subsection (4) is not appealable under RCW 13.40.230. (5) If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court may impose the disposition alternative under section 26 of this act. (6) RCW 13.40.193 shall govern the disposition of any juvenile adjudicated of possessing a firearm in violation of RCW 9.41.040(1)(((e))) (b)(iii) or any crime in which a special finding is entered that the juvenile was armed with a firearm. (7) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served. (8) Except as provided ((for in)) under subsection (4)(((b))) or (5) of this section or ((RCW 13.40.125)) section 21 of this act, the court shall not suspend or defer the imposition or the execution of the disposition. (9) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense. NEW SECTION. Sec. 26. A new section is added to chapter 13.40 RCW to read as follows: (1) When a juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court, on its own motion or the motion of the state or the respondent if the evidence shows that the offender may be chemically dependent, may order an examination by a chemical dependency counselor from a chemical dependency treatment facility approved under chapter 70.96A RCW to determine if the youth is chemically dependent and amenable to treatment. (2) The report of the examination shall include at a minimum the following: The respondent's version of the facts and the official version of the facts, the respondent's offense history, an assessment of drug-alcohol problems and previous treatment attempts, the respondent's social, educational, and employment situation, and other evaluation measures used. The report shall set forth the sources of the examiner's information. (3) The examiner shall assess and report regarding the respondent's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum: (a) Whether inpatient and/or outpatient treatment is recommended; (b) Availability of appropriate treatment; (c) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others; (d) Anticipated length of treatment; (e) Recommended crime-related prohibitions; and (f) Whether the respondent is amenable to treatment. (4) The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion. The defendant shall pay the cost of any examination ordered under this subsection (4) or subsection (1) of this section unless the court finds that the offender is indigent and no third party insurance coverage is available, in which case the state shall pay the cost. (5)(a) After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this chemical dependency disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section. (b) If the court determines that this chemical dependency disposition alternative is appropriate, then the court shall impose the standard range for the offense, suspend execution of the disposition, and place the offender on community supervision for up to one year. As a condition of the suspended disposition, the court shall require the offender to undergo available outpatient drug/alcohol treatment and/or inpatient drug/alcohol treatment. For purposes of this section, the sum of confinement time and inpatient treatment may not exceed ninety days. As a condition of the suspended disposition, the court may impose conditions of community supervision and other sanctions, including up to thirty days of confinement, one hundred fifty hours of community service, and payment of legal financial obligations and restitution. (6) The drug/alcohol treatment provider shall submit monthly reports on the respondent's progress in treatment to the court and the parties. The reports shall reference the treatment plan and include at a minimum the following: Dates of attendance, respondent's compliance with requirements, treatment activities, the respondent's relative progress in treatment, and any other material specified by the court at the time of the disposition. At the time of the disposition, the court may set treatment review hearings as the court considers appropriate. If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may revoke the suspension and order execution of the disposition. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked. (7) For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the offense charged. (8) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served. (9) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense. (10) A disposition under this section is not appealable under RCW 13.40.230. NEW SECTION. Sec. 27. The University of Washington shall develop standards for measuring effectiveness of treatment programs established under section 26 of this act. The standards shall be developed and presented to the governor and legislature not later than January 1, 1998. The standards shall include methods for measuring success factors following treatment. Success factors shall include, but need not be limited to, continued use of alcohol or controlled substances, arrests, violations of terms of community supervision, and convictions for subsequent offenses. NEW SECTION. Sec. 28. A new section is added to chapter 70.96A RCW to read as follows: The department shall prioritize expenditures for treatment provided under section 26 of this act. The department shall provide funds for inpatient and outpatient treatment providers that are the most successful, using the standards developed by the University of Washington under section 27, chapter . . ., Laws of 1997 (section 27 of this act). The department may consider variations between the nature of the programs provided and clients served but must provide funds first for those programs that demonstrate the greatest success in treatment within categories of treatment and the nature of the persons receiving treatment. The department shall, not later than January 1st of each year, provide a report to the governor and the legislature on the success rates of programs funded under this section. Sec. 29. RCW 13.40.190 and 1996 c 124 s 2 are each amended to read as follows: (1) In its dispositional order, the court shall require the respondent to make restitution to any persons who have suffered loss or damage as a result of the offense committed by the respondent. In addition, restitution may be ordered for loss or damage if the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which, pursuant to a plea agreement, are not prosecuted. The payment of restitution shall be in addition to any punishment which is imposed pursuant to the other provisions of this chapter. The court may determine the amount, terms, and conditions of the restitution including a payment plan extending up to ten years if the court determines that the respondent does not have the means to make full restitution over a shorter period. Restitution may include the costs of counseling reasonably related to the offense. If the respondent participated in the crime with another person or other persons, all such participants shall be jointly and severally responsible for the payment of restitution. For the purposes of this section, the respondent shall remain under the court's jurisdiction for a maximum term of ten years after the respondent's eighteenth birthday. ((The court may not require the respondent to pay full or partial restitution if the respondent reasonably satisfies the court that he or she does not have the means to make full or partial restitution and could not reasonably acquire the means to pay such restitution over a ten-year period.)) (2) Regardless of the provisions of subsection (1) of this section, the court shall order restitution in all cases where the victim is entitled to benefits under the crime victims' compensation act, chapter 7.68 RCW. If the court does not order restitution and the victim of the crime has been determined to be entitled to benefits under the crime victims' compensation act, the department of labor and industries, as administrator of the crime victims' compensation program, may petition the court within one year of entry of the disposition order for entry of a restitution order. Upon receipt of a petition from the department of labor and industries, the court shall hold a restitution hearing and shall enter a restitution order. (3) If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order. The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments. (4) A respondent under obligation to pay restitution may petition the court for modification of the restitution order. Sec. 30. RCW 13.40.193 and 1994 sp.s. c 7 s 525 are each amended to read as follows: (1) If a respondent is found to have been in possession of a firearm in violation of RCW 9.41.040(1)(((e))) (b)(iii), the court shall impose a ((determinate)) minimum disposition of ten days of confinement ((and up to twelve months of community supervision)). If the offender's standard range of disposition for the offense as indicated in RCW 13.40.0357 is more than thirty days of confinement, the court shall commit the offender to the department for the standard range disposition. The offender shall not be released until the offender has served a minimum of ten days in confinement. (2) If the court finds that the respondent or an accomplice was armed with a firearm, the court shall determine the standard range disposition for the offense pursuant to RCW 13.40.160. ((Ninety days of confinement shall be added to the entire standard range disposition of confinement)) If the offender or an accomplice was armed with a firearm when the offender committed((: (a) Any violent offense; or (b) escape in the first degree; burglary in the second degree; theft of livestock in the first or second degree; or any felony drug offense. If the offender or an accomplice was armed with a firearm and the offender is being adjudicated for an anticipatory felony offense under chapter 9A.28 RCW to commit one of the offenses listed in this subsection, ninety days shall be added to the entire standard range disposition of confinement)) any felony other than possession of a machine gun, possession of a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, or use of a machine gun in a felony, the following periods of total confinement must be added to the sentence: For a class A felony, six months; for a class B felony, four months; and for a class C felony, two months. The ((ninety days)) additional time shall be imposed regardless of the offense's juvenile disposition offense category as designated in RCW 13.40.0357. ((The department shall not release the offender until the offender has served a minimum of ninety days in confinement, unless the juvenile is committed to and successfully completes the juvenile offender basic training camp disposition option.)) (3) ((Option B of schedule D-2, RCW 13.40.0357, shall not be available for middle offenders who receive a disposition under this section.)) When a disposition under this section would effectuate a manifest injustice, the court may impose another disposition. When a judge finds a manifest injustice and imposes a disposition of confinement exceeding thirty days, the court shall commit the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range. When a judge finds a manifest injustice and imposes a disposition of confinement less than thirty days, the disposition shall be comprised of confinement or community supervision or both. (4) Any term of confinement ordered pursuant to this section ((may)) shall run ((concurrently)) consecutively to any term of confinement imposed in the same disposition for other offenses. Sec. 31. RCW 13.40.200 and 1995 c 395 s 8 are each amended to read as follows: (1) When a respondent fails to comply with an order of restitution, community supervision, penalty assessments, or confinement of less than thirty days, the court upon motion of the prosecutor or its own motion, may modify the order after a hearing on the violation. (2) The hearing shall afford the respondent the same due process of law as would be afforded an adult probationer. The court may issue a summons or a warrant to compel the respondent's appearance. The state shall have the burden of proving by a preponderance of the evidence the fact of the violation. The respondent shall have the burden of showing that the violation was not a willful refusal to comply with the terms of the order. If a respondent has failed to pay a fine, penalty assessments, or restitution or to perform community service hours, as required by the court, it shall be the respondent's burden to show that he or she did not have the means and could not reasonably have acquired the means to pay the fine, penalty assessments, or restitution or perform community service. (3)(((a))) If the court finds that a respondent has willfully violated the terms of an order pursuant to subsections (1) and (2) of this section, it may impose a penalty of up to thirty days' confinement. Penalties for multiple violations occurring prior to the hearing shall not be aggregated to exceed thirty days' confinement. Regardless of the number of times a respondent is brought to court for violations of the terms of a single disposition order, the combined total number of days spent by the respondent in detention shall never exceed the maximum term to which an adult could be sentenced for the underlying offense. (((b) If the violation of the terms of the order under (a) of this subsection is failure to pay fines, penalty assessments, complete community service, or make restitution, the term of confinement imposed under (a) of this subsection shall be assessed at a rate of one day of confinement for each twenty-five dollars or eight hours owed.)) (4) If a respondent has been ordered to pay a fine or monetary penalty and due to a change of circumstance cannot reasonably comply with the order, the court, upon motion of the respondent, may order that the unpaid fine or monetary penalty be converted to community service. The number of hours of community service in lieu of a monetary penalty or fine shall be converted at the rate of the prevailing state minimum wage per hour. The monetary penalties or fines collected shall be deposited in the county general fund. A failure to comply with an order under this subsection shall be deemed a failure to comply with an order of community supervision and may be proceeded against as provided in this section. (5) When a respondent has willfully violated the terms of a probation bond, the court may modify, revoke, or retain the probation bond as provided in RCW 13.40.054. Sec. 32. RCW 13.40.210 and 1994 sp.s. c 77 s 527 are each amended to read as follows: (1) The secretary shall, except in the case of a juvenile committed by a court to a term of confinement in a state institution outside the appropriate standard range for the offense(s) for which the juvenile was found to be guilty established pursuant to RCW 13.40.030, set a release or discharge date for each juvenile committed to its custody. The release or discharge date shall be within the prescribed range to which a juvenile has been committed except as provided in RCW 13.40.320 concerning offenders the department determines are eligible for the juvenile offender basic training camp program. Such dates shall be determined prior to the expiration of sixty percent of a juvenile's minimum term of confinement included within the prescribed range to which the juvenile has been committed. The secretary shall release any juvenile committed to the custody of the department within four calendar days prior to the juvenile's release date or on the release date set under this chapter. Days spent in the custody of the department shall be tolled by any period of time during which a juvenile has absented himself or herself from the department's supervision without the prior approval of the secretary or the secretary's designee. (2) The secretary shall monitor the average daily population of the state's juvenile residential facilities. When the secretary concludes that in-residence population of residential facilities exceeds one hundred five percent of the rated bed capacity specified in statute, or in absence of such specification, as specified by the department in rule, the secretary may recommend reductions to the governor. On certification by the governor that the recommended reductions are necessary, the secretary has authority to administratively release a sufficient number of offenders to reduce in-residence population to one hundred percent of rated bed capacity. The secretary shall release those offenders who have served the greatest proportion of their sentence. However, the secretary may deny release in a particular case at the request of an offender, or if the secretary finds that there is no responsible custodian, as determined by the department, to whom to release the offender, or if the release of the offender would pose a clear danger to society. The department shall notify the committing court of the release at the time of release if any such early releases have occurred as a result of excessive in-residence population. In no event shall an offender adjudicated of a violent offense be granted release under the provisions of this subsection. (3)(a) Following the juvenile's release under subsection (1) of this section, the secretary may require the juvenile to comply with a program of parole to be administered by the department in his or her community which shall last no longer than eighteen months, except that in the case of a juvenile sentenced for rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, or indecent liberties with forcible compulsion, the period of parole shall be twenty-four months and, in the discretion of the secretary, may be up to thirty-six months when the secretary finds that an additional period of parole is necessary and appropriate in the interests of public safety or to meet the ongoing needs of the juvenile. A parole program is mandatory for offenders released under subsection (2) of this section. The decision to place an offender on parole shall be based on an assessment by the department of the offender's risk for reoffending upon release. The department shall prioritize available parole resources to provide supervision and services to offenders at moderate to high risk for reoffending. (b) The secretary shall, for the period of parole, facilitate the juvenile's reintegration into his or her community and to further this goal shall require the juvenile to refrain from possessing a firearm or using a deadly weapon and refrain from committing new offenses and may require the juvenile to: (((a))) (i) Undergo available medical ((or)), psychiatric ((treatment)), drug and alcohol, sex offender, mental health, and other offense-related treatment services; (((b))) (ii) report as directed to a parole officer and/or designee; (((c))) (iii) pursue a course of study ((or)), vocational training, or employment; ((and (d))) (iv) notify the parole officer of the current address where he or she resides; (v) be present at a particular address during specified hours; (vi) remain within prescribed geographical boundaries ((and notify the department of any change in his or her address)); (vii) submit to electronic monitoring; (viii) refrain from using illegal drugs and alcohol, and submit to random urinalysis when requested by the assigned parole officer; (ix) refrain from contact with specific individuals or a specified class of individuals; (x) meet other conditions determined by the parole officer to further enhance the juvenile's reintegration into the community; (xi) pay any court-ordered fines or restitution; and (xii) perform community service. Community service for the purpose of this section means compulsory service, without compensation, performed for the benefit of the community by the offender. Community service may be performed through public or private organizations or through work crews. (c) The secretary may further require up to twenty-five percent of the highest risk juvenile offenders who are placed on parole to participate in an intensive supervision program. Offenders participating in an intensive supervision program shall be required to comply with all terms and conditions listed in (b) of this subsection and shall also be required to comply with the following additional terms and conditions: (i) Obey all laws and refrain from any conduct that threatens public safety; (ii) report at least once a week to an assigned community case manager; and (iii) meet all other requirements imposed by the community case manager related to participating in the intensive supervision program. As a part of the intensive supervision program, the secretary may require day reporting. (d) After termination of the parole period, the juvenile shall be discharged from the department's supervision. (4)(a) The department may also modify parole for violation thereof. If, after affording a juvenile all of the due process rights to which he or she would be entitled if the juvenile were an adult, the secretary finds that a juvenile has violated a condition of his or her parole, the secretary shall order one of the following which is reasonably likely to effectuate the purpose of the parole and to protect the public: (i) Continued supervision under the same conditions previously imposed; (ii) intensified supervision with increased reporting requirements; (iii) additional conditions of supervision authorized by this chapter; (iv) except as provided in (a)(v) of this subsection, imposition of a period of confinement not to exceed thirty days in a facility operated by or pursuant to a contract with the state of Washington or any city or county for a portion of each day or for a certain number of days each week with the balance of the days or weeks spent under supervision; and (v) the secretary may order any of the conditions or may return the offender to confinement ((in an institution)) for the remainder of the sentence range if the offense for which the offender was sentenced is rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, indecent liberties with forcible compulsion, or a sex offense that is also a serious violent offense as defined by RCW 9.94A.030. (b) If the department finds that any juvenile in a program of parole has possessed a firearm or used a deadly weapon during the program of parole, the department shall modify the parole under (a) of this subsection and confine the juvenile for at least thirty days. Confinement shall be in a facility operated by or pursuant to a contract with the state or any county. (5) A parole officer of the department of social and health services shall have the power to arrest a juvenile under his or her supervision on the same grounds as a law enforcement officer would be authorized to arrest the person. (6) If so requested and approved under chapter 13.06 RCW, the secretary shall permit a county or group of counties to perform functions under subsections (3) through (5) of this section. NEW SECTION. Sec. 33. The legislature finds the present system of transitioning youths from residential status to parole status to discharge is insufficient to provide adequate rehabilitation and public safety in many instances, particularly in cases of offenders at highest risk of reoffending. The legislature further finds that an intensive supervision program based on the following principles holds much promise for positively impacting recidivism rates for juvenile offenders: (1) Progressive increase in responsibility and freedom in the community; (2) facilitation of youths' interaction and involvement with their communities; (3) involvement of both the youth and targeted community support systems such as family, peers, schools, and employers, on the qualities needed for constructive interaction and successful adjustment with the community; (4) development of new resources, supports, and opportunities where necessary; and (5) ongoing monitoring and testing of youth on their ability to abide by community rules and standards. The legislature intends for the department to create an intensive supervision program based on the principles stated in this section that will be available to the highest risk juvenile offenders placed on parole. NEW SECTION. Sec. 34. A new section is added to chapter 13.40 RCW to read as follows: (1) The department shall, no later than January 1, 1999, implement an intensive supervision program as a part of its parole services that includes, at a minimum, the following program elements: (a) A process of case management involving coordinated and comprehensive planning, information exchange, continuity and consistency, service provision and referral, and monitoring. The components of the case management system shall include assessment, classification, and selection criteria; individual case planning that incorporates a family and community perspective; a mixture of intensive surveillance and services; a balance of incentives and graduated consequences coupled with the imposition of realistic, enforceable conditions; and service brokerage with community resources and linkage with social networks; (b) Administration of transition services that transcend traditional agency boundaries and professional interests and include courts, institutions, aftercare, education, social and mental health services, substance abuse treatment, and employment and vocational training; and (c) A plan for information management and program evaluation that maintains close oversight over implementation and quality control, and determines the effectiveness of both the processes and outcomes of the program. (2) The department shall report annually to the legislature, beginning December 1, 1999, on the department's progress in meeting the intensive supervision program evaluation goals required under subsection (1)(c) of this section. Sec. 35. RCW 13.40.230 and 1981 c 299 s 16 are each amended to read as follows: (1) Dispositions reviewed pursuant to RCW 13.40.160((, as now or hereafter amended,)) shall be reviewed in the appropriate division of the court of appeals. An appeal under this section shall be heard solely upon the record that was before the disposition court. No written briefs may be required, and the appeal shall be heard within thirty days following the date of sentencing and a decision rendered within fifteen days following the argument. The supreme court shall promulgate any necessary rules to effectuate the purposes of this section. (2) To uphold a disposition outside the standard range, ((or which imposes confinement for a minor or first offender,)) the court of appeals must find (a) that the reasons supplied by the disposition judge are supported by the record which was before the judge and that those reasons clearly and convincingly support the conclusion that a disposition within the range((, or nonconfinement for a minor or first offender,)) would constitute a manifest injustice, and (b) that the sentence imposed was neither clearly excessive nor clearly too lenient. (3) If the court does not find subsection (2)(a) of this section it shall remand the case for disposition within the standard range ((or for community supervision without confinement as would otherwise be appropriate pursuant to this chapter)). (4) If the court finds subsection (2)(a) but not subsection (2)(b) of this section it shall remand the case with instructions for further proceedings consistent with the provisions of this chapter. (5) ((Pending appeal, a respondent may not be committed or detained for a period of time in excess of the standard range for the offense(s) committed or sixty days, whichever is longer.)) The disposition court may impose conditions on release pending appeal as provided in RCW 13.40.040(4) and 13.40.050(6). ((Upon the expiration of the period of commitment or detention specified in this subsection, the court may also impose such conditions on the respondent's release pending disposition of the appeal.)) (6) Appeal of a disposition under this section does not affect the finality or appeal of the underlying adjudication of guilt. Sec. 36. RCW 13.40.250 and 1980 c 128 s 16 are each amended to read as follows: A traffic or civil infraction case involving a juvenile under the age of sixteen may be diverted in accordance with the provisions of this chapter or filed in juvenile court. (1) If a notice of a traffic or civil infraction is filed in juvenile court, the juvenile named in the notice shall be afforded the same due process afforded to adult defendants in traffic infraction cases. (2) A monetary penalty imposed upon a juvenile under the age of sixteen who is found to have committed a traffic or civil infraction may not exceed one hundred dollars. At the juvenile's request, the court may order performance of a number of hours of community service in lieu of a monetary penalty, at the rate of the prevailing state minimum wage per hour. (3) A diversion agreement entered into by a juvenile referred pursuant to this section shall be limited to thirty hours of community service, or educational or informational sessions. (4) If a case involving the commission of a traffic or civil infraction or offense by a juvenile under the age of sixteen has been referred to a diversion unit, an abstract of the action taken by the diversion unit may be forwarded to the department of licensing in the manner provided for in RCW 46.20.270(2). Sec. 37. RCW 13.40.265 and 1994 sp.s. c 7 s 435 are each amended to read as follows: (1)(a) If a juvenile thirteen years of age or older is found by juvenile court to have committed an offense while armed with a firearm or an offense that is a violation of RCW 9.41.040(1)(((e))) (b)(iii) or chapter 66.44, 69.41, 69.50, or 69.52 RCW, the court shall notify the department of licensing within twenty-four hours after entry of the judgment. (b) Except as otherwise provided in (c) of this subsection, upon petition of a juvenile who has been found by the court to have committed an offense that is a violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the court may at any time the court deems appropriate notify the department of licensing that the juvenile's driving privileges should be reinstated. (c) If the offense is the juvenile's first violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until ninety days after the date the juvenile turns sixteen or ninety days after the judgment was entered, whichever is later. If the offense is the juvenile's second or subsequent violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the date the juvenile turns seventeen or one year after the date judgment was entered, whichever is later. (2)(a) If a juvenile enters into a diversion agreement with a diversion unit pursuant to RCW 13.40.080 concerning an offense that is a violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the diversion unit shall notify the department of licensing within twenty-four hours after the diversion agreement is signed. (b) If a diversion unit has notified the department pursuant to (a) of this subsection, the diversion unit shall notify the department of licensing when the juvenile has completed the agreement. Sec. 38. RCW 13.40.320 and 1995 c 40 s 1 are each amended to read as follows: (1) The department of social and health services shall establish and operate a medium security juvenile offender basic training camp program. The department shall site a juvenile offender basic training camp facility in the most cost-effective facility possible and shall review the possibility of using an existing abandoned and/or available state, federally, or military-owned site or facility. (2) The department may contract under this chapter with private companies, the national guard, or other federal, state, or local agencies to operate the juvenile offender basic training camp, notwithstanding the provisions of RCW 41.06.380. Requests for proposals from possible contractors shall not call for payment on a per diem basis. (3) The juvenile offender basic training camp shall accommodate at least seventy offenders. The beds shall count as additions to, and not be used as replacements for, existing bed capacity at existing department of social and health services juvenile facilities. (4) The juvenile offender basic training camp shall be a structured and regimented model lasting one hundred twenty days emphasizing the building up of an offender's self-esteem, confidence, and discipline. The juvenile offender basic training camp program shall provide participants with basic education, prevocational training, work-based learning, live work, work ethic skills, conflict resolution counseling, substance abuse intervention, anger management counseling, and structured intensive physical training. The juvenile offender basic training camp program shall have a curriculum training and work schedule that incorporates a balanced assignment of these or other rehabilitation and training components for no less than sixteen hours per day, six days a week. The department shall adopt rules for the safe and effective operation of the juvenile offender basic training camp program, standards for an offender's successful program completion, and rules for the continued after-care supervision of offenders who have successfully completed the program. (5) Offenders eligible for the juvenile offender basic training camp option shall be those with a disposition of not more than ((seventy-eight)) sixty-five weeks. Violent and sex offenders shall not be eligible for the juvenile offender basic training camp program. (6) If the court determines that the offender is eligible for the juvenile offender basic training camp option, the court may recommend that the department place the offender in the program. The department shall evaluate the offender and may place the offender in the program. The evaluation shall include, at a minimum, a risk assessment developed by the department and designed to determine the offender's suitability for the program. No juvenile who is assessed as a high risk offender or suffers from any mental or physical problems that could endanger his or her health or drastically affect his or her performance in the program shall be admitted to or retained in the juvenile offender basic training camp program. (7) All juvenile offenders eligible for the juvenile offender basic training camp sentencing option shall spend one hundred twenty days of their disposition in a juvenile offender basic training camp. If the juvenile offender's activities while in the juvenile offender basic training camp are so disruptive to the juvenile offender basic training camp program, as determined by the secretary according to rules adopted by the department, as to result in the removal of the juvenile offender from the juvenile offender basic training camp program, or if the offender cannot complete the juvenile offender basic training camp program due to medical problems, the secretary shall require that the offender be committed to a juvenile institution to serve the entire remainder of his or her disposition, less the amount of time already served in the juvenile offender basic training camp program. (8) All offenders who successfully graduate from the one hundred twenty day juvenile offender basic training camp program shall spend the remainder of their disposition on parole in a division of juvenile rehabilitation intensive aftercare program in the local community. The program shall provide for the needs of the offender based on his or her progress in the aftercare program as indicated by ongoing assessment of those needs and progress. The intensive aftercare program shall monitor postprogram juvenile offenders and assist them to successfully reintegrate into the community. In addition, the program shall develop a process for closely monitoring and assessing public safety risks. The intensive aftercare program shall be designed and funded by the department of social and health services. (9) The department shall also develop and maintain a data base to measure recidivism rates specific to this incarceration program. The data base shall maintain data on all juvenile offenders who complete the juvenile offender basic training camp program for a period of two years after they have completed the program. The data base shall also maintain data on the criminal activity, educational progress, and employment activities of all juvenile offenders who participated in the program. ((The department shall produce an outcome evaluation report on the progress of the juvenile offender basic training camp program to the appropriate committees of the legislature no later than December 12, 1996.)) Sec. 39. RCW 13.50.010 and 1996 c 232 s 6 are each amended to read as follows: (1) For purposes of this chapter: (a) "Juvenile justice or care agency" means any of the following: Police, diversion units, court, prosecuting attorney, defense attorney, detention center, attorney general, the department of social and health services and its contracting agencies, schools; and, in addition, persons or public or private agencies having children committed to their custody; (b) "Official juvenile court file" means the legal file of the juvenile court containing the petition or information, motions, memorandums, briefs, findings of the court, and court orders; (c) "Social file" means the juvenile court file containing the records and reports of the probation counselor; (d) "Records" means the official juvenile court file, the social file, and records of any other juvenile justice or care agency in the case. (2) Each petition or information filed with the court may include only one juvenile and each petition or information shall be filed under a separate docket number. The social file shall be filed separately from the official juvenile court file. (3) It is the duty of any juvenile justice or care agency to maintain accurate records. To this end: (a) The agency may never knowingly record inaccurate information. Any information in records maintained by the department of social and health services relating to a petition filed pursuant to chapter 13.34 RCW that is found by the court, upon proof presented, to be false or inaccurate shall be corrected or expunged from such records by the agency; (b) An agency shall take reasonable steps to assure the security of its records and prevent tampering with them; and (c) An agency shall make reasonable efforts to insure the completeness of its records, including action taken by other agencies with respect to matters in its files. (4) Each juvenile justice or care agency shall implement procedures consistent with the provisions of this chapter to facilitate inquiries concerning records. (5) Any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency and who has been denied access to those records by the agency may make a motion to the court for an order authorizing that person to inspect the juvenile justice or care agency record concerning that person. The court shall grant the motion to examine records unless it finds that in the interests of justice or in the best interests of the juvenile the records or parts of them should remain confidential. (6) A juvenile, or his or her parents, or any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency may make a motion to the court challenging the accuracy of any information concerning the moving party in the record or challenging the continued possession of the record by the agency. If the court grants the motion, it shall order the record or information to be corrected or destroyed. (7) The person making a motion under subsection (5) or (6) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion. (8) The court may permit inspection of records by, or release of information to, any clinic, hospital, or agency which has the subject person under care or treatment. The court may also permit inspection by or release to individuals or agencies, including juvenile justice advisory committees of county law and justice councils, engaged in legitimate research for educational, scientific, or public purposes. The court may also permit inspection of, or release of information from, records which have been sealed pursuant to RCW 13.50.050(11). The court shall release to the sentencing guidelines commission records needed for its research and data-gathering functions under RCW 9.94A.040 and other statutes. Access to records or information for research purposes shall be permitted only if the anonymity of all persons mentioned in the records or information will be preserved. Each person granted permission to inspect juvenile justice or care agency records for research purposes shall present a notarized statement to the court stating that the names of juveniles and parents will remain confidential. (9) Juvenile detention facilities shall release records to the sentencing guidelines commission under RCW ((13.40.025 and)) 9.94A.040 upon request. The commission shall not disclose the names of any juveniles or parents mentioned in the records without the named individual's written permission. Sec. 40. RCW 13.50.050 and 1992 c 188 s 7 are each amended to read as follows: (1) This section governs records relating to the commission of juvenile offenses, including records relating to diversions. (2) The official juvenile court file of any alleged or proven juvenile offender shall be open to public inspection, unless sealed pursuant to subsection (11) of this section. (3) All records other than the official juvenile court file are confidential and may be released only as provided in this section, RCW 13.50.010, 13.40.215, and 4.24.550. (4) Except as otherwise provided in this section and RCW 13.50.010, records retained or produced by any juvenile justice or care agency may be released to other participants in the juvenile justice or care system only when an investigation or case involving the juvenile in question is being pursued by the other participant or when that other participant is assigned the responsibility for supervising the juvenile. (5) Except as provided in RCW 4.24.550, information not in an official juvenile court file concerning a juvenile or a juvenile's family may be released to the public only when that information could not reasonably be expected to identify the juvenile or the juvenile's family. (6) Notwithstanding any other provision of this chapter, the release, to the juvenile or his or her attorney, of law enforcement and prosecuting attorneys' records pertaining to investigation, diversion, and prosecution of juvenile offenses shall be governed by the rules of discovery and other rules of law applicable in adult criminal investigations and prosecutions. (7) The juvenile court and the prosecutor may set up and maintain a central record-keeping system which may receive information on all alleged juvenile offenders against whom a complaint has been filed pursuant to RCW 13.40.070 whether or not their cases are currently pending before the court. The central record-keeping system may be computerized. If a complaint has been referred to a diversion unit, the diversion unit shall promptly report to the juvenile court or the prosecuting attorney when the juvenile has agreed to diversion. An offense shall not be reported as criminal history in any central record-keeping system without notification by the diversion unit of the date on which the offender agreed to diversion. (8) Upon request of the victim of a crime or the victim's immediate family, the identity of an alleged or proven juvenile offender alleged or found to have committed a crime against the victim and the identity of the alleged or proven juvenile offender's parent, guardian, or custodian and the circumstance of the alleged or proven crime shall be released to the victim of the crime or the victim's immediate family. (9) Subject to the rules of discovery applicable in adult criminal prosecutions, the juvenile offense records of an adult criminal defendant or witness in an adult criminal proceeding shall be released upon request to prosecution and defense counsel after a charge has actually been filed. The juvenile offense records of any adult convicted of a crime and placed under the supervision of the adult corrections system shall be released upon request to the adult corrections system. (10) In any case in which an information has been filed pursuant to RCW 13.40.100 or a complaint has been filed with the prosecutor and referred for diversion pursuant to RCW 13.40.070, the person the subject of the information or complaint may file a motion with the court to have the court vacate its order and findings, if any, and, subject to subsection (((24))) (22) of this section, order the sealing of the official juvenile court file, the social file, and records of the court and of any other agency in the case. (11) The court shall grant the motion to seal records made pursuant to subsection (10) of this section if it finds that: (a) ((Two years have elapsed from the later of: (i) Final discharge of the person from the supervision of any agency charged with supervising juvenile offenders; or (ii) from the entry of a court order relating to the commission of a juvenile offense or a criminal offense)) For class B offenses other than sex offenses, since the last date of release from confinement, including full-time residential treatment, if any, or entry of disposition, the person has spent ten consecutive years in the community without committing any offense or crime that subsequently results in conviction. For class C offenses other than sex offenses, since the last date of release from confinement, including full-time residential treatment, if any, or entry of disposition, the person has spent five consecutive years in the community without committing any offense or crime that subsequently results in conviction; (b) No proceeding is pending against the moving party seeking the conviction of a juvenile offense or a criminal offense; ((and)) (c) No proceeding is pending seeking the formation of a diversion agreement with that person; (d) The person has not been convicted of a class A or sex offense; and (e) Full restitution has been paid. (12) The person making a motion pursuant to subsection (10) of this section shall give reasonable notice of the motion to the prosecution and to any person or agency whose files are sought to be sealed. (13) If the court grants the motion to seal made pursuant to subsection (10) of this section, it shall, subject to subsection (((24))) (22) of this section, order sealed the official juvenile court file, the social file, and other records relating to the case as are named in the order. Thereafter, the proceedings in the case shall be treated as if they never occurred, and the subject of the records may reply accordingly to any inquiry about the events, records of which are sealed. Any agency shall reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual. (14) Inspection of the files and records included in the order to seal may thereafter be permitted only by order of the court upon motion made by the person who is the subject of the information or complaint, except as otherwise provided in RCW 13.50.010(8) and subsection (((24))) (22) of this section. (15) Any adjudication of a juvenile offense or a crime subsequent to sealing has the effect of nullifying the sealing order. Any ((conviction for any)) charging of an adult felony subsequent to the sealing has the effect of nullifying the sealing order for the purposes of chapter 9.94A RCW ((for any juvenile adjudication of guilt for a class A offense or a sex offense as defined in RCW 9.94A.030)). (16) ((In any case in which an information has been filed pursuant to RCW 13.40.100 or a complaint has been filed with the prosecutor and referred for diversion pursuant to RCW 13.40.070, the person who is the subject of the information or complaint may file a motion with the court to have the court vacate its order and findings, if any, and, subject to subsection (24) of this section, order the destruction of the official juvenile court file, the social file, and records of the court and of any other agency in the case. (17) The court may grant the motion to destroy records made pursuant to subsection (16) of this section if it finds: (a) The person making the motion is at least twenty-three years of age; (b) The person has not subsequently been convicted of a felony; (c) No proceeding is pending against that person seeking the conviction of a criminal offense; and (d) The person has never been found guilty of a serious offense. (18))) A person eighteen years of age or older whose criminal history consists of only one referral for diversion may request that the court order the records in that case destroyed. The request shall be granted, subject to subsection (((24))) (22) of this section, if the court finds that two years have elapsed since completion of the diversion agreement. (((19))) (17) If the court grants the motion to destroy records made pursuant to subsection (16) ((or (18))) of this section, it shall, subject to subsection (((24))) (22) of this section, order the official juvenile court file, the social file, and any other records named in the order to be destroyed. (((20))) (18) The person making the motion pursuant to subsection (16) ((or (18))) of this section shall give reasonable notice of the motion to the prosecuting attorney and to any agency whose records are sought to be destroyed. (((21))) (19) Any juvenile to whom the provisions of this section may apply shall be given written notice of his or her rights under this section at the time of his or her disposition hearing or during the diversion process. (((22))) (20) Nothing in this section may be construed to prevent a crime victim or a member of the victim's family from divulging the identity of the alleged or proven juvenile offender or his or her family when necessary in a civil proceeding. (((23))) (21) Any juvenile justice or care agency may, subject to the limitations in subsection (((24))) (22) of this section and ((subparagraphs)) (a) and (b) of this subsection, develop procedures for the routine destruction of records relating to juvenile offenses and diversions. (a) Records may be routinely destroyed only when the person the subject of the information or complaint has attained twenty-three years of age or older, or is eighteen years of age or older and his or her criminal history consists entirely of one diversion agreement and two years have passed since completion of the agreement. (b) The court may not routinely destroy the official juvenile court file or recordings or transcripts of any proceedings. (((24))) (22) No identifying information held by the Washington state patrol in accordance with chapter 43.43 RCW is subject to destruction or sealing under this section. For the purposes of this subsection, identifying information includes photographs, fingerprints, palmprints, soleprints, toeprints and any other data that identifies a person by physical characteristics, name, birthdate or address, but does not include information regarding criminal activity, arrest, charging, diversion, conviction or other information about a person's treatment by the criminal justice system or about the person's behavior. (((25))) (23) Information identifying child victims under age eighteen who are victims of sexual assaults by juvenile offenders is confidential and not subject to release to the press or public without the permission of the child victim or the child's legal guardian. Identifying information includes the child victim's name, addresses, location, photographs, and in cases in which the child victim is a relative of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator. Information identifying a child victim of sexual assault may be released to law enforcement, prosecutors, judges, defense attorneys, or private or governmental agencies that provide services to the child victim of sexual assault. Sec. 41. RCW 72.01.410 and 1994 c 220 s 1 are each amended to read as follows: (1) Whenever any child under the age of eighteen is convicted in the courts of this state of a crime amounting to a felony, and is committed for a term of confinement in a correctional institution wherein adults are confined, the secretary of corrections, after making an independent assessment and evaluation of the child and determining that the needs and correctional goals for the child could better be met by the programs and housing environment provided by the juvenile correctional institution, with the consent of the secretary of social and health services, may transfer such child to a juvenile correctional institution, or to such other institution as is now, or may hereafter be authorized by law to receive such child, until such time as the child arrives at the age of twenty-one years, whereupon the child shall be returned to the institution of original commitment. Retention within a juvenile detention facility or return to an adult correctional facility shall regularly be reviewed by the secretary of corrections and the secretary of social and health services with a determination made based on the level of maturity and sophistication of the individual, the behavior and progress while within the juvenile detention facility, security needs, and the program/treatment alternatives which would best prepare the individual for a successful return to the community. Notice of such transfers shall be given to the clerk of the committing court and the parents, guardian, or next of kin of such child, if known. (2)(a) Except as provided in (b) of this subsection, an offender under the age of eighteen who is convicted in adult criminal court and who is committed to a term of confinement at the department of corrections must be placed in a housing unit, or a portion of a housing unit, that is separated from offenders eighteen years of age or older, until the offender reaches the age of eighteen. (b) An offender under the age of eighteen may be housed in an intensive management unit or administrative segregation unit containing offenders eighteen years of age or older if it is necessary for the safety or security of the offender or staff. In these cases, the offender shall be kept physically separate from other offenders at all times. NEW SECTION. Sec. 42. A new section is added to chapter 72.01 RCW to read as follows: An offender under the age of eighteen who is convicted in adult criminal court of a crime and who is committed for a term of confinement in a jail as defined in RCW 70.48.020, must be housed in a jail cell that does not contain adult offenders, until the offender reaches the age of eighteen. Sec. 43. RCW 72.09.460 and 1995 1st sp.s. c 19 s 5 are each amended to read as follows: (1) The legislature intends that all inmates be required to participate in department-approved education programs, work programs, or both, unless exempted under subsection (((3))) (4) of this section. Eligible inmates who refuse to participate in available education or work programs available at no charge to the inmates shall lose privileges according to the system established under RCW 72.09.130. Eligible inmates who are required to contribute financially to an education or work program and refuse to contribute shall be placed in another work program. Refusal to contribute shall not result in a loss of privileges. The legislature recognizes more inmates may agree to participate in education and work programs than are available. The department must make every effort to achieve maximum public benefit by placing inmates in available and appropriate education and work programs. (2) The department shall provide a program of education to all offenders who are under the age of eighteen and who have not met high school graduation or general equivalency diploma requirements. The program of education established by the department for offenders under the age of eighteen must provide each offender a choice of curriculum that will assist the inmate in achieving a high school diploma or general equivalency diploma. (3) The department shall, to the extent possible and considering all available funds, prioritize its resources to meet the following goals for inmates in the order listed: (a) Achievement of basic academic skills through obtaining a high school diploma or its equivalent and achievement of vocational skills necessary for purposes of work programs and for an inmate to qualify for work upon release; (b) Additional work and education programs based on assessments and placements under subsection (((4))) (5) of this section; and (c) Other work and education programs as appropriate. (((3))) (4) The department shall establish, by rule, objective medical standards to determine when an inmate is physically or mentally unable to participate in available education or work programs. When the department determines an inmate is permanently unable to participate in any available education or work program due to a medical condition, the inmate is exempt from the requirement under subsection (1) of this section. When the department determines an inmate is temporarily unable to participate in an education or work program due to a medical condition, the inmate is exempt from the requirement of subsection (1) of this section for the period of time he or she is temporarily disabled. The department shall periodically review the medical condition of all temporarily disabled inmates to ensure the earliest possible entry or reentry by inmates into available programming. (((4))) (5) The department shall establish, by rule, standards for participation in department-approved education and work programs. The standards shall address the following areas: (a) Assessment. The department shall assess all inmates for their basic academic skill levels using a professionally accepted method of scoring reading, math, and language skills as grade level equivalents. The department shall determine an inmate's education history, work history, and vocational or work skills. The initial assessment shall be conducted, whenever possible, within the first thirty days of an inmate's entry into the correctional system, except that initial assessments are not required for inmates who are sentenced to life without the possibility of release, assigned to an intensive management unit within the first thirty days after entry into the correctional system, are returning to the correctional system within one year of a prior release, or whose physical or mental condition renders them unable to complete the assessment process. The department shall track and record changes in the basic academic skill levels of all inmates reflected in any testing or assessment performed as part of their education programming; (b) Placement. The department shall follow the policies set forth in subsection (1) of this section in establishing criteria for placing inmates in education and work programs. The department shall, to the extent possible, place all inmates whose composite grade level score for basic academic skills is below the eighth grade level in a combined education and work program. The placement criteria shall include at least the following factors: (i) An inmate's release date and custody level, except an inmate shall not be precluded from participating in an education or work program solely on the basis of his or her release date; (ii) An inmate's education history and basic academic skills; (iii) An inmate's work history and vocational or work skills; (iv) An inmate's economic circumstances, including but not limited to an inmate's family support obligations; and (v) Where applicable, an inmate's prior performance in department-approved education or work programs; (c) Performance and goals. The department shall establish, and periodically review, inmate behavior standards and program goals for all education and work programs. Inmates shall be notified of applicable behavior standards and program goals prior to placement in an education or work program and shall be removed from the education or work program if they consistently fail to meet the standards or goals; (d) Financial responsibility. (i) The department shall establish a formula by which inmates, based on their ability to pay, shall pay all or a portion of the costs or tuition of certain programs. Inmates shall, based on the formula, pay a portion of the costs or tuition of participation in: (A) Second and subsequent vocational programs associated with an inmate's work programs; and (B) An associate of arts or baccalaureate degree program when placement in a degree program is the result of a placement made under this subsection; (ii) Inmates shall pay all costs and tuition for participation in: (A) Any postsecondary academic degree program which is entered independently of a placement decision made under this subsection; and (B) Second and subsequent vocational programs not associated with an inmate's work program. Enrollment in any program specified in (d)(ii) of this subsection shall only be allowed by correspondence or if there is an opening in an education or work program at the institution where an inmate is incarcerated and no other inmate who is placed in a program under this subsection will be displaced; and (e) Notwithstanding any other provision in this section, an inmate sentenced to life without the possibility of release: (i) Shall not be required to participate in education programming; and (ii) May receive not more than one postsecondary academic degree in a program offered by the department or its contracted providers. If an inmate sentenced to life without the possibility of release requires prevocational or vocational training for a work program, he or she may participate in the training subject to this section. (((5))) (6) The department shall coordinate education and work programs among its institutions, to the greatest extent possible, to facilitate continuity of programming among inmates transferred between institutions. Before transferring an inmate enrolled in a program, the department shall consider the effect the transfer will have on the inmate's ability to continue or complete a program. This subsection shall not be used to delay or prohibit a transfer necessary for legitimate safety or security concerns. (((6))) (7) Before construction of a new correctional institution or expansion of an existing correctional institution, the department shall adopt a plan demonstrating how cable, closed-circuit, and satellite television will be used for education and training purposes in the institution. The plan shall specify how the use of television in the education and training programs will improve inmates' preparedness for available work programs and job opportunities for which inmates may qualify upon release. (((7))) (8) The department shall adopt a plan to reduce the per-pupil cost of instruction by, among other methods, increasing the use of volunteer instructors and implementing technological efficiencies. The plan shall be adopted by December 1996 and shall be transmitted to the legislature upon adoption. The department shall, in adoption of the plan, consider distance learning, satellite instruction, video tape usage, computer-aided instruction, and flexible scheduling of offender instruction. (((8))) (9) Following completion of the review required by section 27(3), chapter 19, Laws of 1995 1st sp. sess. the department shall take all necessary steps to assure the vocation and education programs are relevant to work programs and skills necessary to enhance the employability of inmates upon release. Sec. 44. RCW 9A.36.045 and 1995 c 129 s 8 are each amended to read as follows: (1) A person is guilty of ((reckless endangerment in the first degree)) drive-by shooting when he or she recklessly discharges a firearm as defined in RCW 9.41.010 in a manner which creates a substantial risk of death or serious physical injury to another person and the discharge is either from a motor vehicle or from the immediate area of a motor vehicle that was used to transport the shooter or the firearm, or both, to the scene of the discharge. (2) A person who unlawfully discharges a firearm from a moving motor vehicle may be inferred to have engaged in reckless conduct, unless the discharge is shown by evidence satisfactory to the trier of fact to have been made without such recklessness. (3) ((Reckless endangerment in the first degree)) Drive-by shooting is a class B felony. Sec. 45. RCW 9A.36.050 and 1989 c 271 s 110 are each amended to read as follows: (1) A person is guilty of reckless endangerment ((in the second degree)) when he or she recklessly engages in conduct not amounting to ((reckless endangerment in the first degree but which)) drive-by shooting but that creates a substantial risk of death or serious physical injury to another person. (2) Reckless endangerment ((in the second degree)) is a gross misdemeanor. Sec. 46. RCW 9.41.010 and 1996 c 295 s 1 are each amended to read as follows: Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. (2) "Pistol" means any firearm with a barrel less than sixteen inches in length, or is designed to be held and fired by the use of a single hand. (3) "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger. (4) "Short-barreled rifle" means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle by any means of modification if such modified weapon has an overall length of less than twenty-six inches. (5) "Shotgun" means a weapon with one or more barrels, designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger. (6) "Short-barreled shotgun" means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun by any means of modification if such modified weapon has an overall length of less than twenty-six inches. (7) "Machine gun" means any firearm known as a machine gun, mechanical rifle, submachine gun, or any other mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second. (8) "Antique firearm" means a firearm or replica of a firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including any matchlock, flintlock, percussion cap, or similar type of ignition system and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade. (9) "Loaded" means: (a) There is a cartridge in the chamber of the firearm; (b) Cartridges are in a clip that is locked in place in the firearm; (c) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; (d) There is a cartridge in the tube or magazine that is inserted in the action; or (e) There is a ball in the barrel and the firearm is capped or primed if the firearm is a muzzle loader. (10) "Dealer" means a person engaged in the business of selling firearms at wholesale or retail who has, or is required to have, a federal firearms license under 18 U.S.C. Sec. 923(a). A person who does not have, and is not required to have, a federal firearms license under 18 U.S.C. Sec. 923(a), is not a dealer if that person makes only occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or sells all or part of his or her personal collection of firearms. (11) "Crime of violence" means: (a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, burglary in the second degree, residential burglary, and robbery in the second degree; (b) Any conviction for a felony offense in effect at any time prior to June 6, 1996, which is comparable to a felony classified as a crime of violence in (a) of this subsection; and (c) Any federal or out-of-state conviction for an offense comparable to a felony classified as a crime of violence under (a) or (b) of this subsection. (12) "Serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies, as now existing or hereafter amended: (a) Any crime of violence; (b) Any felony violation of the uniform controlled substances act, chapter 69.50 RCW, that is classified as a class B felony or that has a maximum term of imprisonment of at least ten years; (c) Child molestation in the second degree; (d) Incest when committed against a child under age fourteen; (e) Indecent liberties; (f) Leading organized crime; (g) Promoting prostitution in the first degree; (h) Rape in the third degree; (i) ((Reckless endangerment in the first degree)) Drive-by shooting; (j) Sexual exploitation; (k) Vehicular assault; (l) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner; (m) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under RCW 9.94A.030; (n) Any other felony with a deadly weapon verdict under RCW 9.94A.125; or (o) Any felony offense in effect at any time prior to June 6, 1996, that is comparable to a serious offense, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious offense. (13) "Law enforcement officer" includes a general authority Washington peace officer as defined in RCW 10.93.020, or a specially commissioned Washington peace officer as defined in RCW 10.93.020. "Law enforcement officer" also includes a limited authority Washington peace officer as defined in RCW 10.93.020 if such officer is duly authorized by his or her employer to carry a concealed pistol. (14) "Felony" means any felony offense under the laws of this state or any federal or out-of-state offense comparable to a felony offense under the laws of this state. (15) "Sell" refers to the actual approval of the delivery of a firearm in consideration of payment or promise of payment of a certain price in money. (16) "Barrel length" means the distance from the bolt face of a closed action down the length of the axis of the bore to the crown of the muzzle, or in the case of a barrel with attachments to the end of any legal device permanently attached to the end of the muzzle. (17) "Family or household member" means "family" or "household member" as used in RCW 10.99.020. Sec. 47. RCW 9.41.040 and 1996 c 295 s 2 are each amended to read as follows: (1)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the first degree, if the person owns, has in his or her possession, or has in his or her control any firearm after having previously been convicted in this state or elsewhere of any serious offense as defined in this chapter. (b) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the second degree, if the person does not qualify under (a) of this subsection for the crime of unlawful possession of a firearm in the first degree and the person owns, has in his or her possession, or has in his or her control any firearm: (i) After having previously been convicted in this state or elsewhere of any felony not specifically listed as prohibiting firearm possession under (a) of this subsection, or any of the following crimes when committed by one family or household member against another, committed on or after July 1, 1993: Assault in the fourth degree, coercion, stalking, reckless endangerment ((in the second degree)), criminal trespass in the first degree, or violation of the provisions of a protection order or no-contact order restraining the person or excluding the person from a residence (RCW 26.50.060, 26.50.070, 26.50.130, or 10.99.040); (ii) After having previously been involuntarily committed for mental health treatment under RCW 71.05.320, 71.34.090, chapter 10.77 RCW, or equivalent statutes of another jurisdiction, unless his or her right to possess a firearm has been restored as provided in RCW 9.41.047; (iii) If the person is under eighteen years of age, except as provided in RCW 9.41.042; and/or (iv) If the person is free on bond or personal recognizance pending trial, appeal, or sentencing for a serious offense as defined in RCW 9.41.010. (2)(a) Unlawful possession of a firearm in the first degree is a class B felony, punishable under chapter 9A.20 RCW. (b) Unlawful possession of a firearm in the second degree is a class C felony, punishable under chapter 9A.20 RCW. (3) Notwithstanding RCW 9.41.047 or any other provisions of law, as used in this chapter, a person has been "convicted", whether in an adult court or adjudicated in a juvenile court, at such time as a plea of guilty has been accepted, or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings including but not limited to sentencing or disposition, post-trial or post-factfinding motions, and appeals. Conviction includes a dismissal entered after a period of probation, suspension or deferral of sentence, and also includes equivalent dispositions by courts in jurisdictions other than Washington state. A person shall not be precluded from possession of a firearm if the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted or the conviction or disposition has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. Where no record of the court's disposition of the charges can be found, there shall be a rebuttable presumption that the person was not convicted of the charge. (4) Notwithstanding subsection (1) of this section, a person convicted of an offense prohibiting the possession of a firearm under this section other than murder, manslaughter, robbery, rape, indecent liberties, arson, assault, kidnapping, extortion, burglary, or violations with respect to controlled substances under RCW 69.50.401(a) and 69.50.410, who received a probationary sentence under RCW 9.95.200, and who received a dismissal of the charge under RCW 9.95.240, shall not be precluded from possession of a firearm as a result of the conviction. Notwithstanding any other provisions of this section, if a person is prohibited from possession of a firearm under subsection (1) of this section and has not previously been convicted of a sex offense prohibiting firearm ownership under subsection (1) of this section and/or any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, the individual may petition a court of record to have his or her right to possess a firearm restored: (a) Under RCW 9.41.047; and/or (b)(i) If the conviction was for a felony offense, after five or more consecutive years in the community without being convicted or currently charged with any felony, gross misdemeanor, or misdemeanor crimes, if the individual has no prior felony convictions that prohibit the possession of a firearm counted as part of the offender score under RCW 9.94A.360; or (ii) If the conviction was for a nonfelony offense, after three or more consecutive years in the community without being convicted or currently charged with any felony, gross misdemeanor, or misdemeanor crimes, if the individual has no prior felony convictions that prohibit the possession of a firearm counted as part of the offender score under RCW 9.94A.360 and the individual has completed all conditions of the sentence. (5) In addition to any other penalty provided for by law, if a person under the age of eighteen years is found by a court to have possessed a firearm in a vehicle in violation of subsection (1) of this section or to have committed an offense while armed with a firearm during which offense a motor vehicle served an integral function, the court shall notify the department of licensing within twenty-four hours and the person's privilege to drive shall be revoked under RCW 46.20.265. (6) Nothing in chapter 129, Laws of 1995 shall ever be construed or interpreted as preventing an offender from being charged and subsequently convicted for the separate felony crimes of theft of a firearm or possession of a stolen firearm, or both, in addition to being charged and subsequently convicted under this section for unlawful possession of a firearm in the first or second degree. Notwithstanding any other law, if the offender is convicted under this section for unlawful possession of a firearm in the first or second degree and for the felony crimes of theft of a firearm or possession of a stolen firearm, or both, then the offender shall serve consecutive sentences for each of the felony crimes of conviction listed in this subsection. (7) Each firearm unlawfully possessed under this section shall be a separate offense. Sec. 48. RCW 9.94A.103 and 1995 c 129 s 5 are each amended to read as follows: Any and all recommended sentencing agreements or plea agreements and the sentences for any and all felony crimes shall be made and retained as public records if the felony crime involves: (1) Any violent offense as defined in this chapter; (2) Any most serious offense as defined in this chapter; (3) Any felony with a deadly weapon special verdict under RCW 9.94A.125; (4) Any felony with any deadly weapon enhancements under RCW 9.94A.310 (3) or (4), or both; and/or (5) The felony crimes of possession of a machine gun, possessing a stolen firearm, ((reckless endangerment in the first degree)) drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first or second degree, and/or use of a machine gun in a felony. Sec. 49. RCW 9.94A.105 and 1995 c 129 s 6 are each amended to read as follows: (1) A current, newly created or reworked judgment and sentence document for each felony sentencing shall record any and all recommended sentencing agreements or plea agreements and the sentences for any and all felony crimes kept as public records under RCW 9.94A.103 shall contain the clearly printed name and legal signature of the sentencing judge. The judgment and sentence document as defined in this section shall also provide additional space for the sentencing judge's reasons for going either above or below the presumptive sentence range for any and all felony crimes covered as public records under RCW 9.94A.103. Both the sentencing judge and the prosecuting attorney's office shall each retain or receive a completed copy of each sentencing document as defined in this section for their own records. (2) The sentencing guidelines commission shall be sent a completed copy of the judgment and sentence document upon conviction for each felony sentencing under subsection (1) of this section and shall compile a yearly and cumulative judicial record of each sentencing judge in regards to his or her sentencing practices for any and all felony crimes involving: (a) Any violent offense as defined in this chapter; (b) Any most serious offense as defined in this chapter; (c) Any felony with any deadly weapon special verdict under RCW 9.94A.125; (d) Any felony with any deadly weapon enhancements under RCW 9.94A.310 (3) or (4), or both; and/or (e) The felony crimes of possession of a machine gun, possessing a stolen firearm, ((reckless endangerment in the first degree)) drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first or second degree, and/or use of a machine gun in a felony. (3) The sentencing guidelines commission shall compare each individual judge's sentencing practices to the standard or presumptive sentence range for any and all felony crimes listed in subsection (2) of this section for the appropriate offense level as defined in RCW 9.94A.320, offender score as defined in RCW 9.94A.360, and any applicable deadly weapon enhancements as defined in RCW 9.94A.310 (3) or (4), or both. These comparative records shall be retained and made available to the public for review in a current, newly created or reworked official published document by the sentencing guidelines commission. (4) Any and all felony sentences which are either above or below the standard or presumptive sentence range in subsection (3) of this section shall also mark whether the prosecuting attorney in the case also recommended a similar sentence, if any, which was either above or below the presumptive sentence range and shall also indicate if the sentence was in conjunction with an approved alternative sentencing option including a first-time offender waiver, sex offender sentencing alternative, or other prescribed sentencing option. (5) If any completed judgment and sentence document as defined in subsection (1) of this section is not sent to the sentencing guidelines commission as required in subsection (2) of this section, the sentencing guidelines commission shall have the authority and shall undertake reasonable and necessary steps to assure that all past, current, and future sentencing documents as defined in subsection (1) of this section are received by the sentencing guidelines commission. Sec. 50. RCW 9.94A.310 and 1996 c 205 s 5 are each amended to read as follows:
(1) TABLE 1
Sentencing Grid
SERIOUSNESSSCORE OFFENDER SCORE 9 or 0 1 2 3 4 5 6 7 8 moreXVLife Sentence without Parole/Death PenaltyXIV23y4m24y4m25y4m26y4m27y4m28y4m30y4m32y10m 36y40y240-250-261-271-281- 291- 312- 338- 370- 411- 320 333 347 361 374 388 416 450 493 548XIII12y 13y 14y 15y 16y 17y 19y 21y 25y29y123-134-144-154-165-175-195-216-257-298-164 178 192 205 219 233 260 288 342397XII9y9y11m10y9m11y8m12y6m13y5m15y9m17y3m20y3m23y3m93-102-111-120-129-138-162-178-209-240-123136 147 160 171 184 216 236 277 318XI7y6m8y4m9y2m9y11m10y9m11y7m14y2m15y5m17y11m 20y5m78- 86- 95- 102-111-120-146-159-185-210-102 114 125 136 147 158 194 211 245 280X5y5y6m6y6y6m7y7y6m9y6m10y6m12y6m14y6m51-57-62-67-72-77-98-108-129-149-6875828996102130144171198IX3y3y6m4y4y6m5y5y6m7y6m8y6m10y6m12y6m31- 36- 41- 46- 51- 57- 77- 87- 108- 129- 41 48 54 61 68 75 102 116 144 171 VIII2y2y6m3y3y6m4y4y6m6y6m7y6m8y6m10y6m21-26-31-36-41-46-67-77-87-108-27344148546189102116144VII18m2y2y6m3y3y6m4y5y6m6y6m7y6m8y6m15- 21- 26- 31- 36- 41- 57- 67- 77- 87- 20 27 34 41 48 54 75 89 102 116 VI13m18m2y2y6m3y3y6m4y6m5y6m6y6m7y6m12+-15-21-26-31-36-46-57-67-77-14 2027344148617589102V9m13m15m18m2y2m3y2m4y5y6y7y6- 12+- 13- 15- 22- 33- 41- 51- 62- 72- 12 14 17 20 29 43 54 68 82 96 IV6m9m13m15m18m2y2m3y2m4y2m5y2m6y2m3-6-12+-13-15-22-33-43-53-63-9121417202943577084III2m5m8m11m14m20m2y2m3y2m4y2m5y1- 3- 4- 9- 12+- 17- 22- 33- 43- 51- 3 8 12 12 16 22 29 43 57 68II4m6m8m13m16m20m2y2m3y2m4y2m0-902-3-4-12+-14-17-22-33-43-Days6 9 12141822294357I3m4m5m8m13m16m20m2y2m0-60 0-90 2- 2- 3- 4- 12+- 14- 17- 22- Days Days 5 6 8 12 14 18 22 29
NOTE: Numbers in the first horizontal row of each seriousness category represent sentencing midpoints in years(y) and months(m). Numbers in the second and third rows represent presumptive sentencing ranges in months, or in days if so designated. 12+ equals one year and one day.
(2) For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the presumptive sentence is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the completed crime, and multiplying the range by 75 percent. (3) The following additional times shall be added to the presumptive sentence for felony crimes committed after July 23, 1995, if the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any firearm enhancements based on the classification of the completed felony crime. If the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection as eligible for any firearm enhancements, the following additional times shall be added to the presumptive sentence determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020: (a) Five years for any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection. (b) Three years for any felony defined under any law as a class B felony or with a maximum sentence of ten years, or both, and not covered under (f) of this subsection. (c) Eighteen months for any felony defined under any law as a class C felony or with a maximum sentence of five years, or both, and not covered under (f) of this subsection. (d) If the offender is being sentenced for any firearm enhancements under (a), (b), and/or (c) of this subsection and the offender has previously been sentenced for any deadly weapon enhancements after July 23, 1995, under (a), (b), and/or (c) of this subsection or subsection (4)(a), (b), and/or (c) of this section, or both, any and all firearm enhancements under this subsection shall be twice the amount of the enhancement listed. (e) Notwithstanding any other provision of law, any and all firearm enhancements under this section are mandatory, shall be served in total confinement, and shall not run concurrently with any other sentencing provisions. (f) The firearm enhancements in this section shall apply to all felony crimes except the following: Possession of a machine gun, possessing a stolen firearm, ((reckless endangerment in the first degree)) drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun in a felony. (g) If the presumptive sentence under this section exceeds the statutory maximum for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender as defined in RCW 9.94A.030. (4) The following additional times shall be added to the presumptive sentence for felony crimes committed after July 23, 1995, if the offender or an accomplice was armed with a deadly weapon as defined in this chapter other than a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any deadly weapon enhancements based on the classification of the completed felony crime. If the offender or an accomplice was armed with a deadly weapon other than a firearm as defined in RCW 9.41.010 and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection as eligible for any deadly weapon enhancements, the following additional times shall be added to the presumptive sentence determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020: (a) Two years for any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection. (b) One year for any felony defined under any law as a class B felony or with a maximum sentence of ten years, or both, and not covered under (f) of this subsection. (c) Six months for any felony defined under any law as a class C felony or with a maximum sentence of five years, or both, and not covered under (f) of this subsection. (d) If the offender is being sentenced under (a), (b), and/or (c) of this subsection for any deadly weapon enhancements and the offender has previously been sentenced for any deadly weapon enhancements after July 23, 1995, under (a), (b), and/or (c) of this subsection or subsection (3)(a), (b), and/or (c) of this section, or both, any and all deadly weapon enhancements under this subsection shall be twice the amount of the enhancement listed. (e) Notwithstanding any other provision of law, any and all deadly weapon enhancements under this section are mandatory, shall be served in total confinement, and shall not run concurrently with any other sentencing provisions. (f) The deadly weapon enhancements in this section shall apply to all felony crimes except the following: Possession of a machine gun, possessing a stolen firearm, ((reckless endangerment in the first degree)) drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun in a felony. (g) If the presumptive sentence under this section exceeds the statutory maximum for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender as defined in RCW 9.94A.030. (5) The following additional times shall be added to the presumptive sentence if the offender or an accomplice committed the offense while in a county jail or state correctional facility as that term is defined in this chapter and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice committed one of the crimes listed in this subsection while in a county jail or state correctional facility as that term is defined in this chapter, and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following additional times shall be added to the presumptive sentence determined under subsection (2) of this section: (a) Eighteen months for offenses committed under RCW 69.50.401(a)(1) (i) or (ii) or 69.50.410; (b) Fifteen months for offenses committed under RCW 69.50.401(a)(1) (iii), (iv), and (v); (c) Twelve months for offenses committed under RCW 69.50.401(d). For the purposes of this subsection, all of the real property of a state correctional facility or county jail shall be deemed to be part of that facility or county jail. (6) An additional twenty-four months shall be added to the presumptive sentence for any ranked offense involving a violation of chapter 69.50 RCW if the offense was also a violation of RCW 69.50.435. Sec. 51. RCW 9.94A.320 and 1996 c 302 s 6, 1996 c 205 s 3, and 1996 c 36 s 2 are each reenacted and amended to read as follows:
TABLE 2
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
XV Aggravated Murder 1 (RCW 10.95.020)
XIV Murder 1 (RCW 9A.32.030) Homicide by abuse (RCW 9A.32.055)
XIII Murder 2 (RCW 9A.32.050)
XII Assault 1 (RCW 9A.36.011) Assault of a Child 1 (RCW 9A.36.120)
XI Rape 1 (RCW 9A.44.040) Rape of a Child 1 (RCW 9A.44.073)
X Kidnapping 1 (RCW 9A.40.020) Rape 2 (RCW 9A.44.050) Rape of a Child 2 (RCW 9A.44.076)Child Molestation 1 (RCW 9A.44.083)Damaging building, etc., by explosion with threat to human being (RCW 70.74.280(1))Over 18 and deliver heroin or narcotic from Schedule I or II to someone under 18 (RCW 69.50.406)Leading Organized Crime (RCW 9A.82.060(1)(a))
IX Assault of a Child 2 (RCW 9A.36.130) Robbery 1 (RCW 9A.56.200) Manslaughter 1 (RCW 9A.32.060)Explosive devices prohibited (RCW 70.74.180)Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))Endangering life and property by explosives with threat to human being (RCW 70.74.270)Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)Controlled Substance Homicide (RCW 69.50.415)Sexual Exploitation (RCW 9.68A.040)Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)
VIII Arson 1 (RCW 9A.48.020) Promoting Prostitution 1 (RCW 9A.88.070)Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))Manufacture, deliver, or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))Possession of ephedrine or pseudoephedrine with intent to manufacture methamphetamine (RCW 69.50.440)Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)
VII Burglary 1 (RCW 9A.52.020) Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)Introducing Contraband 1 (RCW 9A.76.140)Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))Child Molestation 2 (RCW 9A.44.086)Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)Involving a minor in drug dealing (RCW 69.50.401(f))((Reckless Endangerment 1)) Drive-by Shooting (RCW 9A.36.045)Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))
VI Bribery (RCW 9A.68.010) Manslaughter 2 (RCW 9A.32.070)Rape of a Child 3 (RCW 9A.44.079)Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)Damaging building, etc., by explosion with no threat to human being (RCW 70.74.280(2))Endangering life and property by explosives with no threat to human being (RCW 70.74.270)Incest 1 (RCW 9A.64.020(1))Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) (RCW 69.50.401(a)(1)(i))Intimidating a Judge (RCW 9A.72.160)Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))Theft of a Firearm (RCW 9A.56.300)
V Persistent prison misbehavior (RCW 9.94.070) Criminal Mistreatment 1 (RCW 9A.42.020)Abandonment of dependent person 1 (RCW 9A.42.060)Rape 3 (RCW 9A.44.060)Sexual Misconduct with a Minor 1 (RCW 9A.44.093)Child Molestation 3 (RCW 9A.44.089)Kidnapping 2 (RCW 9A.40.030)Extortion 1 (RCW 9A.56.120)Incest 2 (RCW 9A.64.020(2))Perjury 1 (RCW 9A.72.020)Extortionate Extension of Credit (RCW 9A.82.020)Advancing money or property for extortionate extension of credit (RCW 9A.82.030)Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)Rendering Criminal Assistance 1 (RCW 9A.76.070)Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))Sexually Violating Human Remains (RCW 9A.44.105)Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))Possession of a Stolen Firearm (RCW 9A.56.310)
IV Residential Burglary (RCW 9A.52.025) Theft of Livestock 1 (RCW 9A.56.080) Robbery 2 (RCW 9A.56.210)Assault 2 (RCW 9A.36.021)Escape 1 (RCW 9A.76.110)Arson 2 (RCW 9A.48.030)Commercial Bribery (RCW 9A.68.060)Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)Malicious Harassment (RCW 9A.36.080)Threats to Bomb (RCW 9.61.160)Willful Failure to Return from Furlough (RCW 72.66.060)Hit and Run -- Injury Accident (RCW 46.52.020(4))Hit and Run with Vessel -- Injury Accident (RCW 88.12.155(3))Vehicular Assault (RCW 46.61.522)Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana or methamphetamines) (RCW 69.50.401(a)(1) (iii) through (v))Influencing Outcome of Sporting Event (RCW 9A.82.070)Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))
III Criminal Mistreatment 2 (RCW 9A.42.030) Abandonment of dependent person 2 (RCW 9A.42.070)Extortion 2 (RCW 9A.56.130)Unlawful Imprisonment (RCW 9A.40.040)Assault 3 (RCW 9A.36.031)Assault of a Child 3 (RCW 9A.36.140)Custodial Assault (RCW 9A.36.100)Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))Harassment (RCW 9A.46.020)Promoting Prostitution 2 (RCW 9A.88.080)Willful Failure to Return from Work Release (RCW 72.65.070)Burglary 2 (RCW 9A.52.030)Introducing Contraband 2 (RCW 9A.76.150)Communication with a Minor for Immoral Purposes (RCW 9.68A.090)Patronizing a Juvenile Prostitute (RCW 9.68A.100)Escape 2 (RCW 9A.76.120)Perjury 2 (RCW 9A.72.030)Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))Intimidating a Public Servant (RCW 9A.76.180)Tampering with a Witness (RCW 9A.72.120)Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(iii))Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1)) Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))Theft of livestock 2 (RCW 9A.56.080)Securities Act violation (RCW 21.20.400)
II Unlawful Practice of Law (RCW 2.48.180) Malicious Mischief 1 (RCW 9A.48.070)Possession of Stolen Property 1 (RCW 9A.56.150)Theft 1 (RCW 9A.56.030)Trafficking in Insurance Claims (RCW 48.30A.015)Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))Health Care False Claims (RCW 48.80.030)Possession of controlled substance that is either heroin or narcotics from Schedule I or II (RCW 69.50.401(d))Possession of phencyclidine (PCP) (RCW 69.50.401(d))Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))Computer Trespass 1 (RCW 9A.52.110)Escape from Community Custody (RCW 72.09.310)
I Theft 2 (RCW 9A.56.040) Possession of Stolen Property 2 (RCW 9A.56.160)Forgery (RCW 9A.60.020)Taking Motor Vehicle Without Permission (RCW 9A.56.070)Vehicle Prowl 1 (RCW 9A.52.095)Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)Malicious Mischief 2 (RCW 9A.48.080)Reckless Burning 1 (RCW 9A.48.040)Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))False Verification for Welfare (RCW 74.08.055)Forged Prescription (RCW 69.41.020)Forged Prescription for a Controlled Substance (RCW 69.50.403)Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine) (RCW 69.50.401(d))Sec. 52. RCW 9A.46.060 and 1994 c 271 s 802 and 1994 c 121 s 2 are each reenacted and amended to read as follows:As used in this chapter, "harassment" may include but is not limited to any of the following crimes: (1) Harassment (RCW 9A.46.020); (2) Malicious harassment (RCW 9A.36.080); (3) Telephone harassment (RCW 9.61.230); (4) Assault in the first degree (RCW 9A.36.011); (5) Assault of a child in the first degree (RCW 9A.36.120); (6) Assault in the second degree (RCW 9A.36.021); (7) Assault of a child in the second degree (RCW 9A.36.130); (8) Assault in the fourth degree (RCW 9A.36.041); (9) Reckless endangerment ((in the second degree)) (RCW 9A.36.050); (10) Extortion in the first degree (RCW 9A.56.120); (11) Extortion in the second degree (RCW 9A.56.130); (12) Coercion (RCW 9A.36.070); (13) Burglary in the first degree (RCW 9A.52.020); (14) Burglary in the second degree (RCW 9A.52.030); (15) Criminal trespass in the first degree (RCW 9A.52.070); (16) Criminal trespass in the second degree (RCW 9A.52.080); (17) Malicious mischief in the first degree (RCW 9A.48.070); (18) Malicious mischief in the second degree (RCW 9A.48.080); (19) Malicious mischief in the third degree (RCW 9A.48.090); (20) Kidnapping in the first degree (RCW 9A.40.020); (21) Kidnapping in the second degree (RCW 9A.40.030); (22) Unlawful imprisonment (RCW 9A.40.040); (23) Rape in the first degree (RCW 9A.44.040); (24) Rape in the second degree (RCW 9A.44.050); (25) Rape in the third degree (RCW 9A.44.060); (26) Indecent liberties (RCW 9A.44.100); (27) Rape of a child in the first degree (RCW 9A.44.073); (28) Rape of a child in the second degree (RCW 9A.44.076); (29) Rape of a child in the third degree (RCW 9A.44.079); (30) Child molestation in the first degree (RCW 9A.44.083); (31) Child molestation in the second degree (RCW 9A.44.086); (32) Child molestation in the third degree (RCW 9A.44.089); (33) Stalking (RCW 9A.46.110); (34) Residential burglary (RCW 9A.52.025); and (35) Violation of a temporary or permanent protective order issued pursuant to chapter 9A.46, 10.14, 10.99, 26.09, or 26.50 RCW. Sec. 53. RCW 10.99.020 and 1996 c 248 s 5 are each amended to read as follows: Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Family or household members" means spouses, former spouses, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren. (2) "Dating relationship" has the same meaning as in RCW 26.50.010. (3) "Domestic violence" includes but is not limited to any of the following crimes when committed by one family or household member against another: (a) Assault in the first degree (RCW 9A.36.011); (b) Assault in the second degree (RCW 9A.36.021); (c) Assault in the third degree (RCW 9A.36.031); (d) Assault in the fourth degree (RCW 9A.36.041); (e) ((Reckless endangerment in the first degree)) Drive-by shooting (RCW 9A.36.045); (f) Reckless endangerment ((in the second degree)) (RCW 9A.36.050); (g) Coercion (RCW 9A.36.070); (h) Burglary in the first degree (RCW 9A.52.020); (i) Burglary in the second degree (RCW 9A.52.030); (j) Criminal trespass in the first degree (RCW 9A.52.070); (k) Criminal trespass in the second degree (RCW 9A.52.080); (l) Malicious mischief in the first degree (RCW 9A.48.070); (m) Malicious mischief in the second degree (RCW 9A.48.080); (n) Malicious mischief in the third degree (RCW 9A.48.090); (o) Kidnapping in the first degree (RCW 9A.40.020); (p) Kidnapping in the second degree (RCW 9A.40.030); (q) Unlawful imprisonment (RCW 9A.40.040); (r) Violation of the provisions of a restraining order restraining the person or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care (RCW 26.09.300, 26.10.220, or 26.26.138); (s) Violation of the provisions of a protection order or no-contact order restraining the person or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care (RCW 26.50.060, 26.50.070, 26.50.130, 10.99.040, or 10.99.050); (t) Rape in the first degree (RCW 9A.44.040); (u) Rape in the second degree (RCW 9A.44.050); (v) Residential burglary (RCW 9A.52.025); (w) Stalking (RCW 9A.46.110); and (x) Interference with the reporting of domestic violence (RCW 9A.36.150). (4) "Victim" means a family or household member who has been subjected to domestic violence. Sec. 54. RCW 10.99.040 and 1996 c 248 s 7 are each amended to read as follows: (1) Because of the serious nature of domestic violence, the court in domestic violence actions: (a) Shall not dismiss any charge or delay disposition because of concurrent dissolution or other civil proceedings; (b) Shall not require proof that either party is seeking a dissolution of marriage prior to instigation of criminal proceedings; (c) Shall waive any requirement that the victim's location be disclosed to any person, other than the attorney of a criminal defendant, upon a showing that there is a possibility of further violence: PROVIDED, That the court may order a criminal defense attorney not to disclose to his or her client the victim's location; and (d) Shall identify by any reasonable means on docket sheets those criminal actions arising from acts of domestic violence. (2) Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any person charged with or arrested for a crime involving domestic violence is released from custody before arraignment or trial on bail or personal recognizance, the court authorizing the release may prohibit that person from having any contact with the victim. The jurisdiction authorizing the release shall determine whether that person should be prohibited from having any contact with the victim. If there is no outstanding restraining or protective order prohibiting that person from having contact with the victim, the court authorizing release may issue, by telephone, a no-contact order prohibiting the person charged or arrested from having contact with the victim. In issuing the order, the court shall consider the provisions of RCW 9.41.800. The no-contact order shall also be issued in writing as soon as possible. (3) At the time of arraignment the court shall determine whether a no-contact order shall be issued or extended. If a no-contact order is issued or extended, the court may also include in the conditions of release a requirement that the defendant submit to electronic monitoring. If electronic monitoring is ordered, the court shall specify who shall provide the monitoring services, and the terms under which the monitoring shall be performed. Upon conviction, the court may require as a condition of the sentence that the defendant reimburse the providing agency for the costs of the electronic monitoring. (4)(a) Willful violation of a court order issued under subsection (2) or (3) of this section is a gross misdemeanor except as provided in (b) and (c) of this subsection (4). Upon conviction and in addition to other penalties provided by law, the court may require that the defendant submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The court also may include a requirement that the defendant pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring. (b) Any assault that is a violation of an order issued under this section and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony punishable under chapter 9A.20 RCW, and any conduct in violation of a protective order issued under this section that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony punishable under chapter 9A.20 RCW. (c) A willful violation of a court order issued under this section is a class C felony if the offender has at least two previous convictions for violating the provisions of a no-contact order issued under this chapter, a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order issued under Washington law. The previous convictions may involve the same victim or other victims specifically protected by the no-contact orders or protection orders the offender violated. (d) The written order releasing the person charged or arrested shall contain the court's directives and shall bear the legend: "Violation of this order is a criminal offense under chapter 10.99 RCW and will subject a violator to arrest; any assault, drive-by shooting, or reckless endangerment that is a violation of this order is a felony. You can be arrested even if any person protected by the order invites or allows you to violate the order's prohibitions. You have the sole responsibility to avoid or refrain from violating the order's provisions. Only the court can change the order." A certified copy of the order shall be provided to the victim. If a no-contact order has been issued prior to charging, that order shall expire at arraignment or within seventy-two hours if charges are not filed. Such orders need not be entered into the computer-based criminal intelligence information system in this state which is used by law enforcement agencies to list outstanding warrants. (5) Whenever an order prohibiting contact is issued, modified, or terminated under subsection (2) or (3) of this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall forthwith enter the order for one year or until the expiration date specified on the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state. Sec. 55. RCW 10.99.050 and 1996 c 248 s 8 are each amended to read as follows: (1) When a defendant is found guilty of a crime and a condition of the sentence restricts the defendant's ability to have contact with the victim, such condition shall be recorded and a written certified copy of that order shall be provided to the victim. (2) Willful violation of a court order issued under this section is a gross misdemeanor. Any assault that is a violation of an order issued under this section and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony, and any conduct in violation of a protective order issued under this section that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony. A willful violation of a court order issued under this section is also a class C felony if the offender has at least two previous convictions for violating the provisions of a no-contact order issued under this chapter, or a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order that is issued under Washington law. The previous convictions may involve the same victim or other victims specifically protected by the no-contact orders or protection orders the offender violated. The written order shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter 10.99 RCW and will subject a violator to arrest; any assault, drive-by shooting, or reckless endangerment that is a violation of this order is a felony. (3) Whenever an order prohibiting contact is issued pursuant to this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall forthwith enter the order for one year into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state. NEW SECTION. Sec. 56. A new section is added to chapter 43.121 RCW to read as follows: The legislature of the state of Washington finds that community deterioration and family disintegration are increasing problems in our state. One clear indicator of this damage is juvenile crime and violence. The legislature further finds that prevention is one of the best methods of fighting juvenile crime. Building more facilities to house juvenile offenders can be at best only one part of any solution. Any increased spending on confining juvenile offenders must be closely linked to existing efforts to prevent juvenile crime.
NEW SECTION. Sec. 57. The sentencing guidelines commission shall review conviction data for the past ten years. The commission shall submit a proposed bill to the legislature for introduction in the 1998 legislative session that appropriately ranks all unranked felony offenses for which there have been convictions for the period studied. NEW SECTION. Sec. 58. The legislature finds that it is necessary to improve the analysis, evaluation, and forecasting of sentencing and treatment alternatives for adult and juvenile offenders. In order to establish a universally accepted measuring tool for use in making informed corrections and public safety policy decisions in the adult and juvenile corrections systems, the Washington state institute for public policy shall develop a proposed definition of recidivism. The institute's definition shall provide the legislature and the governor with an objective, outcome-based standard for measuring the success of programs in increasing public safety and reducing subsequent offenses by convicted persons. The definition shall be reported to the governor and the legislature by December 31, 1997. NEW SECTION. Sec. 59. The legislature finds it critical to evaluate the effectiveness of the revisions made in this act to juvenile sentencing for purposes of measuring improvements in public safety and reduction of recidivism. To accomplish this evaluation, the Washington state institute for public policy shall conduct a study of the sentencing revisions. The study shall: (1) Be conducted starting January 1, 2001; (2) examine whether the revisions have affected the rate of initial offense commission and recidivism; (3) determine the impacts of the revisions by age, race, and gender impacts of the revisions; (4) compare the utilization and effectiveness of sentencing alternatives and manifest injustice determinations before and after the revisions; and (5) examine the impact and effectiveness of changes made in the exclusive original jurisdiction of juvenile court over juvenile offenders. The institute shall report the results of the study to the governor and legislature not later than July 1, 2002. NEW SECTION. Sec. 60. The legislature finds that meaningful community involvement is vital to the juvenile justice system's ability to respond to the serious problem of juvenile crime. Citizens and crime victims need to be active partners in responding to crime, in the management of resources, and in the disposition decisions regarding juvenile offenders in their community. Involvement of citizens and crime victims increase offender accountability and build healthier communities, which will reduce recidivism and crime rates in Washington state. The legislature also finds that local governments are in the best position to develop, coordinate, and manage local community prevention, intervention, and corrections programs for juvenile offenders, and to determine local resource priorities. Local community management will build upon local values and increase local control of resources, encourage the use of a comprehensive range of community-based intervention strategies. The primary purpose of sections 60 through 64 of this act, the community juvenile accountability act, is to provide a continuum of community-based programs that emphasize the juvenile offender's accountability for his or her actions while assisting him or her in the development of skills necessary to function effectively and positively in the community in a manner consistent with public safety. NEW SECTION. Sec. 61. (1) In order to receive funds under sections 60 through 64 of this act, local governments may, through their respective agencies that administer funding for consolidated juvenile services, submit proposals that establish community juvenile accountability programs within their communities. These proposals must be submitted to the juvenile rehabilitation administration of the department of social and health services for certification. (2) The proposals must: (a) Demonstrate that the proposals were developed with the input of the community public health and safety networks established under RCW 70.190.060, and the local law and justice councils established under RCW 72.09.300; (b) Describe how local community groups or members are involved in the implementation of the programs funded under sections 60 through 64 of this act; (c) Include a description of how the grant funds will contribute to the expected outcomes of the program and the reduction of youth violence and juvenile crime in their community. Data approaches are not required to be replicated if the networks have information that addresses risks in the community for juvenile offenders. (3) A local government receiving a grant under this section shall agree that any funds received must be used efficiently to encourage the use of community-based programs that reduce the reliance on secure confinement as the sole means of holding juvenile offenders accountable for their crimes. The local government shall also agree to account for the expenditure of all funds received under the grant and to submit to audits for compliance with the grant criteria developed under section 62 of this act. (4) The juvenile rehabilitation administration, in consultation with the Washington association of juvenile court administrators, the state law and justice advisory council, and the family policy council, shall establish guidelines for programs that may be funded under sections 60 through 64 of this act. The guidelines must: (a) Target diverted and adjudicated juvenile offenders; (b) Include assessment methods to determine services, programs, and intervention strategies most likely to change behaviors and norms of juvenile offenders; (c) Provide maximum structured supervision in the community. Programs should use natural surveillance and community guardians such as employers, relatives, teachers, clergy, and community mentors to the greatest extent possible; (d) Promote good work ethic values and educational skills and competencies necessary for the juvenile offender to function effectively and positively in the community; (e) Maximize the efficient delivery of treatment services aimed at reducing risk factors associated with the commission of juvenile offenses; (f) Maximize the reintegration of the juvenile offender into the community upon release from confinement; (g) Maximize the juvenile offender's opportunities to make full restitution to the victims and amends to the community; (h) Support and encourage increased court discretion in imposing community-based intervention strategies; (i) Be compatible with research that shows which prevention and early intervention strategies work with juvenile offenders; (j) Be outcome-based in that it describes what outcomes will be achieved or what outcomes have already been achieved; (k) Include an evaluation component; and (l) Recognize the diversity of local needs. (5) The state law and justice advisory council, with the assistance of the family policy council and the governor's juvenile justice advisory committee, may provide support and technical assistance to local governments for training and education regarding community-based prevention and intervention strategies. NEW SECTION. Sec. 62. (1) The state may make grants to local governments for the provision of community-based programs for juvenile offenders. The grants must be made under a grant formula developed by the juvenile rehabilitation administration, in consultation with the Washington association of juvenile court administrators. (2) Upon certification by the juvenile rehabilitation administration that a proposal satisfies the application and selection criteria, grant funds will be distributed to the local government agency that administers funding for consolidated juvenile services. NEW SECTION. Sec. 63. The legislature recognizes the importance of evaluation and outcome measurements of programs serving juvenile offenders in order to ensure cost-effective use of public funds. The Washington state institute for public policy shall develop standards for measuring the effectiveness of juvenile accountability programs established and approved under section 61 of this act. The standards must be developed and presented to the governor and legislature not later than January 1, 1998. The standards must include methods for measuring success factors following intervention. Success factors include, but are not limited to, continued use of alcohol or controlled substances, arrests, violations of terms of community supervision, convictions for subsequent offenses, and restitution to victims. NEW SECTION. Sec. 64. (1) Each community juvenile accountability program approved and funded under sections 60 through 64 of this act shall comply with the information collection requirements in subsection (2) of this section and the reporting requirements in subsection (3) of this section. (2) The information collected by each community juvenile accountability program must include, at a minimum for each juvenile participant: (a) The name, date of birth, gender, social security number, and, when available, the juvenile information system (JUVIS) control number; (b) an initial intake assessment of each juvenile participating in the program; (c) a list of all juveniles who completed the program; and (d) an assessment upon completion or termination of each juvenile, including outcomes and, where applicable, reasons for termination. (3) The juvenile rehabilitation administration shall annually compile the data and report to the legislature on: (a) The programs funded under sections 60 through 64 of this act; (b) the total cost for each funded program and cost per juvenile; and (c) the essential elements of the program. NEW SECTION. Sec. 65. The Washington state institute for public policy shall evaluate the costs and benefits of the programs funded in sections 60 through 64 of this act. The evaluation must measure whether the programs cost-effectively reduce recidivism and crime rates in Washington state. The institute shall submit reports to the governor and the legislature by December 1, 1998, and December 1, 2000. NEW SECTION. Sec. 66. Sections 60 through 64 of this act may be known as the community juvenile accountability act. NEW SECTION. Sec. 67. Sections 60 through 64 and 66 of this act are added to chapter 13.40 RCW. Sec. 68. RCW 82.44.110 and 1997 c 149 s 911 (SSB 6062) are each amended to read as follows: The county auditor shall regularly, when remitting license fee receipts, pay over and account to the director of licensing for the excise taxes collected under the provisions of this chapter. The director shall forthwith transmit the excise taxes to the state treasurer. (1) The state treasurer shall deposit the excise taxes collected under RCW 82.44.020(1) as follows: (a) 1.60 percent into the motor vehicle fund to defray administrative and other expenses incurred by the department in the collection of the excise tax. (b) 8.15 percent into the Puget Sound capital construction account in the motor vehicle fund. (c) 4.07 percent into the Puget Sound ferry operations account in the motor vehicle fund. (d) 5.88 percent into the general fund to be distributed under RCW 82.44.155. (e) 4.75 percent into the municipal sales and use tax equalization account in the general fund created in RCW 82.14.210. (f) 1.60 percent into the county sales and use tax equalization account in the general fund created in RCW 82.14.200. (g) 62.6440 percent into the general fund through June 30, 1995, and 57.6440 percent into the general fund beginning July 1, 1995. (h) 5 percent into the transportation fund created in RCW 82.44.180 beginning July 1, 1995. (i) 5.9686 percent into the county criminal justice assistance account created in RCW 82.14.310. (j) 1.1937 percent into the municipal criminal justice assistance account for distribution under RCW 82.14.320. (k) 1.1937 percent into the municipal criminal justice assistance account for distribution under RCW 82.14.330. (l) 2.95 percent into the county public health account created in RCW 70.05.125. Notwithstanding (i) through (k) of this subsection, no more than sixty million dollars shall be deposited into the accounts specified in (i) through (k) of this subsection for the period January 1, 1994, through June 30, 1995. Not more than five percent of the funds deposited to these accounts shall be available for appropriations for enhancements to the state patrol crime laboratory system and the continuing costs related to these enhancements. Motor vehicle excise tax funds appropriated for such enhancements shall not supplant existing funds from the state general fund. For the fiscal year ending June 30, 1998, and for each fiscal year thereafter, the amounts deposited into the accounts specified in (i) through (k) of this subsection shall not increase by more than the amounts deposited into those accounts in the previous fiscal year increased by the implicit price deflator for the previous fiscal year. Any revenues in excess of this amount shall be deposited into the violence reduction and drug enforcement account ((during the 1997-99 fiscal biennium)). (2) The state treasurer shall deposit the excise taxes collected under RCW 82.44.020(2) into the transportation fund. (3) The state treasurer shall deposit the excise tax imposed by RCW 82.44.020(3) into the air pollution control account created by RCW 70.94.015. Sec. 69. RCW 69.50.520 and 1997 c 149 s 912 (SSB 6062) are each amended to read as follows: The violence reduction and drug enforcement account is created in the state treasury. All designated receipts from RCW 9.41.110(7), 66.24.210(4), 66.24.290(3), 69.50.505(h)(1), 82.08.150(5), 82.24.020(2), 82.64.020, and section 420, chapter 271, Laws of 1989 shall be deposited into the account. Expenditures from the account may be used only for funding services and programs under chapter 271, Laws of 1989 and chapter 7, Laws of 1994 sp. sess., including state incarceration costs. Funds from the account may also be appropriated to reimburse local governments for costs associated with implementing criminal justice legislation including chapter . . ., Laws of 1997 (this act). During the 1997-1999 biennium, funds from the account may also be used ((to implement Engrossed Third Substitute House Bill No. 3900 (juvenile code revisions), including local government costs, and)) for costs associated with conducting a feasibility study of the department of corrections' offender-based tracking system. After July 1, 1999, at least seven and one-half percent of expenditures from the account shall be used for providing grants to community networks under chapter 70.190 RCW by the family policy council. Sec. 70. RCW 13.40.080 and 1997 c 121 s 8 are each amended to read as follows: (1) A diversion agreement shall be a contract between a juvenile accused of an offense and a diversionary unit whereby the juvenile agrees to fulfill certain conditions in lieu of prosecution. Such agreements may be entered into only after the prosecutor, or probation counselor pursuant to this chapter, has determined that probable cause exists to believe that a crime has been committed and that the juvenile committed it. Such agreements shall be entered into as expeditiously as possible. (2) A diversion agreement shall be limited to one or more of the following: (a) Community service not to exceed one hundred fifty hours, not to be performed during school hours if the juvenile is attending school; (b) Restitution limited to the amount of actual loss incurred by the victim; (c) Attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions at a community agency. The educational or informational sessions may include sessions relating to respect for self, others, and authority; victim awareness; accountability; self-worth; responsibility; work ethics; good citizenship; literacy; and life skills. For purposes of this section, "community agency" may also mean a community-based nonprofit organization, if approved by the diversion unit. The state shall not be liable for costs resulting from the diversionary unit exercising the option to permit diversion agreements to mandate attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions; (d) A fine, not to exceed one hundred dollars. In determining the amount of the fine, the diversion unit shall consider only the juvenile's financial resources and whether the juvenile has the means to pay the fine. The diversion unit shall not consider the financial resources of the juvenile's parents, guardian, or custodian in determining the fine to be imposed; and (e) Requirements to remain during specified hours at home, school, or work, and restrictions on leaving or entering specified geographical areas. (3) In assessing periods of community service to be performed and restitution to be paid by a juvenile who has entered into a diversion agreement, the court officer to whom this task is assigned shall consult with the juvenile's custodial parent or parents or guardian and victims who have contacted the diversionary unit and, to the extent possible, involve members of the community. Such members of the community shall meet with the juvenile and advise the court officer as to the terms of the diversion agreement and shall supervise the juvenile in carrying out its terms. (4)(a) A diversion agreement may not exceed a period of six months and may include a period extending beyond the eighteenth birthday of the divertee. (b) If additional time is necessary for the juvenile to complete restitution to the victim, the time period limitations of this subsection may be extended by an additional six months. (c) If the juvenile has not paid the full amount of restitution by the end of the additional six-month period, then the juvenile shall be referred to the juvenile court for entry of an order establishing the amount of restitution still owed to the victim. In this order, the court shall also determine the terms and conditions of the restitution, including a payment plan extending up to ten years if the court determines that the juvenile does not have the means to make full restitution over a shorter period. For the purposes of this subsection (4)(c), the juvenile shall remain under the court's jurisdiction for a maximum term of ten years after the juvenile's eighteenth birthday. Prior to the expiration of the initial ten-year period, the juvenile court may extend the judgment for restitution an additional ten years. The court may not require the juvenile to pay full or partial restitution if the juvenile reasonably satisfies the court that he or she does not have the means to make full or partial restitution and could not reasonably acquire the means to pay the restitution over a ten-year period. The county clerk shall make disbursements to victims named in the order. The restitution ]to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments. A juvenile under obligation to pay restitution may petition the court for modification of the restitution order. (5) The juvenile shall retain the right to be referred to the court at any time prior to the signing of the diversion agreement. (6) Divertees and potential divertees shall be afforded due process in all contacts with a diversionary unit regardless of whether the juveniles are accepted for diversion or whether the diversion program is successfully completed. Such due process shall include, but not be limited to, the following: (a) A written diversion agreement shall be executed stating all conditions in clearly understandable language; (b) Violation of the terms of the agreement shall be the only grounds for termination; (c) No divertee may be terminated from a diversion program without being given a court hearing, which hearing shall be preceded by: (i) Written notice of alleged violations of the conditions of the diversion program; and (ii) Disclosure of all evidence to be offered against the divertee; (d) The hearing shall be conducted by the juvenile court and shall include: (i) Opportunity to be heard in person and to present evidence; (ii) The right to confront and cross-examine all adverse witnesses; (iii) A written statement by the court as to the evidence relied on and the reasons for termination, should that be the decision; and (iv) Demonstration by evidence that the divertee has substantially violated the terms of his or her diversion agreement. (e) The prosecutor may file an information on the offense for which the divertee was diverted: (i) In juvenile court if the divertee is under eighteen years of age; or (ii) In superior court or the appropriate court of limited jurisdiction if the divertee is eighteen years of age or older. (7) The diversion unit shall, subject to available funds, be responsible for providing interpreters when juveniles need interpreters to effectively communicate during diversion unit hearings or negotiations. (8) The diversion unit shall be responsible for advising a divertee of his or her rights as provided in this chapter. (9) The diversion unit may refer a juvenile to community-based counseling or treatment programs. (10) The right to counsel shall inure prior to the initial interview for purposes of advising the juvenile as to whether he or she desires to participate in the diversion process or to appear in the juvenile court. The juvenile may be represented by counsel at any critical stage of the diversion process, including intake interviews and termination hearings. The juvenile shall be fully advised at the intake of his or her right to an attorney and of the relevant services an attorney can provide. For the purpose of this section, intake interviews mean all interviews regarding the diversion agreement process. The juvenile shall be advised that a diversion agreement shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(9). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the diversionary unit together with the diversion agreement, and a copy of both documents shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language. (11) When a juvenile enters into a diversion agreement, the juvenile court may receive only the following information for dispositional purposes: (a) The fact that a charge or charges were made; (b) The fact that a diversion agreement was entered into; (c) The juvenile's obligations under such agreement; (d) Whether the alleged offender performed his or her obligations under such agreement; and (e) The facts of the alleged offense. (12) A diversionary unit may refuse to enter into a diversion agreement with a juvenile. When a diversionary unit refuses to enter a diversion agreement with a juvenile, it shall immediately refer such juvenile to the court for action and shall forward to the court the criminal complaint and a detailed statement of its reasons for refusing to enter into a diversion agreement. The diversionary unit shall also immediately refer the case to the prosecuting attorney for action if such juvenile violates the terms of the diversion agreement. (13) A diversionary unit may, in instances where it determines that the act or omission of an act for which a juvenile has been referred to it involved no victim, or where it determines that the juvenile referred to it has no prior criminal history and is alleged to have committed an illegal act involving no threat of or instance of actual physical harm and involving not more than fifty dollars in property loss or damage and that there is no loss outstanding to the person or firm suffering such damage or loss, counsel and release or release such a juvenile without entering into a diversion agreement. A diversion unit's authority to counsel and release a juvenile under this subsection shall include the authority to refer the juvenile to community-based counseling or treatment programs. Any juvenile released under this subsection shall be advised that the act or omission of any act for which he or she had been referred shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(9). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the unit, and a copy of the document shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language. A juvenile determined to be eligible by a diversionary unit for release as provided in this subsection shall retain the same right to counsel and right to have his or her case referred to the court for formal action as any other juvenile referred to the unit. (14) A diversion unit may supervise the fulfillment of a diversion agreement entered into before the juvenile's eighteenth birthday and which includes a period extending beyond the divertee's eighteenth birthday. (15) If a fine required by a diversion agreement cannot reasonably be paid due to a change of circumstance, the diversion agreement may be modified at the request of the divertee and with the concurrence of the diversion unit to convert an unpaid fine into community service. The modification of the diversion agreement shall be in writing and signed by the divertee and the diversion unit. The number of hours of community service in lieu of a monetary penalty shall be converted at the rate of the prevailing state minimum wage per hour. (16) Fines imposed under this section shall be collected and paid into the county general fund in accordance with procedures established by the juvenile court administrator under RCW 13.04.040 and may be used only for juvenile services. In the expenditure of funds for juvenile services, there shall be a maintenance of effort whereby counties exhaust existing resources before using amounts collected under this section. NEW SECTION. Sec. 71. The code reviser shall alphabetize the definitions in RCW 13.40.020 and correct any references. NEW SECTION. Sec. 72. The following acts or parts of acts are each repealed: (1) RCW 9.94A.045 and 1996 c 232 s 2; (2) RCW 13.40.025 and 1996 c 232 s 4, 1995 c 269 s 302, 1986 c 288 s 8, 1984 c 287 s 11, & 1981 c 299 s 3; (3) RCW 13.40.075 and 1994 sp.s. c 7 s 546; and (4) RCW 13.40.125 and 1995 c 395 s 6 & 1994 sp.s. c 7 s 545. NEW SECTION. Sec. 73. RCW 13.40.0354 and 1994 sp.s. c 7 s 521 & 1989 c 407 s 6 are each repealed effective July 1, 1998. NEW SECTION. Sec. 74. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. NEW SECTION. Sec. 75. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997, except sections 10, 12, 18, 24 through 26, 30, 38, and 59 of this act which take effect July 1, 1998." On page 1, line 1 of the title, after "offenders;" strike the remainder of the title and insert "amending RCW 5.60.060, 9.94A.040, 13.04.011, 13.40.010, 13.40.0357, 13.40.0357, 13.40.040, 13.40.045, 13.40.050, 13.40.060, 13.40.070, 13.40.077, 13.40.100, 13.40.110, 13.40.130, 13.40.135, 13.40.150, 13.40.160, 13.40.190, 13.40.193, 13.40.200, 13.40.210, 13.40.230, 13.40.250, 13.40.265, 13.40.320, 13.50.010, 13.50.050, 72.01.410, 72.09.460, 9A.36.045, 9A.36.050, 9.41.010, 9.41.040, 9.94A.103, 9.94A.105, 9.94A.310, 10.99.020, 10.99.040, 10.99.050, 82.44.110, 69.50.520, and 13.40.080; reenacting and amending RCW 9.94A.030, 9.94A.120, 9.94A.360, 13.04.030, 13.40.020, 13.40.020, 9.94A.320, and 9A.46.060; adding new sections to chapter 13.40 RCW; adding a new section to chapter 70.96A RCW; adding a new section to chapter 72.01 RCW; adding a new section to chapter 43.121 RCW; creating new sections; repealing RCW 9.94A.045, 13.40.025, 13.40.075, 13.40.125, and 13.40.0354; prescribing penalties; providing effective dates; providing expiration dates; and declaring an emergency.",and the bill do pass as recommended by the Conference Committee.
Signed by Senators Roach, Hargrove, Johnson; Representatives Sheahan, Dickerson, Ballasiotes.
MOTION
Senator Roach moved that the Senate adopt the Report of the Conference Committee on Engrossed Third Substitute House Bill No. 3900.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Roach that the Senate adopt the Report of the Conference Committee on Engrossed Third Substitute House Bill No. 3900.
The motion by Senator Roach carried and the Senate adopted the Report of the Conference Committee on Engrossed Third Substitute House Bill No. 3900.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Third Substitute House Bill No. 3900, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Third Substitute House Bill No. 3900, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 2; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Schow, Sellar, Sheldon, Spanel, Stevens, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45. Absent: Senators Rossi and Strannigan - 2. Excused: Senators McCaslin and Snyder - 2. ENGROSSED THIRD SUBSTITUTE HOUSE BILL NO. 3900, as recommended by the Conference Committee, 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.
MESSAGE FROM THE HOUSE
April 25, 1997
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on ENGROSSED SUBSTITUTE SENATE BILL NO. 5491 and has passed the bill as recommended by the Conference Committee, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
REPORT OF CONFERENCE COMMITTEE
ESSB 5491 April 22, 1997
Includes “New Items”: NO
Revising provisions for termination of parent and child relationship
MR. PRESIDENT:
MR. SPEAKER:
We of your Conference Committee, to whom was referred ENGROSSED SUBSTITUTE SENATE BILL NO. 5491, Revising provisions for termination of parent and child relationship, have had the same under consideration and we recommend that:
All previous amendments not be adopted, and the following striking amendment be adopted:
Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 13.34.130 and 1995 c 313 s 2, 1995 c 311 s 19, and 1995 c 53 s 1 are each reenacted and amended to read as follows: If, after a fact-finding hearing pursuant to RCW 13.34.110, it has been proven by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030; after consideration of the predisposition report prepared pursuant to RCW 13.34.110 and after a disposition hearing has been held pursuant to RCW 13.34.110, the court shall enter an order of disposition pursuant to this section. (1) The court shall order one of the following dispositions of the case: (a) Order a disposition other than removal of the child from his or her home, which shall provide a program designed to alleviate the immediate danger to the child, to mitigate or cure any damage the child has already suffered, and to aid the parents so that the child will not be endangered in the future. In selecting a program, the court should choose those services that least interfere with family autonomy, provided that the services are adequate to protect the child. (b) Order that the child be removed from his or her home and ordered into the custody, control, and care of a relative or the department of social and health services or a licensed child placing agency for placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to chapter 74.15 RCW. Unless there is reasonable cause to believe that the safety or welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered, such child shall be placed with a person who is related to the child as defined in RCW 74.15.020(4)(a) and with whom the child has a relationship and is comfortable, and who is willing and available to care for the child. Placement of the child with a relative under this subsection shall be given preference by the court. An order for out-of-home placement may be made only if the court finds that 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, specifying the services that have been provided to the child and the child's parent, guardian, or legal custodian, and that preventive services have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home, and that: (I) There is no parent or guardian available to care for such child; (ii) The parent, guardian, or legal custodian is not willing to take custody of the child; (iii) The court finds, by clear, cogent, and convincing evidence, a manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home and an order under RCW 26.44.063 would not protect the child from danger; or (iv) The extent of the child's disability is such that the parent, guardian, or legal custodian is unable to provide the necessary care for the child and the parent, guardian, or legal custodian has determined that the child would benefit from placement outside of the home. (2) If the court has ordered a child removed from his or her home pursuant to subsection (1)(b) of this section, the court may order that a petition seeking termination of the parent and child relationship be filed if the court finds it is recommended by the supervising agency, that it is in the best interests of the child and that it is not reasonable to provide further services to reunify the family because the existence of aggravated circumstances make it unlikely that services will effectuate the return of the child to the child's parents in the near future. In determining whether aggravated circumstances exist, the court shall consider one or more of the following: (a) Conviction of the parent of rape of the child in the first, second, or third degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079; (b) Conviction of the parent of criminal mistreatment of the child in the first or second degree as defined in RCW 9A.42.020 and 9A.42.030; (c) Conviction of the parent of one of the following assault crimes, when the child is the victim: Assault in the first or second degree as defined in RCW 9A.36.011 and 9A.36.021 or assault of a child in the first or second degree as defined in RCW 9A.36.120 or 9A.36.130; (d) Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child; (e) A finding by a court that a parent is a sexually violent predator as defined in RCW 71.09.020; (f) Failure of the parent to complete available treatment ordered under this chapter or the equivalent laws of another state, where such failure has resulted in a prior termination of parental rights to another child and the parent has failed to effect significant change in the interim. (3) Whenever a child is ordered removed from the child's home, the agency charged with his or her care shall provide the court with: (a) A permanency plan of care that shall identify one of the following outcomes as a primary goal and may identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; or long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider; and independent living, if appropriate and if the child is age sixteen or older. Whenever a permanency plan identifies independent living as a goal, the plan shall also specifically identify the services that will be provided to assist the child to make a successful transition from foster care to independent living. Before the court approves independent living as a permanency plan of care, the court shall make a finding that the provision of services to assist the child in making a transition from foster care to independent living will allow the child to manage his or her financial affairs and to manage his or her personal, social, educational, and nonfinancial affairs. The department shall not discharge a child to an independent living situation before the child is eighteen years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW. (b) Unless the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to return the child home, and what actions the agency will take to maintain parent-child ties. All aspects of the plan shall include the goal of achieving permanence for the child. (I) The agency plan shall specify what services the parents will be offered in order to enable them to resume custody, what requirements the parents must meet in order to resume custody, and a time limit for each service plan and parental requirement. (ii) The agency shall be required to encourage the maximum parent-child contact possible, including regular visitation and participation by the parents in the care of the child while the child is in placement. Visitation may be limited or denied only if the court determines that such limitation or denial is necessary to protect the child's health, safety, or welfare. (iii) A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being. (iv) The agency charged with supervising a child in placement shall provide all reasonable services that are available within the agency, or within the community, or those services which the department of social and health services has existing contracts to purchase. It shall report to the court if it is unable to provide such services. (c) If the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to achieve permanency for the child, services to be offered or provided to the child, and, if visitation would be in the best interests of the child, a recommendation to the court regarding visitation between parent and child pending a fact-finding hearing on the termination petition. The agency shall not be required to develop a plan of services for the parents or provide services to the parents. (4) If there is insufficient information at the time of the disposition hearing upon which to base a determination regarding the suitability of a proposed placement with a relative, the child shall remain in foster care and the court shall direct the supervising agency to conduct necessary background investigations as provided in chapter 74.15 RCW and report the results of such investigation to the court within thirty days. However, if such relative appears otherwise suitable and competent to provide care and treatment, the criminal history background check need not be completed before placement, but as soon as possible after placement. Any placements with relatives, pursuant to this section, shall be contingent upon cooperation by the relative with the agency case plan and compliance with court orders related to the care and supervision of the child including, but not limited to, court orders regarding parent-child contacts and any other conditions imposed by the court. Noncompliance with the case plan or court order shall be grounds for removal of the child from the relative's home, subject to review by the court. (5) Except for children whose cases are reviewed by a citizen review board under chapter 13.70 RCW, the status of all children found to be dependent shall be reviewed by the court at least every six months from the beginning date of the placement episode or the date dependency is established, whichever is first, at a hearing in which it shall be determined whether court supervision should continue. The review shall include findings regarding the agency and parental completion of disposition plan requirements, and if necessary, revised permanency time limits. (a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in this section no longer exists. The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal. If a child is returned, casework supervision shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention. (b) If the child is not returned home, the court shall establish in writing: (I) Whether reasonable services have been provided to or offered to the parties to facilitate reunion, specifying the services provided or offered; (ii) Whether the child has been placed in the least-restrictive setting appropriate to the child's needs, including whether consideration and preference has been given to placement with the child's relatives; (iii) Whether there is a continuing need for placement and whether the placement is appropriate; (iv) Whether there has been compliance with the case plan by the child, the child's parents, and the agency supervising the placement; (v) Whether progress has been made toward correcting the problems that necessitated the child's placement in out-of-home care; (vi) Whether the parents have visited the child and any reasons why visitation has not occurred or has been infrequent; (vii) Whether additional services are needed to facilitate the return of the child to the child's parents; if so, the court shall order that reasonable services be offered specifying such services; and (viii) The projected date by which the child will be returned home or other permanent plan of care will be implemented. (c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed. Sec. 2. RCW 13.34.180 and 1993 c 412 s 2 and 1993 c 358 s 3 are each reenacted and amended to read as follows: A petition seeking termination of a parent and child relationship may be filed in juvenile court by any party to the dependency proceedings concerning that child. Such petition shall conform to the requirements of RCW 13.34.040, shall be served upon the parties as provided in RCW 13.34.070(8), and shall allege: (1) That the child has been found to be a dependent child under RCW 13.34.030(((2))) (4); and (2) That the court has entered a dispositional order pursuant to RCW 13.34.130; and (3) That the child has been removed or will, at the time of the hearing, have been removed from the custody of the parent for a period of at least six months pursuant to a finding of dependency under RCW 13.34.030(((2))) (4); and (4) That the services ordered under RCW 13.34.130 have been offered or provided and all necessary services, reasonably available, capable of correcting the parental deficiencies within the foreseeable future have been offered or provided; and (5) That there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future. In determining whether the conditions will be remedied the court may consider, but is not limited to, the following factors: (a) Use of intoxicating or controlled substances so as to render the parent incapable of providing proper care for the child for extended periods of time and documented unwillingness of the parent to receive and complete treatment or documented multiple failed treatment attempts; or (b) Psychological incapacity or mental deficiency of the parent that is so severe and chronic as to render the parent incapable of providing proper care for the child for extended periods of time, and documented unwillingness of the parent to receive and complete treatment or documentation that there is no treatment that can render the parent capable of providing proper care for the child in the near future; and (6) That continuation of the parent and child relationship clearly diminishes the child's prospects for early integration into a stable and permanent home; or (7) In lieu of the allegations in subsections (1) through (6) of this section, the petition may allege that the child was found under such circumstances that the whereabouts of the child's parent are unknown and no person has acknowledged paternity or maternity and requested custody of the child within two months after the child was found. A parent's failure to substantially improve parental deficiencies within twelve months following entry of the dispositional order shall give rise to a rebuttable presumption that there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future. The presumption shall not arise unless the petitioner makes a showing that all necessary services reasonably capable of correcting the parental deficiencies within the foreseeable future have been offered or provided. Notice of rights shall be served upon the parent, guardian, or legal custodian with the petition and shall be in substantially the following form: "NOTICE
A petition for termination of parental rights has been filed against you. You have important legal rights and you must take steps to protect your interests. This petition could result in permanent loss of your parental rights.1. You have the right to a fact-finding hearing before a judge.2. You have the right to have a lawyer represent you at the hearing. A lawyer can look at the files in your case, talk to the department of social and health services and other agencies, tell you about the law, help you understand your rights, and help you at hearings. If you cannot afford a lawyer, the court will appoint one to represent you. To get a court-appointed lawyer you must contact: (explain local procedure) .3. At the hearing, you have the right to speak on your own behalf, to introduce evidence, to examine witnesses, and to receive a decision based solely on the evidence presented to the judge.You should be present at this hearing.You may call (insert agency) for more information about your child. The agency's name and telephone number are (insert name and telephone number) .""On page 1, line 2 of the title, after "relationship;" strike the remainder of the title and insert "and reenacting and amending RCW 13.34.130 and 13.34.180.",and the bill do pass as recommended by the Conference Committee.
Signed by Senators Long, Franklin, Stevens; Representatives Boldt, Bush, Tokuda.
MOTION
Senator Long moved that the Senate adopt the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 5491.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Long that the Senate adopt the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 5491.
The motion by Senator Long carried and the Senate adopted the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 5491.
MOTIONS
On motion of Senator Franklin, Senators Haugen, Loveland and Spanel were excused.
On motion of Senator Hale, Senator Rossi 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. 5491, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5491, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 2; Excused, 6.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Schow, Sellar, Sheldon, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 41. Absent: Senators Benton and Swanson - 2. Excused: Senators Haugen, Loveland, McCaslin, Rossi, Snyder and Spanel - 6. ENGROSSED SUBSTITUTE SENATE BILL NO. 5491, as recommended by the Conference Committee, 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.
MESSAGE FROM THE HOUSE
April 25, 1997
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on ENGROSSED SUBSTITUTE SENATE BILL NO. 5082 and has passed the bill as recommended by the Conference Committee, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
REPORT OF CONFERENCE COMMITTEE
ESSB 5082 April 23, 1997
Includes “New Items”: YES
Relating to mental health and chemical dependency treatment for minors
MR. PRESIDENT:
MR. SPEAKER:
We of your Conference Committee, to whom was referred ENGROSSED SUBSTITUTE SENATE BILL NO. 5082, Relating to mental health and chemical dependency treatment for minors, have had the same under consideration and we recommend that:
All previous amendments not be adopted, and the following striking amendment be adopted:
Shrike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. The legislature finds it is often necessary for parents to obtain mental health or chemical dependency treatment for their minor children prior to the time the child's condition presents a likelihood of serious harm or the child becomes gravely disabled. The legislature finds that treatment of such conditions is not the equivalent of incarceration or detention, but is a legitimate act of parental discretion, when supported by decisions of credentialed professionals. The legislature finds that, consistent with Parham v. J.R., 442 U.S. 584 (1979), state action is not involved in the determination of a parent and professional person to admit a minor child to treatment and finds this act provides sufficient independent review by the department of social and health services, as a neutral fact-finder, to protect the interests of all parties. The legislature finds it is necessary to provide parents a statutory process, other than the petition process provided in chapters 70.96A and 71.34 RCW, to obtain treatment for their minor children without the consent of the children. The legislature finds that differing standards of admission and review in parent-initiated mental health and chemical dependency treatment for their minor children are necessary and the admission standards and procedures under state involuntary treatment procedures are not adequate to provide safeguards for the safety and well-being of all children. The legislature finds the timeline for admission and reviews under existing law do not provide sufficient opportunities for assessment of the mental health and chemically dependent status of every minor child and that additional time and different standards will facilitate the likelihood of successful treatment of children who are in need of assistance but unwilling to obtain it voluntarily. The legislature finds there are children whose behavior presents a clear need of medical treatment but is not so extreme as to require immediate state intervention under the state involuntary treatment procedures. MENTAL HEALTH Sec. 2. RCW 71.34.010 and 1992 c 205 s 302 are each amended to read as follows: It is the purpose of this chapter to ((ensure)) assure that minors in need of mental health care and treatment receive an appropriate continuum of culturally relevant care and treatment, ((from)) including prevention and early intervention ((to)), self-directed care, parent-directed care, and involuntary treatment. To facilitate the continuum of care and treatment to minors in out-of-home placements, all divisions of the department that provide mental health services to minors shall jointly plan and deliver those services. It is also the purpose of this chapter to protect the rights of minors against needless hospitalization and deprivations of liberty and to enable treatment decisions to be made in response to clinical needs in accordance with sound professional judgment. The mental health care and treatment providers shall encourage the use of voluntary services and, whenever clinically appropriate, the providers shall offer less restrictive alternatives to inpatient treatment. Additionally, all mental health care and treatment providers shall ((ensure)) assure that minors' parents are given an opportunity to participate in the treatment decisions for their minor children. The mental health care and treatment providers shall, to the extent possible, offer services that involve minors' parents or family. It is also the purpose of this chapter to assure the ability of parents to exercise reasonable, compassionate care and control of their minor children when there is a medical necessity for treatment and without the requirement of filing a petition under this chapter. Sec. 3. RCW 71.34.020 and 1985 c 354 s 2 are each amended to read as follows: Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Child psychiatrist" means a person having a license as a physician and surgeon in this state, who has had graduate training in child psychiatry in a program approved by the American Medical Association or the American Osteopathic Association, and who is board eligible or board certified in child psychiatry. (2) "Children's mental health specialist" means: (a) A mental health professional who has completed a minimum of one hundred actual hours, not quarter or semester hours, of specialized training devoted to the study of child development and the treatment of children; and (b) A mental health professional who has the equivalent of one year of full-time experience in the treatment of children under the supervision of a children's mental health specialist. (3) "Commitment" means a determination by a judge or court commissioner, made after a commitment hearing, that the minor is in need of inpatient diagnosis, evaluation, or treatment or that the minor is in need of less restrictive alternative treatment. (4) "County-designated mental health professional" means a mental health professional designated by one or more counties to perform the functions of a county-designated mental health professional described in this chapter. (5) "Department" means the department of social and health services. (6) "Evaluation and treatment facility" means a public or private facility or unit that is certified by the department to provide emergency, inpatient, residential, or outpatient mental health evaluation and treatment services for minors. A physically separate and separately-operated portion of a state hospital may be designated as an evaluation and treatment facility for minors. A facility which is part of or operated by the department or federal agency does not require certification. No correctional institution or facility, juvenile court detention facility, or jail may be an evaluation and treatment facility within the meaning of this chapter. (7) "Evaluation and treatment program" means the total system of services and facilities coordinated and approved by a county or combination of counties for the evaluation and treatment of minors under this chapter. (8) "Gravely disabled minor" means a minor who, as a result of a mental disorder, is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety, or manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety. (9) "Inpatient treatment" means twenty-four-hour-per-day mental health care provided within a general hospital, psychiatric hospital, or residential treatment facility certified by the department as an evaluation and treatment facility for minors. (10) "Less restrictive alternative" or "less restrictive setting" means outpatient treatment provided to a minor who is not residing in a facility providing inpatient treatment as defined in this chapter. (11) "Likelihood of serious harm" means either: (a) A substantial risk that physical harm will be inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself; (b) a substantial risk that physical harm will be inflicted by an individual upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm; or (c) a substantial risk that physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others. (12) "Medical necessity" for inpatient care means a requested service which is reasonably calculated to: (a) Diagnose, correct, cure, or alleviate a mental disorder; or (b) prevent the worsening of mental conditions that endanger life or cause suffering and pain, or result in illness or infirmity or threaten to cause or aggravate a handicap, or cause physical deformity or malfunction, and there is no adequate less restrictive alternative available. (13) "Medically appropriate" means that a minor admitted to inpatient treatment, under section 13 of this act, has not sufficiently improved his or her condition to be released to a less restrictive setting. (14) "Mental disorder" means any organic, mental, or emotional impairment that has substantial adverse effects on an individual's cognitive or volitional functions. The presence of alcohol abuse, drug abuse, juvenile criminal history, antisocial behavior, or mental retardation alone is insufficient to justify a finding of "mental disorder" within the meaning of this section. (((13))) (15) "Mental health professional" means a psychiatrist, psychologist, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary under this chapter. (((14))) (16) "Minor" means any person under the age of eighteen years. (((15))) (17) "Outpatient treatment" means any of the nonresidential services mandated under chapter 71.24 RCW and provided by licensed services providers as identified by RCW 71.24.025(3). (((16))) (18) "Parent" means: (a) A biological or adoptive parent who has legal custody of the child, including either parent if custody is shared under a joint custody agreement; or (b) A person or agency judicially appointed as legal guardian or custodian of the child. (((17))) (19) "Professional person in charge" or "professional person" means a physician or other mental health professional empowered by an evaluation and treatment facility with authority to make admission and discharge decisions on behalf of that facility. (((18))) (20) "Psychiatric nurse" means a registered nurse who has a bachelor's degree from an accredited college or university, and who has had, in addition, at least two years' experience in the direct treatment of mentally ill or emotionally disturbed persons, such experience gained under the supervision of a mental health professional. "Psychiatric nurse" shall also mean any other registered nurse who has three years of such experience. (((19))) (21) "Psychiatrist" means a person having a license as a physician in this state who has completed residency training in psychiatry in a program approved by the American Medical Association or the American Osteopathic Association, and is board eligible or board certified in psychiatry. (((20))) (22) "Psychologist" means a person licensed as a psychologist under chapter 18.83 RCW. (((21))) (23) "Responsible other" means the minor, the minor's parent or estate, or any other person legally responsible for support of the minor. (((22))) (24) "Secretary" means the secretary of the department or secretary's designee. (((23))) (25) "Start of initial detention" means the time of arrival of the minor at the first evaluation and treatment facility offering inpatient treatment if the minor is being involuntarily detained at the time. With regard to voluntary patients, "start of initial detention" means the time at which the minor gives notice of intent to leave under the provisions of this chapter. Sec. 4. RCW 71.34.025 and 1995 c 312 s 56 are each amended to read as follows: (1) ((The admission of any child under RCW 71.34.030 may be reviewed by the county-designated mental health professional between fifteen and thirty days following admission. The county-designated mental health professional may undertake the review on his or her own initiative and may seek reimbursement from the parents, their insurance, or medicaid for the expense of the review. (2))) The department shall ((ensure)) assure that, for any minor admitted to inpatient treatment under section 13 of this act, a review is conducted by a physician or other mental health professional who is employed by the department, or an agency under contract with the department, and who neither has a financial interest in continued inpatient treatment of the minor nor is affiliated with the facility providing the treatment. The physician or other mental health professional shall conduct the review no sooner than five days and no later than ((sixty)) ten days, excluding Saturdays, Sundays, and holidays, following admission to determine whether it is medically appropriate to continue the ((child's)) minor's treatment on an inpatient basis. ((The department may, subject to available funds, contract with a county for the conduct of the review conducted under this subsection and may seek reimbursement from the parents, their insurance, or medicaid for the expense of any review conducted by an agency under contract. If the county-designated mental health professional determines that continued inpatient treatment of the child is no longer medically appropriate, the professional shall notify the facility, the child, the child's parents, and the department of the finding within twenty-four hours of the determination. (3) For purposes of eligibility for medical assistance under chapter 74.09 RCW, children in inpatient mental health or chemical dependency treatment shall be considered to be part of their parent's or legal guardian's household, unless the child has been assessed by the department of social and health services or its designee as likely to require such treatment for at least ninety consecutive days, or is in out-of-home care in accordance with chapter 13.34 RCW, or the child's parents are found to not be exercising responsibility for care and control of the child. Payment for such care by the department of social and health services shall be made only in accordance with rules, guidelines, and clinical criteria applicable to inpatient treatment of minors established by the department.)) (2) The department shall, at thirty-day intervals following the review conducted under subsection (1) of this section, conduct three reviews of the treatment status of each minor admitted to inpatient treatment, under section 13 of this act, to determine whether it is medically appropriate to continue the minor's treatment under inpatient status. The reviews shall be conducted by a physician or other mental health professional who is employed by the department, or an agency under contract with the department, and who neither has a financial interest in continued inpatient treatment of the minor nor is affiliated with the facility providing the treatment. (3) In making a determination under subsection (1) or (2) of this section, the department shall consider the opinion of the treatment provider, the safety of the minor, and the likelihood the minor's mental health will deteriorate if released from inpatient treatment. The department shall consult with the parent in advance of making its determination. (4) If the department determines it is no longer medically appropriate for a minor to receive inpatient treatment, the department shall immediately notify the parents and the facility. The facility shall release the minor to the parents within twenty-four hours of receiving notice. If the professional person in charge and the parent believe that it is medically appropriate for the minor to remain in inpatient treatment, the minor shall be released to the parent on the second judicial day following the department's determination in order to allow the parent time to file an at-risk youth petition under chapter 13.32A RCW. If the department determines it is medically appropriate for the minor to receive outpatient treatment and the minor declines to obtain such treatment, such refusal shall be grounds for the parent to file an at-risk youth petition. (5) If after the third department review under subsection (2) of this section, the department determines that it is medically appropriate to continue the minor's inpatient treatment, the department, or the department's designee, shall file a petition under RCW 71.34.070 within seven days of the department's determination. For the purposes of this section, it is not necessary to file a petition for initial detention. (6) If the evaluation conducted under section 13 of this act is done by the department, the reviews required by subsections (1) and (2) of this section shall be done by contract with an independent agency. (7) The department may, subject to available funds, contract with other governmental agencies to conduct the reviews under this section. The department may seek reimbursement from the parents, their insurance, or medicaid for the expense of any review conducted by an agency under contract. NEW SECTION. Sec. 5. A new section is added to chapter 71.34 RCW to read as follows: For purposes of eligibility for medical assistance under chapter 74.09 RCW, minors in inpatient mental health treatment shall be considered to be part of their parent's or legal guardian's household, unless the minor has been assessed by the department or its designee as likely to require such treatment for at least ninety consecutive days, or is in out-of-home care in accordance with chapter 13.34 RCW, or the parents are found to not be exercising responsibility for care and control of the minor. Payment for such care by the department shall be made only in accordance with rules, guidelines, and clinical criteria applicable to inpatient treatment of minors established by the department.VOLUNTARY MENTAL HEALTH OUTPATIENT TREATMENTSec. 6. RCW 71.34.030 and 1995 c 312 s 52 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 may be voluntarily admitted by application of the parent. The consent of the minor is not required for the minor to be evaluated and admitted as appropriate. (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. (c) Written renewal of voluntary consent must be obtained from the applicant no less than once every twelve months. (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. However, the state may provide services for indigent minors to the extent that funds are available therefor.)) NEW SECTION. Sec. 7. For the purpose of gathering information related to parental notification of outpatient mental health treatment of minors, the department of health shall conduct a survey of providers of outpatient treatment, as defined in chapter 71.34 RCW. The survey shall gather information from a statistically valid sample of providers. In accordance with confidentiality statutes and the physician-patient privilege, the survey shall secure information from the providers related to: (1) The number of minors receiving outpatient treatment; (2) The number of parents of minors in treatment notified of the minor's treatment; (3) The average number of outpatient visits prior to parental notification; (4) The average number of treatments with parental notification; (5) The average number of treatments without parental notification; (6) The percentage of minors in treatment who are prescribed medication; (7) The medication prescribed; (8) The number of patients terminating treatment due to parental notification; and (9) Any other pertinent information. The department shall submit the survey results to the governor and the appropriate committees of the legislature by December 1, 1997. This section expires June 1, 1998.VOLUNTARY MENTAL HEALTH INPATIENT TREATMENTNEW SECTION. Sec. 8. A new section is added to chapter 71.34 RCW to read as follows: (1) A minor thirteen years or older may admit himself or herself to an evaluation and treatment facility for inpatient mental treatment, without parental consent. The admission shall occur only if the professional person in charge of the facility concurs with the need for inpatient treatment. (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. (3) Written renewal of voluntary consent must be obtained from the applicant no less than once every twelve months. The minor's need for continued inpatient treatments shall be reviewed and documented no less than every one hundred eighty days. NEW SECTION. Sec. 9. A new section is added to chapter 71.34 RCW to read as follows: The administrator of the treatment facility shall provide notice to the parents of a minor when the minor is voluntarily admitted to inpatient treatment under section 8 of this act. The notice 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: (1) That the minor has been admitted to inpatient treatment; (2) of the location and telephone number of the facility providing such treatment; (3) of 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; and (4) of the medical necessity for admission. NEW SECTION. Sec. 10. A new section is added to chapter 71.34 RCW to read as follows: (1) Any minor thirteen years or older who has voluntarily admitted himself or herself to inpatient treatment shall be released to the parent upon the parent's written request for release unless the professional person in charge of the facility exercises his or her option to file a petition for commitment of a minor. (2)(a) The petition shall be filed 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. (b) The petition shall be signed by the minor and the professional person in charge of the facility or that person's designee. (c) The parent may apply to the court for separate counsel to represent the parent if the parent cannot afford counsel. (d) There shall be a hearing on the petition, which shall be held within seventy-two hours from the filing of the petition. (3) The commitment hearing shall be conducted at the superior court or an appropriate place at the treatment facility. (4) The professional person must demonstrate, by a preponderance of the evidence, that the minor is in need of inpatient treatment and that the release would constitute a threat to the minor's health or safety. The rules of evidence shall not apply at the hearing. NEW SECTION. Sec. 11. A new section is added to chapter 71.34 RCW to read as follows: (1) Any minor thirteen years or older voluntarily admitted to an evaluation and treatment facility under section 8 of this act 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. (2) 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. (3) The professional person 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 commences an initial detention proceeding under the provisions of this chapter. NEW SECTION. Sec. 12. A new section is added to chapter 71.34 RCW to read as follows: Any minor admitted to inpatient treatment under section 8 or 13 of this act shall be discharged immediately from inpatient treatment upon written request of the parent.PARENT-INITIATED MENTAL HEALTH TREATMENTNEW SECTION. Sec. 13. A new section is added to chapter 71.34 RCW to read as follows: (1) A parent may bring, or authorize the bringing of, his or her minor child to an evaluation and treatment facility and request that the professional person examine the minor to determine whether the minor has a mental disorder and is in need of inpatient treatment. (2) The consent of the minor is not required for admission, evaluation, and treatment if the parent brings the minor to the facility. (3) An appropriately trained professional person may evaluate whether the minor has a mental disorder. The evaluation shall be completed within twenty-four hours of the time the minor was brought to the facility, unless the professional person determines that the condition of the minor necessitates additional time for evaluation. In no event shall a minor be held longer than seventy-two hours for evaluation without being admitted or released. If, in the judgment of the professional person, it is determined it is a medical necessity for the minor to receive inpatient treatment, the minor may be admitted. Prior to admission, the facility shall limit treatment to that which the professional person determines is medically necessary to stabilize the minor's condition. Within twenty-four hours of the admission, the professional person shall notify the department of the admission. (4) No provider is obligated to provide treatment to a minor under the provisions of this section. No provider may admit a minor to treatment under this section unless it is medically necessary. (5) No minor receiving inpatient treatment under this section may be discharged from the facility based solely on his or her request. (6) For the purposes of this section "professional person" does not include a social worker, unless the social worker is certified under RCW 18.19.110 and appropriately trained and qualified by education and experience, as defined by the department, in psychiatric social work. NEW SECTION. Sec. 14. A new section is added to chapter 71.34 RCW to read as follows: (1) A parent may bring, or authorize the bringing of, his or her minor child to a provider of outpatient mental health treatment and request that an appropriately trained professional person examine the minor to determine whether the minor has a mental disorder and is in need of outpatient treatment. (2) The consent of the minor is not required for evaluation if the parent brings the minor to the provider. (3) The professional person may evaluate whether the minor has a mental disorder and is in need of outpatient treatment. NEW SECTION. Sec. 15. A new section is added to chapter 71.34 RCW to read as follows: The ability of a parent to apply to a certified evaluation and treatment program for the admission of his or her minor does not create a right to obtain or benefit from any funds or resources of the state. The state may provide services for indigent minors to the extent that funds are available. CHEMICAL DEPENDENCY Sec. 16. RCW 70.96A.020 and 1996 c 178 s 23 and 1996 c 133 s 33 are each reenacted and amended to read as follows: For the purposes of this chapter the following words and phrases shall have the following meanings unless the context clearly requires otherwise: (1) "Alcoholic" means a person who suffers from the disease of alcoholism. (2) "Alcoholism" means a disease, characterized by a dependency on alcoholic beverages, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning. (3) "Approved treatment program" means a discrete program of chemical dependency treatment provided by a treatment program certified by the department of social and health services as meeting standards adopted under this chapter. (4) "Chemical dependency" means alcoholism or drug addiction, or dependence on alcohol and one or more other psychoactive chemicals, as the context requires. (5) "Chemical dependency program" means expenditures and activities of the department designed and conducted to prevent or treat alcoholism and other drug addiction, including reasonable administration and overhead. (6) "Department" means the department of social and health services. (7) "Designated chemical dependency specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated under RCW 70.96A.310 to perform the commitment duties described in RCW 70.96A.140 and qualified to do so by meeting standards adopted by the department. (8) "Director" means the person administering the chemical dependency program within the department. (9) "Drug addict" means a person who suffers from the disease of drug addiction. (10) "Drug addiction" means a disease characterized by a dependency on psychoactive chemicals, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning. (11) "Emergency service patrol" means a patrol established under RCW 70.96A.170. (12) "Gravely disabled by alcohol or other drugs" means that a person, as a result of the use of alcohol or other drugs: (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or (b) manifests severe deterioration in routine functioning evidenced by a repeated and escalating loss of cognition or volitional control over his or her actions and is not receiving care as essential for his or her health or safety. (13) "Incapacitated by alcohol or other psychoactive chemicals" means that a person, as a result of the use of alcohol or other psychoactive chemicals, has his or her judgment so impaired that he or she is incapable of realizing and making a rational decision with respect to his or her need for treatment and presents a likelihood of serious harm to himself or herself, to any other person, or to property. (14) "Incompetent person" means a person who has been adjudged incompetent by the superior court. (15) "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol or other psychoactive chemicals. (16) "Licensed physician" means a person licensed to practice medicine or osteopathic medicine and surgery in the state of Washington. (17) "Likelihood of serious harm" means either: (a) A substantial risk that physical harm will be inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on one's self; (b) a substantial risk that physical harm will be inflicted by an individual upon another, as evidenced by behavior that has caused the harm or that places another person or persons in reasonable fear of sustaining the harm; or (c) a substantial risk that physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior that has caused substantial loss or damage to the property of others. (18) "Medical necessity" for inpatient care of a minor means a requested certified inpatient service that is reasonably calculated to: (a) Diagnose, arrest, or alleviate a chemical dependency; or (b) prevent the worsening of chemical dependency conditions that endanger life or cause suffering and pain, or result in illness or infirmity or threaten to cause or aggravate a handicap, or cause physical deformity or malfunction, and there is no adequate less restrictive alternative available. (19) "Medically appropriate" means a minor admitted by his or her parents to inpatient treatment under section 21 of this act has not sufficiently improved his or her condition to be released to a less restrictive setting. (20) "Minor" means a person less than eighteen years of age. (((19))) (21) "Parent" means the parent or parents who have the legal right to custody of the child. Parent includes custodian or guardian. (((20))) (22) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment. (((21))) (23) "Person" means an individual, including a minor. (((22))) (24) "Professional person in charge" or "professional person" means a physician or chemical dependency counselor as defined in rule by the department, who is empowered by a certified treatment program with authority to make assessment, admission, continuing care, and discharge decisions on behalf of the certified program. (25) "Secretary" means the secretary of the department of social and health services. (((23))) (26) "Treatment" means the broad range of emergency, detoxification, residential, and outpatient services and care, including diagnostic evaluation, chemical dependency education and counseling, medical, psychiatric, psychological, and social service care, vocational rehabilitation and career counseling, which may be extended to alcoholics and other drug addicts and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons. (((24))) (27) "Treatment program" means an organization, institution, or corporation, public or private, engaged in the care, treatment, or rehabilitation of alcoholics or other drug addicts.VOLUNTARY CHEMICAL DEPENDENCY OUTPATIENT TREATMENTSec. 17. RCW 70.96A.095 and 1996 c 133 s 34 are each amended to read as follows: (((1))) Any person thirteen years of age or older may give consent for himself or herself to the furnishing of outpatient treatment by a chemical dependency treatment program certified by the department. ((Consent of the parent of a person less than eighteen years of age for inpatient treatment is necessary to authorize the care unless the child meets the definition of a child in need of services in RCW 13.32A.030(4)(c), as determined by the department.)) Parental authorization is required for any treatment of a minor under the age of thirteen. ((The parent of a minor is not liable for payment of care for such persons pursuant to this chapter, unless they have joined in the consent to the treatment. (2) The parent of any minor child may apply to a certified 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 certified treatment program shall accept the application and evaluate the child for admission. The ability of a parent to apply to a certified treatment program for the admission of his or her minor child does not create a right to obtain or benefit from any funds or resources of the state. However, the state may provide services for indigent minors to the extent that funds are available therefor. (3) Any provider of outpatient treatment who provides outpatient treatment to a minor thirteen years of age or older shall provide notice of the minor's request for treatment to the minor's parents if: (a) The minor signs a written consent authorizing the disclosure; or (b) the treatment program director determines that the minor lacks capacity to make a rational choice regarding consenting to disclosure. The notice shall be made within seven days of the request for treatment, excluding Saturdays, Sundays, and holidays, and shall contain the name, location, and telephone number of the facility providing 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 treatment with the parent.)) NEW SECTION. Sec. 18. A new section is added to chapter 70.96A RCW to read as follows: Any provider of outpatient treatment who provides outpatient treatment to a minor thirteen years of age or older shall provide notice of the minor's request for treatment to the minor's parents if: (1) The minor signs a written consent authorizing the disclosure; or (2) the treatment program director determines that the minor lacks capacity to make a rational choice regarding consenting to disclosure. The notice shall be made within seven days of the request for treatment, excluding Saturdays, Sundays, and holidays, and shall contain the name, location, and telephone number of the facility providing 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 treatment with the parent.VOLUNTARY CHEMICAL DEPENDENCY INPATIENT TREATMENTNEW SECTION. Sec. 19. A new section is added to chapter 70.96A RCW to read as follows: Parental consent is required for inpatient chemical dependency treatment of a minor, unless the child meets the definition of a child in need of services in RCW 13.32A.030(4)(c) as determined by the department: PROVIDED, That parental consent is required for any treatment of a minor under the age of thirteen. This section does not apply to petitions filed under this chapter. NEW SECTION. Sec. 20. A new section is added to chapter 70.96A RCW to read as follows: (1) The parent of a minor is not liable for payment of inpatient or outpatient chemical dependency treatment unless the parent has joined in the consent to the treatment. (2) The ability of a parent to apply to a certified treatment program for the admission of his or her minor child does not create a right to obtain or benefit from any funds or resources of the state. However, the state may provide services for indigent minors to the extent that funds are available therefor.PARENT-INITIATED CHEMICAL DEPENDENCY TREATMENTNEW SECTION. Sec. 21. A new section is added to chapter 70.96A RCW to read as follows: (1) A parent may bring, or authorize the bringing of, his or her minor child to a certified treatment program and request that a chemical dependency assessment be conducted by a professional person to determine whether the minor is chemically dependent and in need of inpatient treatment. (2) The consent of the minor is not required for admission, evaluation, and treatment if the parent brings the minor to the program. (3) An appropriately trained professional person may evaluate whether the minor is chemically dependent. The evaluation shall be completed within twenty-four hours of the time the minor was brought to the program, unless the professional person determines that the condition of the minor necessitates additional time for evaluation. In no event shall a minor be held longer than seventy-two hours for evaluation without being admitted or released. If, in the judgment of the professional person, it is determined it is a medical necessity for the minor to receive inpatient treatment, the minor may be admitted. Prior to admission, the facility shall limit treatment to that which the professional person determines is medically necessary to stabilize the minor's condition. Within twenty-four hours of the admission the professional person shall notify the department of the admission. (4) No provider is obligated to provide treatment to a minor under the provisions of this section. No provider may admit a minor to treatment under this section unless it is medically necessary. (5) No minor receiving inpatient treatment under this section may be discharged from the program based solely on his or her request. (6) Any minor admitted to inpatient treatment under this section shall be discharged immediately from inpatient treatment upon written request of the parent. Sec. 22. RCW 70.96A.097 and 1995 c 312 s 48 are each amended to read as follows: (1) ((The admission of any child under RCW 70.96A.095 may be reviewed by the county-designated chemical dependency specialist between fifteen and thirty days following admission. The county-designated chemical dependency specialist may undertake the review on his or her own initiative and may seek reimbursement from the parents, their insurance, or medicaid for the expense of the review. (2))) The department shall ensure that, for any minor admitted to inpatient treatment under section 21 of this act, a review is conducted by a physician or chemical dependency counselor, as defined in rule by the department, who is employed by the department or an agency under contract with the department and who neither has a financial interest in continued inpatient treatment of the minor nor is affiliated with the program providing the treatment. The physician or chemical dependency counselor shall conduct the review no sooner than five days and no later than ((sixty)) ten days, excluding Saturdays, Sundays, and holidays, following admission to determine whether it is medically appropriate to continue the ((child's)) minor's treatment on an inpatient basis. ((The department may, subject to available funds, contract with a county for the conduct of the review conducted under this subsection and may seek reimbursement from the parents, their insurance, or medicaid for the expense of any review conducted by an agency under contract. If the county-designated chemical dependency specialist determines that continued inpatient treatment of the child is no longer medically appropriate, the specialist shall notify the facility, the child, the child's parents, and the department of the finding within twenty-four hours of the determination. (3) For purposes of eligibility for medical assistance under chapter 74.09 RCW, children in inpatient mental health or chemical dependency treatment shall be considered to be part of their parent's or legal guardian's household, unless the child has been assessed by the department of social and health services or its designee as likely to require such treatment for at least ninety consecutive days, or is in out-of-home care in accordance with chapter 13.34 RCW, or the child's parents are found to not be exercising responsibility for care and control of the child. Payment for such care by the department of social and health services shall be made only in accordance with rules, guidelines, and clinical criteria applicable to inpatient treatment of minors established by the department.)) (2) The department shall, at thirty-day intervals following the review conducted under subsection (1) of this section, conduct reviews of the treatment status of each minor admitted to inpatient treatment, under section 21 of this act, to determine whether it is medically appropriate to continue the minor's treatment under inpatient status. The reviews shall be conducted by a physician or chemical dependency counselor, as defined in rule by the department, who is employed by the department, or an agency under contract with the department, and who neither has a financial interest in continued inpatient treatment of the minor nor is affiliated with the program providing the treatment. (3) In making a determination under subsection (1) or (2) of this section whether it is medically appropriate to release the minor from inpatient treatment, the department shall consider the opinion of the treatment provider, the safety of the minor, the likelihood the minor's chemical dependency recovery will deteriorate if released from inpatient treatment, and the wishes of the parent. (4) If the department determines it is no longer medically appropriate for a minor to receive inpatient treatment, the department shall immediately notify the parents and the professional person in charge. The professional person in charge shall release the minor to the parents within twenty-four hours of receiving notice. If the professional person in charge and the parent believe that it is medically appropriate for the minor to remain in inpatient treatment, the minor shall be released to the parent on the second judicial day following the department's determination in order to allow the parent time to file an at-risk youth petition under chapter 13.32A RCW. If the department determines it is medically appropriate for the minor to receive outpatient treatment and the minor declines to obtain such treatment, such refusal shall be grounds for the parent to file an at-risk youth petition. (5) The department may, subject to available funds, contract with other governmental agencies for the conduct of the reviews conducted under this section and may seek reimbursement from the parents, their insurance, or medicaid for the expense of any review conducted by an agency under contract. NEW SECTION. Sec. 23. A new section is added to chapter 70.96A RCW to read as follows: (1) A parent may bring, or authorize the bringing of, his or her minor child to a provider of outpatient chemical dependency treatment and request that an appropriately trained professional person examine the minor to determine whether the minor has a chemical dependency and is in need of outpatient treatment. (2) The consent of the minor is not required for evaluation if the parent brings the minor to the provider. (3) The professional person in charge of the program may evaluate whether the minor has a chemical dependency and is in need of outpatient treatment. NEW SECTION. Sec. 24. A new section is added to chapter 70.96A RCW to read as follows: For purposes of eligibility for medical assistance under chapter 74.09 RCW, minors in inpatient chemical dependency treatment shall be considered to be part of their parent's or legal guardian's household, unless the minor has been assessed by the department or its designee as likely to require such treatment for at least ninety consecutive days, or is in out-of-home care in accordance with chapter 13.34 RCW, or the parents are found to not be exercising responsibility for care and control
of the minor. Payment for such care by the department shall be made only in accordance with rules, guidelines, and clinical criteria applicable to inpatient treatment of minors established by the department. NEW SECTION. Sec. 25. It is the purpose of sections 21 and 23 of this act to assure the ability of parents to exercise reasonable, compassionate care and control of their minor children when there is a medical necessity for treatment and without the requirement of filing a petition under chapter 70.96A RCW. NEW SECTION. Sec. 26. Part headings used in this act do not constitute any part of the law. NEW SECTION. Sec. 27. The department of social and health services shall adopt rules defining "appropriately trained professional person" for the purposes of conducting mental health and chemical dependency evaluations under sections 13(3), 14(1), 21(3), and 23(1) of this act." On page 1, line 2 of the title, after "minors;" strike the remainder of the title and insert "amending RCW 71.34.010, 71.34.020, 71.34.025, 71.34.030, 70.96A.095, and 70.96A.097; reenacting and amending RCW 70.96A.020; adding new sections to chapter 71.34 RCW; adding new sections to chapter 70.96A RCW; creating new sections; and providing an expiration date.", and the bill do pass as recommended by the Conference Committee.
Signed by Senators Long, Hargrove; Representatives Cooke, Ballasiotes, Wolfe.
MOTION
Senator Long moved that the Senate do adopt the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 5082.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Long that the Senate adopt the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 5082.
The motion by Senator Long carried and the Senate adopted the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 5082.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5082, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5082, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 37; Nays, 6; Absent, 0; Excused, 6.
Voting yea: Senators Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Long, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Schow, Sellar, Sheldon, Stevens, Strannigan, Swanson, Swecker, West, Winsley and Wood - 37. Voting nay: Senators Anderson, Fairley, Kohl, Thibaudeau, Wojahn and Zarelli - 6. Excused: Senators Haugen, Loveland, McCaslin, Rossi, Snyder and Spanel - 6. ENGROSSED SUBSTITUTE SENATE BILL NO. 5082, as recommended by the Conference Committee, 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.
INTRODUCTION AND FIRST READING
SCR 8417 by Senators McDonald, Loveland, Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, Morton, Newhouse, e, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli
Renaming the Washington State Library Building as the "Joel Pritchard State Library."
MOTION
On motion of Senator Johnson, the rules were suspended, Senate Concurrent Resolution No. 8417 was advanced to second reading and read the second time.
MOTION
On motion of Senator Johnson, the rules were suspended, Senate Concurrent Resolution No. 8417 was advanced to third reading , the second reading considered the third and the resolution was placed on final passage and adopted.
SENATE CONCURRENT RESOLUTION NO. 8417 was adopted by voice vote.
SENATE CONCURRENT RESOLUTION 1997-8417
By Senators McDonald, Loveland, Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli
WHEREAS, The Honorable Joel Pritchard was elected Washington's fourteenth lieutenant governor in 1988; and
WHEREAS, Lieutenant Governor Pritchard was only the second Lieutenant Governor in Washington history to be born in the state; and
WHEREAS, Lieutenant Governor Pritchard gave Washington citizens thirty-two years of public service; and
WHEREAS, His service included four terms in the state House of Representatives, one term in the state Senate, and six terms in the United States House of Representatives; and
WHEREAS, Joel Pritchard was described in The Seattle Times at the end of his long public career as someone who built a reputation as a man "who achieves by putting public service above partisan or personal advantage"; and
WHEREAS, Joel Pritchard recognized the importance of reading and the joy of teaching others to read and made the cause of literacy the hallmark of his term as Lieutenant Governor; and
WHEREAS, As part of his commitment to teach adults to read, Lieutenant Governor Pritchard tirelessly crisscrossed the state to acknowledge the work of community-based literacy efforts, present citations to outstanding literacy students, and support fellow volunteers; and
WHEREAS, Lieutenant Governor Pritchard personally volunteered as a reading tutor at Seattle's Beacon Hill Elementary School and was an energetic leader in the Washington Reads Program created to promote literacy; and
WHEREAS, As a member of Congress, Joel Pritchard led the fight to preserve the James Madison Memorial Building as the site of an addition to the Library of Congress to preserve our nation's collection of rare and valuable books, manuscripts, and presidential papers; and
WHEREAS, The Washington State Legislature wishes to thank Lieutenant Governor Pritchard for his contributions to further the cause of literacy, to promote libraries, and to encourage all Washington citizens to read;
NOW, THEREFORE, BE IT RESOLVED, By the Senate of the state of Washington, the House of Representatives concurring, That the Director of the Department of General Administration is hereby directed to rename the Washington State Library Building as the "Joel Pritchard State Library"; and
BE IT FURTHER RESOLVED, That all appropriate stationery and references to the state library reflect the name change as soon as it is economically possible; and
BE IT FURTHER RESOLVED, That a copy of this resolution be forwarded to Lieutenant Governor Pritchard; the Honorable Gary Locke, Governor of the State of Washington; State Librarian Nancy Zussy; and John Franklin, Director of the Department of General Administration.
PARLIAMENTARY INQUIRY
Senator Jacobsen: “A point of inquiry, Mr. President. I am just curious, John Franklin is the former Director of the Department of General Administration. I think Marsha Tadano Long is the new director.”
REPLY BY THE PRESIDENT
President Owen: “I believe you are correct. We will administratively make that correction. Thank you.”
MOTION
Senators McDonald, Sheldon, Oke, Prentice, Franklin, Kohl, Thibaudeau, Sellar, McAuliffe, Prince, Deccio, Anderson, Hochstatter and Wojahn spoke to Senate Resolution No. 8417.
REMARKS BY JOEL PRITCHARD
Joel Pritchard: “Thank you very much. Thank you. To be honored by your peers and friends is something wonderful for a person and as you get a little older in life, you appreciate it even more. I think I will say this to you people that are in the legislative process. These are the times in the session when you start taking the heat from everybody and everybody is a critic of our process these days and beating up everybody that is in public life. It is a pretty easy thing to do.
“But, it is not an easy process that we have. Other countries have this parliamentary system where whoever gets the majority, they've got the prime minister, they have everything from top to bottom. We, in our country, we have this ability to have split responsibility and it is not easy and it puts an additional burden on the process. I think that we make a mistake--sorta--I won't say demonizing, but it is so often downgrading those who stand up and serve. It is not an easy process; it is not an easy thing to do in the community. I know what you go through and I know that at this time of the session what you are going through. I for one, say, 'Yes, it is not perfect, but it is the best system in the world.' Over the years we do pretty well. People like yourselves have to stand in here and take the heat and I appreciate the heat you are taking--and thanks again for this wonderful honor.”
MOTION
On motion of Senator Johnson, Senate Current Resolution No. 8417 was ordered immediately transmitted to the House of Representatives.
MOTION
At 10:25 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.
The Senate was called to order at 11:15 a.m. by President Owen.
MOTIONS
On motion of Senator Johnson, the Senate advanced to the ninth order of business.
On motion of Senator Johnson, the following bills which were on the Second Reading Calendar were returned to the Committee on Rules:
BILLS RETURNED TO RULES LEFT ON SECOND READING CALENDAR
SECOND READING
HB 1046 Child personl floatatn devic
ESHB 1074 Personality rights
SHB 1112 f Water rights adjudication
SHB 1121 Child custody
EHB 1128 f Loomis state forest timber
HB 1168 Legislators' newsletters
HB 1172 f Sex offender registration
SHB 1193 Personal service contracts
EHB 1205 f Sex offenses against childrn
SHB 1211 Accident report availability
ESHB 1223 Tenant public nuisance activ
ESHB 1230 Students' religious rights
SHB 1260 Counselor/client communicatn
SHB 1286 Real estate brokers/salesper
ESHB 1317 Amusement games
ESHB 1338 Growth management implementa
SHB 1352 DOT environmental mitigation
2SHB 1374 Alternate teacher certifictn
ESHB 1378 f Student educatnl opportunity
EHB 1394 f Execution witnesses
SHB 1404 f Punch boards and pull-tabs
HB 1405 f Charitable bingo games
ESHB 1471 Vulnerable adults protection
HB 1487 Transportation planning
HB 1489 Publ works/watr polltn funds
SHB 1501 f Driver's license statutes
SHB 1504 Strategy discussions/records
HB 1549 f Gov restrictns/property tax
SHB 1577 Land division
EHB 1584 f School employee benefits
SHB 1596 Solid waste reg authority
SHB 1612 $f Highway design-build procedu
SHB 1618 Impaired physician programs
2SHB 1622 Hispanic American scholarshp
SHB 1624 Wetlands defined
SHB 1672 Intoxication as a defense
HB 1673 Transitional bilingual progr
SHB 1680 Mining and milling operatns
SHB 1692 f Port dist. aquatic lands
2SHB 1709 School mandates
ESHB 1746 f Tobacco possession by minor
SHB 1748 f Maritime trade
SHB 1750 Mobile home park septic syst
HB 1778 f Certificated staff salaries
HB 1785 f Naming state ferries
SHB 1786 Trans improvmnt brd reportng
SHB 1795 Forest practices
SHB 1801 Excellence in teaching award
SHB 1805 f Health care savings accounts
HB 1810 f Education centers
SHB 1815 Growth managmnt hearings brd
HB 1816 Growth management comp plans
HB 1829 Computer hardware trade-ins
ESHB 1840 Basic health plan agents
SHB 1845 f Parents' rights in education
SHB 1849 f Dev. disabled children
2SHB 1862 CPS referral response system
SHB 1867 Food sanitation and safety
HB 1874 Electrical inspections
EHB 1891 f Gov records distribution
ESHB 1911 Employment of minors
SHB 1946 f Vulnerable persons protectns
SHB 1950 Town incorporations
ESHB 1965 Information services board
SHB 1968 f Juvenile offender placement
HB 1991 Accident prevention programs
SHB 1992 Workplace safety
HB 2074 County operation
HB 2084 f Vocational rehabilitation
SHB 2110 Students with disabilities
HB 2146 Claims against UW
SHB 2166 f Coordinated transprtatn serv
ESHB 2217 f Fish passage barrier removal
SHB 2226 f Basic health plan/residency
SHB 2237 Telecommnctns/rights-of-way
SHB 2240 $ Savings incentive account
ESHB 2258 $ Supplemental operatng budget
HB 2261 Governor's budget document
HJM 4001 Habitat conservation plan
HJM 4009 FDA approval of new products
SHJM 4010 Sequim Bypass renamed
ESHCR 4403 Work force training plan
SB 5210 f Electric facilities/tax exmp
SB 5631 f Eductn loan guarantee/tax
SB 5924 f General assistance eligibltyy
SB 6076 Needy student financial aid
SB 6093 Basic health plan
SB 6110 Personal responsibility act
SCR 8412 Cutoff exemptions
MOTION
On motion of Senator Johnson, the Senate returned to the fourth order of business.
MESSAGES FROM THE HOUSE
April 26, 1997
MR. PRESIDENT:
The House receded from its amendment(s) to SENATE BILL NO. 5460 and passed the bill without the House amendment(s), and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 26, 1997
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on SUBSTITUTE HOUSE BILL No. 2097 and has passed the bill as recommended by the Conference Committee.
TIMOTHY A. MARTIN, Chief Clerk
April 25, 1997
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on SUBSTITUTE SENATE BILL NO. 5336 and has passed the bill as recommended by the Conference Committee, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
REPORT OF CONFERENCE COMMITTEE
SSB 5336 April 23, 1997
Includes “New Items: NO
Clarifying and harmonizing provisions affecting cities and towns
MR. PRESIDENT:
MR. SPEAKER:
We of your Conference Committee, to whom was referred SUBSTITUTE SENATE BILL NO. 5336, Clarifying and harmonizing provisions affecting cities and towns, have had the same under consideration and we recommend that the following House Government Administration Committee amendment, as amended, be adopted except for sections 18 and 19:
Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 19.16.500 and 1982 c 65 s 1 are each amended to read as follows: (1) Agencies, departments, taxing districts, political subdivisions of the state, counties, and incorporated cities may retain, by written contract, collection agencies licensed under this chapter for the purpose of collecting public debts owed by any person. (2) No debt may be assigned to a collection agency unless (a) there has been an attempt to advise the debtor (I) of the existence of the debt and (ii) that the debt may be assigned to a collection agency for collection if the debt is not paid, and (b) at least thirty days have elapsed from the time the notice was sent. (3) Collection agencies assigned debts under this section shall have only those remedies and powers which would be available to them as assignees of private creditors. (4) For purposes of this section, the term debt shall include fines, fees, penalties, reasonable costs, assessments, and other debts. (5) The reasonable costs involved in the collection of the debts through the use of a collection agency are reasonable costs that may be added to and included in the debt to be paid by the debtor.
Sec. 2. RCW 39.30.010 and 1970 ex.s. c 42 s 26 are each amended to read as follows: Any city or town or metropolitan park district or county or library district may execute an executory conditional sales contract with a county or counties, the state or any of its political subdivisions, the government of the United States, or any private party for the purchase of any real or personal property, or property rights in connection with the exercise of any powers or duties which they now or hereafter are authorized to exercise, if the entire amount of the purchase price specified in such contract does not result in a total indebtedness in excess of three-fourths of one percent of the value of the taxable property in such ((city or town or metropolitan park district or county or)) library district((: PROVIDED, That)) or the maximum amount of nonvoter-approved indebtedness authorized in such county, city, town, or metropolitan park district. If such a proposed contract would result in a total indebtedness in excess of ((three-fourths of one percent of the value of the taxable property of such city or town or metropolitan park district or county or library district, as the case may be)) this amount, a proposition in regard to whether or not such a contract may be executed shall be submitted to the voters for approval or rejection in the same manner that bond issues for capital purposes are submitted to the voters((: PROVIDED FURTHER, That)). Any city or town or metropolitan park district or county or library district may jointly execute contracts authorized by this section, if the entire amount of the purchase price does not result in a joint total indebtedness in excess of ((three-fourths of one percent of the value of the taxable property in such)) the nonvoter-approved indebtedness limitation of any city ((or)), town ((or)), metropolitan park district ((or)), county, or library district that participates in the jointly executed contract. The term "value of the taxable property" shall have the meaning set forth in RCW 39.36.015. Sec. 3. RCW 35.27.070 and 1993 c 47 s 2 are each amended to read as follows: The government of a town shall be vested in a mayor and a council consisting of five members and a treasurer, all elective; the mayor shall appoint a clerk and a marshal; and may appoint a town attorney, pound master, street superintendent, a civil engineer, and such police and other subordinate officers and employees as may be provided for by ordinance. All appointive officers and employees shall hold office at the pleasure of the mayor, subject to any applicable law, rule, or regulation relating to civil service, and shall not be subject to confirmation by the town council. Sec. 4. RCW 35.07.040 and 1965 c 7 s 35.07.040 are each amended to read as follows: ((If the applicable census shows a population of less than four thousand,)) The council shall cause an election to be called upon the proposition of disincorporation. If the city or town has any indebtedness or outstanding liabilities, it shall order the election of a receiver at the same time. Sec. 5. RCW 9.41.050 and 1996 c 295 s 4 are each amended to read as follows: (1)(a) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed pistol. (b) Every licensee shall have his or her concealed pistol license in his or her immediate possession at all times that he or she is required by this section to have a concealed pistol license and shall display the same upon demand to any police officer or to any other person when and if required by law to do so. Any violation of this subsection (1)(b) shall be a class 1 civil infraction under chapter ((7.84)) 7.80 RCW and shall be punished accordingly pursuant to chapter ((7.84)) 7.80 RCW and the infraction rules for courts of limited jurisdiction. (2) A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed pistol and: (a) The pistol is on the licensee's person, (b) the licensee is within the vehicle at all times that the pistol is there, or (c) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle. (3) A person at least eighteen years of age who is in possession of an unloaded pistol shall not leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle. (4) Except as otherwise provided in this chapter, no person may carry a firearm unless it is unloaded and enclosed in an opaque case or secure wrapper or the person is: (a) Licensed under RCW 9.41.070 to carry a concealed pistol; (b) In attendance at a hunter's safety course or a firearms safety course; (c) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited; (d) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group that uses firearms as a part of the performance; (e) Engaging in a lawful outdoor recreational activity such as hunting, fishing, camping, hiking, or horseback riding, only if, considering all of the attendant circumstances, including but not limited to whether the person has a valid hunting or fishing license, it is reasonable to conclude that the person is participating in lawful outdoor activities or is traveling to or from a legitimate outdoor recreation area; (f) In an area where the discharge of a firearm is permitted, and is not trespassing; (g) Traveling with any unloaded firearm in the person's possession to or from any activity described in (b), (c), (d), (e), or (f) of this subsection, except as provided in (h) of this subsection; (h) Traveling in a motor vehicle with a firearm, other than a pistol, that is unloaded and locked in the trunk or other compartment of the vehicle, placed in a gun rack, or otherwise secured in place in a vehicle, provided that this subsection (4)(h) does not apply to motor homes if the firearms are not within the driver's compartment of the motor home while the vehicle is in operation. Notwithstanding (a) of this subsection, and subject to federal and state park regulations regarding firearm possession therein, a motor home shall be considered a residence when parked at a recreational park, campground, or other temporary residential setting for the purposes of enforcement of this chapter; (I) On real property under the control of the person or a relative of the person; (j) At his or her residence; (k) Is a member of the armed forces of the United States, national guard, or organized reserves, when on duty; (l) Is a law enforcement officer; (m) Carrying a firearm from or to a vehicle for the purpose of taking or removing the firearm to or from a place of business for repair; or (n) An armed private security guard or armed private detective licensed by the department of licensing, while on duty or enroute to and from employment. (5) Violation of any of the prohibitions of subsections (2) through (4) of this section is a misdemeanor. (6) Nothing in this section permits the possession of firearms illegal to possess under state or federal law. (7) Any city, town, or county may enact an ordinance to exempt itself from the prohibition of subsection (4) of this section. Sec. 6. RCW 35A.12.010 and 1994 c 223 s 30 are each amended to read as follows: The government of any noncharter code city or charter code city electing to adopt the mayor-council plan of government authorized by this chapter shall be vested in an elected mayor and an elected council. The council of a noncharter code city having less than twenty-five hundred inhabitants shall consist of five members; when there are twenty-five hundred or more inhabitants, the council shall consist of seven members((: PROVIDED, That)). A city with a population of less than twenty-five hundred at the time of reclassification as an optional municipal code city may choose to maintain a seven-member council. The decision concerning the number of councilmembers shall be made by the council and be incorporated as a section of the ordinance adopting for the city the classification of noncharter code city. If the population of a city after having become a code city decreases from twenty-five hundred or more to less than twenty-five hundred, it shall continue to have a seven member council. If, after a city has become a mayor-council code city, its population increases to twenty-five hundred or more inhabitants, the number of councilmanic offices in such city may increase from five to seven members upon the affirmative vote of a majority of the existing council to increase the number of councilmanic offices in the city. When the population of a mayor-council code city having five councilmanic offices increases to five thousand or more inhabitants, the number of councilmanic offices in the city shall increase from five to seven members. In the event of an increase in the number of councilmanic offices, the city council shall, by majority vote, pursuant to RCW 35A.12.050, appoint two persons to serve in these offices until the next municipal general election, at which election one person shall be elected for a two-year term and one person shall be elected for a four-year term. The number of inhabitants shall be determined by the most recent official state or federal census or determination by the state office of financial management. A charter adopted under the provisions of this title, incorporating the mayor-council plan of government set forth in this chapter, may provide for an uneven number of councilmembers not exceeding eleven. A noncharter code city of less than five thousand inhabitants which has elected the mayor-council plan of government and which has seven councilmanic offices may establish a five-member council in accordance with the following procedure. At least six months prior to a municipal general election, the city council shall adopt an ordinance providing for reduction in the number of councilmanic offices to five. The ordinance shall specify which two councilmanic offices, the terms of which expire at the next general election, are to be terminated. The ordinance shall provide for the renumbering of council positions and shall also provide for a two-year extension of the term of office of a retained councilmanic office, if necessary, in order to comply with RCW 35A.12.040. However, a noncharter code city that has retained its old mayor-council plan of government, as provided in RCW 35A.02.130, is subject to the laws applicable to that old plan of government. NEW SECTION. Sec. 7. A new section is added to chapter 35.23 RCW to read as follows: No person is eligible to hold an elective office in a second class city unless the person is a resident and registered voter in the city. Sec. 8. RCW 35.27.080 and 1965 c 7 s 35.27.080 are each amended to read as follows: No person shall be eligible to or hold an elective office in a town unless he or she is a resident and ((elector therein)) registered voter in the town. Sec. 9. RCW 35.01.020 and 1994 c 81 s 4 are each amended to read as follows: A second class city is a city with a population of ((more than)) fifteen hundred or more at the time of its organization or reorganization that does not have a charter adopted under Article XI, section 10, of the state Constitution, and does not operate under Title 35A RCW. Sec. 10. RCW 35.01.040 and 1994 c 81 s 5 are each amended to read as follows: A town has a population of less than fifteen hundred ((or less)) at the time of its organization and does not operate under Title 35A RCW. Sec. 11. RCW 35.02.130 and 1994 c 154 s 308 are each amended to read as follows: The city or town officially shall become incorporated at a date from one hundred eighty days to three hundred sixty days after the date of the election on the question of incorporation. An interim period shall exist between the time the newly elected officials have been elected and qualified and this official date of incorporation. During this interim period, the newly elected officials are authorized to adopt ordinances and resolutions which shall become effective on or after the official date of incorporation, and to enter into contracts and agreements to facilitate the transition to becoming a city or town and to ensure a continuation of governmental services after the official date of incorporation. Periods of time that would be required to elapse between the enactment and effective date of such ordinances, including but not limited to times for publication or for filing referendums, shall commence upon the date of such enactment as though the city or town were officially incorporated. During this interim period, the city or town governing body may adopt rules establishing policies and procedures under the state environmental policy act, chapter 43.21C RCW, and may use these rules and procedures in making determinations under the state environmental policy act, chapter 43.21C RCW. During this interim period, the newly formed city or town and its governing body shall be subject to the following as though the city or town were officially incorporated: RCW 4.24.470 relating to immunity; chapter 42.17 RCW relating to open government; chapter 40.14 RCW relating to the preservation and disposition of public records; chapters 42.20 and 42.23 RCW relating to ethics and conflicts of interest; chapters 42.30 and 42.32 RCW relating to open public meetings and minutes; RCW 35.22.288, ((35.23.310, 35.24.220)) 35.23.221, 35.27.300, 35A.12.160, as appropriate, and chapter 35A.65 RCW relating to the publication of notices and ordinances; RCW 35.21.875 and 35A.21.230 relating to the designation of an official newspaper; RCW 36.16.138 relating to liability insurance; RCW 35.22.620, 35.23.352, and 35A.40.210, as appropriate, and statutes referenced therein relating to public contracts and bidding; and chapter 39.34 RCW relating to interlocal cooperation. Tax anticipation or revenue anticipation notes or warrants and other short-term obligations may be issued and funds may be borrowed on the security of these instruments during this interim period, as provided in chapter 39.50 RCW. Funds also may be borrowed from federal, state, and other governmental agencies in the same manner as if the city or town were officially incorporated. RCW 84.52.020 and 84.52.070 shall apply to the extent that they may be applicable, and the governing body of such city or town may take appropriate action by ordinance during the interim period to adopt the property tax levy for its first full calendar year following the interim period. The governing body of the new city or town may acquire needed facilities, supplies, equipment, insurance, and staff during this interim period as if the city or town were in existence. An interim city manager or administrator, who shall have such administrative powers and duties as are delegated by the governing body, may be appointed to serve only until the official date of incorporation. After the official date of incorporation the governing body of such a new city organized under the council manager form of government may extend the appointment of such an interim manager or administrator with such limited powers as the governing body determines, for up to ninety days. This governing body may submit ballot propositions to the voters of the city or town to authorize taxes to be collected on or after the official date of incorporation, or authorize an annexation of the city or town by a fire protection district or library district to be effective immediately upon the effective date of the incorporation as a city or town. The boundaries of a newly incorporated city or town shall be deemed to be established for purposes of RCW 84.09.030 on the date that the results of the initial election on the question of incorporation are certified or the first day of January following the date of this election if the newly incorporated city or town does not impose property taxes in the same year that the voters approve the incorporation. The newly elected officials shall take office immediately upon their election and qualification with limited powers during this interim period as provided in this section. They shall acquire their full powers as of the official date of incorporation and shall continue in office until their successors are elected and qualified at the next general municipal election after the official date of incorporation: PROVIDED, That if the date of the next general municipal election is less than twelve months after the date of the first election of councilmembers, those initially elected councilmembers shall serve until their successors are elected and qualified at the next following general municipal election as provided in RCW 29.04.170. For purposes of this section, the general municipal election shall be the date on which city and town general elections are held throughout the state of Washington, pursuant to RCW 29.13.020. In any newly incorporated city that has adopted the council-manager form of government, the term of office of the mayor, during the interim period only, shall be set by the council, and thereafter shall be as provided by law. The official date of incorporation shall be on a date from one hundred eighty to three hundred sixty days after the date of the election on the question of incorporation, as specified in a resolution adopted by the governing body during this interim period. A copy of the resolution shall be filed with the county legislative authority of the county in which all or the major portion of the newly incorporated city or town is located. If the governing body fails to adopt such a resolution, the official date of incorporation shall be three hundred sixty days after the date of the election on the question of incorporation. The county legislative authority of the county in which all or the major portion of the newly incorporated city or town is located shall file a notice with the county assessor that the city or town has been authorized to be incorporated immediately after the favorable results of the election on the question of incorporation have been certified. The county legislative authority shall file a notice with the secretary of state that the city or town is incorporated as of the official date of incorporation. Sec. 12. RCW 35.22.010 and 1965 c 7 s 35.22.010 are each amended to read as follows: Cities of the first class shall be organized and governed according to the law providing for the government of cities having a population of ((twenty)) ten thousand or more inhabitants that have adopted a charter in accordance with Article ((11)) XI, section 10 of the state Constitution. Sec. 13. RCW 35.23.051 and 1995 c 134 s 8 are each amended to read as follows: General municipal elections in second class cities ((not operating under the commission form of government)) shall be held biennially in the odd-numbered years and shall be subject to general election law. The terms of office of the mayor, city attorney, clerk, and treasurer shall be four years and until their successors are elected and qualified and assume office in accordance with RCW 29.04.170: PROVIDED, That if the offices of city attorney, clerk, and treasurer are made appointive, the city attorney, clerk, and treasurer shall not be appointed for a definite term: PROVIDED FURTHER, That the term of the elected treasurer shall not commence in the same biennium in which the term of the mayor commences, nor in which the terms of the city attorney and clerk commence if they are elected. Council positions shall be numbered in each second class city so that council position seven has a two-year term of office and council positions one through six shall each have four-year terms of office. Each councilmember shall remain in office until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170. In its discretion the council of a second class city may divide the city by ordinance, into a convenient number of wards, not exceeding six, fix the boundaries of the wards, and change the ward boundaries from time to time and as provided in RCW 29.70.100. No change in the boundaries of any ward shall be made within one hundred twenty days next before the date of a general municipal election, nor within twenty months after the wards have been established or altered. However, if a boundary change results in one ward being represented by more councilmembers than the number to which it is entitled, those having the shortest unexpired terms shall be assigned by the council to wards where there is a vacancy, and the councilmembers so assigned shall be deemed to be residents of the wards to which they are assigned for purposes of determining whether those positions are vacant. Whenever such city is so divided into wards, the city council shall designate by ordinance the number of councilmembers to be elected from each ward, apportioning the same in proportion to the population of the wards. Thereafter the councilmembers so designated shall be elected by the voters resident in such ward, or by general vote of the whole city as may be designated in such ordinance. Council position seven shall not be associated with a ward and the person elected to that position may reside anywhere in the city and voters throughout the city may vote at a primary to nominate candidates for position seven, when a primary is necessary, and at a general election to elect the person to council position seven. ((When)) Additional territory that is added to the city ((it may)) shall, by act of the council, be annexed to contiguous wards without affecting the right to redistrict at the expiration of twenty months after last previous division. The removal of a councilmember from the ward for which he or she was elected shall create a vacancy in such office. Wards shall be redrawn as provided in chapter 29.70 RCW. Wards shall be used as follows: (1) Only a resident of the ward may be a candidate for, or hold office as, a councilmember of the ward; and (2) only voters of the ward may vote at a primary to nominate candidates for a councilmember of the ward. Voters of the entire city may vote at the general election to elect a councilmember of a ward, unless the city had prior to January 1, 1994, limited the voting in the general election for any or all council positions to only voters residing within the ward associated with the council positions. If a city had so limited the voting in the general election to only voters residing within the ward, then the city shall be authorized to continue to do so. The elections for the remaining council position or council positions that are not associated with a ward shall be conducted as if the wards did not exist. Sec. 14. RCW 35.33.020 and 1985 c 175 s 4 are each amended to read as follows: The provisions of this chapter apply to all cities of the first class ((which)) that have a population of less than three hundred thousand, to all cities of the second ((and third classes)) class, and to all towns, except those cities and towns ((which)) that have adopted an ordinance under RCW 35.34.040 providing for a biennial budget. Sec. 15. RCW 35.34.020 and 1985 c 175 s 5 are each amended to read as follows: This chapter applies to all cities of the first((,)) and second((, and third)) classes and to all towns ((which)), that have by ordinance adopted this chapter authorizing the adoption of a fiscal biennium budget. Sec. 16. RCW 35.86.010 and 1975 1st ex.s. c 221 s 1 are each amended to read as follows: Cities of the first((,)) and second((, and third)) classes are authorized to provide off-street parking space and facilities located on land dedicated for park or civic center purposes, or on other municipally-owned land where the primary purpose of such off-street parking facility is to provide parking for persons who use such park or civic center facilities. In addition a city may own other off-street parking facilities and operate them in accordance with RCW 35.86A.120. Sec. 17. RCW 35A.06.020 and 1995 c 134 s 11 are each amended to read as follows: The classifications of municipalities ((which existed prior to the time this title goes into effect—)) as first class cities, second class cities, unclassified cities, and towns((—)), and the restrictions, limitations, duties, and obligations specifically imposed by law upon such classes of cities and towns, shall have no application to noncharter code cities, but every noncharter code city, by adopting such classification, has elected to be governed by the provisions of this title, with the powers granted hereby. However, any code city that retains its old plan of government is subject to the laws applicable to that old plan of government until the city abandons its old plan of government and reorganizes and adopts a plan of government under chapter 35A.12 or 35A.13 RCW. NEW SECTION. Sec. 18. A new section is added to chapter 35.13 RCW to read as follows: A city or town may not annex territory located in a county with a population of less than six hundred sixty thousand in which the city or town is not currently located, if the territory proposed to be annexed is characterized by industrial or commercial development and was designated as all or part of an urban growth area under RCW 36.70A.110 within two years of the effective date of this act as the result of a decision by a growth management hearings board. This section expires July 1, 1999. NEW SECTION. Sec. 19. A new section is added to chapter 35A.14 RCW to read as follows: A code city may not annex territory located in a county with a population of less than six hundred sixty thousand in which the city is not currently located, if the territory proposed to be annexed is characterized by industrial or commercial development and was designated as all or part of an urban growth area under RCW 36.70A.110 within two years of the effective date of this act as the result of a decision by a growth management hearings board. This section expires July 1, 1999. Sec. 20. RCW 35.13.005 and 1990 1st ex.s. c 17 s 30 are each amended to read as follows: ((No)) A city or town may not annex territory located in a county in which urban growth areas have been designated under RCW 36.70A.110 ((may annex territory)) that is located beyond an urban growth area unless the territory is annexed under RCW 35.13.180. Sec. 21. RCW 35A.14.005 and 1990 1st ex.s. c 17 s 31 are each amended to read as follows: ((No)) A code city may not annex territory located in a county in which urban growth areas have been designated under RCW 36.70A.110 ((may annex territory)) that is located beyond an urban growth area unless the territory is annexed under RCW 35A.14.300. Sec. 22. RCW 35.13.180 and 1994 c 81 s 11 are each amended to read as follows: City and town councils ((of second class cities and towns)) may by a majority vote annex new unincorporated territory outside the city or town limits, whether contiguous or noncontiguous for park, cemetery, or other municipal purposes when such territory is owned by the city or town ((or all of the owners of the real property in the territory give their written consent to the annexation)). Sec. 23. RCW 36.70A.110 and 1995 c 400 s 2 are each amended to read as follows: (1) Each county that is required or chooses to plan under RCW 36.70A.040 shall designate an urban growth area or areas within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban in nature. Each city that is located in such a county shall be included within an urban growth area, except that an area owned by a city or town that was annexed to the city or town under RCW 35.13.180 or 35A.14.300 may be located outside of an urban growth area. An urban growth area may include more than a single city. An urban growth area may include territory that is located outside of a city only if such territory already is characterized by urban growth whether or not the urban growth area includes a city, or is adjacent to territory already characterized by urban growth, or is a designated new fully contained community as defined by RCW 36.70A.350. (2) Based upon the growth management population projection made for the county by the office of financial management, the urban growth areas in the county shall include areas and densities sufficient to permit the urban growth that is projected to occur in the county for the succeeding twenty-year period. Each urban growth area shall permit urban densities and shall include greenbelt and open space areas. An urban growth area determination may include a reasonable land market supply factor and shall permit a range of urban densities and uses. In determining this market factor, cities and counties may consider local circumstances. Cities and counties have discretion in their comprehensive plans to make many choices about accommodating growth. Within one year of July 1, 1990, each county that as of June 1, 1991, was required or chose to plan under RCW 36.70A.040, shall begin consulting with each city located within its boundaries and each city shall propose the location of an urban growth area. Within sixty days of the date the county legislative authority of a county adopts its resolution of intention or of certification by the office of financial management, all other counties that are required or choose to plan under RCW 36.70A.040 shall begin this consultation with each city located within its boundaries. The county shall attempt to reach agreement with each city on the location of an urban growth area within which the city is located. If such an agreement is not reached with each city located within the urban growth area, the county shall justify in writing why it so designated the area an urban growth area. A city may object formally with the department over the designation of the urban growth area within which it is located. Where appropriate, the department shall attempt to resolve the conflicts, including the use of mediation services. (3) Urban growth should be located first in areas already characterized by urban growth that have adequate existing public facility and service capacities to serve such development, second in areas already characterized by urban growth that will be served adequately by a combination of both existing public facilities and services and any additional needed public facilities and services that are provided by either public or private sources, and third in the remaining portions of the urban growth areas. Urban growth may also be located in designated new fully contained communities as defined by RCW 36.70A.350. (4) In general, cities are the units of local government most appropriate to provide urban governmental services. In general, it is not appropriate that urban governmental services be extended to or expanded in rural areas except in those limited circumstances shown to be necessary to protect basic public health and safety and the environment and when such services are financially supportable at rural densities and do not permit urban development. (5) On or before October 1, 1993, each county that was initially required to plan under RCW 36.70A.040(1) shall adopt development regulations designating interim urban growth areas under this chapter. Within three years and three months of the date the county legislative authority of a county adopts its resolution of intention or of certification by the office of financial management, all other counties that are required or choose to plan under RCW 36.70A.040 shall adopt development regulations designating interim urban growth areas under this chapter. Adoption of the interim urban growth areas may only occur after public notice; public hearing; and compliance with the state environmental policy act, chapter 43.21C RCW, and RCW 36.70A.110. Such action may be appealed to the appropriate growth management hearings board under RCW 36.70A.280. Final urban growth areas shall be adopted at the time of comprehensive plan adoption under this chapter. (6) Each county shall include designations of urban growth areas in its comprehensive plan. NEW SECTION. Sec. 24. RCW 35.21.620 shall be recodified as a section in chapter 35.22 RCW. NEW SECTION. Sec. 25. The following acts or parts of acts are each repealed: (1) RCW 35.07.030 and 1965 c 7 s 35.07.030; (2) RCW 35.17.160 and 1965 c 7 s 35.17.160; (3) RCW 35.23.390 and 1965 c 7 s 35.23.390; (4) RCW 35.23.400 and 1965 c 7 s 35.23.400; (5) RCW 35.21.600 and 1979 c 151 s 27, 1965 ex.s. c 47 s 6, & 1965 c 7 s 35.21.600; (6) RCW 35.21.610 and 1965 ex.s. c 47 s 1; and (7) RCW 35A.61.010 and 1967 ex.s. c 119 s 35A.61.010. NEW SECTION. Sec. 26. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately." Correct the title accordingly., and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Horn, Patterson; Representative D. Schmidt, L. Thomas, Scott.
MOTION
Senator Horn moved that the Senate do adopt the Report of the Conference Committee on Substitute Senate Bill No. 5336.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Horn that the Senate adopt the Report of the Conference Committee on Substitute Senate Bill No. 5336.
The motion by Senator Horn carried and the Senate adopted the Report of the Conference Committee on Substitute Senate Bill No. 5336.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5336, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5336, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 39; Nays, 7; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Schow, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 39. Voting nay: Senators Goings, Haugen, Loveland, Prentice, Roach, Swanson and Wojahn - 7. Excused: Senators McCaslin, Rossi and Snyder - 3. SUBSTITUTE SENATE BILL NO. 5336, as recommended by the Conference Committee, 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.
MESSAGE FROM THE HOUSE
April 25, 1997
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on SENATE BILL NO. 5650 and has passed the bill as recommended by the Conference Committee, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
REPORT OF CONFERENCE COMMITTEE
SB 5650 April 24, 1997
Includes “New Items”: NO
Allowing cities to assume jurisdiction over water or sewer districts
MR. PRESIDENT:
MR. SPEAKER:
We of your Conference Committee, to whom was referred SENATE BILL NO. 5650, Allowing cities to assume jurisdiction over water or sewer districts, have had the same under consideration and we recommend that:
All previous amendments not be adopted, and the following striking amendment be adopted:
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. A new section is added to chapter 35.13A RCW to read as follows: The board of commissioners of a water-sewer district, with fewer than one hundred twenty customers on the effective date of this act, may by resolution declare that it is in the best interests of the district for a city, with a population greater than one hundred thousand on the effective date of this act, to assume jurisdiction of the district. None of the territory or assessed valuation of the district need be included within the corporate boundaries of the city. If the city legislative body agrees to assume jurisdiction of the district, the district and the city shall enter into a contract under RCW 35.13A.070, acceptable to both the district and the city, to carry out the assumption. The contract must provide for the transfer to the city of all real and personal property, franchises, rights, assets, taxes levied but not collected for the district for other than indebtedness, water and sewer lines, and all other facilities and equipment of the district. The transfers are subject to all financial, statutory, or contractual obligations of the district for the security or performance of which the property may have been pledged. The city may manage, control, maintain, and operate the property, facilities, and equipment and fix and collect service and other charges from owners and occupants of properties so served by the city. However, the actions of the city are subject to any outstanding indebtedness, bonded or otherwise, of the district payable from taxes, assessments, or revenues of any kind or nature and to any other contractual obligations of the district, including but not limited to the contract entered into by the city and the district under RCW 35.13A.070. Under the contract, the city may assume the obligation of paying the district indebtedness and of levying and collecting or causing to be collected the district taxes, assessments, and utility rates and charges of any kind or nature to pay and secure the payment of the indebtedness, according to all terms, conditions, and covenants incident to the indebtedness. The city shall assume and perform all other outstanding contractual obligations of the district in accordance with all of their terms, conditions, and covenants. The assumption does not impair the obligation of any indebtedness or other contractual obligation entered into after the effective date of this act. Until the outstanding indebtedness of the district has been discharged, the territory of the district and the owners and occupants of property in it, continue to be liable for its and their proportionate share of the indebtedness, including outstanding assessments levied by a local improvement district or utility local improvement district within the water-sewer district. The city shall assume the obligation of paying the indebtedness, collecting the assessments and charges, and observing and performing the other district contractual obligations. The legislative body of the city shall act as the officers of the district for the purpose of certifying the amount of any property tax to be levied and collected in the district, and causing service and other charges and assessments to be collected from the property or owners or occupants of it, enforcing the collection, and performing all other acts necessary to insure performance of the district's contractual obligations. When the city assumes the obligation of paying the outstanding indebtedness, and if property taxes or assessments have been levied and service or other charges have accrued for that purpose but have not been collected by the district before the assumption, the taxes, assessments, and charges collected belong and must be paid to the city and used by the city so far as necessary for payment of indebtedness of the district that existed and was unpaid on the date the city elected to assume the indebtedness. Funds received by the city that have been collected for the purpose of paying bonded or other indebtedness of the district must be used for the purpose for which they were collected and for no other purpose. Outstanding indebtedness must be paid as provided in the bond covenants. The city shall use funds of the district on deposit with the county treasurer at the time of title transfer solely for the benefit of the utility, and shall not transfer them to or use them for the benefit of the city's general fund. This section expires December 31, 1998. Sec. 2. RCW 35.13A.070 and 1971 ex.s. c 95 s 7 are each amended to read as follows: Notwithstanding any provision of this chapter to the contrary, one or more cities and one or more ((water districts or sewer)) districts may, through their legislative authorities, authorize a contract with respect to the rights, powers, duties, and obligation of such cities, or districts with regard to the use and ownership of property, the providing of services, the maintenance and operation of facilities, allocation of cost, financing and construction of new facilities, application and use of assets, disposition of liabilities and debts, the performance of contractual obligations, and any other matters arising out of the inclusion, in whole or in part, of the district or districts within any city or cities, or the assumption by the city of jurisdiction of a district under section 1 of this act. The contract may provide for the furnishing of services by any party thereto and the use of city or district facilities or real estate for such purpose, and may also provide for the time during which such district or districts may continue to exercise any rights, privileges, powers, and functions provided by law for such district or districts as if the district or districts or portions thereof were not included within a city or were not subject to an assumption of jurisdiction under section 1 of this act, including but not by way of limitation, the right to promulgate rules and regulations, to levy and collect special assessments, rates, charges, service charges, and connection fees, ((and)) to adopt and carry out the provisions of a comprehensive plan, and amendments thereto, for a system of improvements, and to issue general obligation bonds or revenue bonds in the manner provided by law. The contract may provide for the transfer to a city of district facilities, property, rights, and powers as provided in RCW 35.13A.030 ((and)), 35.13A.050, and section 1 of this act, whether or not sixty percent or any of the area or assessed valuation of real estate lying within the district or districts is included within such city. The contract may provide that any party thereto may authorize, issue, and sell revenue bonds to provide funds for new water or sewer improvements or to refund any water revenue, sewer revenue, or combined water and sewer revenue bonds outstanding of any city, or district which is a party to such contract if such refunding is deemed necessary, providing such refunding will not increase interest costs. The contract may provide that any party thereto may authorize and issue, in the manner provided by law, general obligation or revenue bonds of like amounts, terms, conditions, and covenants as the outstanding bonds of any other party to the contract, and such new bonds may be substituted or exchanged for such outstanding bonds((: PROVIDED, That)). However, no such exchange or substitution shall be effected in such a manner as to impair the obligation or security of any such outstanding bonds. Sec. 3. RCW 35.13A.080 and 1971 ex.s. c 95 s 8 are each amended to read as follows: In any of the cases provided for in RCW 35.13A.020, 35.13A.030, ((and)) 35.13A.050, and section 1 of this act, and notwithstanding any other method of dissolution provided by law, dissolution proceedings may be initiated by either the city or the district, or both, when the legislative body of the city and the governing body of the district agree to, and petition for, dissolution of the district. The petition for dissolution shall be signed by the chief administrative officer of the city and the district, upon authorization of the legislative body of the city and the governing body of the district, respectively and such petition shall be presented to the superior court of the county in which the city is situated. If the petition is thus authorized by both the city and district, and title to the property, facilities, and equipment of the district has passed to the city pursuant to action taken under this chapter, all indebtedness and local improvement district or utility local improvement district assessments of the district have been discharged or assumed by and transferred to the city, and the petition contains a statement of the distribution of assets and liabilities mutually agreed upon by the city and the district and a copy of the agreement between such city and the district is attached thereto, a hearing shall not be required and the court shall, if the interests of all interested parties have been protected, enter an order dissolving the district. In any of the cases provided for in RCW 35.13A.020 ((and)), 35.13A.030, and section 1 of this act, if the petition for an order of dissolution is signed on behalf of the city alone or the district alone, or there is no mutual agreement on the distribution of assets and liabilities, the superior court shall enter an order fixing a hearing date not less than sixty days from the day the petition is filed, and the clerk of the court of the county shall give notice of such hearing by publication in a newspaper of general circulation in the district once a week for three successive weeks and by posting in three public places in the district at least twenty-one days before the hearing. The notice shall set forth the filing of the petition, its purposes, and the date and place of hearing thereon. After the hearing the court shall enter its order with respect to the dissolution of the district. If the court finds that such district should be dissolved and the functions performed by the city, the court shall provide for the transfer of assets and liabilities to the city. The court may provide for the dissolution of the district upon such conditions as the court may deem appropriate. A certified copy of the court order dissolving the district shall be filed with the county auditor. If the court does not dissolve the district, it shall state the reasons for declining to do so. NEW SECTION. Sec. 4. A new section is added to chapter 35.51 RCW to read as follows: Assessments for local improvements in a local improvement district created by a municipality may be pledged and applied when collected to the payment of its obligations under a loan agreement entered into under chapter 39.69 RCW to pay costs of improvements in such a local improvement district. NEW SECTION. Sec. 5. A new section is added to chapter 35.51 RCW to read as follows: The authority granted by section 4 of this act is supplemental and in addition to the authority granted by Title 35 RCW and to any other authority granted to cities, towns, or municipal corporations to levy, pledge, and apply special assessments." On line 1 of the title, after "government;" strike the remainder of the title and insert "amending RCW 35.13A.070 and 35.13A.080; adding a new section to chapter 35.13A RCW; and adding new sections to chapter 35.51 RCW.", and the bill do pass as recommended by the Conference Committee.
Signed by Senators Horn, Patterson, Finkbeiner; Representatives D. Schmidt, D. Sommers, Scott.
MOTION
Senator Horn moved that the Senate adopt the Report of the Conference Committee on Senate Bill No. 5650.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Horn that the Senate adopt the Report of the Conference Committee on Senate Bill No. 5650.
The motion by Senator Horn carried and the Senate adopted the Report of the Conference Committee on Senate Bill No. 5650.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5650, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5650, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Schow, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45. Absent: Senator Deccio - 1. Excused: Senators McCaslin, Rossi and Snyder - 3. SENATE BILL NO. 5650, as recommended by the Conference Committee, 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.
MESSAGE FROM THE HOUSE
April 26, 1997
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on SUBSTITUTE SENATE BILL NO. 5327 and has passed the bill as recommended by the Conference Committee, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
REPORT OF CONFERENCE COMMITTEE
SSB 5327 April 24, 1997
Included “New Items”: YES
Creating a habitat incentive program through the department of fish and wildlife
MR. PRESIDENT:
MR. SPEAKER:
We of your Conference Committee, to whom was referred SUBSTITUTE SENATE BILL NO. 5327, Creating a habitat incentive program through the department of fish and wildlife, have had the same under consideration and we recommend that all previous amendments not be adopted and the following striking amendment be adopted: Strike everything after the enacting clause and insert the following:"NEW SECTION. Sec. 1. In an effort to increase the amount of habitat available for fish and wildlife, the legislature finds that it is desirable for the department of fish and wildlife, the department of natural resources, and other interested parties to work closely with private landowners to achieve habitat enhancements. In some instances, private landowners avoid enhancing habitat because of a concern that the presence of fish or wildlife may make future land management more difficult. It is the intent of this act to provide a mechanism that facilitates habitat development while avoiding an adverse impact on the landowner at a later date. The habitat incentives program is not intended to supercede any federal laws. NEW SECTION. Sec. 2. (1) The department of fish and wildlife and the department of natural resources shall jointly initiate a habitat incentives program in two phases. In creating this program, the departments shall make use of and complement other study efforts underway relating to habitat protection and enhancement, including the department of fish and wildlife's review of the hydraulic project approval process and the forestry module under development for the forest practices board dealing with practices within riparian areas. (2) In phase one, the department of fish and wildlife and the department of natural resources shall work with affected federally recognized Indian tribes, landowners, the regional fisheries enhancement groups, the timber, fish, and wildlife cooperators, and other interested parties to identify appropriate criteria and other factors necessary for implementation of the habitat incentives program. The departments in concert with the interested parties shall identify at least the following elements for implementation of the program: (a) The factors and the approach that the departments should use in evaluating and weighing the benefits and concurrent risks of entering into a habitat incentives agreement with a landowner; (b) The approach to be used in assigning responsibilities for implementation of the agreement to the landowner and to the departments; (c) Assignment of responsibility for documentation of the conditions on a landowner's property prior to the departments entering into a habitat incentives agreement; (d) The process to be used when a landowner who has entered into a habitat incentives agreement applies for hydraulic project approval or a forest practices permit during the term of the agreement; (e) The process to be used to monitor and evaluate whether actions taken as a part of the agreement actually enhance habitat for the target species and to amend the agreement if the existing agreement is not enhancing habitat; (f) The conditions under which the departments and the landowner may terminate the agreement and the remedies if either party breaches the terms of the agreement; (g) The means for ensuring that the departments are notified if the property covered by the agreement is sold or otherwise transferred into other ownership; (h) The process to be used for reaching concurrence between the landowner, the departments, the timber, fish, and wildlife cooperators, and affected federally recognized Indian tribes; and (i) The process to be used in prioritizing proposed agreements if the requests for agreements exceed the funding available for entering into and implementing such agreements. The departments and the interested parties may identify and propose solutions to other issues necessary in order to implement the habitat incentives program. The departments and the interested parties shall report to the legislature on their findings as well as on any other recommendations for implementation and funding for the habitat incentives program by December 1, 1997. NEW SECTION. Sec. 3. A new section is added to chapter 77.12 RCW to read as follows: (1) Beginning in January 1998, the department of fish and wildlife and the department of natural resources shall implement a habitat incentives program based on the recommendations of federally recognized Indian tribes, landowners, the regional fisheries enhancement groups, the timber, fish, and wildlife cooperators, and other interested parties. The program shall allow a private landowner to enter into an agreement with the departments to enhance habitat on the landowner's property for food fish, game fish, or other wildlife species. In exchange, the landowner shall receive state regulatory certainty with regard to future applications for hydraulic project approval or a forest practices permit on the property covered by the agreement. The overall goal of the program is to provide a mechanism that facilitates habitat development on private property while avoiding an adverse state regulatory impact to the landowner at some future date. A single agreement between the departments and a landowner may encompass up to one thousand acres. A landowner may enter into multiple agreements with the departments, provided that the total acreage covered by such agreements with a single landowner does not exceed ten thousand acres. The departments are not obligated to enter into an agreement unless the departments find that the agreement is in the best interest of protecting fish or wildlife species or their habitat. (2) A habitat incentives agreement shall be in writing and shall contain at least the following: A description of the property covered by the agreement, an expiration date, a description of the condition of the property prior to the implementation of the agreement, and other information needed by the landowner and the departments for future reference and decisions. (3) As part of the agreement, the department of fish and wildlife may stipulate the factors that will be considered when the department evaluates a landowner's application for hydraulic project approval under RCW 75.20.100 or 75.20.103 on property covered by the agreement. The department's identification of these evaluation factors shall be in concurrence with the department of natural resources and affected federally recognized Indian tribes. In general, future decisions related to the issuance, conditioning, or denial of hydraulic project approval shall be based on the conditions present on the landowner's property at the time of the agreement, unless all parties agree otherwise. (4) As part of the agreement, the department of natural resources may stipulate the factors that will be considered when the department evaluates a landowner's application for a forest practices permit under chapter 76.09 RCW on property covered by the agreement. The department's identification of these evaluation factors shall be in concurrence with the department of fish and wildlife and affected federally recognized Indian tribes. In general, future decisions related to the issuance, conditioning, or denial of forest practices permits shall be based on the conditions present on the landowner's property at the time of the agreement, unless all parties agree otherwise. (5) The agreement is binding on and may be used by only the landowner who entered into the agreement with the department. The agreement shall not be appurtenant with the land. However, if a new landowner chooses to maintain the habitat enhancement efforts on the property, the new landowner and the departments may jointly choose to retain the agreement on the property. (6) If the departments receive multiple requests for agreements with private landowners under the habitat incentives program, the departments shall prioritize these requests and shall enter into as many agreements as possible within available budgetary resources. NEW SECTION. Sec. 4. A new section is added to chapter 75.20 RCW to read as follows: When a private landowner is applying for hydraulic project approval under this chapter and that landowner has entered into a habitat incentives agreement with the department and the department of natural resources as provided in section 3 of this act, the department shall comply with the terms of that agreement when evaluating the request for hydraulic project approval. NEW SECTION. Sec. 5. A new section is added to chapter 76.09 RCW to read as follows: When a private landowner is applying for a forest practices permit under this chapter and that landowner has entered into a habitat incentives agreement with the department and the department of fish and wildlife as provided in section 3 of this act, the department shall comply with the terms of that agreement when evaluating the permit application. NEW SECTION. Sec. 6. (1) The sum of twelve thousand one hundred twenty-five dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 1998, from the general fund to the department of fish and wildlife for the purposes of this act. (2) The sum of twelve thousand one hundred twenty-five dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 1999, from the general fund to the department of fish and wildlife for the purposes of this act. (3) The sum of twelve thousand one hundred twenty-five dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 1998, from the general fund to the department of natural resources for the purposes of this act. (4) The sum of twelve thousand one hundred twenty-five dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 1999, from the general fund to the department of natural resources for the purposes of this act." On page 1, line 1 of the title, after "enhancement;" strike the remainder of the title and insert "adding a new section to chapter 77.12 RCW; adding a new section to chapter 75.20 RCW; adding a new section to chapter 76.09 RCW; creating new sections; and making appropriations." and the bill do pass as recommended by the Conference Committee.
Signed by Senators Morton, Hargrove, Rossi; Representatives Buck, Butler.
MOTION
Senator Hargrove moved that the Senate adopt the Report of the Conference Committee on Substitute Senate Bill No. 5327.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Hargrove that the Senate adopt the Report of the Conference Committee on Substitute Senate Bill No. 5327.
The motion by Senator Hargrove carried and the Senate adopted the Report of the Conference Committee on Substitute Senate Bill No. 5327.
MOTION
On motion of Senator Hale, Senator Schow was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5327, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5327, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 44. Voting nay: Senator Fairley - 1. Excused: Senators McCaslin, Rossi, Schow and Snyder - 4. SUBSTITUTE SENATE BILL NO. 5327, as recommended by the Conference Committee, 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.
MESSAGE FROM THE HOUSE
April 26, 1997
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on ENGROSSED SUBSTITUTE SENATE BILL NO. 5574 and has passed the bill as recommended by the Conference Committee, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
REPORT OF CONFERENCE COMMITTEE
ESSB 5574 April 23, 1997
Includes “New Items”: YES
Instituting property tax reform
MR. PRESIDENT:
MR. SPEAKER:
We of your Conference Committee, to whom was referred ENGROSSED SUBSTITUTE SENATE BILL NO. 5574, Instituting property tax reform, have had the same under consideration and we recommend that the following amendment by the House be adopted with the following change:
On page 1, line 11 of the House amendment, after “treasurer”, insert “or tax year 2003, whichever is earlier,”; andHOUSE AMENDMENT Beginning on page 3, line 9, strike everything through "parcels." on page 4, line 5, and insert: "(2) The treasurer shall notify each taxpayer in the county, at the expense of the county, of the amount of the real and personal property, and the current and delinquent amount of tax due on the same; and the treasurer shall have printed on the notice the name of each tax and the levy made on the same. (3) As soon as practical, but not later than the first tax year after a major change in data systems or software used by the treasurer, the notice shall at a minimum contain the following information and this information must be separately stated on the notice: (a) The name and address of the taxpayer; (b) The name, address, and telephone number of the county issuing the notice; (c) The parcel number as noted in the county records; (d) The property address if one exists, or the abbreviated legal description; (e) The year for which the taxes are due; (f) The assessed valuation of the parcel's land value and improvement value, and the assessment year, determined by the county assessor's office; (g) Current billing information containing each type of taxing jurisdiction levying a tax on the identified parcel, and the total amount due for each type of taxing jurisdiction: (i) As a result of regular property taxes, expressed as a dollar amount; and (ii) As a result of the aggregate of all voter-approved levies, including special levies and assessments, expressed as a dollar amount; (h) The total taxes due and payable from the taxpayer, including any delinquent taxes when included and any interest or penalties due as of a specific future date. The treasurer shall include a phone number for current interest and penalty calculations; and (i) A notice of the payment due dates and possible delinquency penalties and interest. (4) In any county where the county treasurer includes multiple parcels of land on a combined tax statement to a single owner, the county treasurer is not required to comply with subsection (3)(d) and (g) of this section. A taxpayer may request a separate tax statement on any or all parcels. (5)" Renumber subsections consecutively and correct any internal references accordingly., and the bill do pass as recommended by the Conference Committee.
Signed by Senators Horn, Patterson, Swecker; Representatives Carrell, Mulliken, Dunshee.
MOTION
Senator Horn moved that the Senate adopt the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 5574.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Horn that the Senate adopt the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 5574.
The motion by Senator Horn carried and the Senate adopted the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 5574.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5574, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5574, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 1; Absent, 1; Excused, 4.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Sheldon, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 43. Voting nay: Senator Loveland - 1. Absent: Senator Sellar - 1. Excused: Senators McCaslin, Rossi, Schow and Snyder - 4. ENGROSSED SUBSTITUTE SENATE BILL NO. 5574, as recommended by the Conference Committee, 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.
MESSAGE FROM THE HOUSE
April 26, 1997
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5927 and has passed the bill as recommended by the Conference Committee, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
REPORT OF CONFERENCE COMMITTEE
E2SSB 5927 April 24, 1997
Includes “New Items”: YES
Changing higher education financing
MR. PRESIDENT:
MR. SPEAKER:
We of your Conference Committee, to whom was referred ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5927, Changing higher education financing, have had the same under consideration and we recommend that:
All previous amendments not be adopted, and the following striking amendment be adopted:
Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 28B.15.067 and 1996 c 212 s 1 are each amended to read as follows: (1) Tuition fees shall be established under the provisions of this chapter. (2) Academic year tuition for full-time students at the state's institutions of higher education for the ((1995-96)) 1997-98 academic year, other than the summer term, shall be as provided in this subsection. (a) At the University of Washington and Washington State University: (i) For resident undergraduate students and other resident students not in graduate ((study)), law, or first professional programs ((or enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine)), two thousand ((seven hundred sixty-four)) nine hundred eighty-eight dollars; (ii)(A) For nonresident undergraduate students and other nonresident students at the University of Washington not in graduate ((study)), law, or first professional programs ((or enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, eight thousand two hundred sixty-eight)), ten thousand two hundred seventy-eight dollars; (B) For nonresident undergraduate students and other nonresident students at Washington State University not in graduate or first professional programs, nine thousand eight hundred seventy dollars; (iii) For resident graduate ((and law)) students ((not enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine)), four thousand ((four hundred ninety)) eight hundred fifty-four dollars; (iv) For nonresident graduate ((and law)) students ((not enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, eleven thousand six hundred thirty-four)), twelve thousand five hundred eighty-eight dollars; (v) For resident law students, five thousand ten dollars; (vi) For nonresident law students, twelve thousand nine hundred fifteen dollars; (vii) For resident first professional students ((enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, seven thousand four hundred ninety-seven)), eight thousand one hundred twelve dollars; and (((vi))) (viii) For nonresident first professional students ((enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, nineteen thousand four hundred thirty-one)), twenty-one thousand twenty-four dollars. (b) At the regional universities and The Evergreen State College: (i) For resident undergraduate and all other resident students not in graduate ((study)) programs, two thousand ((forty-five)) two hundred eleven dollars; (ii) For nonresident undergraduate and all other nonresident students not in graduate ((study)) programs, ((seven thousand nine hundred ninety-two)) eight thousand six hundred forty-six dollars; (iii) For resident graduate students, three thousand ((four hundred forty-three)) seven hundred twenty-six dollars; and (iv) For nonresident graduate students, eleven thousand ((seventy-one)) nine hundred seventy-six dollars. (c) At the community colleges: (i) For resident students, one thousand ((two hundred twelve)) three hundred eleven dollars; and (ii) For nonresident students, five thousand ((one hundred sixty-two)) five hundred eighty-six dollars ((and fifty cents)). (3) Academic year tuition for full-time students at the state's institutions of higher education beginning with the ((1996-97)) 1998-99 academic year, other than the summer term, shall be as provided in this subsection unless different rates are adopted in the omnibus appropriations act. (a) At the University of Washington and Washington State University: (i) For resident undergraduate students and other resident students not in graduate ((study)), law, or first professional programs ((or enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, two thousand eight hundred seventy-five)), three thousand one hundred eight dollars; (ii)(A) For nonresident undergraduate students and other nonresident students at the University of Washington not in graduate ((study)), law, or first professional programs ((or enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, nine thousand four hundred ninety-one)), eleven thousand one hundred thirty dollars; (B) For nonresident undergraduate students and other nonresident students at Washington State University not in graduate or first professional programs, ten thousand two hundred sixty-six dollars; (iii) For resident graduate ((and law)) students ((not enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, four thousand six hundred sixty-nine)), five thousand forty-six dollars; (iv) For nonresident graduate ((and law)) students ((not enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, twelve thousand one hundred)), thirteen thousand ninety-two dollars; (v) For resident law students, five thousand three hundred seventy-six dollars; (vi) For nonresident law students, thirteen thousand seven hundred eighty-two dollars; (vii) For resident first professional students ((enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, seven thousand seven hundred ninety-seven)), eight thousand four hundred thirty-six dollars; and (((vi))) (viii) For nonresident first professional students ((enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, twenty thousand two hundred nine)), twenty-one thousand eight hundred sixty-four dollars. (b) At the regional universities and The Evergreen State College: (i) For resident undergraduate and all other resident students not in graduate ((study)) programs, two thousand ((one hundred twenty-seven)) two hundred ninety-eight dollars; (ii) For nonresident undergraduate and all other nonresident students not in graduate ((study)) programs, eight thousand ((three hundred twelve)) nine hundred ninety-one dollars; (iii) For resident graduate students, three thousand ((five hundred eighty-one)) eight hundred seventy-six dollars; and (iv) For nonresident graduate students, ((eleven thousand five hundred fourteen)) twelve thousand four hundred fifty-six dollars. (c) At the community colleges: (i) For resident students, one thousand ((two hundred sixty-one)) three hundred sixty-two dollars; and (ii) For nonresident students, five thousand ((three hundred sixty-nine)) eight hundred eight dollars ((and fifty cents)). (4) For the 1997-98 and 1998-99 academic years, the University of Washington shall use at least ten percent of the revenue received from the difference between a four percent increase in tuition fees and the actual increase charged to law students to assist needy low and middle-income resident law students. For the 1997-98 and 1998-99 academic years, the University of Washington shall use at least ten percent of the revenue received from the difference between a four percent increase in tuition fees and the actual increase charged to nonresident undergraduate students and all other nonresident students not in graduate, law, or first professional programs to assist needy low and middle-income resident undergraduate students and all other resident students not enrolled in graduate, law, or first professional programs. This requirement is in addition to the deposit requirements of the institutional aid fund under RCW 28B.15.820. (5) The tuition fees established under this chapter shall not apply to high school students enrolling in ((community colleges)) participating institutions of higher education under RCW 28A.600.300 through 28A.600.395. Sec. 2. RCW 28B.15.069 and 1995 1st sp.s. c 9 s 5 are each amended to read as follows: (1) As used in this section, each of the following subsections is a separate tuition category: (a) Resident undergraduate students and all other resident students not in first professional, graduate, or law programs; (b) Nonresident undergraduate students and all other nonresident students not in first professional graduate or law programs; (c) Resident graduate ((and law)) students; (d) Resident law students; (e) Nonresident graduate ((and law)) students; (((e))) (f) Nonresident law students; (g) Resident first professional students; and (((f))) (h) Nonresident first professional students ((in first professional programs)). (2) Unless the context clearly requires otherwise, as used in this section "first professional programs" means programs leading to one of the following degrees: Doctor of medicine, doctor of dental surgery, or doctor of veterinary medicine. (3) ((For the 1995-96 and 1996-97 academic years,)) The building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition for each tuition category in the 1994-95 academic year, rounded up to the nearest half percent. (4) The governing boards of each institution of higher education, except for the technical colleges, shall charge to and collect from each student a services and activities fee. A governing board may increase the existing fee annually, consistent with budgeting procedures set forth in RCW 28B.15.045, by a percentage not to exceed the annual percentage increase in student tuition fees for the applicable tuition category: PROVIDED, That such percentage increase shall not apply to that portion of the services and activities fee previously committed to the repayment of bonded debt. The services and activities fee committee provided for in RCW 28B.15.045 may initiate a request to the governing board for a fee increase. (5) Tuition and services and activities fees consistent with subsection (4) of this section shall be set by the state board for community and technical colleges for community college summer school students unless the community college charges fees in accordance with RCW 28B.15.515. (6) Subject to the limitations of RCW 28B.15.910, each governing board of a community college may charge such fees for ungraded courses, noncredit courses, community services courses, and self-supporting courses as it, in its discretion, may determine, consistent with the rules of the state board for community and technical colleges." On page 1, line 1 of the title, after "education" strike the remainder of the title and insert "and amending RCW 28B.15.067 and 28B.15.069.", and the bill do pass as recommended by the Conference Committee.
Signed by Senators Wood, Kohl, Winsley; Representatives Huff, Carlson, Mason.
MOTION
Senator Wood moved that the Senate adopt the Report of the Conference Committee on Engrossed Second Substitute Senate Bill No. 5927.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Wood that the Senate adopt the Report of the Conference Committee on Engrossed Second Substitute Senate Bill No. 5927.
The motion by Senator Wood carried and the Senate adopted the Report of the Conference Committee on Engrossed Second Substitute Senate Bill No. 5927.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5927, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5927, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 6; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Schow, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 40. Voting nay: Senators Brown, Goings, Jacobsen, Kline, Roach and Swanson - 6. Excused: Senators McCaslin, Rossi and Snyder - 3. ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5927, as recommended by the Conference Committee, 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.
MESSAGE FROM THE HOUSE
April 25, 1997
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on SECOND SUBSTITUTE SENATE BILL NO. 5886 and has passed the bill as recommended by the Conference Committee, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
REPORT OF CONFERENCE COMMITTEE
2SSB 5886 April 24, 1997
Includes “New Items”: YES
Providing a stable funding source for fisheries enhancement and habitat restoration
MR. PRESIDENT:
MR. SPEAKER:
We of your Conference Committee, to whom was referred SECOND SUBSTITUTE SENATE BILL NO. 5886, Providing a stable funding source for fisheries enhancement and habitat restoration, have had the same under consideration and we recommend that:
All previous amendments not be adopted, and the following striking amendment be adopted:Strike everything after the enacting clause and insert the following:"NEW SECTION. Sec. 1. (1) The legislature finds that:(a) Currently, many of the salmon stocks on the Washington coast and in Puget Sound are severely depressed and may soon be listed under the federal endangered species act. (b) Immediate action is needed to reverse the severe decline of this resource and ensure its very survival. (c) The cooperation and participation of private landowners is crucial in efforts to restore and enhance salmon populations. (d) Regional fisheries enhancement groups have been exceptionally successful in their efforts to work with private landowners to restore and enhance salmon habitat on private lands. (e) State funding for regional fisheries enhancement groups has been declining and is a significant limitation to current fisheries enhancement and habitat restoration efforts. (f) Therefore, a stable funding source is essential to the success of the regional enhancement groups and their efforts to work cooperatively with private landowners to restore salmon resources. (2) The legislature further finds that: (a) The increasing population and continued development throughout the state, and the transportation system needed to serve this growth, have exacerbated problems associated with culverts, creating barriers to fish passage. (b) These barriers obstruct habitat and have resulted in reduced production and survival of anadromous and resident fish at a time when salmonid stocks continue to decline. (c) Current state laws do not appropriately direct resources for the correction of fish passage obstructions related to transportation facilities. (d) Current fish passage management efforts related to transportation projects lack necessary coordination on a watershed, regional, and state-wide basis, have inadequate funding, and fail to maximize use of available resources. (e) Therefore, the legislature finds that the department of transportation and the department of fish and wildlife should work with state, tribal, local government, and volunteer entities to develop a coordinated, watershed-based fish passage barrier removal program. NEW SECTION. Sec. 2. A new section is added to chapter 75.50 RCW to read as follows: The department may provide start-up funds to regional fisheries enhancement groups for costs associated with any enhancement project. The regional fisheries enhancement group advisory board and the department shall develop guidelines for providing funds to the regional fisheries enhancement groups. NEW SECTION. Sec. 3. A new section is added to chapter 75.50 RCW to read as follows: The regional fisheries enhancement salmonid recovery account is created in the state treasury. All receipts from federal sources and moneys from state sources specified by law must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used for the sole purpose of fisheries enhancement and habitat restoration by regional fisheries enhancement groups. NEW SECTION. Sec. 4. The regional fisheries enhancement group advisory board shall conduct a study of federal, state, and local permitting requirements for fisheries enhancement and habitat restoration projects. The study shall identify redundant, conflicting, or duplicative permitting requirements and rules, and shall make recommendations for streamlining and improving the permitting process. The results of the study shall be reported to the senate natural resources and parks committee and the house of representatives natural resources committee by November 1, 1997. Sec. 5. RCW 75.50.080 and 1993 sp.s. c 2 s 47 are each amended to read as follows: Regional fisheries enhancement groups, consistent with the long-term regional policy statements developed under RCW 75.50.020, shall seek to: (1) Enhance the salmon and steelhead resources of the state; (2) Maximize volunteer efforts and private donations to improve the salmon and steelhead resources for all citizens; (3) Assist the department in achieving the goal to double the state-wide salmon and steelhead catch by the year 2000 ((under chapter 214, Laws of 1988)); and (4) Develop projects designed to supplement the fishery enhancement capability of the department. Sec. 6. RCW 75.50.160 and 1995 c 367 s 2 are each amended to read as follows: The ((department's habitat division shall work with)) department and the department of transportation shall convene a fish passage barrier removal task force. The task force shall consist of one representative each from the department, the department of transportation, the department of ecology, tribes, cities, counties, ((and)) a business organization, an environmental organization, regional fisheries enhancement groups, and other interested entities as deemed appropriate by the cochairs. The persons representing the department and the department of transportation shall serve as cochairs of the task force and shall appoint members to the task force. The task force shall make recommendations to ((develop a)) expand the program in RCW 75.50.170 to identify and expedite the removal of human-made or caused impediments to anadromous fish passage in the most efficient manner practical. Program recommendations shall include a funding mechanism and other necessary mechanisms to coordinate and prioritize state, tribal, local, and volunteer efforts within each water resource inventory area. A priority shall be given to projects that immediately increase access to available and improved spawning and rearing habitat for depressed, threatened, and endangered stocks. The department or the department of transportation may contract with cities and counties to assist in the identification and removal of impediments to anadromous fish passage. A report on the ((progress of impediment identification and removal and the need for)) recommendations to develop a program to identify and remove fish passage barriers and any additional legislative action needed to implement the program shall be submitted to the ((senate and the house of representatives natural resources)) appropriate standing committees of the legislature no later than ((January 1, 1996)) December 1, 1997." On page 1, line 1 of the title, after "program;" strike the remainder of the title and insert "amending RCW 75.50.080 and 75.50.160; adding new sections to chapter 75.50 RCW; and creating new sections." and the bill do pass as recommended by the Conference Committee.
Signed by Senators Oke, Jacobson; Representatives Buck, Alexander, Anderson.
MOTION
Senator Oke moved that the Senate do adopt the Report of the Conference Committee on Second Substitute Senate Bill No. 5886.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Oke that the Senate adopt the Report of the Conference Committee on Second Substitute Senate Bill No. 5886.
The motion by Senator Oke carried and the Senate adopted the Report of the Conference Committee on Second Substitute Senate Bill No. 5886.
MOTION
On motion of Senator Hale, Senators Horn and Schow were excused.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5886, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5886, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 44. Excused: Senators Horn, McCaslin, Rossi, Schow and Snyder - 5. SECOND SUBSTITUTE SENATE BILL NO. 5886, as recommended by the Conference Committee, 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.
MESSAGE FROM THE HOUSE
April 25, 1997
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on SUBSTITUTE SENATE BILL NO. 5867 and has passed the bill as recommended by the Conference Committee, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
REPORT OF CONFERENCE COMMITTEE
SSB 5867 April 24, 1997
Includes “New Items”: YES
Allowing special excise taxes in certain cities and town for tourism promotion
MR. PRESIDENT:
MR. SPEAKER:
We of your Conference Committee, to whom was referred SUBSTITUTE SENATE BILL NO. 5867, Allowing special excise taxes in certain cities and town for tourism promotion, have had the same under consideration and we recommend that:
The House Committee on Trade and Economic Development amendment adopted April 10, 1997, be adopted with the following amendments: On page 2 of the amendment, after line 9, strike all of subsection (7) and insert:
"(7) "Tourism-related facility" means real or tangible personal property with a usable life of three or more years, or constructed with volunteer labor, and used to support tourism, performing arts, or to accommodate tourist activities." On page 2 of the amendment, after line 16, strike all of section 3 and insert the following: "NEW SECTION. Sec. 3. A new section is added to chapter 67.28 RCW to read as follows: (1) The legislative body of any municipality may impose an excise tax on the sale of or charge made for the furnishing of lodging that is subject to tax under chapter 82.08 RCW. The rate of tax shall not exceed the lesser of four percent or a rate that, when combined with all other taxes imposed upon sales of lodging within the municipality under this chapter and chapters 36.100, 67.40, 82.08, and 82.14 RCW, equals twelve percent. A tax under this chapter shall not be imposed in increments smaller than tenths of a percent. (2) Notwithstanding subsection (1) of this section: (a) If a municipality imposed taxes under this chapter and RCW 67.40.100 with a total rate exceeding four percent on January 1, 1998, the rate of tax imposed under this chapter by the municipality shall not exceed the total rate imposed by the municipality under this chapter and RCW 67.40.100 on January 1, 1998. (b) If a city or town, other than a municipality described in (a) of this subsection, is located in a county that imposed taxes under this chapter with a total rate of four percent or more on January 1, 1997, the rate of tax imposed under this chapter by the city or town shall not exceed two percent. (c) If a city has a population of four hundred thousand or more and is located in a county with a population of one million or more, the rate of tax imposed under this chapter by the city shall not exceed the lesser of four percent or a rate that, when combined with all other taxes imposed upon sales of lodging in the municipality under this chapter and chapters 36.100, 67.40, 82.08, and 82.14 RCW, equals fifteen and two-tenths percent. (3) Except as provided in RCW 67.28.180, any county ordinance or resolution adopted under this section shall contain a provision allowing a credit against the county tax for the full amount of any city or town tax imposed under this section upon the same taxable event. (4) Tax imposed under this section on a sale of lodging shall be credited against the amount of sales tax due to the state under chapter 82.08 RCW on the same sale of lodging, but the total credit for taxes imposed by all municipalities on a sale of lodging shall not exceed the amount that would be imposed under a two percent tax under this section. This subsection does not apply to taxes which are credited against the state sales tax under RCW 67.28.180.” On page 3 of the amendment, line 35, after "municipality" insert "with a population of five thousand or more" On page 4 of the amendment, beginning on line 2, after "authority." strike everything through "chapter." on line 6 and insert "The committee membership shall include: (a) At least two members who are representatives of businesses required to collect tax under this chapter; and (b) at least two members who are persons involved in activities authorized to be funded by revenue received under this chapter. Persons who are eligible for appointment under (a) of this subsection are not eligible for appointment under (b) of this subsection. Persons who are eligible for appointment under (b) of this subsection are not eligible for appointment under (a) of this subsection." On page 23 of the amendment, line 22, strike "January" and insert "April" HOUSE AMENDMENTStrike everything after the enacting clause and insert the following:"NEW SECTION. Sec. 1. The intent of this act is to provide uniform standards for local option excise taxation of lodging. Sec. 2. RCW 67.28.080 and 1991 c 357 s 1 are each amended to read as follows: ((In any county located in whole or in part in a national scenic area and the population of which county is less than 20,000, a convention center facility may include a hotel, destination resort, conference center, or similar or related facility. A convention center facility may include the land on which any of the foregoing structures or facilities are sited. A convention center facility may also include land necessary for the operation of a convention center facility)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Acquisition" includes, but is not limited to, siting, acquisition, design, construction, refurbishing, expansion, repair, and improvement, including paying or securing the payment of all or any portion of general obligation bonds, leases, revenue bonds, or other obligations issued or incurred for such purpose or purposes under this chapter. (2) "Municipality" ((as used in this chapter)) means any county, city or town of the state of Washington. (3) "Operation" includes, but is not limited to, operation, management, and marketing. (4) "Person" ((as used in this chapter)) means the federal government or any agency thereof, the state or any agency, subdivision, taxing district or municipal corporation thereof other than county, city or town, any private corporation, partnership, association, or individual. (5) "Tourism" means economic activity resulting from tourists, which may include sales of overnight lodging, meals, tours, gifts, or souvenirs. (6) "Tourism promotion" means activities and expenditures designed to increase tourism, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to expand tourism; operating tourism promotion agencies; and funding marketing of special events and festivals designed to attract tourists. (7) "Tourism-related facility" means real or tangible personal property with a usable life of three or more years and a monetary value of ten thousand dollars or more used to support tourism or accommodate tourism activities. (8) "Tourist" means a person who travels from a place of residence to a different town, city, county, state, or country, for purposes of business, pleasure, recreation, education, arts, heritage, or culture. NEW SECTION. Sec. 3. A new section is added to chapter 67.28 RCW to read as follows: (1) The legislative body of any municipality may impose an excise tax on the sale of or charge made for the furnishing of lodging that is subject to tax under chapter 82.08 RCW, at a rate not exceeding the applicable limit under subsection (2) of this section. A tax under this chapter shall not be imposed in increments smaller than tenths of a percent. (2)(a) If a municipality imposed taxes under this chapter and RCW 67.40.100 with a total rate exceeding four percent on January 1, 1998, the rate of tax imposed under this chapter by the municipality shall not exceed the total rate imposed by the municipality under this chapter and RCW 67.40.100 on January 1, 1998. (b) If a city or town other than a municipality described in (a) of this subsection is located in a county that imposed taxes under this chapter with a total rate of four percent or more on January 1, 1997, the rate of tax imposed under this chapter by the city or town shall not exceed two percent. (c) If a city has a population of four hundred thousand or more and is located in a county with a population of one million or more, the rate of tax imposed under this chapter by the city shall not exceed the lesser of four percent or a rate that, when combined with all other taxes imposed upon sales of lodging in the municipality under this chapter and chapters 36.100, 67.40, 82.08, and 82.14 RCW, equals fifteen and two-tenths percent. (d) If a municipality is not subject to a limit under (a), (b), or (c) of this subsection, the rate of tax imposed under this chapter by the municipality shall not exceed the lesser of four percent or a rate that, when combined with all other taxes imposed upon sales of lodging within the municipality under this chapter and chapters 36.100, 67.40, 82.08, and 82.14 RCW, equals twelve percent. (3) Except as provided in RCW 67.28.180, any county ordinance or resolution adopted under this section shall contain a provision allowing a credit against the county tax for the full amount of any city or town tax imposed under this section upon the same taxable event. (4) Tax imposed under this section on a sale of lodging shall be credited against the amount of sales tax due to the state under chapter 82.08 RCW on the same sale of lodging, but the total credit for taxes imposed by all municipalities on a sale of lodging shall not exceed the amount that would be imposed under a two percent tax under this section. This subsection does not apply to taxes which are credited against the state sales tax under RCW 67.28.180. NEW SECTION. Sec. 4. A new section is added to chapter 67.28 RCW to read as follows: All revenue from taxes imposed under this chapter shall be credited to a special fund in the treasury of the municipality imposing such tax and used solely for the purpose of paying all or any part of the cost of tourism promotion, acquisition of tourism-related facilities, or operation of tourism-related facilities. Municipalities may, under chapter 39.34 RCW, agree to the utilization of revenue from taxes imposed under this chapter for the purposes of funding a multijurisdictional tourism-related facility.NEW SECTION. Sec. 5. A new section is added to chapter 67.28 RCW to read as follows: (1) Before imposing a tax under section 3 of this act, a municipality shall establish a lodging tax advisory committee under this section. A lodging tax advisory committee shall consist of at least five members, appointed by the legislative body of the municipality, unless the municipality has a charter providing for a different appointment authority. At least two members shall be representatives of businesses required to collect tax under this chapter, and at least two members shall be persons involved in activities authorized to be funded by revenue received under this chapter. Organizations representing businesses required to collect tax under this chapter, organizations involved in activities authorized to be funded by revenue received under this chapter, and local agencies involved in tourism promotion may submit recommendations for membership on the committee. The number of members who are representatives of businesses required to collect tax under this chapter shall equal the number of members who are involved in activities authorized to be funded by revenue received under this chapter. One member shall be an elected official of the municipality who shall serve as chair of the committee. An advisory committee for a county may include one nonvoting member who is an elected official of a city or town in the county. An advisory committee for a city or town may include one nonvoting member who is an elected official of the county in which the city or town is located. The appointing authority shall review the membership of the advisory committee annually and make changes as appropriate. (2) Any municipality that proposes imposition of a tax under this chapter, an increase in the rate of a tax imposed under this chapter, repeal of an exemption from a tax imposed under this chapter, or a change in the use of revenue received under this chapter shall submit the proposal to the lodging tax advisory committee for review and comment. The submission shall occur at least forty-five days before final action on or passage of the proposal by the municipality. The advisory committee shall submit comments on the proposal in a timely manner through generally applicable public comment procedures. The comments shall include an analysis of the extent to which the proposal will accommodate activities for tourists or increase tourism, and the extent to which the proposal will affect the long-term stability of the fund created under section 4 of this act. Failure of the advisory committee to submit comments before final action on or passage of the proposal shall not prevent the municipality from acting on the proposal. A municipality is not required to submit an amended proposal to an advisory committee under this section. NEW SECTION. Sec. 6. (1) Each municipality imposing a tax under chapter 67.28 RCW shall submit a report to the department of community, trade, and economic development on October 1, 1998, and October 1, 2000. Each report shall include the following information: (a) The rate of tax imposed under chapter 67.28 RCW; (b) The total revenue received under chapter 67.28 RCW for each of the preceding six years;(c) A list of projects and activities funded with revenue received under chapter 67.28 RCW; and (d) The amount of revenue under chapter 67.28 RCW expended for each project and activity. (2) The department of community, trade, and economic development shall summarize and analyze the data received under subsection (1) of this section in a report submitted to the legislature on January 1, 1999, and January 1, 2001. The report shall include, but not be limited to, analysis of factors contributing to growth in revenue received under chapter 67.28 RCW and the effects of projects and activities funded with revenue received under chapter 67.28 RCW on tourism growth. Sec. 7. RCW 67.28.120 and 1979 ex.s. c 222 s 1 are each amended to read as follows: Any municipality is authorized either individually or jointly with any other municipality, or person, or any combination thereof, to acquire ((by purchase, gift or grant, to lease as lessee,)) and to ((construct, install, add to, improve, replace, repair, maintain,)) operate ((and regulate the use of public stadium facilities, convention center facilities, performing arts center facilities, and/or visual art center)) tourism-related facilities, whether located within or without such municipality((, including but not limited to buildings, structures, concession and service facilities, roads, bridges, walks, ramps and other access facilities, terminal and parking facilities for private vehicles and public transportation vehicles and systems, together with all lands, properties, property rights, equipment, utilities, accessories and appurtenances necessary for such public stadium facilities, convention center facilities, performing arts center facilities, or visual arts center facilities, and to pay for any engineering, planning, financial, legal and professional services incident to the development and operation of such public facilities)). Sec. 8. RCW 67.28.130 and 1979 ex.s. c 222 s 2 are each amended to read as follows: Any municipality, taxing district, or municipal corporation is authorized to convey or lease any lands, properties or facilities to any other municipality for the development by such other municipality of ((public stadium facilities, convention center facilities, performing arts center facilities, and/or visual art center)) tourism-related facilities or to provide for the joint use of such lands, properties or facilities, or to participate in the financing of all or any part of the public facilities on such terms as may be fixed by agreement between the respective legislative bodies without submitting the matter to the voters of such municipalities, unless the provisions of general law applicable to the incurring of municipal indebtedness shall require such submission. Sec. 9. RCW 67.28.150 and 1984 c 186 s 56 are each amended to read as follows: To carry out the purposes of this chapter any municipality shall have the power to issue general obligation bonds within the limitations now or hereafter prescribed by the laws of this state. Such general obligation bonds shall be authorized, executed, issued and made payable as other general obligation bonds of such municipality: PROVIDED, That the governing body of such municipality may provide that such bonds mature in not to exceed forty years from the date of their issue, may provide that such bonds also be made payable from any special taxes provided for in ((RCW 67.28.180)) this chapter, and may provide that such bonds also be made payable from any otherwise unpledged revenue which may be derived from the ownership or operation of any properties. Sec. 10. RCW 67.28.160 and 1983 c 167 s 168 are each amended to read as follows: (1) To carry out the purposes of this chapter the legislative body of any municipality shall have the power to issue revenue bonds without submitting the matter to the voters of the municipality: PROVIDED, That the legislative body shall create a special fund or funds for the sole purpose of paying the principal of and interest on the bonds of each such issue, into which fund or funds the legislative body may obligate the municipality to pay all or part of amounts collected from the special taxes provided for in ((RCW 67.28.180)) this chapter, and/or to pay such amounts of the gross revenue of all or any part of the facilities constructed, acquired, improved, added to, repaired or replaced pursuant to this chapter, as the legislative body shall determine: PROVIDED, FURTHER, That the principal of and interest on such bonds shall be payable only out of such special fund or funds, and the owners of such bonds shall have a lien and charge against the gross revenue pledged to such fund. Such revenue bonds and the interest thereon issued against such fund or funds shall constitute a claim of the owners thereof only as against such fund or funds and the revenue pledged therefor, and shall not constitute a general indebtedness of the municipality. Each such revenue bond shall state upon its face that it is payable from such special fund or funds, and all revenue bonds issued under this chapter shall be negotiable securities within the provisions of the law of this state. Such revenue bonds may be registered either as to principal only or as to principal and interest as provided in RCW 39.46.030, or may be bearer bonds; shall be in such denominations as the legislative body shall deem proper; shall be payable at such time or times and at such places as shall be determined by the legislative body; shall be executed in such manner and bear interest at such rate or rates as shall be determined by the legislative body. Such revenue bonds shall be sold in such manner as the legislative body shall deem to be for the best interests of the municipality, either at public or private sale. The legislative body may at the time of the issuance of such revenue bonds make such covenants with the owners of said bonds as it may deem necessary to secure and guaranty the payment of the principal thereof and the interest thereon, including but not being limited to covenants to set aside adequate reserves to secure or guaranty the payment of such principal and interest, to pledge and apply thereto part or all of any lawfully authorized special taxes provided for in ((RCW 67.28.180)) this chapter, to maintain rates, charges or rentals sufficient with other available moneys to pay such principal and interest and to maintain adequate coverage over debt service, to appoint a trustee or trustees for the bond owners, to safeguard the expenditure of the proceeds of sale of such bonds and to fix the powers and duties of such trustee or trustees and to make such other covenants as the legislative body may deem necessary to accomplish the most advantageous sale of such bonds. The legislative body may also provide that revenue bonds payable out of the same source may later be issued on a parity with revenue bonds being issued and sold. The legislative body may include in the principal amount of any such revenue bond issue an amount for engineering, architectural, planning, financial, legal, and other services and charges incident to the acquisition or construction of public stadium facilities, convention center facilities, performing arts center facilities, and/or visual arts center facilities, an amount to establish necessary reserves, an amount for working capital and an amount necessary for interest during the period of construction of any facilities to be financed from the proceeds of such issue plus six months. The legislative body may, if it deems it in the best interest of the municipality, provide in any contract for the construction or acquisition of any facilities or additions or improvements thereto or replacements or extensions thereof that payment therefor shall be made only in such revenue bonds. If the municipality shall fail to carry out or perform any of its obligations or covenants made in the authorization, issuance and sale of such bonds, the owner of any such bond may bring action against the municipality and compel the performance of any or all of such covenants. (2) Notwithstanding subsection (1) of this section, such bonds may be issued and sold in accordance with chapter 39.46 RCW. Sec. 11. RCW 67.28.170 and 1979 ex.s. c 222 s 4 are each amended to read as follows: The legislative body of any municipality owning or operating ((public stadium facilities, convention center facilities, performing arts center facilities, and/or visual arts center)) tourism-related facilities acquired ((or developed pursuant to)) under this chapter shall have power to lease to any municipality or person, or to contract for the use or operation by any municipality or person, of all or any part of the facilities authorized by this chapter, including but not limited to parking facilities, concession facilities of all kinds and any property or property rights appurtenant to such ((stadium facilities, convention center facilities, performing arts center facilities, and/or visual arts center)) tourism-related facilities, for such period and under such terms and conditions and upon such rentals, fees and charges as such legislative body may determine, and may pledge all or any portion of such rentals, fees and charges and all other revenue derived from the ownership and/or operation of such facilities to pay and to secure the payment of general obligation bonds and/or revenue bonds of such municipality issued for authorized ((public stadium, convention center, performing arts center, and/or visual arts center)) tourism-related facilities purposes. Sec. 12. RCW 67.28.180 and 1995 1st sp.s. c 14 s 10 are each amended to read as follows: (1) ((Subject to the conditions set forth in subsections (2) and (3) of this section, the legislative body of any county or any city, is authorized to levy and collect a special excise tax of not to exceed two percent on the sale of or charge made for the furnishing of lodging by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property: PROVIDED, That it shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or to enjoy the same.)) (a) Tax imposed under section 3 of this act on a sale of lodging by a county exempt under subsection (2) of this section shall be credited against the amount of sales tax due to the state under chapter 82.08 RCW on the same sale of lodging, but the credit under this subsection (1)(a) shall not exceed the amount that would be imposed under a two percent tax under section 3 of this act. (b) If a city in a county exempt under subsection (2) of this section has imposed a tax under this chapter and has, prior to June 26, 1975, authorized and issued revenue or general obligation bonds pursuant to the provisions of RCW 67.28.150 through 67.28.160, the tax imposed under section 3 of this act on a sale of lodging by such city shall be credited against the amount of sales tax due to the state under chapter 82.08 RCW on the same sale of lodging, but the credit under this subsection (1)(b) shall not exceed the amount that would be collected under a two percent tax under section 3 of this act. (2) ((Any levy authorized by this section shall be subject to the following: (a) Any county ordinance or resolution adopted pursuant to this section shall contain, in addition to all other provisions required to conform to this chapter, a provision allowing a credit against the county tax for the full amount of any city tax imposed pursuant to this section upon the same taxable event. (b))) In the event that any county has levied ((the tax authorized by this section)) a tax under this chapter and has, prior to June 26, 1975, either pledged the tax revenues for payment of principal and interest on city revenue or general obligation bonds authorized and issued pursuant to RCW 67.28.150 through 67.28.160 or has authorized and issued revenue or general obligation bonds pursuant to the provisions of RCW 67.28.150 through 67.28.160, such county shall be exempt from ((the provisions of (a) of this subsection)) section 3(3) of this act, to the extent that the tax rate imposed by the county under this chapter does not exceed two percent and the revenues are pledged for payment of principal and interest on bonds issued at any time pursuant to the provisions of RCW 67.28.150 through 67.28.160: PROVIDED, That so much of such pledged tax revenues, together with any investment earnings thereon, not immediately necessary for actual payment of principal and interest on such bonds may be used: (((i))) (a) In any county with a population of one million or more, for repayment either of limited tax levy general obligation bonds or of any county fund or account from which a loan was made, the proceeds from the bonds or loan being used to pay for constructing, installing, improving, and equipping stadium capital improvement projects, and to pay for any engineering, planning, financial, legal and professional services incident to the development of such stadium capital improvement projects, regardless of the date the debt for such capital improvement projects was or may be incurred; or (((ii))) (b) in other counties, for county-owned facilities for agricultural promotion. A county is exempt under this subsection in respect to city revenue or general obligation bonds issued after April 1, 1991, only if such bonds mature before January 1, 2013. As used in this subsection (2)(((b))), "capital improvement projects" may include, but not be limited to a stadium restaurant facility, restroom facilities, artificial turf system, seating facilities, parking facilities and scoreboard and information system adjacent to or within a county owned stadium, together with equipment, utilities, accessories and appurtenances necessary thereto. The stadium restaurant authorized by this subsection (2)(((b))) shall be operated by a private concessionaire under a contract with the county. (((c) No city within a county exempt under subsection (2)(b) of this section may levy the tax authorized by this section so long as said county is so exempt: PROVIDED, That in the event that any city in such county has levied the tax authorized by this section and has, prior to June 26, 1975, authorized and issued revenue or general obligation bonds pursuant to the provisions of RCW 67.28.150 through 67.28.160, such city may levy the tax so long as the tax revenues are pledged for payment of principal and interest on bonds issued at any time pursuant to the provisions of RCW 67.28.150 through 67.28.160.)) (3) Any levy ((authorized by this section)) under this chapter by a county that ((has levied the tax authorized by this section and has, prior to June 26, 1975, either pledged the tax revenues for payment of principal and interest on city revenue or general obligation bonds authorized and issued pursuant to RCW 67.28.150 through 67.28.160 or has authorized and issued revenue or general obligation bonds pursuant to the provisions of RCW 67.28.150 through 67.28.160)) is exempt under subsection (2) of this section shall be subject to the following: (a) Taxes collected under this ((section)) chapter in any calendar year in excess of five million three hundred thousand dollars shall only be used as follows: (i) Seventy-five percent from January 1, 1992, through December 31, 2000, and seventy percent from January 1, 2001, through December 31, 2012, for art museums, cultural museums, heritage museums, the arts, and the performing arts. Moneys spent under this subsection (3)(a)(i) shall be used for the purposes of this subsection (3)(a)(i) in all parts of the county. (ii) Twenty-five percent from January 1, 1992, through December 31, 2000, and thirty percent from January 1, 2001, through December 31, 2012, for the following purposes and in a manner reflecting the following order of priority: Stadium capital improvements, as defined in subsection (2)(((b))) of this section; acquisition of open space lands; youth sports activities; and tourism promotion. (b) At least seventy percent of moneys spent under (a)(i) of this subsection for the period January 1, 1992, through December 31, 2000, shall be used only for the purchase, design, construction, and remodeling of performing arts, visual arts, heritage, and cultural facilities, and for the purchase of fixed assets that will benefit art, heritage, and cultural organizations. For purposes of this subsection, fixed assets are tangible objects such as machinery and other equipment intended to be held or used for ten years or more. Moneys received under this subsection (3)(b) may be used for payment of principal and interest on bonds issued for capital projects. Qualifying organizations receiving moneys under this subsection (3)(b) must be financially stable and have at least the following: (i) A legally constituted and working board of directors; (ii) A record of artistic, heritage, or cultural accomplishments; (iii) Been in existence and operating for at least two years; (iv) Demonstrated ability to maintain net current liabilities at less than thirty percent of general operating expenses; (v) Demonstrated ability to sustain operational capacity subsequent to completion of projects or purchase of machinery and equipment; and (vi) Evidence that there has been independent financial review of the organization. (c) At least forty percent of the revenues distributed pursuant to (a)(i) of this subsection for the period January 1, 2001, through December 31, 2012, shall be deposited in an account and shall be used to establish an endowment. Principal in the account shall remain permanent and irreducible. The earnings from investments of balances in the account may only be used for the purposes of (a)(i) of this subsection. (d) School districts and schools shall not receive revenues distributed pursuant to (a)(i) of this subsection. (e) Moneys distributed to art museums, cultural museums, heritage museums, the arts, and the performing arts, and moneys distributed for tourism promotion shall be in addition to and may not be used to replace or supplant any other funding by the legislative body of the county. (f) As used in this section, "tourism promotion" includes activities intended to attract visitors for overnight stays, arts, heritage, and cultural events, and recreational, professional, and amateur sports events. Moneys allocated to tourism promotion in a class AA county shall be allocated to nonprofit organizations formed for the express purpose of tourism promotion in the county. Such organizations shall use moneys from the taxes to promote events in all parts of the class AA county. (g) No taxes ((collected)) distributed under this section may be used for the operation or maintenance of a public stadium that is financed directly or indirectly by bonds to which the tax is pledged. Expenditures for operation or maintenance include all expenditures other than expenditures that directly result in new fixed assets or that directly increase the capacity, life span, or operating economy of existing fixed assets. (h) No ad valorem property taxes may be used for debt service on bonds issued for a public stadium that is financed by bonds to which the tax is pledged, unless the taxes ((collected)) distributed under this section are or are projected to be insufficient to meet debt service requirements on such bonds. (i) If a substantial part of the operation and management of a public stadium that is financed directly or indirectly by bonds to which the tax is pledged is performed by a nonpublic entity or if a public stadium is sold that is financed directly or indirectly by bonds to which the tax is pledged, any bonds to which the tax is pledged shall be retired. This subsection (3)(i) does not apply in respect to a public stadium transferred to, owned by, or constructed by a public facilities district under chapter 36.100 RCW. (j) The county shall not lease a public stadium that is financed directly or indirectly by bonds to which the tax is pledged to, or authorize the use of the public stadium by, a professional major league sports franchise unless the sports franchise gives the right of first refusal to purchase the sports franchise, upon its sale, to local government. This subsection (3)(j) does not apply to contracts in existence on April 1, 1986. If a court of competent jurisdiction declares any provision of this subsection (3) invalid, then that invalid provision shall be null and void and the remainder of this section is not affected. (4) This section expires January 1, 2013. Sec. 13. RCW 67.28.184 and 1987 1st ex.s. c 8 s 7 are each amended to read as follows: No city imposing the tax authorized under ((RCW 67.28.180)) this chapter may use the tax proceeds directly or indirectly to acquire, construct, operate, or maintain facilities or land intended to be used by a professional sports franchise if the county within which the city is located uses the proceeds of its tax imposed under ((RCW 67.28.180)) this chapter to directly or indirectly acquire, construct, operate, or maintain a facility used by a professional sports franchise. Sec. 14. RCW 67.28.200 and 1993 c 389 s 2 are each amended to read as follows: The legislative body of any ((county or city)) municipality may establish reasonable exemptions ((and may adopt such reasonable rules and regulations as may be necessary for the levy and collection of the)) for taxes authorized under this chapter. The department of revenue shall perform the collection of such taxes on behalf of such ((county or city)) municipality at no cost to such ((county or city)) municipality. Sec. 15. RCW 67.40.100 and 1990 c 242 s 1 are each amended to read as follows:(((1))) Except as provided in chapters 67.28 and 82.14 RCW and ((subsection (2) of this)) section 3 of this act, after January 1, 1983, no city, town, or county in which the tax under RCW 67.40.090 is imposed may impose a license fee or tax on the act or privilege of engaging in business to furnish lodging by a hotel, rooming house, tourist court, motel, trailer camp, or similar facilities in excess of the rate imposed upon other persons engaged in the business of making sales at retail as that term is defined in chapter 82.04 RCW. (((2) A city incorporated before January 1, 1982, with a population over sixty thousand located in a county with a population over one million, other than the city of Seattle, may impose a special excise tax under the following conditions: (a) The proceeds of the tax must be used for the acquisition, design, construction, and marketing of convention and trade facilities and may be used for and pledged to the payment of bonds, leases, or other obligations issued or incurred for such purposes. The proceeds of the tax may be used for maintenance and operation only as part of a budget which includes the use of the tax for debt service and marketing. (b) The legislative body of the city, before imposing the tax, must authorize a complete study and investigation of the desirability and economic feasibility of the proposed convention and trade facilities. (c) The rate of the tax shall not exceed three percent. (d) The tax shall be imposed on the sale of or charge made for the furnishing of lodging by a hotel, rooming house, tourist court, motel, or trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property, except that no such tax may be levied on any premises having fewer than sixty lodging units.)) Sec. 16. RCW 35.43.040 and 1989 c 277 s 1 are each amended to read as follows: Whenever the public interest or convenience may require, the legislative authority of any city or town may order the whole or any part of any local improvement including but not restricted to those, or any combination thereof, listed below to be constructed, reconstructed, repaired, or renewed and landscaping including but not restricted to the planting, setting out, cultivating, maintaining, and renewing of shade or ornamental trees and shrubbery thereon; may order any and all work to be done necessary for completion thereof; and may levy and collect special assessments on property specially benefited thereby to pay the whole or any part of the expense thereof, viz: (1) Alleys, avenues, boulevards, lanes, park drives, parkways, parking facilities, public places, public squares, public streets, their grading, regrading, planking, replanking, paving, repaving, macadamizing, remacadamizing, graveling, regraveling, piling, repiling, capping, recapping, or other improvement; if the management and control of park drives, parkways, and boulevards is vested in a board of park commissioners, the plans and specifications for their improvement must be approved by the board of park commissioners before their adoption; (2) Auxiliary water systems; (3) Auditoriums, field houses, gymnasiums, swimming pools, or other recreational, playground, museum, cultural, or arts facilities or structures; (4) Bridges, culverts, and trestles and approaches thereto; (5) Bulkheads and retaining walls; (6) Dikes and embankments; (7) Drains, sewers, and sewer appurtenances which as to trunk sewers shall include as nearly as possible all the territory which can be drained through the trunk sewer and subsewers connected thereto; (8) Escalators or moving sidewalks together with the expense of operation and maintenance; (9) Parks and playgrounds; (10) Sidewalks, curbing, and crosswalks; (11) Street lighting systems together with the expense of furnishing electrical energy, maintenance, and operation; (12) Underground utilities transmission lines; (13) Water mains, hydrants, and appurtenances which as to trunk water mains shall include as nearly as possible all the territory in the zone or district to which water may be distributed from the trunk water mains through lateral service and distribution mains and services; (14) Fences, culverts, syphons, or coverings or any other feasible safeguards along, in place of, or over open canals or ditches to protect the public from the hazards thereof; (15) Roadbeds, trackage, signalization, storage facilities for rolling stock, overhead and underground wiring, and any other stationary equipment reasonably necessary for the operation of an electrified public streetcar line; (16) Systems of surface, underground, or overhead railways, tramways, buses, or any other means of local transportation except taxis, and including passenger, terminal, station parking, and related facilities and properties, and such other facilities as may be necessary for passenger and vehicular access to and from such terminal, station, parking, and related facilities and properties, together with all lands, rights of way, property, equipment, and accessories necessary for such systems and facilities; (17) Convention center facilities or structures in cities ((imposing a special excise tax pursuant to RCW 67.40.100(2))) incorporated before January 1, 1982, with a population over sixty thousand located in a county with a population over one million, other than the city of Seattle. Assessments for purposes of convention center facilities or structures may be levied only to the extent necessary to cover a funding shortfall that occurs when funds received from special excise taxes imposed pursuant to chapter 67.28 RCW ((67.28.180 and 67.40.100(2))) are insufficient to fund the annual debt service for such facilities or structures, and may not be levied on property exclusively maintained as single-family or multifamily permanent residences whether they are rented, leased, or owner occupied; and (18) Programs of aquatic plant control, lake or river restoration, or water quality enhancement. Such programs shall identify all the area of any lake or river which will be improved and shall include the adjacent waterfront property specially benefited by such programs of improvements. Assessments may be levied only on waterfront property including any waterfront property owned by the department of natural resources or any other state agency. Notice of an assessment on a private leasehold in public property shall comply with provisions of chapter 79.44 RCW. Programs under this subsection shall extend for a term of not more than five years. Sec. 17. RCW 59.18.440 and 1995 c 399 s 151 are each amended to read as follows: (1) Any city, town, county, or municipal corporation that is required to develop a comprehensive plan under RCW 36.70A.040(1) is authorized to require, after reasonable notice to the public and a public hearing, property owners to provide their portion of reasonable relocation assistance to low-income tenants upon the demolition, substantial rehabilitation whether due to code enforcement or any other reason, or change of use of residential property, or upon the removal of use restrictions in an assisted-housing development. No city, town, county, or municipal corporation may require property owners to provide relocation assistance to low-income tenants, as defined in this chapter, upon the demolition, substantial rehabilitation, upon the change of use of residential property, or upon the removal of use restrictions in an assisted-housing development, except as expressly authorized herein or when authorized or required by state or federal law. As used in this section, "assisted housing development" means a multifamily rental housing development that either receives government assistance and is defined as federally assisted housing in RCW 59.28.020, or that receives other federal, state, or local government assistance and is subject to use restrictions. (2) As used in this section, "low-income tenants" means tenants whose combined total income per dwelling unit is at or below fifty percent of the median income, adjusted for family size, in the county where the tenants reside. The department of community, trade, and economic development shall adopt rules defining county median income in accordance with the definitions promulgated by the federal department of housing and urban development. (3) A requirement that property owners provide relocation assistance shall include the amounts of such assistance to be provided to low-income tenants. In determining such amounts, the jurisdiction imposing the requirement shall evaluate, and receive public testimony on, what relocation expenses displaced tenants would reasonably incur in that jurisdiction including: (a) Actual physical moving costs and expenses; (b) Advance payments required for moving into a new residence such as the cost of first and last month's rent and security and damage deposits; (c) Utility connection fees and deposits; and (d) Anticipated additional rent and utility costs in the residence for one year after relocation. (4)(a) Relocation assistance provided to low-income tenants under this section shall not exceed two thousand dollars for each dwelling unit displaced by actions of the property owner under subsection (1) of this section. A city, town, county, or municipal corporation may make future annual adjustments to the maximum amount of relocation assistance required under this subsection in order to reflect any changes in the housing component of the consumer price index as published by the United States department of labor, bureau of labor statistics. (b) The property owner's portion of any relocation assistance provided to low-income tenants under this section shall not exceed one-half of the required relocation assistance under (a) of this subsection in cash or services. (c) The portion of relocation assistance not covered by the property owner under (b) of this subsection shall be paid by the city, town, county, or municipal corporation authorized to require relocation assistance under subsection (1) of this section. The relocation assistance may be paid from proceeds collected from the excise tax imposed under RCW 82.46.010. (5) A city, town, county, or municipal corporation requiring the provision of relocation assistance under this section shall adopt policies, procedures, or regulations to implement such requirement. Such policies, procedures, or regulations shall include provisions for administrative hearings to resolve disputes between tenants and property owners relating to relocation assistance or unlawful detainer actions during relocation, and shall require a decision within thirty days of a request for a hearing by either a tenant or property owner. Judicial review of an administrative hearing decision relating to relocation assistance may be had by filing a petition, within ten days of the decision, in the superior court in the county where the residential property is located. Judicial review shall be confined to the record of the administrative hearing and the court may reverse the decision only if the administrative findings, inferences, conclusions, or decision is: (a) In violation of constitutional provisions; (b) In excess of the authority or jurisdiction of the administrative hearing officer; (c) Made upon unlawful procedure or otherwise is contrary to law; or (d) Arbitrary and capricious. (6) Any city, town, county, or municipal corporation may require relocation assistance, under the terms of this section, for otherwise eligible tenants whose living arrangements are exempted from the provisions of this chapter under RCW 59.18.040(3) and if the living arrangement is considered to be a rental or lease ((pursuant to RCW 67.28.180(1))) not defined as a retail sale under RCW 82.04.050. (7)(a) Persons who move from a dwelling unit prior to the application by the owner of the dwelling unit for any governmental permit necessary for the demolition, substantial rehabilitation, or change of use of residential property or prior to any notification or filing required for condominium conversion shall not be entitled to the assistance authorized by this section. (b) Persons who move into a dwelling unit after the application for any necessary governmental permit or after any required condominium conversion notification or filing shall not be entitled to the assistance authorized by this section if such persons receive written notice from the property owner prior to taking possession of the dwelling unit that specifically describes the activity or condition that may result in their temporary or permanent displacement and advises them of their ineligibility for relocation assistance. Sec. 18. RCW 67.38.140 and 1982 1st ex.s. c 22 s 14 are each amended to read as follows: The county or counties and each component city included in the district collecting or planning to collect the hotel/motel tax ((pursuant to)) under chapter 67.28 RCW ((67.28.180)) may contribute such revenue ((towards the expense for maintaining and operating the cultural arts, stadium and convention system)) in such manner as shall be agreed upon between them, consistent with this chapter and chapter 67.28 RCW.Sec. 19. RCW 67.40.110 and 1987 1st ex.s. c 8 s 8 are each amended to read as follows: No city imposing the tax authorized under chapter 67.28 RCW ((67.40.100(2))) may use the tax proceeds directly or indirectly to acquire, construct, operate, or maintain facilities or land intended to be used by a professional sports franchise if the county within which the city is located uses the proceeds of its tax imposed under chapter 67.28 RCW ((67.28.180)) to directly or indirectly acquire, construct, operate, or maintain a facility used by a professional sports franchise. Sec. 20. RCW 67.40.120 and 1991 c 336 s 2 are each amended to read as follows: The state convention and trade center corporation may contract with the Seattle-King county convention and visitors bureau for marketing the convention and trade center facility and services. Any contract with the Seattle-King county convention and visitors bureau shall include, but is not limited to, the following condition: Each dollar in convention and trade center operations account funds provided to the Seattle-King county convention and visitors bureau shall be matched by at least one dollar and ten cents in nonstate funds. "Nonstate funds" does not include funds received under chapter 67.28 RCW ((67.28.180)). Sec. 21. RCW 82.02.020 and 1996 c 230 s 1612 are each amended to read as follows: Except only as expressly provided in ((RCW 67.28.180 and 67.28.190 and the provisions of)) chapters 67.28 and 82.14 RCW, the state preempts the field of imposing taxes upon retail sales of tangible personal property, the use of tangible personal property, parimutuel wagering authorized pursuant to RCW 67.16.060, conveyances, and cigarettes, and no county, town, or other municipal subdivision shall have the right to impose taxes of that nature. Except as provided in RCW 82.02.050 through 82.02.090, no county, city, town, or other municipal corporation shall impose any tax, fee, or charge, either direct or indirect, on the construction or reconstruction of residential buildings, commercial buildings, industrial buildings, or on any other building or building space or appurtenance thereto, or on the development, subdivision, classification, or reclassification of land. However, this section does not preclude dedications of land or easements within the proposed development or plat which the county, city, town, or other municipal corporation can demonstrate are reasonably necessary as a direct result of the proposed development or plat to which the dedication of land or easement is to apply. This section does not prohibit voluntary agreements with counties, cities, towns, or other municipal corporations that allow a payment in lieu of a dedication of land or to mitigate a direct impact that has been identified as a consequence of a proposed development, subdivision, or plat. A local government shall not use such voluntary agreements for local off-site transportation improvements within the geographic boundaries of the area or areas covered by an adopted transportation program authorized by chapter 39.92 RCW. Any such voluntary agreement is subject to the following provisions: (1) The payment shall be held in a reserve account and may only be expended to fund a capital improvement agreed upon by the parties to mitigate the identified, direct impact; (2) The payment shall be expended in all cases within five years of collection; and (3) Any payment not so expended shall be refunded with interest at the rate applied to judgments to the property owners of record at the time of the refund; however, if the payment is not expended within five years due to delay attributable to the developer, the payment shall be refunded without interest. No county, city, town, or other municipal corporation shall require any payment as part of such a voluntary agreement which the county, city, town, or other municipal corporation cannot establish is reasonably necessary as a direct result of the proposed development or plat. Nothing in this section prohibits cities, towns, counties, or other municipal corporations from collecting reasonable fees from an applicant for a permit or other governmental approval to cover the cost to the city, town, county, or other municipal corporation of processing applications, inspecting and reviewing plans, or preparing detailed statements required by chapter 43.21C RCW. This section does not limit the existing authority of any county, city, town, or other municipal corporation to impose special assessments on property specifically benefitted thereby in the manner prescribed by law. Nothing in this section prohibits counties, cities, or towns from imposing or permits counties, cities, or towns to impose water, sewer, natural gas, drainage utility, and drainage system charges: PROVIDED, That no such charge shall exceed the proportionate share of such utility or system's capital costs which the county, city, or town can demonstrate are attributable to the property being charged: PROVIDED FURTHER, That these provisions shall not be interpreted to expand or contract any existing authority of counties, cities, or towns to impose such charges. Nothing in this section prohibits a transportation benefit district from imposing fees or charges authorized in RCW 36.73.120 nor prohibits the legislative authority of a county, city, or town from approving the imposition of such fees within a transportation benefit district. Nothing in this section prohibits counties, cities, or towns from imposing transportation impact fees authorized pursuant to chapter 39.92 RCW. Nothing in this section prohibits counties, cities, or towns from requiring property owners to provide relocation assistance to tenants under RCW 59.18.440 and 59.18.450. This section does not apply to special purpose districts formed and acting pursuant to Titles 54, 57, or 87 RCW, nor is the authority conferred by these titles affected. NEW SECTION. Sec. 22. The following acts or parts of acts are each repealed: (1) RCW 67.28.090 and 1991 c 363 s 138 & 1967 c 236 s 2; (2) RCW 67.28.100 and 1967 c 236 s 3; (3) RCW 67.28.110 and 1967 c 236 s 4; (4) RCW 67.28.182 and 1995 c 386 s 9 & 1987 c 483 s 2; (5) RCW 67.28.185 and 1975 1st ex.s. c 225 s 2; (6) RCW 67.28.190 and 1967 c 236 s 12; (7) RCW 67.28.210 and 1996 c 159 s 4, 1995 c 290 s 1, & 1994 c 290 s 1; (8) RCW 67.28.240 and 1995 c 386 s 10, 1993 sp.s. c 16 s 3, 1991 c 363 s 140, & 1988 ex.s. c 1 s 21; (9) RCW 67.28.260 and 1991 c 331 s 1; (10) RCW 67.28.270 and 1995 c 290 s 2 & 1991 c 357 s 4; (11) RCW 67.28.280 and 1993 c 389 s 1; (12) RCW 67.28.290 and 1993 sp.s. c 16 s 1; (13) RCW 67.28.300 and 1994 c 65 s 1; (14) RCW 67.28.310 and 1995 c 340 s 1; (15) RCW 67.28.320 and 1996 c 159 s 1; (16) RCW 67.28.360 and 1996 c 159 s 2; and (17) RCW 67.28.370 and 1996 c 159 s 3. NEW SECTION. Sec. 23. This act does not affect any existing right acquired or liability or obligation incurred under the sections amended or repealed in this act or under any rule or order adopted under those sections, nor does it affect any proceeding instituted under those sections. As provided in RCW 1.12.020, the sections amended or repealed in this act are continued by section 3 of this act for purposes such as redemption payments on bonds issued in reliance on taxes imposed under those sections. Any moneys held in a fund created under a section repealed in this act shall be deposited in a fund created under section 4 of this act. NEW SECTION. Sec. 24. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.NEW SECTION. Sec. 25. This act takes effect January 1, 1998." On page 1, line 2 of the title, after "towns;" strike the remainder of the title and insert "amending RCW 67.28.080, 67.28.120, 67.28.130, 67.28.150, 67.28.160, 67.28.170, 67.28.180, 67.28.184, 67.28.200, 67.40.100, 35.43.040, 59.18.440, 67.38.140, 67.40.110, 67.40.120, and 82.02.020; adding new sections to chapter 67.28 RCW; creating new sections; repealing RCW 67.28.090, 67.28.100, 67.28.110, 67.28.182, 67.28.185, 67.28.190, 67.28.210, 67.28.240, 67.28.260, 67.28.270, 67.28.280, 67.28.290, 67.28.300, 67.28.310, 67.28.320, 67.28.360, and 67.28.370; providing an effective date; and providing an expiration date.", and the bill do pass as recommended by the Conference Committee.
Signed by Senators Sellar, Haugen, Hale; Representatives B. Thomas, Carrell, Morris.
MOTION
Senator Hale moved that the Senate do adopt the Report of the Conference Committee on Substitute Senate Bill No. 5867.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Hale that the Senate adopt the Report of the Conference Committee on Substitute Senate Bill No. 5867.
The motion by Senator Hale carried and the Senate adopted the Report of the Conference Committee on Substitute Senate Bill No. 5867.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5867, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5867, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 43. Absent: Senator West - 1. Excused: Senators Horn, McCaslin, Rossi, Schow and Snyder - 5. SUBSTITUTE SENATE BILL NO. 5867, as recommended by the Conference Committee, 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.
MESSAGES FROM THE HOUSE
April 26. 1997
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on ENGROSSED THIRD SUBSTITUTE HOUSE BILL NO. 3900 and has passed the bill as recommended by the Conference Committee.
TIMOTHY A.. MARTIN, Chief Clerk
April 26, 1997
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to HOUSE BILL NO. 1388 and passed the bill as amended by the Senate.
TIMOTHY A. MARTIN, Chief Clerk
April 26, 1997
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1605 and passed the bill as amended by the Senate.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
At 12:06 p. m., on motion of Senator Johnson, the Senate was declared to be at ease.
The Senate was called to order at 3:15 p.m. by President Owen.
MESSAGES FROM THE HOUSE
April 26, 1997
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1111 and passed the bill as amended by the Senate.
TIMOTHY A. MARTIN, Chief Clerk
April 26, 1997
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1303 and passed the bill as amended by the Senate.
TIMOTHY A. MARTIN, Chief Clerk
April 26, 1997
MR. PRESIDENT:
The House receded from its amendment(s) to SENATE BILL NO. 5538 and passed the bill without the House amendment(s), and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MESSAGE FROM THE HOUSE
April 26, 1997
MR. PRESIDENT:
Under suspension of the rules, SENATE BILL NO. 5253 was returned to second reading for the purpose of amendment(s) and the bill passed the House, as amended by the following amendment:
On page 1, line 17, after “older.” insert the following: “The license fee for a nonresident juvenile under fifteen years of age is twenty dollars unless the juvenile is fishing with an adult who holds a current game fish license, in which case there is no license fee.” On page 2, beginning on line 11, strike all of Section 2. Correct the title., And the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Oke, the Senate concurred in the House amendments to Senate Bill No. 5253.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5253, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5253, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 4; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kohl, Long, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 43. Absent: Senators Fraser, Kline, Loveland and West - 4. Excused: Senators McCaslin and Snyder - 2. SENATE BILL NO. 5253, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 26, 1997
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5710 and has passed the bill as recommended by the Conference Committee, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
REPORT OF CONFERENCE COMMITTEE
E2SSB 5710 April 24, 1997
Includes “New Items”: YES
Changing provisions relating to juvenile care and treatment by the department of social and health services
MR. PRESIDENT:
MR. SPEAKER:
We of your Conference Committee, to whom was referred SECOND SUBSTITUTE SENATE BILL NO. 5710, Changing provisions relating to juvenile care and treatment by the department of social and health services, have had the same under consideration and we recommend that:
All previous amendments not be adopted, and the following striking amendment be adopted:Strike everything after the enacting clause and insert the following:"Sec. 1. RCW 41.06.076 and 1993 c 281 s 22 are each amended to read as follows:In addition to the exemptions set forth in RCW 41.06.070, the provisions of this chapter shall not apply in the department of social and health services to the secretary; the secretary's executive assistant, if any; not to exceed six assistant secretaries, thirteen division directors, six regional directors; one confidential secretary for each of the above-named officers; not to exceed six bureau chiefs; all social worker V positions; and all superintendents of institutions of which the average daily population equals or exceeds one hundred residents: PROVIDED, That each such confidential secretary must meet the minimum qualifications for the class of secretary II as determined by the Washington personnel resources board. This section expires June 30, 2005. NEW SECTION. Sec. 2. A new section is added to chapter 41.06 RCW to read as follows: The salary and fringe benefits of all social worker V positions created under RCW 41.06.076 shall be determined by the Washington personnel resources board. In establishing the salary and fringe benefits the board shall consider: (1) The consequences of extended travel and out of home living; (2) the importance to the department of caseload reduction and increased efficiencies; (3) the requirements of and qualifications involved in caseworker training; (4) the complexity of the work requirements; and (5) the desirability of avoiding employee turnover in these positions. The salary and fringe benefits shall exceed that of the highest position in the social worker classification on the effective date of this section.NEW SECTION. Sec. 3. A new section is added to chapter 43.20A RCW to read as follows: There is created in the department the classification of social worker V. Employees who are appointed to fill the position shall have: (1) An employment history that demonstrates significant and successful experience in the efficient investigation and resolution of high-risk or complex cases involving child abuse and neglect, including child sex abuse cases; (2) advanced education and training; (3) supervisory experience; (4) a demonstrated commitment to professional improvement and advancement; and (5) capacity to successfully provide support and mentoring to coworkers. Social worker V positions shall not be included in the Washington management service. This classification shall not have more than twenty-one positions. The department shall perform the duties assigned under sections 3 through 5 of this act and RCW 41.06.076 within existing personnel resources. NEW SECTION. Sec. 4. A new section is added to chapter 43.20A RCW to read as follows: The secretary shall establish the most cost-effective and efficient administrative structure for use of the social worker V positions, consistent with the requirements of this section. The social worker V employees shall be assigned by the secretary to regions where the average child protective services' caseloads exceed the state-wide average, with consideration also given to the number of high-risk or complex cases in a region, for the purpose of assisting in the reduction of the caseload, training and mentoring other caseworkers, and providing hands-on training and assistance in high-risk, complex, or large cases. The social worker V employees shall be assigned high-risk and complex cases consistent with their qualifications and the goal of caseload reduction. They shall carry no more than one-third the average number of cases for social workers in the region to which they are assigned. The social worker V employees shall be assigned to region as a task force consisting of no less than seven employees. The assignment shall be time-limited and in no event shall exceed two years in duration in any one region. Upon completion of the work in the region the task force members shall continue to remain in contact with the coworkers from the previous assignment for a period of twelve months to perform additional follow-up and mentoring. The department shall perform the duties assigned under sections 3 through 5 of this act and RCW 41.06.076 within existing personnel resources. NEW SECTION. Sec. 5. A new section is added to chapter 43.20A RCW to read as follows: The secretary shall develop a plan for implementation for the social worker V employees. The implementation plan shall be submitted to the governor and the legislature by December 1, 1997. The department shall begin implementation of the plan beginning April 1, 1998. The department shall perform the duties assigned under sections 3 through 5 of this act and RCW 41.06.076 within existing personnel resources. NEW SECTION. Sec. 6. A new section is added to chapter 43.20A RCW to read as follows: Sections 2 through 5 of this act expire June 30, 2005. Sec. 7. RCW 13.34.030 and 1995 c 311 s 23 are each amended to read as follows: For purposes of this chapter: (1) "Child" and "juvenile" means any individual under the age of eighteen years. (2) "Current placement episode" means the period of time that begins with the most recent date that the child was removed from the home of the parent, guardian, or legal custodian for purposes of placement in out-of-home care and continues until the child returns home, an adoption decree or guardianship order is entered, or the dependency is dismissed, whichever occurs soonest. If the most recent date of removal occurred prior to the filing of a dependency petition under this chapter or after filing but prior to entry of a disposition order, such time periods shall be included when calculating the length of a child's current placement episode. (3) "Dependency guardian" means the person, nonprofit corporation, or Indian tribe appointed by the court pursuant to RCW 13.34.232 for the limited purpose of assisting the court in the supervision of the dependency. (4) "Dependent child" means any child: (a) Who has been abandoned; that is, where the child's parent, guardian, or other custodian has expressed either by statement or conduct, an intent to forego, for an extended period, parental rights or parental responsibilities despite an ability to do so. If the court finds that the petitioner has exercised due diligence in attempting to locate the parent, no contact between the child and the child's parent, guardian, or other custodian for a period of three months creates a rebuttable presumption of abandonment, even if there is no expressed intent to abandon; (b) Who is abused or neglected as defined in chapter 26.44 RCW by a person legally responsible for the care of the child; or (c) Who has no parent, guardian, or custodian capable of adequately caring for the child, such that the child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development((; or (d) Who has a developmental disability, as defined in RCW 71A.10.020 and whose parent, guardian, or legal custodian together with the department determines that services appropriate to the child's needs can not be provided in the home. However, (a), (b), and (c) of this subsection may still be applied if other reasons for removal of the child from the home exist)). (5) "Guardian" means the person or agency that: (a) Has been appointed as the guardian of a child in a legal proceeding other than a proceeding under this chapter; and (b) has the legal right to custody of the child pursuant to such appointment. The term "guardian" shall not include a "dependency guardian" appointed pursuant to a proceeding under this chapter. (6) "Guardian ad litem" means a person, appointed by the court to represent the best interest of a child in a proceeding under this chapter, or in any matter which may be consolidated with a proceeding under this chapter. A "court-appointed special advocate" appointed by the court to be the guardian ad litem for the child, or to perform substantially the same duties and functions as a guardian ad litem, shall be deemed to be guardian ad litem for all purposes and uses of this chapter. (7) "Guardian ad litem program" means a court-authorized volunteer program, which is or may be established by the superior court of the county in which such proceeding is filed, to manage all aspects of volunteer guardian ad litem representation for children alleged or found to be dependent. Such management shall include but is not limited to: Recruitment, screening, training, supervision, assignment, and discharge of volunteers. (8) "Out-of-home care" means placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW. (9) "Preventive services" means preservation services, as defined in chapter 74.14C RCW, and other reasonably available services capable of preventing the need for out-of-home placement while protecting the child. Sec. 8. RCW 13.34.130 and 1995 c 313 s 2, 1995 c 311 s 19, and 1995 c 53 s 1 are each reenacted and amended to read as follows: If, after a fact-finding hearing pursuant to RCW 13.34.110, it has been proven by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030; after consideration of the predisposition report prepared pursuant to RCW 13.34.110 and after a disposition hearing has been held pursuant to RCW 13.34.110, the court shall enter an order of disposition pursuant to this section. (1) The court shall order one of the following dispositions of the case: (a) Order a disposition other than removal of the child from his or her home, which shall provide a program designed to alleviate the immediate danger to the child, to mitigate or cure any damage the child has already suffered, and to aid the parents so that the child will not be endangered in the future. In selecting a program, the court should choose those services that least interfere with family autonomy, provided that the services are adequate to protect the child. (b) Order that the child be removed from his or her home and ordered into the custody, control, and care of a relative or the department of social and health services or a licensed child placing agency for placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to chapter 74.15 RCW. Unless there is reasonable cause to believe that the safety or welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered, such child shall be placed with a person who is related to the child as defined in RCW 74.15.020(4)(a) and with whom the child has a relationship and is comfortable, and who is willing and available to care for the child. Placement of the child with a relative under this subsection shall be given preference by the court. An order for out-of-home placement may be made only if the court finds that 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, specifying the services that have been provided to the child and the child's parent, guardian, or legal custodian, and that preventive services have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home, and that: (i) There is no parent or guardian available to care for such child; (ii) The parent, guardian, or legal custodian is not willing to take custody of the child; (iii) The court finds, by clear and convincing evidence, a manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home and an order under RCW 26.44.063 would not protect the child from danger; or (iv) The extent of the child's disability is such that the parent, guardian, or legal custodian is unable to provide the necessary care for the child and the parent, guardian, or legal custodian has determined that the child would benefit from placement outside of the home. (2) If the court has ordered a child removed from his or her home pursuant to subsection (1)(b) of this section, the court may order that a petition seeking termination of the parent and child relationship be filed if the court finds it is recommended by the supervising agency, that it is in the best interests of the child and that it is not reasonable to provide further services to reunify the family because the existence of aggravated circumstances make it unlikely that services will effectuate the return of the child to the child's parents in the near future. In determining whether aggravated circumstances exist, the court shall consider one or more of the following: (a) Conviction of the parent of rape of the child in the first, second, or third degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079; (b) Conviction of the parent of criminal mistreatment of the child in the first or second degree as defined in RCW 9A.42.020 and 9A.42.030; (c) Conviction of the parent of one of the following assault crimes, when the child is the victim: Assault in the first or second degree as defined in RCW 9A.36.011 and 9A.36.021 or assault of a child in the first or second degree as defined in RCW 9A.36.120 or 9A.36.130; (d) Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child; (e) A finding by a court that a parent is a sexually violent predator as defined in RCW 71.09.020; (f) Failure of the parent to complete available treatment ordered under this chapter or the equivalent laws of another state, where such failure has resulted in a prior termination of parental rights to another child and the parent has failed to effect significant change in the interim. (3) Whenever a child is ordered removed from the child's home, the agency charged with his or her care shall provide the court with: (a) A permanency plan of care that shall identify one of the following outcomes as a primary goal and may identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; or long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider; and independent living, if appropriate and if the child is age sixteen or older. Whenever a permanency plan identifies independent living as a goal, the plan shall also specifically identify the services that will be provided to assist the child to make a successful transition from foster care to independent living. Before the court approves independent living as a permanency plan of care, the court shall make a finding that the provision of services to assist the child in making a transition from foster care to independent living will allow the child to manage his or her financial affairs and to manage his or her personal, social, educational, and nonfinancial affairs. The department shall not discharge a child to an independent living situation before the child is eighteen years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW. (b) Unless the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to return the child home, and what actions the agency will take to maintain parent-child ties. All aspects of the plan shall include the goal of achieving permanence for the child. (i) The agency plan shall specify what services the parents will be offered in order to enable them to resume custody, what requirements the parents must meet in order to resume custody, and a time limit for each service plan and parental requirement. (ii) The agency shall be required to encourage the maximum parent-child contact possible, including regular visitation and participation by the parents in the care of the child while the child is in placement. Visitation may be limited or denied only if the court determines that such limitation or denial is necessary to protect the child's health, safety, or welfare. (iii) A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being. (iv) The agency charged with supervising a child in placement shall provide all reasonable services that are available within the agency, or within the community, or those services which the department of social and health services has existing contracts to purchase. It shall report to the court if it is unable to provide such services. (c) If the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to achieve permanency for the child, services to be offered or provided to the child, and, if visitation would be in the best interests of the child, a recommendation to the court regarding visitation between parent and child pending a fact-finding hearing on the termination petition. The agency shall not be required to develop a plan of services for the parents or provide services to the parents. (4) If there is insufficient information at the time of the disposition hearing upon which to base a determination regarding the suitability of a proposed placement with a relative, the child shall remain in foster care and the court shall direct the supervising agency to conduct necessary background investigations as provided in chapter 74.15 RCW and report the results of such investigation to the court within thirty days. However, if such relative appears otherwise suitable and competent to provide care and treatment, the criminal history background check need not be completed before placement, but as soon as possible after placement. Any placements with relatives, pursuant to this section, shall be contingent upon cooperation by the relative with the agency case plan and compliance with court orders related to the care and supervision of the child including, but not limited to, court orders regarding parent-child contacts and any other conditions imposed by the court. Noncompliance with the case plan or court order shall be grounds for removal of the child from the relative's home, subject to review by the court. (5) Except for children whose cases are reviewed by a citizen review board under chapter 13.70 RCW, the status of all children found to be dependent shall be reviewed by the court at least every six months from the beginning date of the placement episode or the date dependency is established, whichever is first, at a hearing in which it shall be determined whether court supervision should continue. The review shall include findings regarding the agency and parental completion of disposition plan requirements, and if necessary, revised permanency time limits. (a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in this section no longer exists. The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal. If a child is returned, casework supervision shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention. (b) If the child is not returned home, the court shall establish in writing: (i) Whether reasonable services have been provided to or offered to the parties to facilitate reunion, specifying the services provided or offered; (ii) Whether the child has been placed in the least-restrictive setting appropriate to the child's needs, including whether consideration and preference has been given to placement with the child's relatives; (iii) Whether there is a continuing need for placement and whether the placement is appropriate; (iv) Whether there has been compliance with the case plan by the child, the child's parents, and the agency supervising the placement; (v) Whether progress has been made toward correcting the problems that necessitated the child's placement in out-of-home care; (vi) Whether the parents have visited the child and any reasons why visitation has not occurred or has been infrequent; (vii) Whether additional services are needed to facilitate the return of the child to the child's parents; if so, the court shall order that reasonable services be offered specifying such services; and (viii) The projected date by which the child will be returned home or other permanent plan of care will be implemented. (c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.NEW SECTION. Sec. 9. As used in this chapter, "alternative response system" means voluntary family-centered services that are: (1) Provided by an entity with which the department contracts; and (2) intended to increase the strengths and cohesiveness of families that the department determines present a low risk of child abuse or neglect. NEW SECTION. Sec. 10. (1) The department shall contract for delivery of services for at least two but not more than three models of alternative response systems. The services shall be reasonably available throughout the state but need not be sited in every county in the state, subject to such conditions and limitations as may be specified in the omnibus appropriations act. (2) The systems shall provide delivery of services in the least intrusive manner reasonably likely to achieve improved family cohesiveness, prevention of rereferrals of the family for alleged abuse or neglect, and improvement in the health and safety of children. (3) The department shall identify and prioritize risk and protective factors associated with the type of abuse or neglect referrals that are appropriate for services delivered by alternative response systems. Contractors who provide services through an alternative response system shall use the factors in determining which services to deliver, consistent with the provisions of subsection (2) of this section. (4) Consistent with the provisions of chapter 26.44 RCW, the providers of services under the alternative response system shall recognize the due process rights of families that receive such services and recognize that these services are not intended to be investigative for purposes of chapter 13.34 RCW. NEW SECTION. Sec. 11. The department shall identify appropriate data to determine and evaluate outcomes of the services delivered by the alternative response systems. All contracts for delivery of alternative response system services shall include provisions and funding for data collection. NEW SECTION. Sec. 12. (1) The court may, upon the entry of an order under this chapter, order the delivery of services through any appropriate public or private provider. (2) This section may not be construed as allowing the court to require the department to pay for the cost of any services provided under this section. NEW SECTION. Sec. 13. This chapter expires July 1, 2005. NEW SECTION. Sec. 14. The legislature intends to consolidate all services provided to children with developmental disabilities through the department of social and health services in the division of developmental disabilities. The legislature also intends to provide a discrete, separate process for children with developmental disabilities who require home-based or out-of-home care that complies with the federal requirements for receipt of federal funds for services under Title IV-B and Title IV-E of the social security act. The legislature intends by this act to minimize the embarrassment and inconvenience of children with developmental disabilities and their families caused by complying with these federal requirements. NEW SECTION. Sec. 15. A new section is added to chapter 74.13 RCW to read as follows: As used in this chapter, "developmentally disabled dependent child" is a child who has a developmental disability as defined in RCW 71A.10.020 and whose parent, guardian, or legal custodian and with the department mutually agree that services appropriate to the child's needs can not be provided in the home. NEW SECTION. Sec. 16. A new section is added to chapter 74.13 RCW to read as follows: It is the intent of the legislature that parents are responsible for the care and support of children with developmental disabilities. The legislature recognizes that, because of the intense support required to care for a child with developmental disabilities, the help of an out-of-home placement may be needed. It is the intent of the legislature that, when the sole reason for the out-of-home placement is the child's developmental disability, such services be offered by the department to these children and their families through a voluntary placement agreement. In these cases, the parents shall retain legal custody of the child. As used in this section, "voluntary placement agreement" means a written agreement between the department and a child's parent or legal guardian authorizing the department to place the child in a licensed facility. Under the terms of this agreement, the parent or legal guardian shall retain legal custody and the department shall be responsible for the child's placement and care. The agreement shall at a minimum specify the legal status of the child and the rights and obligations of the parent or legal guardian, the child, and the department while the child is in placement. The agreement must be signed by the child's parent or legal guardian and the department to be in effect, except that an agreement regarding an Indian child shall not be valid unless executed in writing before the court and filed with the court as provided in RCW 13.34.245. Any party to a voluntary placement agreement may terminate the agreement at any time. Upon termination of the agreement, the child shall be returned to the care of the child's parent or legal guardian unless the child has been taken into custody pursuant to RCW 13.34.050 or 26.44.050, placed in shelter care pursuant to RCW 13.34.060, or placed in foster care pursuant to RCW 13.34.130. As used in this section, "out-of-home placement" and "out-of-home care" mean the placement of a child in a foster family home or group care facility licensed under chapter 74.15 RCW. Whenever the department places a child in out-of-home care under a voluntary placement pursuant to this section, the department shall have the responsibility for the child's placement and care. The department shall develop a permanency plan of care for the child no later than sixty days from the date that the department assumes responsibility for the child's placement and care. Within the first one hundred eighty days of the placement, the department shall obtain a judicial determination pursuant to RCW 13.04.030(1)(j) and section 19 of this act that the placement is in the best interests of the child. The permanency planning hearings shall review whether the child's best interests are served by continued out-of-home placement and determine the future legal status of the child. The department shall provide for periodic administrative reviews as required by federal law. A review may be called at any time by either the department, the parent, or the legal guardian. Nothing in this section shall prevent the department from filing a dependency petition if there is reason to believe that the child is a dependent child as defined in RCW 13.34.030. The department shall adopt rules providing for the implementation of this act and the transfer of responsibility for out-of-home placements from the dependency process under chapter 13.34 RCW to the process under this chapter. Sec. 17. RCW 13.04.030 and 1995 c 312 s 39 and 1995 c 311 s 15 are each reenacted and 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; (c) Relating to the termination of a parent and child relationship as provided in RCW 13.34.180 through 13.34.210; (d) To approve or disapprove 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; (h) Relating to court validation of a voluntary consent to an out-of-home 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; ((and)) (i) Relating to petitions to compel disclosure of information filed by the department of social and health services pursuant to RCW 74.13.042; and (j) Relating to judicial determinations and permanency planning hearings involving developmentally disabled children who have been placed in out-of-home care pursuant to a voluntary placement agreement between the child's parent, guardian, or legal custodian and the department of social and health services. (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. 18. RCW 13.34.245 and 1987 c 170 s 2 are each amended to read as follows: (1) Where any parent or Indian custodian voluntarily consents to foster care placement of an Indian child and a petition for dependency has not been filed regarding the child, such consent shall not be valid unless executed in writing before the court and filed with the court. The consent shall be accompanied by the written certification of the court that the terms and consequences of the consent were fully explained in detail to the parent or Indian custodian during the court proceeding and were fully understood by the parent or Indian custodian. The court shall also certify in writing either that the parent or Indian custodian fully understood the explanation in English or that it was interpreted into a language that the parent or Indian custodian understood. Any consent given prior to, or within ten days after, the birth of the Indian child shall not be valid. (2) To obtain court validation of a voluntary consent to foster care placement, any person may file a petition for validation alleging that there is located or residing within the county an Indian child whose parent or Indian custodian wishes to voluntarily consent to foster care placement of the child and requesting that the court validate the consent as provided in this section. The petition shall contain the name, date of birth, and residence of the child, the names and residences of the consenting parent or Indian custodian, and the name and location of the Indian tribe in which the child is a member or eligible for membership. The petition shall state whether the placement preferences of 25 U.S.C. Sec. 1915 (b) or (c) will be followed. Reasonable attempts shall be made by the petitioner to ascertain and set forth in the petition the identity, location, and custodial status of any parent or Indian custodian who has not consented to foster care placement and why that parent or Indian custodian cannot assume custody of the child. (3) Upon filing of the petition for validation, the clerk of the court shall schedule the petition for a hearing on the court validation of the voluntary consent no later than forty-eight hours after the petition has been filed, excluding Saturdays, Sundays, and holidays. Notification of time, date, location, and purpose of the validation hearing shall be provided as soon as possible to the consenting parent or Indian custodian, the department or other child-placing agency which is to assume ((custody of the child)) responsibility for the child's placement and care pursuant to the consent to foster care placement, and the Indian tribe in which the child is enrolled or eligible for enrollment as a member. If the identity and location of any nonconsenting parent or Indian custodian is known, reasonable attempts shall be made to notify the parent or Indian custodian of the consent to placement and the validation hearing. Notification under this subsection may be given by the most expedient means, including, but not limited to, mail, personal service, telephone, and telegraph. (4) Any parent or Indian custodian may withdraw consent to a voluntary foster care placement, made under this section, at any time. Unless the Indian child has been taken in custody pursuant to RCW 13.34.050 or 26.44.050, placed in shelter care pursuant to RCW 13.34.060, or placed in foster care pursuant to RCW 13.34.130, the Indian child shall be returned to the parent or Indian custodian upon withdrawal of consent to foster care placement of the child. (5) Upon termination of the voluntary foster care placement and return of the child to the parent or Indian custodian, the department or other child-placing agency which had assumed ((custody of the child)) responsibility for the child's placement and care pursuant to the consent to foster care placement shall file with the court written notification of the child's return and shall also send such notification to the Indian tribe in which the child is enrolled or eligible for enrollment as a member and to any other party to the validation proceeding including any noncustodial parent. NEW SECTION. Sec. 19. A new section is added to chapter 13.34 RCW to read as follows: (1) Whenever the department of social and health services places a developmentally disabled child in out-of-home care pursuant to section 16 of this act, the department shall obtain a judicial determination within one hundred eighty days of the placement that continued placement is in the best interests of the child. (2) To obtain the judicial determination, the department shall file a petition alleging that there is located or residing within the county a child who has a developmental disability, as defined in RCW 71A.10.020, and that the child has been placed in out-of-home care pursuant to section 16 of this act. The petition shall request that the court review the child's placement, make a determination that continued placement is in the best interests of the child, and take other necessary action as provided in this section. The petition shall contain the name, date of birth, and residence of the child and the names and residences of the child's parent or legal guardian who has agreed to the child's placement in out-of-home care. Reasonable attempts shall be made by the department to ascertain and set forth in the petition the identity, location, and custodial status of any parent who is not a party to the placement agreement and why that parent cannot assume custody of the child. (3) Upon filing of the petition, the clerk of the court shall schedule the petition for a hearing to be held no later than fourteen calendar days after the petition has been filed. The department shall provide notification of the time, date, and purpose of the hearing to the parent or legal guardian who has agreed to the child's placement in out-of-home care. The department shall also make reasonable attempts to notify any parent who is not a party to the placement agreement, if the parent's identity and location is known. Notification under this section may be given by the most expedient means, including but not limited to, mail, personal service, telephone, and telegraph. (4) The court shall appoint a guardian ad litem for the child as provided in RCW 13.34.100, unless the court for good cause finds the appointment unnecessary. (5) Permanency planning hearings shall be held as provided in this subsection. At the hearing, the court shall review whether the child's best interests are served by continued out-of-home placement and determine the future legal status of the child. (a) For children age ten and under, a permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least nine months and an adoption decree or guardianship order has not previously been entered. The hearing shall take place no later than twelve months following commencement of the child's current placement episode. (b) For children over age ten, a permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least fifteen months and an adoption decree or guardianship order has not previously been entered. The hearing shall take place no later than eighteen months following commencement of the current placement episode. (c) No later than ten working days before the permanency planning hearing, the department shall submit a written permanency plan to the court and shall mail a copy of the plan to all parties. The plan shall be directed toward securing a safe, stable, and permanent home for the child as soon as possible. The plan shall identify one of the following outcomes as the primary goal and may also identify additional outcomes as alternative goals: Return of the child to the home of the child's parent or legal guardian; adoption; guardianship; or long-term out-of-home care, until the child is age eighteen, with a written agreement between the parties and the child's care provider.(d) If a goal of long-term out-of-home care has been achieved before the permanency planning hearing, the court shall review the child's status to determine whether the placement and the plan for the child's care remains appropriate. In cases where the primary permanency planning goal has not be achieved, the court shall inquire regarding the reasons why the primary goal has not been achieved and determine what needs to be done to make it possible to achieve the primary goal.(e) Following the first permanency planning hearing, the court shall hold a further permanency planning hearing in accordance with this section at least once every twelve months until a permanency planning goal is achieved or the voluntary placement agreement is terminated. (6) Any party to the voluntary placement agreement may terminate the agreement at any time. Upon termination of the agreement, the child shall be returned to the care of the child's parent or legal guardian, unless the child has been taken into custody pursuant to RCW 13.34.050 or 26.44.050, placed in shelter care pursuant to RCW 13.34.060, or placed in foster care pursuant to RCW 13.34.130. The department shall notify the court upon termination of the voluntary placement agreement and return of the child to the care of the child's parent or legal guardian. Whenever a voluntary placement agreement is terminated, an action under this section shall be dismissed.(7) This section does not prevent the department from filing a dependency petition if there is reason to believe that the child is a dependent child as defined in RCW 13.34.030. An action filed under this section shall be dismissed upon the filing of a dependency petition regarding a child who is the subject of the action under this section. NEW SECTION. Sec. 20. A new section is added to chapter 71A.10 RCW to read as follows: The department shall consolidate all services provided through the department to children with developmental disabilities in the division of developmental disabilities. The department shall provide for an orderly transfer of staff, equipment, and related responsibilities from the division of children and family services to the division of developmental disabilities. The division of developmental disabilities shall assume responsibilities for children with developmental disabilities under this section no later than April 1, 1998. Any disputes between the division of children and family services and the division of developmental disabilities regarding the transfer of responsibilities under this section shall be resolved by the secretary of the department of social and health services. Sec. 21. RCW 13.50.010 and 1996 c 232 s 6 are each amended to read as follows: (1) For purposes of this chapter: (a) "Juvenile justice or care agency" means any of the following: Police, diversion units, court, prosecuting attorney, defense attorney, detention center, attorney general, the legislative children's oversight committee, the office of family and children's ombudsman, the department of social and health services and its contracting agencies, schools; and, in addition, persons or public or private agencies having children committed to their custody; (b) "Official juvenile court file" means the legal file of the juvenile court containing the petition or information, motions, memorandums, briefs, findings of the court, and court orders; (c) "Social file" means the juvenile court file containing the records and reports of the probation counselor; (d) "Records" means the official juvenile court file, the social file, and records of any other juvenile justice or care agency in the case. (2) Each petition or information filed with the court may include only one juvenile and each petition or information shall be filed under a separate docket number. The social file shall be filed separately from the official juvenile court file. (3) It is the duty of any juvenile justice or care agency to maintain accurate records. To this end: (a) The agency may never knowingly record inaccurate information. Any information in records maintained by the department of social and health services relating to a petition filed pursuant to chapter 13.34 RCW that is found by the court, upon proof presented, to be false or inaccurate shall be corrected or expunged from such records by the agency; (b) An agency shall take reasonable steps to assure the security of its records and prevent tampering with them; and (c) An agency shall make reasonable efforts to insure the completeness of its records, including action taken by other agencies with respect to matters in its files. (4) Each juvenile justice or care agency shall implement procedures consistent with the provisions of this chapter to facilitate inquiries concerning records. (5) Any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency and who has been denied access to those records by the agency may make a motion to the court for an order authorizing that person to inspect the juvenile justice or care agency record concerning that person. The court shall grant the motion to examine records unless it finds that in the interests of justice or in the best interests of the juvenile the records or parts of them should remain confidential. (6) A juvenile, or his or her parents, or any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency may make a motion to the court challenging the accuracy of any information concerning the moving party in the record or challenging the continued possession of the record by the agency. If the court grants the motion, it shall order the record or information to be corrected or destroyed. (7) The person making a motion under subsection (5) or (6) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion. (8) The court may permit inspection of records by, or release of information to, any clinic, hospital, or agency which has the subject person under care or treatment. The court may also permit inspection by or release to individuals or agencies, including juvenile justice advisory committees of county law and justice councils, engaged in legitimate research for educational, scientific, or public purposes. The court may also permit inspection of, or release of information from, records which have been sealed pursuant to RCW 13.50.050(11). The court shall release to the sentencing guidelines commission records needed for its research and data-gathering functions under RCW 9.94A.040 and other statutes. Access to records or information for research purposes shall be permitted only if the anonymity of all persons mentioned in the records or information will be preserved. Each person granted permission to inspect juvenile justice or care agency records for research purposes shall present a notarized statement to the court stating that the names of juveniles and parents will remain confidential. (9) Juvenile detention facilities shall release records to the sentencing guidelines commission under RCW 13.40.025 and 9.94A.040 upon request. The commission shall not disclose the names of any juveniles or parents mentioned in the records without the named individual's written permission. (10) Requirements in this chapter relating to the court's authority to compel disclosure shall not apply to the legislative children's oversight committee or the office of the family and children's ombudsman. Sec. 22. RCW 13.50.100 and 1995 c 311 s 16 are each amended to read as follows: (1) This section governs records not covered by RCW 13.50.050. (2) Records covered by this section shall be confidential and shall be released only pursuant to this section and RCW 13.50.010. (3) Records retained or produced by any juvenile justice or care agency may be released to other participants in the juvenile justice or care system only when an investigation or case involving the juvenile in question is being pursued by the other participant or when that other participant is assigned the responsibility of supervising the juvenile. Records covered under this section and maintained by the juvenile courts which relate to the official actions of the agency may be entered in the state-wide juvenile court information system. (4) A juvenile, his or her parents, the juvenile's attorney and the juvenile's parent's attorney, shall, upon request, be given access to all records and information collected or retained by a juvenile justice or care agency which pertain to the juvenile except: (a) If it is determined by the agency that release of this information is likely to cause severe psychological or physical harm to the juvenile or his or her parents the agency may withhold the information subject to other order of the court: PROVIDED, That if the court determines that limited release of the information is appropriate, the court may specify terms and conditions for the release of the information; or (b) If the information or record has been obtained by a juvenile justice or care agency in connection with the provision of counseling, psychological, psychiatric, or medical services to the juvenile, when the services have been sought voluntarily by the juvenile, and the juvenile has a legal right to receive those services without the consent of any person or agency, then the information or record may not be disclosed to the juvenile's parents without the informed consent of the juvenile unless otherwise authorized by law; or (c) That the department of social and health services may delete the name and identifying information regarding persons or organizations who have reported ((suspected)) alleged child abuse or neglect. (5) A juvenile or his or her parent denied access to any records following an agency determination under subsection (4) of this section may file a motion in juvenile court requesting access to the records. The court shall grant the motion unless it finds access may not be permitted according to the standards found in subsections (4) (a) and (b) of this section. (6) The person making a motion under subsection (5) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion. (7) Subject to the rules of discovery in civil cases, any party to a proceeding seeking a declaration of dependency or a termination of the parent-child relationship and any party's counsel and the guardian ad litem of any party, shall have access to the records of any natural or adoptive child of the parent, subject to the limitations in subsection (4) of this section. A party denied access to records may request judicial review of the denial. If the party prevails, he or she shall be awarded attorneys' fees, costs, and an amount not less than five dollars and not more than one hundred dollars for each day the records were wrongfully denied. Sec. 23. RCW 26.44.015 and 1993 c 412 s 11 are each amended to read as follows: (1) This chapter shall not be construed to authorize interference with child-raising practices, including reasonable parental discipline, which are not injurious to the child's health, welfare, and safety.(2) Nothing in this chapter may be used to prohibit the reasonable use of corporal punishment as a means of discipline. (3) No parent or guardian may be deemed abusive or neglectful solely by reason of the parent's or child's blindness, deafness, developmental disability, or other handicap. (4) A person reporting alleged injury, abuse, or neglect to an adult dependent person shall not suffer negative consequences if the person reporting believes in good faith that the adult dependent person has been found legally incompetent or disabled. Sec. 24. RCW 26.44.020 and 1996 c 178 s 10 are each amended to read as follows: For the purpose of and as used in this chapter: (1) "Court" means the superior court of the state of Washington, juvenile department. (2) "Law enforcement agency" means the police department, the prosecuting attorney, the state patrol, the director of public safety, or the office of the sheriff. (3) "Practitioner of the healing arts" or "practitioner" means a person licensed by this state to practice podiatric medicine and surgery, optometry, chiropractic, nursing, dentistry, osteopathic medicine and surgery, or medicine and surgery or to provide other health services. The term "practitioner" shall include a duly accredited Christian Science practitioner: PROVIDED, HOWEVER, That a person who is being furnished Christian Science treatment by a duly accredited Christian Science practitioner shall not be considered, for that reason alone, a neglected person for the purposes of this chapter. (4) "Institution" means a private or public hospital or any other facility providing medical diagnosis, treatment or care. (5) "Department" means the state department of social and health services. (6) "Child" or "children" means any person under the age of eighteen years of age. (7) "Professional school personnel" shall include, but not be limited to, teachers, counselors, administrators, child care facility personnel, and school nurses. (8) "Social service counselor" shall mean anyone engaged in a professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support or education of children, or providing social services to adults or families, including mental health, drug and alcohol treatment, and domestic violence programs, whether in an individual capacity, or as an employee or agent of any public or private organization or institution. (9) "Psychologist" shall mean any person licensed to practice psychology under chapter 18.83 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution. (10) "Pharmacist" shall mean any registered pharmacist under the provisions of chapter 18.64 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution. (11) "Clergy" shall mean any regularly licensed or ordained minister, priest or rabbi of any church or religious denomination, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution. (12) "Abuse or neglect" shall mean the injury, sexual abuse, sexual exploitation, negligent treatment, or maltreatment of a child, adult dependent, or developmentally disabled person by any person under circumstances which indicate that the child's or adult's health, welfare, and safety is harmed, excluding conduct permitted under RCW 9A.16.100. An abused child is a child who has been subjected to child abuse or neglect as defined herein. (13) "Child protective services section" shall mean the child protective services section of the department. (14) "Adult dependent persons" shall be defined as those persons over the age of eighteen years who have been found to be legally incompetent or disabled pursuant to chapter 11.88 RCW. (15) "Sexual exploitation" includes: (a) Allowing, permitting, or encouraging a child to engage in prostitution by any person; or (b) allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child by any person. (16) "Negligent treatment or maltreatment" means an act or omission which evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to the child's health, welfare, and safety. (17) "Developmentally disabled person" means a person who has a disability defined in RCW 71A.10.020. (18) "Child protective services" means those services provided by the department designed to protect children from child abuse and neglect and safeguard the general welfare of such children and shall include investigations of child abuse and neglect reports, including reports regarding child care centers and family child care homes, and the development, management, and provision of or referral to services to ameliorate conditions which endanger the welfare of children, the coordination of necessary programs and services relevant to the prevention, intervention, and treatment of child abuse and neglect, and services to children to ensure that each child has a permanent home. In determining whether protective services should be provided, the department shall not decline to provide such services solely because of the child's unwillingness or developmental inability to describe the nature and severity of the abuse or neglect. (19) "Malice" or "maliciously" means an evil intent, wish, or design to vex, annoy, or injure another person. Such malice may be inferred from an act done in wilful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a wilful disregard of social duty. (20) "Sexually aggressive youth" means a child who is defined in RCW 74.13.075(1)(b) as being a "sexually aggressive youth." Sec. 25. RCW 26.44.030 and 1996 c 278 s 2 are each amended to read as follows: (1)(a) When any practitioner, county coroner or medical examiner, law enforcement officer, professional school personnel, registered or licensed nurse, social service counselor, psychologist, pharmacist, licensed or certified child care providers or their employees, employee of the department, ((or)) juvenile probation officer, or state family and children's ombudsman or any volunteer in the ombudsman's office has reasonable cause to believe that a child or adult dependent or developmentally disabled person, has suffered abuse or neglect, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040. (b) The reporting requirement shall also apply to department of corrections personnel who, in the course of their employment, observe offenders or the children with whom the offenders are in contact. If, as a result of observations or information received in the course of his or her employment, any department of corrections personnel has reasonable cause to believe that a child or adult dependent or developmentally disabled person has suffered abuse or neglect, he or she shall report the incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040. (c) The reporting requirement shall also apply to any adult who has reasonable cause to believe that a child or adult dependent or developmentally disabled person, who resides with them, has suffered severe abuse, and is able or capable of making a report. For the purposes of this subsection, "severe abuse" means any of the following: Any single act of abuse that causes physical trauma of sufficient severity that, if left untreated, could cause death; any single act of sexual abuse that causes significant bleeding, deep bruising, or significant external or internal swelling; or more than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness. (d) The report shall be made at the first opportunity, but in no case longer than forty-eight hours after there is reasonable cause to believe that the child or adult has suffered abuse or neglect. The report shall include the identity of the accused if known. (2) The reporting requirement of subsection (1) of this section does not apply to the discovery of abuse or neglect that occurred during childhood if it is discovered after the child has become an adult. However, if there is reasonable cause to believe other children, dependent adults, or developmentally disabled persons are or may be at risk of abuse or neglect by the accused, the reporting requirement of subsection (1) of this section shall apply. (3) Any other person who has reasonable cause to believe that a child or adult dependent or developmentally disabled person has suffered abuse or neglect may report such incident to the proper law enforcement agency or to the department of social and health services as provided in RCW 26.44.040. (4) The department, upon receiving a report of an incident of alleged abuse or neglect pursuant to this chapter, involving a child or adult dependent or developmentally disabled person who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means or who has been subjected to alleged sexual abuse, shall report such incident to the proper law enforcement agency. In emergency cases, where the child, adult dependent, or developmentally disabled person's welfare is endangered, the department shall notify the proper law enforcement agency within twenty-four hours after a report is received by the department. In all other cases, the department shall notify the law enforcement agency within seventy-two hours after a report is received by the department. If the department makes an oral report, a written report shall also be made to the proper law enforcement agency within five days thereafter. (5) Any law enforcement agency receiving a report of an incident of alleged abuse or neglect pursuant to this chapter, involving a child or adult dependent or developmentally disabled person who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means, or who has been subjected to alleged sexual abuse, shall report such incident in writing as provided in RCW 26.44.040 to the proper county prosecutor or city attorney for appropriate action whenever the law enforcement agency's investigation reveals that a crime may have been committed. The law enforcement agency shall also notify the department of all reports received and the law enforcement agency's disposition of them. In emergency cases, where the child, adult dependent, or developmentally disabled person's welfare is endangered, the law enforcement agency shall notify the department within twenty-four hours. In all other cases, the law enforcement agency shall notify the department within seventy-two hours after a report is received by the law enforcement agency. (6) Any county prosecutor or city attorney receiving a report under subsection (5) of this section shall notify the victim, any persons the victim requests, and the local office of the department, of the decision to charge or decline to charge a crime, within five days of making the decision. (7) The department may conduct ongoing case planning and consultation with those persons or agencies required to report under this section, with consultants designated by the department, and with designated representatives of Washington Indian tribes if the client information exchanged is pertinent to cases currently receiving child protective services or department case services for the developmentally disabled. Upon request, the department shall conduct such planning and consultation with those persons required to report under this section if the department determines it is in the best interests of the child or developmentally disabled person. Information considered privileged by statute and not directly related to reports required by this section shall not be divulged without a valid written waiver of the privilege. (8) Any case referred to the department by a physician licensed under chapter 18.57 or 18.71 RCW on the basis of an expert medical opinion that child abuse, neglect, or sexual assault has occurred and that the child's safety will be seriously endangered if returned home, the department shall file a dependency petition unless a second licensed physician of the parents' choice believes that such expert medical opinion is incorrect. If the parents fail to designate a second physician, the department may make the selection. If a physician finds that a child has suffered abuse or neglect but that such abuse or neglect does not constitute imminent danger to the child's health or safety, and the department agrees with the physician's assessment, the child may be left in the parents' home while the department proceeds with reasonable efforts to remedy parenting deficiencies. (9) Persons or agencies exchanging information under subsection (7) of this section shall not further disseminate or release the information except as authorized by state or federal statute. Violation of this subsection is a misdemeanor. (10) Upon receiving reports of alleged abuse or neglect, the department or law enforcement agency may interview children. The interviews may be conducted on school premises, at day-care facilities, at the child's home, or at other suitable locations outside of the presence of parents. Parental notification of the interview shall occur at the earliest possible point in the investigation that will not jeopardize the safety or protection of the child or the course of the investigation. Prior to commencing the interview the department or law enforcement agency shall determine whether the child wishes a third party to be present for the interview and, if so, shall make reasonable efforts to accommodate the child's wishes. Unless the child objects, the department or law enforcement agency shall make reasonable efforts to include a third party in any interview so long as the presence of the third party will not jeopardize the course of the investigation. (11) Upon receiving a report of alleged child abuse and neglect, the department or investigating law enforcement agency shall have access to all relevant records of the child in the possession of mandated reporters and their employees. (12) The department shall maintain investigation records and conduct timely and periodic reviews of all cases constituting abuse and neglect. The department shall maintain a log of screened-out nonabusive cases. (13) The department shall use a risk assessment process when investigating alleged child abuse and neglect referrals. The department shall present the risk factors at all hearings in which the placement of a dependent child is an issue. The department shall, within funds appropriated for this purpose, offer enhanced community-based services to persons who are determined not to require further state intervention. The department shall provide annual reports to the legislature on the effectiveness of the risk assessment process. (14) Upon receipt of a report of alleged abuse or neglect the law enforcement agency may arrange to interview the person making the report and any collateral sources to determine if any malice is involved in the reporting. (15) The department shall make reasonable efforts to learn the name, address, and telephone number of each person making a report of abuse or neglect under this section. The department shall provide assurances of appropriate confidentiality of the identification of persons reporting under this section. If the department is unable to learn the information required under this subsection, the department shall only investigate cases in which: (a) The department believes there is a serious threat of substantial harm to the child; (b) the report indicates conduct involving a criminal offense that has, or is about to occur, in which the child is the victim; or (c) the department has, after investigation, a report of abuse or neglect that has been founded with regard to a member of the household within three years of receipt of the referral. Sec. 26. RCW 26.44.035 and 1985 c 259 s 3 are each amended to read as follows: If the department or a law enforcement agency responds to a complaint of alleged child abuse or neglect and discovers that another agency has also responded to the complaint, the agency shall notify the other agency of their presence, and the agencies shall coordinate the investigation and keep each other apprised of progress. The department, each law enforcement agency, each county prosecuting attorney, each city attorney, and each court shall make as soon as practicable a written record and shall maintain records of all incidents of suspected child abuse reported to that person or agency. Records kept under this section shall be identifiable by means of an agency code for child abuse. Sec. 27. RCW 26.44.040 and 1993 c 412 s 14 are each amended to read as follows: An immediate oral report shall be made by telephone or otherwise to the proper law enforcement agency or the department of social and health services and, upon request, shall be followed by a report in writing. Such reports shall contain the following information, if known: (1) The name, address, and age of the child or adult dependent or developmentally disabled person; (2) The name and address of the child's parents, stepparents, guardians, or other persons having custody of the child or the residence of the adult dependent or developmentally disabled person; (3) The nature and extent of the alleged injury or injuries; (4) The nature and extent of the alleged neglect; (5) The nature and extent of the alleged sexual abuse; (6) Any evidence of previous injuries, including their nature and extent; and (7) Any other information which may be helpful in establishing the cause of the child's or adult dependent or developmentally disabled person's death, injury, or injuries and the identity of the alleged perpetrator or perpetrators. Sec. 28. RCW 26.44.053 and 1996 c 249 s 16 are each amended to read as follows: (1) In any judicial proceeding under this chapter or chapter 13.34 RCW in which it is alleged that a child has been subjected to child abuse or neglect, the court shall appoint a guardian ad litem for the child as provided in chapter 13.34 RCW. The requirement of a guardian ad litem may be deemed satisfied if the child is represented by counsel in the proceedings. (2) At any time prior to or during a hearing in such a case, the court may, on its own motion, or the motion of the guardian ad litem, or other parties, order the examination by a physician, psychologist, or psychiatrist, of any parent or child or other person having custody of the child at the time of the alleged child abuse or neglect, if the court finds such an examination is necessary to the proper determination of the case. The hearing may be continued pending the completion of such examination. The physician, psychologist, or psychiatrist conducting such an examination may be required to testify concerning the results of such examination and may be asked to give his or her opinion as to whether the protection of the child requires that he or she not be returned to the custody of his or her parents or other persons having custody of him or her at the time of the alleged child abuse or neglect. Persons so testifying shall be subject to cross-examination as are other witnesses. No information given at any such examination of the parent or any other person having custody of the child may be used against such person in any subsequent criminal proceedings against such person or custodian concerning the alleged abuse or neglect of the child. (3) A parent or other person having legal custody of a child alleged to be abused or neglected shall be a party to any proceeding that may impair or impede such person's interest in and custody or control of the child. Sec. 29. RCW 26.44.060 and 1988 c 142 s 3 are each amended to read as follows: (1)(a) Except as provided in (b) of this subsection, any person participating in good faith in the making of a report pursuant to this chapter or testifying as to alleged child abuse or neglect in a judicial proceeding shall in so doing be immune from any liability arising out of such reporting or testifying under any law of this state or its political subdivisions. (b) A person convicted of a violation of subsection (4) of this section shall not be immune from liability under (a) of this subsection. (2) An administrator of a hospital or similar institution or any physician licensed pursuant to chapters 18.71 or 18.57 RCW taking a child into custody pursuant to RCW 26.44.056 shall not be subject to criminal or civil liability for such taking into custody. (3) Conduct conforming with the reporting requirements of this chapter shall not be deemed a violation of the confidential communication privilege of RCW 5.60.060 (3) and (4), 18.53.200 and 18.83.110. Nothing in this chapter shall be construed as to supersede or abridge remedies provided in chapter 4.92 RCW. (4) A person who, intentionally and in bad faith or maliciously, knowingly makes a false report of alleged abuse or neglect shall be guilty of a misdemeanor punishable in accordance with RCW 9A.20.021. Sec. 30. RCW 70.124.040 and 1981 c 174 s 4 are each amended to read as follows:(1) Where a report is deemed warranted under RCW 70.124.030, an immediate oral report shall be made by telephone or otherwise to either a law enforcement agency or to the department and, upon request, shall be followed by a report in writing. The reports shall contain the following information, if known: (a) The name and address of the person making the report; (b) The name and address of the nursing home or state hospital patient; (c) The name and address of the patient's relatives having responsibility for the patient; (d) The nature and extent of the alleged injury or injuries; (e) The nature and extent of the alleged neglect; (f) The nature and extent of the alleged sexual abuse; (g) Any evidence of previous injuries, including their nature and extent; and (h) Any other information which may be helpful in establishing the cause of the patient's death, injury, or injuries, and the identity of the perpetrator or perpetrators. (2) Each law enforcement agency receiving such a report shall, in addition to taking the action required by RCW 70.124.050, immediately relay the report to the department and to other law enforcement agencies, as appropriate. For any report it receives, the department shall likewise take the required action and in addition relay the report to the appropriate law enforcement agency or agencies. The appropriate law enforcement agency or agencies shall receive immediate notification when the department, upon receipt of such report, has reasonable cause to believe that a criminal act has been committed. Sec. 31. RCW 70.129.030 and 1994 c 214 s 4 are each amended to read as follows: (1) The facility must inform the resident both orally and in writing in a language that the resident understands of his or her rights and all rules and regulations governing resident conduct and responsibilities during the stay in the facility. The notification must be made prior to or upon admission. Receipt of the information must be acknowledged in writing. (2) The resident or his or her legal representative has the right: (a) Upon an oral or written request, to access all records pertaining to himself or herself including clinical records within twenty-four hours; and (b) After receipt of his or her records for inspection, to purchase at a cost not to exceed the community standard photocopies of the records or portions of them upon request and two working days' advance notice to the facility. (3) The facility must inform each resident in writing before, or at the time of admission, and at least once every twenty-four months thereafter of: (a) Services available in the facility; (b) charges for those services including charges for services not covered by the facility's per diem rate or applicable public benefit programs; and (c) the rules of operations required under RCW 70.129.140(2). (4) The facility must furnish a written description of residents rights that includes: (a) A description of the manner of protecting personal funds, under RCW 70.129.040; (b) A posting of names, addresses, and telephone numbers of the state survey and certification agency, the state licensure office, the state ombudsmen program, and the protection and advocacy systems; and (c) A statement that the resident may file a complaint with the appropriate state licensing agency concerning alleged resident abuse, neglect, and misappropriation of resident property in the facility. (5) Notification of changes. (a) A facility must immediately consult with the resident's physician, and if known, make reasonable efforts to notify the resident's legal representative or an interested family member when there is: (i) An accident involving the resident which requires or has the potential for requiring physician intervention; (ii) A significant change in the resident's physical, mental, or psychosocial status (i.e., a deterioration in health, mental, or psychosocial status in either life-threatening conditions or clinical complications). (b) The facility must promptly notify the resident or the resident's representative shall make reasonable efforts to notify an interested family member, if known, when there is: (i) A change in room or roommate assignment; or (ii) A decision to transfer or discharge the resident from the facility. (c) The facility must record and update the address and phone number of the resident's representative or interested family member, upon receipt of notice from them. Sec. 32. RCW 74.13.031 and 1995 c 191 s 1 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. 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. The plan shall include a section entitled "Foster Home Turn-Over, Causes and Recommendations." (3) Investigate complaints of alleged 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 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 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. (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 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, licensing of child care agencies, adoption, and services related thereto. 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 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), (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. 33. RCW 74.15.030 and 1995 c 302 s 4 are each amended to read as follows: The secretary shall have the power and it shall be the secretary's duty: (1) In consultation with the children's services advisory committee, and with the advice and assistance of persons representative of the various type agencies to be licensed, to designate categories of facilities for which separate or different requirements shall be developed as may be appropriate whether because of variations in the ages, sex and other characteristics of persons served, variations in the purposes and services offered or size or structure of the agencies to be licensed hereunder, or because of any other factor relevant thereto; (2) In consultation with the children's services advisory committee, and with the advice and assistance of persons representative of the various type agencies to be licensed, to adopt and publish minimum requirements for licensing applicable to each of the various categories of agencies to be licensed. The minimum requirements shall be limited to: (a) The size and suitability of a facility and the plan of operation for carrying out the purpose for which an applicant seeks a license; (b) The character, suitability and competence of an agency and other persons associated with an agency directly responsible for the care and treatment of children, expectant mothers or developmentally disabled persons. In consultation with law enforcement personnel, the secretary shall investigate the conviction record or pending charges and dependency record information under chapter 43.43 RCW of each agency and its staff seeking licensure or relicensure. In order to determine the suitability of applicants for an agency license, licensees, their employees, and other persons who have unsupervised access to children in care, and who have not resided in the state of Washington during the three-year period before being authorized to care for children shall be fingerprinted. The fingerprints shall be forwarded to the Washington state patrol and federal bureau of investigation for a criminal history records check. The fingerprint criminal history records checks will be at the expense of the licensee except that in the case of a foster family home, if this expense would work a hardship on the licensee, the department shall pay the expense. The licensee may not pass this cost on to the employee or prospective employee, unless the employee is determined to be unsuitable due to his or her criminal history record. The secretary shall use the information solely for the purpose of determining eligibility for a license and for determining the character, suitability, and competence of those persons or agencies, excluding parents, not required to be licensed who are authorized to care for children, expectant mothers, and developmentally disabled persons. Criminal justice agencies shall provide the secretary such information as they may have and that the secretary may require for such purpose; (c) The number of qualified persons required to render the type of care and treatment for which an agency seeks a license; (d) The safety, cleanliness, and general adequacy of the premises to provide for the comfort, care and well-being of children, expectant mothers or developmentally disabled persons; (e) The provision of necessary care, including food, clothing, supervision and discipline; physical, mental and social well-being; and educational, recreational and spiritual opportunities for those served; (f) The financial ability of an agency to comply with minimum requirements established pursuant to chapter 74.15 RCW and RCW 74.13.031; and (g) The maintenance of records pertaining to the admission, progress, health and discharge of persons served; (3) To investigate any person, including relatives by blood or marriage except for parents, for character, suitability, and competence in the care and treatment of children, expectant mothers, and developmentally disabled persons prior to authorizing that person to care for children, expectant mothers, and developmentally disabled persons. However, if a child is placed with a relative under RCW 13.34.060 or 13.34.130, and if such relative appears otherwise suitable and competent to provide care and treatment the criminal history background check required by this section need not be completed before placement, but shall be completed as soon as possible after placement; (4) On reports of alleged child abuse and neglect, to investigate agencies in accordance with chapter 26.44 RCW, including child day-care centers and family day-care homes, to determine whether the alleged abuse or neglect has occurred, and whether child protective services or referral to a law enforcement agency is appropriate; (5) To issue, revoke, or deny licenses to agencies pursuant to chapter 74.15 RCW and RCW 74.13.031. Licenses shall specify the category of care which an agency is authorized to render and the ages, sex and number of persons to be served; (6) To prescribe the procedures and the form and contents of reports necessary for the administration of chapter 74.15 RCW and RCW 74.13.031 and to require regular reports from each licensee; (7) To inspect agencies periodically to determine whether or not there is compliance with chapter 74.15 RCW and RCW 74.13.031 and the requirements adopted hereunder; (8) To review requirements adopted hereunder at least every two years and to adopt appropriate changes after consultation with the child care coordinating committee and other affected groups for child day-care requirements and with the children's services advisory committee for requirements for other agencies; and (9) To consult with public and private agencies in order to help them improve their methods and facilities for the care of children, expectant mothers and developmentally disabled persons. Sec. 34. RCW 74.34.050 and 1986 c 187 s 3 are each amended to read as follows: (1) A person participating in good faith in making a report under this chapter or testifying about ((the)) alleged abuse, neglect, abandonment, or exploitation of a vulnerable adult in a judicial proceeding under this chapter is immune from liability resulting from the report or testimony. The making of permissive reports as allowed in RCW 74.34.030 does not create any duty to report and no civil liability shall attach for any failure to make a permissive report under RCW 74.34.030. (2) Conduct conforming with the reporting and testifying provisions of this chapter shall not be deemed a violation of any confidential communication privilege. Nothing in this chapter shall be construed as superseding or abridging remedies provided in chapter 4.92 RCW. Sec. 35. RCW 74.34.070 and 1995 1st sp.s. c 18 s 87 are each amended to read as follows: In responding to reports of alleged abuse, exploitation, neglect, or abandonment under this chapter, the department shall provide information to the frail elder or vulnerable adult on protective services available to the person and inform the person of the right to refuse such services. The department shall develop cooperative agreements with community-based agencies servicing the abused elderly and vulnerable adults. The agreements shall cover such subjects as the appropriate roles and responsibilities of the department and community-based agencies in identifying and responding to reports of alleged abuse, the provision of case-management services, standardized data collection procedures, and related coordination activities. Sec. 36. RCW 13.34.090 and 1990 c 246 s 4 are each amended to read as follows: (1) Any party has a right to be represented by an attorney in all proceedings under this chapter, to introduce evidence, to be heard in his or her own behalf, to examine witnesses, to receive a decision based solely on the evidence adduced at the hearing, and to an unbiased fact-finder. (2) At all stages of a proceeding in which a child is alleged to be dependent pursuant to RCW 13.34.030(((2))) (6), the child's parent, guardian, or legal custodian has the right to be represented by counsel, and if indigent, to have counsel appointed for him or her by the court. Unless waived in court, counsel shall be provided to the child's parent, guardian, or legal custodian, if such person (a) has appeared in the proceeding or requested the court to appoint counsel and (b) is financially unable to obtain counsel because of indigency as defined in chapter 10.101 RCW. (3) If a party to an action under this chapter is represented by counsel, no order shall be provided to that party for his or her signature without prior notice and provision of the order to counsel. (4) Copies of department of social and health services or supervising agency records to which parents have legal access pursuant to chapter 13.50 RCW shall be given to the child's parent, guardian, legal custodian, or his or her legal counsel, within twenty days after the department or supervising agency receives a written request for such records from the parent, guardian, legal custodian, or his or her legal counsel. These records shall be provided to the child's parents, guardian, legal custodian, or legal counsel prior to the shelter care hearing in order to allow an opportunity to review the records prior to the hearing. These records shall be legible and shall be provided at no expense to the parents, guardian, legal custodian, or his or her counsel. Sec. 37. RCW 13.34.120 and 1996 c 249 s 14 are each amended to read as follows: (1) To aid the court in its decision on disposition, a social study, consisting of a written evaluation of matters relevant to the disposition of the case, shall be made by the person or agency filing the petition. The study shall include all social records and may also include facts relating to the child's cultural heritage, and shall be made available to the court. The court shall consider the social file, social study, guardian ad litem report, the court-appointed special advocate's report, if any, and any reports filed by a party at the disposition hearing in addition to evidence produced at the fact-finding hearing. At least ten working days before the disposition hearing, the department shall mail to the parent and his or her attorney a copy of the agency's social study and proposed service plan, which shall be in writing or in a form understandable to the parents or custodians. In addition, the department shall provide an opportunity for parents to review and comment on the plan at the community service office. If the parents disagree with the agency's plan or any part thereof, the parents shall submit to the court at least twenty-four hours before the hearing, in writing, or signed oral statement, an alternative plan to correct the problems which led to the finding of dependency. This section shall not interfere with the right of the parents or custodians to submit oral arguments regarding the disposition plan at the hearing. (2) In addition to the requirements set forth in subsection (1) of this section, a predisposition study to the court in cases of dependency alleged pursuant to RCW 13.34.030(((4))) (6) (b) or (c) shall contain the following information: (a) A statement of the specific harm or harms to the child that intervention is designed to alleviate; (b) A description of the specific programs, for both the parents and child, that are needed in order to prevent serious harm to the child; the reasons why such programs are likely to be useful; the availability of any proposed services; and the agency's overall plan for ensuring that the services will be delivered; (c) If removal is recommended, a full description of the reasons why the child cannot be protected adequately in the home, including a description of any previous efforts to work with the parents and the child in the home; the in-home treatment programs which have been considered and rejected; the preventive services that have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home; and the parents' attitude toward placement of the child; (d) A statement of the likely harms the child will suffer as a result of removal. This section should include an exploration of the nature of the parent-child attachment and the meaning of separation and loss to both the parents and the child; (e) A description of the steps that will be taken to minimize harm to the child that may result if separation occurs; and (f) Behavior that will be expected before determination that supervision of the family or placement is no longer necessary. Sec. 38. RCW 13.34.180 and 1993 c 412 s 2 and 1993 c 358 s 3 are each reenacted and amended to read as follows: A petition seeking termination of a parent and child relationship may be filed in juvenile court by any party to the dependency proceedings concerning that child. Such petition shall conform to the requirements of RCW 13.34.040, shall be served upon the parties as provided in RCW 13.34.070(8), and shall allege: (1) That the child has been found to be a dependent child under RCW 13.34.030(((2))) (6); and (2) That the court has entered a dispositional order pursuant to RCW 13.34.130; and (3) That the child has been removed or will, at the time of the hearing, have been removed from the custody of the parent for a period of at least six months pursuant to a finding of dependency under RCW 13.34.030(((2))) (6); and (4) That the services ordered under RCW 13.34.130 have been offered or provided and all necessary services, reasonably available, capable of correcting the parental deficiencies within the foreseeable future have been offered or provided; and (5) That there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future. In determining whether the conditions will be remedied the court may consider, but is not limited to, the following factors: (a) Use of intoxicating or controlled substances so as to render the parent incapable of providing proper care for the child for extended periods of time and documented unwillingness of the parent to receive and complete treatment or documented multiple failed treatment attempts; or (b) Psychological incapacity or mental deficiency of the parent that is so severe and chronic as to render the parent incapable of providing proper care for the child for extended periods of time, and documented unwillingness of the parent to receive and complete treatment or documentation that there is no treatment that can render the parent capable of providing proper care for the child in the near future; and (6) That continuation of the parent and child relationship clearly diminishes the child's prospects for early integration into a stable and permanent home; or (7) In lieu of the allegations in subsections (1) through (6) of this section, the petition may allege that the child was found under such circumstances that the whereabouts of the child's parent are unknown and no person has acknowledged paternity or maternity and requested custody of the child within two months after the child was found. A parent's failure to substantially improve parental deficiencies within twelve months following entry of the dispositional order shall give rise to a rebuttable presumption that there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future. The presumption shall not arise unless the petitioner makes a showing that all necessary services reasonably capable of correcting the parental deficiencies within the foreseeable future have been offered or provided. Notice of rights shall be served upon the parent, guardian, or legal custodian with the petition and shall be in substantially the following form:
"NOTICE
A petition for termination of parental rights has been filed against you. You have important legal rights and you must take steps to protect your interests. This petition could result in permanent loss of your parental rights.1. You have the right to a fact-finding hearing before a judge.2. You have the right to have a lawyer represent you at the hearing. A lawyer can look at the files in your case, talk to the department of social and health services and other agencies, tell you about the law, help you understand your rights, and help you at hearings. If you cannot afford a lawyer, the court will appoint one to represent you. To get a court-appointed lawyer you must contact: (explain local procedure) .3. At the hearing, you have the right to speak on your own behalf, to introduce evidence, to examine witnesses, and to receive a decision based solely on the evidence presented to the judge.You should be present at this hearing.You may call (insert agency) for more information about your child. The agency's name and telephone number are (insert name and telephone number) ." Sec. 39. RCW 43.43.700 and 1989 c 334 s 6 are each amended to read as follows: There is hereby established within the Washington state patrol a section on identification, child abuse, vulnerable adult abuse, and criminal history hereafter referred to as the section. In order to aid the administration of justice the section shall install systems for the identification of individuals, including the fingerprint system and such other systems as the chief deems necessary. The section shall keep a complete record and index of all information received in convenient form for consultation and comparison. The section shall obtain from whatever source available and file for record the fingerprints, palmprints, photographs, or such other identification data as it deems necessary, of persons who have been or shall hereafter be lawfully arrested and charged with, or convicted of any criminal offense. The section may obtain like information concerning persons arrested for or convicted of crimes under the laws of another state or government.The section shall also contain like information concerning persons, over the age of eighteen years, who have been found, pursuant to a dependency proceeding under RCW 13.34.030(((2))) (6)(b) to have physically abused or sexually abused or exploited a child or, pursuant to a protection proceeding under chapter 74.34 RCW, to have abused or financially exploited a vulnerable adult. Sec. 40. RCW 43.43.840 and 1989 c 334 s 5 and 1989 c 90 s 5 are each reenacted and amended to read as follows: (1) The supreme court shall by rule require the courts of the state to notify the state patrol of any dependency action under RCW ((13.34.030(2)(b))) 13.34.040, domestic relations action under Title 26 RCW, or protection action under chapter 74.34 RCW, in which the court makes specific findings of physical abuse or sexual abuse or exploitation of a child or abuse or financial exploitation of a vulnerable adult. (2) The department of licensing shall notify the state patrol of any disciplinary board final decision that includes specific findings of physical abuse or sexual abuse or exploitation of a child or abuse or financial exploitation of a vulnerable adult. (3) When a business or an organization terminates, fires, dismisses, fails to renew the contract, or permits the resignation of an employee because of crimes against children or other persons or because of crimes relating to the financial exploitation of a vulnerable adult, and if that employee is employed in a position requiring a certificate or license issued by a licensing agency such as the state board of education, the business or organization shall notify the licensing agency of such termination of employment. Sec. 41. RCW 43.20A.050 and 1979 c 141 s 63 are each amended to read as follows: It is the intent of the legislature wherever possible to place the internal affairs of the department under the control of the secretary ((in order that he may)) to institute ((therein)) the flexible, alert and intelligent management of its business that changing contemporary circumstances require. Therefore, whenever ((his)) the secretary's authority is not specifically limited by law, he or she shall have complete charge and supervisory powers over the department. ((He)) The secretary is authorized to create such administrative structures as ((he may deem)) deemed appropriate, except as otherwise specified by law. The secretary shall have the power to employ such assistants and personnel as may be necessary for the general administration of the department((: PROVIDED, That,)). Except as elsewhere specified, such employment ((is)) shall be in accordance with the rules of the state civil service law, chapter 41.06 RCW. NEW SECTION. Sec. 42. It is the intent of the legislature, in enacting the chapter . . ., Laws of 1997 changes to RCW 41.64.100 (section 43 of this act), to provide a prompt and efficient method of expediting employee appeals regarding alleged misconduct that may have placed children at serious risk of harm. The legislature recognizes that children are at risk of harm in cases of abuse or neglect and intends to provide a method of reducing such risk as well as mitigating the potential liability to the state associated with employee misconduct involving children. The legislature does not intend to impair any existing rights of appeals held by employees, nor does it intend to restrict consideration of any appropriate evidence or facts by the personnel appeals board. Sec. 43. RCW 41.64.100 and 1981 c 311 s 11 are each amended to read as follows: (1) In all appeals over which the board has jurisdiction involving reduction, dismissal, suspension, or demotion, the board shall set the case for hearing, and the final decision, including an appeal to the board from the hearing examiner, if any, shall be rendered within ninety days from the date the appeal was first received((: PROVIDED, That)). An extension may be permitted if agreed to by the employee and the employing agency. The board shall furnish the agency with a copy of the appeal in advance of the hearing. (2) Notwithstanding subsection (1) of this section, in a case involving misconduct that has placed a child at serious risk of harm as a result of actions taken or not taken under chapter 13.32A, 13.34, 13.40, 26.44, 74.13, 74.14A, 74.14B, 74.14C, or 74.15 RCW, the board shall hear the case before all unscheduled cases. The board shall issue its order within forty-five days of hearing the case unless there are extraordinary circumstances, in which case, an additional thirty days may elapse until the case is decided. (3) In all appeals made pursuant to RCW 41.06.170(((3))) (4), as now or hereafter amended, the decision of the board is final and not appealable to court. NEW SECTION. Sec. 44. Section 43 of this act shall not be construed to alter an existing collective bargaining unit or the provisions of any existing bargaining agreement in place on the effective date of this section before the expiration of such agreement. Sec. 45. RCW 26.44.020 and 1996 c 178 s 10 are each amended to read as follows: For the purpose of and as used in this chapter: (1) "Court" means the superior court of the state of Washington, juvenile department. (2) "Law enforcement agency" means the police department, the prosecuting attorney, the state patrol, the director of public safety, or the office of the sheriff. (3) "Practitioner of the healing arts" or "practitioner" means a person licensed by this state to practice podiatric medicine and surgery, optometry, chiropractic, nursing, dentistry, osteopathic medicine and surgery, or medicine and surgery or to provide other health services. The term "practitioner" shall include a duly accredited Christian Science practitioner: PROVIDED, HOWEVER, That a person who is being furnished Christian Science treatment by a duly accredited Christian Science practitioner shall not be considered, for that reason alone, a neglected person for the purposes of this chapter. (4) "Institution" means a private or public hospital or any other facility providing medical diagnosis, treatment or care. (5) "Department" means the state department of social and health services. (6) "Child" or "children" means any person under the age of eighteen years of age. (7) "Professional school personnel" shall include, but not be limited to, teachers, counselors, administrators, child care facility personnel, and school nurses. (8) "Social service counselor" shall mean anyone engaged in a professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support or education of children, or providing social services to adults or families, including mental health, drug and alcohol treatment, and domestic violence programs, whether in an individual capacity, or as an employee or agent of any public or private organization or institution. (9) "Psychologist" shall mean any person licensed to practice psychology under chapter 18.83 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution. (10) "Pharmacist" shall mean any registered pharmacist under the provisions of chapter 18.64 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution. (11) "Clergy" shall mean any regularly licensed or ordained minister, priest or rabbi of any church or religious denomination, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution. (12) "Abuse or neglect" shall mean the injury, sexual abuse, sexual exploitation, negligent treatment, or maltreatment of a child, adult dependent, or developmentally disabled person by any person under circumstances which indicate that the child's or adult's health, welfare, and safety is harmed. An abused child is a child who has been subjected to child abuse or neglect as defined herein. (13) "Child protective services section" shall mean the child protective services section of the department. (14) "Adult dependent persons" shall be defined as those persons over the age of eighteen years who have been found to be legally incompetent or disabled pursuant to chapter 11.88 RCW. (15) "Sexual exploitation" includes: (a) Allowing, permitting, or encouraging a child to engage in prostitution by any person; or (b) allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child by any person. (16) "Negligent treatment or maltreatment" means an act or omission which evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to the child's health, welfare, and safety. (17) "Developmentally disabled person" means a person who has a disability defined in RCW 71A.10.020. (18) "Child protective services" means those services provided by the department designed to protect children from child abuse and neglect and safeguard ((the general welfare of)) such children ((and shall include)) from future abuse and neglect, and conduct investigations of child abuse and neglect reports((, including reports regarding child care centers and family child care homes, and the development, management, and provision of or)). Investigations may be conducted regardless of the location of the alleged abuse or neglect. Child protective services includes referral to services to ameliorate conditions which endanger the welfare of children, the coordination of necessary programs and services relevant to the prevention, intervention, and treatment of child abuse and neglect, and services to children to ensure that each child has a permanent home. In determining whether protective services should be provided, the department shall not decline to provide such services solely because of the child's unwillingness or developmental inability to describe the nature and severity of the abuse or neglect. (19) "Malice" or "maliciously" means an evil intent, wish, or design to vex, annoy, or injure another person. Such malice may be inferred from an act done in wilful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a wilful disregard of social duty. (20) "Sexually aggressive youth" means a child who is defined in RCW 74.13.075(1)(b) as being a "sexually aggressive youth." NEW SECTION. Sec. 46. A new section is added to chapter 43.20A RCW to read as follows: (1) Notwithstanding the provisions of RCW 26.44.020 and chapter 74.13 RCW, the secretary may exercise his or her discretion to permit employees of the department to provide child protective services and child welfare services under the following circumstances: (a) The number of employees in an office or the location of an office makes it administratively impractical to require a strict segregation between the delivery of both types of services; or (b) There are exceptional circumstances, including such things as a disproportionately large number of vacant positions in an office; or (2) The changes required to implement RCW 26.44.020 and this section shall not be made until the expiration of any collective bargaining agreement in effect on the effective date of this section, unless the parties to the agreement determine such changes can be made before that time. NEW SECTION. Sec. 47. A new section is added to chapter 43.20A RCW to read as follows: The department shall prepare an annual quality assurance report that shall include but is not limited to: (1) Performance outcomes regarding health and safety of children in the children's services system; (2) children's length of stay in out-of-home placement from each date of referral; (3) adherence to permanency planning timelines; and (4) the response time on child protective services investigations differentiated by risk level determined at intake. The report shall be provided to the governor and legislature not later than July 1. NEW SECTION. Sec. 48. A new section is added to chapter 26.44 RCW to read as follows: (1) When, as a result of a report of alleged child abuse or neglect, an investigation is made that includes an in-person contact with the person who is alleged to have committed the abuse or neglect, there shall be a determination of whether it is probable that the use of alcohol or controlled substances is a contributing factor to the alleged abuse or neglect. (2) The department shall provide appropriate training for persons who conduct the investigations under subsection (1) of this section. The training shall include methods of identifying indicators of abuse of alcohol or controlled substances. (3) If a determination is made under subsection (1) of this section that there is probable cause to believe abuse of alcohol or controlled substances has contributed to the child abuse or neglect, the department shall, within available funds, cause a comprehensive chemical dependency evaluation to be made of the person or persons so identified. The evaluation shall be conducted by a physician or persons certified under rules adopted by the department to make such evaluation. The department shall perform the duties assigned under this section within existing personnel resources. NEW SECTION. Sec. 49. The legislature finds that the placement of children and youth in state-operated or state-funded residential facilities must be done in such a manner as to protect children who are vulnerable to sexual victimization from youth who are sexually aggressive. To achieve this purpose, the legislature intends the department of social and health services to develop a policy for assessing sexual aggressiveness and vulnerability to sexual victimization of children and youth who are placed in state-operated or state-funded residential facilities. NEW SECTION. Sec. 50. A new section is added to chapter 13.40 RCW to read as follows: (1) The department shall implement a policy for protecting youth committed to state-operated or state-funded residential facilities under this chapter who are vulnerable to sexual victimization by other youth committed to those facilities who are sexually aggressive. The policy shall include, at a minimum, the following elements: (a) Development and use of an assessment process for identifying youth, within thirty days of commitment to the department, who present a moderate or high risk of sexually aggressive behavior for the purposes of this section. The assessment process need not require that every youth who is adjudicated or convicted of a sex offense as defined in RCW 9.94A.030 be determined to be sexually aggressive, nor shall a sex offense adjudication or conviction be required in order to determine a youth is sexually aggressive. Instead, the assessment process shall consider the individual circumstances of the youth, including his or her age, physical size, sexual abuse history, mental and emotional condition, and other factors relevant to sexual aggressiveness. The definition of "sexually aggressive youth" in RCW 74.13.075 does not apply to this section to the extent that it conflicts with this section; (b) Development and use of an assessment process for identifying youth, within thirty days of commitment to the department, who may be vulnerable to victimization by youth identified under (a) of this subsection as presenting a moderate or high risk of sexually aggressive behavior. The assessment process shall consider the individual circumstances of the youth, including his or her age, physical size, sexual abuse history, mental and emotional condition, and other factors relevant to vulnerability; (c) Development and use of placement criteria to avoid assigning youth who present a moderate or high risk of sexually aggressive behavior to the same sleeping quarters as youth assessed as vulnerable to sexual victimization, except that they may be assigned to the same multiple-person sleeping quarters if those sleeping quarters are regularly monitored by visual surveillance equipment or staff checks; (d) Development and use of procedures for minimizing, within available funds, unsupervised contact in state-operated or state-funded residential facilities between youth presenting moderate to high risk of sexually aggressive behavior and youth assessed as vulnerable to sexual victimization. The procedures shall include taking reasonable steps to prohibit any youth committed under this chapter who present a moderate to high risk of sexually aggressive behavior from entering any sleeping quarters other than the one to which they are assigned, unless accompanied by an authorized adult. (2) For the purposes of this section, the following terms have the following meanings: (a) "Sleeping quarters" means the bedrooms or other rooms within a residential facility where youth are assigned to sleep. (b) "Unsupervised contact" means contact occurring outside the sight or hearing of a responsible adult for more than a reasonable period of time under the circumstances. NEW SECTION. Sec. 51. The department of social and health services shall report to the legislature by December 1, 1997, on the following: (1) Development of the assessment process for identifying youth who present a moderate to high risk of sexually aggressive behavior for the purposes of sections 49 through 55 of this act; (2) development of the assessment process for determining when a youth may be vulnerable to victimization by youth who present a moderate to high risk of sexually aggressive behavior for the purposes of sections 49 through 55 of this act; and (3) development of the placement criteria and procedures required under section 50(1) (c) and (d) of this act. NEW SECTION. Sec. 52. The policy developed under section 50 of this act shall be implemented within the juvenile rehabilitation administration by January 1, 1998. NEW SECTION. Sec. 53. The department of social and health services shall provide an evaluation of the implementation of sections 49 through 55 of this act to the legislature by December 1, 1998. The evaluation shall identify: (1) The number of youth assessed as presenting a moderate to high risk of sexually aggressive behavior; (2) the number of youth assessed as being vulnerable to victimization; (3) the effectiveness of avoiding assigning youth who present a moderate or high risk of sexually aggressive behavior to the same sleeping quarters as youth assessed as being vulnerable to sexual victimization by utilizing the assessment and placement process set forth in section 50 of this act; (4) the effectiveness of minimizing, within available funds, unsupervised contact between youth who present a moderate or high risk of sexually aggressive behavior and youth assessed as being vulnerable to sexual victimization utilizing the procedures set forth in section 50 of this act; and (5) the number of youth identified as moderate to high risk of sexually aggressive behavior who were placed in department of social and health services community residential settings during their period of parole with a youth who is not a juvenile offender and is found to be dependent under chapter 13.34 RCW or an at-risk youth or child in need of services under chapter 13.32A RCW. The department shall identify the resources necessary to provide separate placements for youth identified in this subsection and shall identify alternative administrative processes for managing the placement of these youth. Sec. 54. RCW 13.40.460 and 1994 sp.s. c 7 s 516 are each amended to read as follows: The secretary, assistant secretary, or the secretary's designee shall manage and administer the department's juvenile rehabilitation responsibilities, including but not limited to the operation of all state institutions or facilities used for juvenile rehabilitation. The secretary or assistant secretary shall: (1) Prepare a biennial budget request sufficient to meet the confinement and rehabilitative needs of the juvenile rehabilitation program, as forecast by the office of financial management; (2) Create by rule a formal system for inmate classification. This classification system shall consider: (a) Public safety; (b) Internal security and staff safety; ((and)) (c) Rehabilitative resources both within and outside the department; (d) An assessment of each offender's risk of sexually aggressive behavior as provided in section 50 of this act; and (e) An assessment of each offender's vulnerability to sexually aggressive behavior as provided in section 50 of this act; (3) Develop agreements with local jurisdictions to develop regional facilities with a variety of custody levels; (4) Adopt rules establishing effective disciplinary policies to maintain order within institutions; (5) Develop a comprehensive diagnostic evaluation process to be used at intake, including but not limited to evaluation for substance addiction or abuse, literacy, learning disabilities, fetal alcohol syndrome or effect, attention deficit disorder, and mental health; (6) Develop placement criteria: (a) To avoid assigning youth who present a moderate or high risk of sexually aggressive behavior to the same sleeping quarters as youth assessed as vulnerable to sexual victimization under section 50(1)(c) of this act; and (b) To avoid placing a juvenile offender on parole status who has been assessed as a moderate to high risk for sexually aggressive behavior in a department community residential program with another child who is: (i) Dependent under chapter 13.34 RCW, or an at-risk youth or child in need of services under chapter 13.32A RCW; and (ii) not also a juvenile offender on parole status; (7) Develop a plan to implement, by July 1, 1995: (a) Substance abuse treatment programs for all state juvenile rehabilitation facilities and institutions; (b) Vocational education and instruction programs at all state juvenile rehabilitation facilities and institutions; and (c) An educational program to establish self-worth and responsibility in juvenile offenders. This educational program shall emphasize instruction in character-building principles such as: Respect for self, others, and authority; victim awareness; accountability; work ethics; good citizenship; and life skills; and (((7))) (8) Study, in conjunction with the superintendent of public instruction, educators, and superintendents of state facilities for juvenile offenders, the feasibility and value of consolidating within a single entity the provision of educational services to juvenile offenders committed to state facilities. The assistant secretary shall report his or her findings to the legislature by December 1, 1995. NEW SECTION. Sec. 55. The policy developed under RCW 13.40.460(6)(b) shall be implemented within the juvenile rehabilitation administration and the division of children and family services by July 1, 1998. Sec. 56. RCW 82.08.02915 and 1995 c 346 s 1 are each amended to read as follows: The tax levied by RCW 82.08.020 shall not apply to sales to health or social welfare organizations, as defined in RCW 82.04.431, of items necessary for new construction of alternative housing for youth in crisis, so long as the facility will be a licensed agency under chapter 74.15 RCW, upon completion. This section shall expire July 1, ((1997)) 1999. Sec. 57. RCW 82.12.02915 and 1995 c 346 s 2 are each amended to read as follows:
The provisions of this chapter shall not apply in respect to the use of any item acquired by a health or social welfare organization, as defined in RCW 82.04.431, of items necessary for new construction of alternative housing for youth in crisis, so long as the facility will be a licensed agency under chapter 74.15 RCW, upon completion. This section shall expire July 1, ((1997)) 1999. NEW SECTION. Sec. 58. It is the intent of section 59 of this act to protect runaway children from predatory individuals, such as drug dealers, sexual marauders, and panderers. Since it is in the interests of these individuals to keep children who have left home on the street and unlocated, this act punishes predatory individuals who provide shelter to at-risk youth as a means of preying upon them. The legislature also recognizes that preventing at-risk youth from coming into contact with these individuals is equally important to their protection. Since prevention and reconciliation can only begin once a child is located, section 59 of this act increases the incentives for individuals to report the children's whereabouts.Sec. 59. RCW 13.32A.080 and 1994 sp.s. c 7 s 507 are each amended to read as follows: (1)(a) A person commits the crime of unlawful harboring of a minor if the person provides shelter to a minor without the consent of a parent of the minor and after the person knows that the minor is away from the home of the parent, without the parent's permission, and if the person intentionally: (i) Fails to release the minor to a law enforcement officer after being requested to do so by the officer; or (ii) Fails to disclose the location of the minor to a law enforcement officer after being requested to do so by the officer, if the person knows the location of the minor and had either taken the minor to that location or had assisted the minor in reaching that location; or (iii) Obstructs a law enforcement officer from taking the minor into custody; or (iv) Assists the minor in avoiding or attempting to avoid the custody of the law enforcement officer; or (v) Engages the child in a crime; or (vi) Engages in a clear course of conduct that demonstrates an intent to contribute to the delinquency of a minor or the involvement of a minor in a sex offense as defined in RCW 9.94A.030. (b) It is a defense to a prosecution under this section that the defendant had custody of the minor pursuant to a court order. (2) Harboring a minor is punishable as a gross misdemeanor. (3) Any person who provides shelter to a child, absent from home, may notify the department's local community service office of the child's presence. (4) An adult responsible for involving a child in the commission of an offense may be prosecuted under existing criminal statutes including, but not limited to: (a) Distribution of a controlled substance to a minor, as defined in RCW 69.50.406; (b) Promoting prostitution as defined in chapter 9A.88 RCW; and (c) Complicity of the adult in the crime of a minor, under RCW 9A.08.020. NEW SECTION. Sec. 60. The legislature recognizes that Indian tribes are sovereign nations and the relationship between the state and the tribe is sovereign-to-sovereign. The federal government acknowledged the importance of including Indian tribes in child support systems established by the federal government and the states. The personal responsibility and work opportunity reconciliation act of 1996, P.L. 104-193, provides Indian tribes the option of developing their own tribal plan and tribal child support enforcement program to receive funds directly from the federal government for their own Title IV-D program similar to that of other states. The act also expressly authorizes the states and Indian tribe or tribal organization to enter into cooperative agreements to provide for the delivery of child support enforcement services. It is the purpose of this chapter to encourage the department of social and health services, division of child support, and the Indian tribes within the state's borders to enter into cooperative agreements that will assist the state and tribal governments in carrying out their respective responsibilities. The legislature recognizes that the state and the tribes each possess resources that are sometimes distinct to that government. The legislature intends that the state and the tribes work together to make the most efficient and productive use of all resources and authorities. Cooperative agreements will enable the state and the tribes to better provide child support services to Indian children and to establish and enforce child support obligations, orders, and judgments. Under cooperative agreements, the state and the tribes can work as partners to provide culturally relevant child support services, consistent with state and federal laws, that are based on tribal laws and customs. The legislature recognizes that the preferred method for handling cases where all or some of the parties are enrolled tribal members living on the tribal reservation is to develop an agreement so that appropriate cases are referred to the tribe to be processed in the tribal court. The legislature recognizes that cooperative agreements serve the best interests of the children. NEW SECTION. Sec. 61. (1) The department of social and health services may enter into an agreement with an Indian tribe or tribal organization, which is within the state's borders and recognized by the federal government, for joint or cooperative action on child support services and child support enforcement. (2) In determining the scope and terms of the agreement, the department and the tribe should consider, among other factors, whether the tribe has an established tribal court system with the authority to establish, modify, or enforce support orders, establish paternity, or enter support orders in accordance with child support guidelines established by the tribe. NEW SECTION. Sec. 62. An agreement established under this section may, but is not required to, address the following: (1) Recognizing the state's and tribe's authority to address child support matters with the development of a process designed to determine how tribal member cases may be handled; (2) The authority, procedures, and guidelines for all aspects of establishing, entering, modifying, and enforcing child support orders in the tribal court and the state court; (3) The authority, procedures, and guidelines the department and tribe will follow for the establishment of paternity; (4) The establishment and agreement of culturally relevant factors that may be considered in child support enforcement; (5) The authority, procedures, and guidelines for the garnishing of wages of tribal members or employees of a tribe, tribally owned enterprise, or an Indian-owned business located on the reservation; (6) The department's and tribe's responsibilities to each other; (7) The ability for the department and the tribe to address the fiscal responsibilities between each other; (8) Requirements for alternative dispute resolution procedures; (9) The necessary procedures for notice and the continual sharing of information; and (10) The duration of the agreement, under what circumstances the parties may terminate the agreement, and the consequences of breaching the provisions in the agreement. NEW SECTION. Sec. 63. The department of social and health services may adopt rules to implement this chapter. NEW SECTION. Sec. 64. RCW 43.06A.040 and 1996 c 131 s 5 are each repealed. NEW SECTION. Sec. 65. Sections 9 through 13 of this act constitute a new chapter in Title 74 RCW. NEW SECTION. Sec. 66. Sections 60 through 63 of this act constitute a new chapter in Title 26 RCW. NEW SECTION. Sec. 67. Sections 8 through 14 and 17 through 34 of this act apply only to incidents occurring on or after January 1, 1998. NEW SECTION. Sec. 68. Sections 8 through 13 and 21 through 34 of this act take effect January 1, 1998. NEW SECTION. Sec. 69. Sections 14 through 19 of this act take effect April 1, 1998. NEW SECTION. Sec. 70. Sections 7 and 20 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 take effect July 1, 1997. NEW SECTION. Sec. 71. Sections 56 and 57 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 take effect July 1, 1997." On page 1, line 1 of the title, after "services;" strike the remainder of the title and insert "amending RCW 41.06.076, 13.34.030, 13.34.245, 13.50.010, 13.50.100, 26.44.015, 26.44.020, 26.44.030, 26.44.035, 26.44.040, 26.44.053, 26.44.060, 70.124.040, 70.129.030, 74.13.031, 74.15.030, 74.34.050, 74.34.070, 13.34.090, 13.34.120, 43.43.700, 43.20A.050, 41.64.100, 26.44.020, 13.40.460, 82.08.02915, 82.12.02915, and 13.32A.080; reenacting and amending RCW 13.34.130, 13.04.030, 13.34.180, and 43.43.840; adding a new section to chapter 41.06 RCW; adding new sections to chapter 43.20A RCW; adding new sections to chapter 74.13 RCW; adding a new section to chapter 13.34 RCW; adding a new section to chapter 71A.10 RCW; adding a new section to chapter 26.44 RCW; adding a new section
to chapter 13.40 RCW; adding a new chapter to Title 74 RCW; adding a new chapter to Title 26 RCW; creating new sections; repealing RCW 43.06A.040; providing effective dates; providing expiration dates; and declaring an emergency." and the bill do pass as recommended by the Conference Committee.
Signed by Senators Long, Hargrove, Zarelli; Representatives Cooke, Carrell, Kastama.
MOTION
Senator Long moved that the Senate adopt the Report of the Conference Committee on Engrossed Second Substitute Senate Bill No. 5710
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Long that the Senate adopt the Report of the Conference Committee on Engrossed Second Substitute Senate Bill No. 5710.
The motion by Senator Long carried and the Senate adopted the Report of the Conference Committee on Engrossed Second Substitute Senate Bill No. 5710.
MOTION
On motion of Senator Franklin, Senators Fraser and Loveland were excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5710, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5710, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Stevens, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 44. Absent: Senator Strannigan - 1. Excused: Senators Fraser, Loveland, McCaslin and Snyder - 4. ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5710, as recommended by the Conference Committee, 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 Hale, Senator Strannigan was excused.
MESSAGE FROM THE HOUSE
April 25, 1997
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on SUBSTITUTE SENATE BILL NO. 5270 and has passed the bill as recommended by the Conference Committee, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
REPORT OF CONFERENCE COMMITTEE
SSB 5270 April 24, 1997
Includes “New Items”: YES
Relating to the State Investment Board
MR. PRESIDENT:
MR. SPEAKER:
We of your Conference Committee, to whom was referred SUBSTITUTE SENATE BILL NO. 5270, Relating to the State Investment Board, have had the same under consideration and we recommend that:
All previous amendments not be adopted and the following striking amendment be adopted:
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. A new section is added to chapter 43.33A RCW to read as follows: (1) The board is authorized to create corporations under Title 23B RCW, limited liability companies under chapter 25.15 RCW, and limited partnerships under chapter 25.10 RCW, of which it may or may not be the general partner, for the purposes of transferring, acquiring, holding, overseeing, operating, or disposing of real estate or other investment assets that are not publicly traded on a daily basis or on an organized exchange. The liability of each entity created by the board is limited to the assets or properties of that entity. No creditor or other person has any right of action against the board, its members or employees, or the state of Washington on account of any debts, obligations, or liabilities of the entity. Entities created under this section may be authorized by the board to make any investment that the board may make, including but not limited to the acquisition of: Equity interests in operating companies, the indebtedness of operating companies, and real estate. (2) Directors, officers, and other principals of entities created under this section must be board members, board staff, or principals or employees of an advisor or manager engaged by contract by the board or the entity to manage real estate or other investment assets of the entity. Directors of entities created under this section must be appointed by the board. Officers and other principals of entities created under this section are appointed by the directors. (3) A public corporation, limited liability company, or limited partnership created under this section has the same immunity or exemption from taxation as that of the state. The entity shall pay an amount equal to the amounts that would be paid for taxes otherwise levied upon real property and personal property to the public official charged with the collection of such real property and personal property taxes as if the property were in private ownership. The proceeds of such payments must be allocated as though the property were in private ownership. NEW SECTION. Sec. 2. A new section is added to chapter 43.33A RCW to read as follows: Rent and other income from real estate or other investment assets that are not publicly traded on a daily basis or on an organized exchange that are acquired and being held for investment by the board or by an entity created under section 1 of this act by the board, and being managed by an external advisor or other property manager under contract, shall not be deemed income or state funds for the purposes of chapter 39.58 RCW and this title, until distributions are made to the board of such income from the advisor or manager. Bank and other accounts established by the advisor or property manager for the purpose of the management of such investment assets shall not be deemed accounts established by the state for the purpose of chapter 39.58 RCW and this title." On page 1, line 1 of the title, after "board;" strike the remainder of the title and insert "and adding new sections to chapter 43.33A RCW." and the bill do pass as recommenced by the Conference Committee.
Signed by Senators Hale, Prentice, Winsley; Representatives L. Thomas, Smith, Wolfe.
MOTION
Senator Winsley moved that the Senate adopt the Report of the Conference Committee on Substitute Senate Bill No. 5270.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Winsley that the Senate adopt the Report of the Conference Committee on Substitute Senate Bill No. 5270.
The motion by Senator Winsley carried and the Senate adopted the Report of the Conference Committee on Substitute Senate Bill No. 5270.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5270, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5270, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Stevens, Swanson, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 43. Absent: Senator Wojahn - 1. Excused: Senators Fraser, Loveland, McCaslin, Snyder and Strannigan - 5. SUBSTITUTE SENATE BILL NO. 5270 as recommended by the Conference Committee, 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.
MESSAGE FROM THE HOUSE
April 17, 1997
MR. PRESIDENT:
The House has passed ENGROSSED SENATE BILL NO. 5255 with the following amendment(s),:
On page 2, line 30, strike "may petition," On page 2, line 30, after "friend," insert "or the attending physician, may petition"On page 3, line 1, after "(1)" insert "Either an unemancipated pregnant minor on her own behalf or by next friend, or the minor's attending physician, may petition the superior court under this section." On page 3, line 30, strike "any minor or" and insert "the petitioner or a", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Swecker, the Senate refuses to concur in the House amendments to Engrossed Senate Bill No. 5255 and asks the House to recede therefrom.
REPORT OF CONFERENCE COMMITTEE
SHB 1418 April 25, 1997
Includes “New Items”: YES
Relating to eliminating the pooling of the resource management cost account and removing reference to agricultural college lands
MR. PRESIDENT:
MR. SPEAKER:
We of your Conference Committee, to whom was referred SUBSTITUTE HOUSE BILL NO. 1418, Resource management cost account, have had the same under consideration and we recommend that:
All previous amendments not be adopted and the following striking amendment be adopted:
Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 79.64.020 and 1993 c 460 s 1 are each amended to read as follows: A resource management cost account in the state treasury is hereby created to be used solely for the purpose of defraying the costs and expenses necessarily incurred by the department in managing and administering public lands and the making and administering of leases, sales, contracts, licenses, permits, easements, and rights of way on or with respect to such lands as authorized under the provisions of this title. Appropriations from the account to the department shall be expended for no other purposes. The resource management cost account may receive and accept funds that are to be used for such purposes from any source. Funds in the account produced by a trust may be appropriated or transferred by the legislature only for the benefit of ((all of)) the ((trusts from which the funds were derived)) trust. Sec. 2. RCW 79.64.030 and 1993 c 460 s 2 are each amended to read as follows: Funds in the account derived from the gross proceeds of leases, sales, contracts, licenses, permits, easements, and rights of way issued by the department and affecting school lands, university lands, ((agricultural college lands,)) scientific school lands, normal school lands, capitol building lands, or institutional lands shall be ((pooled and)) expended by the department solely for the purpose of defraying the costs and expenses necessarily incurred in managing and administering ((all of the trust lands enumerated in this section)) state lands of the same trust. Such funds may be used for similar costs and expenses in managing and administering other lands managed by the department provided that such expenditures that have been or may be made on such other lands shall be repaid to the resource management cost account together with interest at a rate determined by the board of natural resources. Costs and expenses necessarily incurred in managing and administering agricultural college lands shall not be deducted from proceeds derived from the sale of agricultural college lands including the sale of resources that are part of those lands. The department shall use funds provided under section 3 of this act for the management and administration of agricultural college lands. An accounting shall be made annually of the accrued expenditures from the ((pooled)) trust funds in the account. In the event the accounting determines that expenditures have been made from moneys derived from trust lands for the benefit of another trust or other lands, such expenditure shall be considered a debt and an encumbrance against the property or trust funds benefitted, including property held under chapter 76.12 RCW. The results of the accounting shall be reported to the legislature at the next regular session. The state treasurer is authorized, upon request of the department, to transfer funds between the forest development account and the resource management cost account solely for purpose of repaying loans pursuant to this section. NEW SECTION. Sec. 3. A new section is added to chapter 79.64 RCW to read as follows: (1) No part of the gross proceeds from leases, sales, contracts, licenses, permits, easements, and rights of way on or relating to the agricultural college lands may be used to defray costs or expenses incurred in managing and administering the lands, and all such gross proceeds shall be made available to the beneficiary of the agricultural college lands. (2) The board shall determine the amount necessary in order to achieve the purposes of this chapter for the agricultural college lands. The department shall bill the state of Washington for this amount. The billing authorized under this section shall in no event exceed twenty-two percent of the gross proceeds received by the beneficiary under subsection (1) of this section. (3) The state of Washington shall pay the department for administering and managing the agricultural college lands. The state may choose the fund source to use to pay this cost, provided that the funds represent moneys from the treasury of the state. The state may not pay this cost using proceeds received by the beneficiary under subsection (1) of this section. (4) The department shall deposit the moneys received from the state for the management and administration of the agricultural college lands into the account. Sec. 4. RCW 79.64.040 and 1981 2nd ex.s. c 4 s 3 are each amended to read as follows: Except as provided in section 3 of this act, the board shall determine the amount deemed necessary in order to achieve the purposes of this chapter and shall provide by rule for the deduction of this amount from the gross proceeds of all leases, sales, contracts, licenses, permits, easements, and rights of way issued by the department and affecting public lands. Moneys received as deposits from successful bidders, advance payments, and security under RCW 79.01.132 and 79.01.204 prior to December 1, 1981, which have not been subjected to deduction under this section are not subject to deduction under this section. The deductions authorized under this section shall in no event exceed twenty-five percent of the total sum received by the department in connection with any one transaction pertaining to public lands other than second class tide and shore lands and the beds of navigable waters, and fifty percent of the total gross proceeds received by the department pertaining to second class tide and shore lands and the beds of navigable waters. Sec. 5. RCW 79.01.136 and 1979 ex.s. c 109 s 5 are each amended to read as follows: Before any state lands are offered for sale, or lease, or are assigned, the department of natural resources may establish the fair market value of those authorized improvements not owned by the state. In the event that agreement cannot be reached between the state and the lessee on the fair market value, such valuation shall be submitted to a review board of appraisers. The board shall be as follows: One member to be selected by the lessee and his or her expense shall be borne by the lessee; one member selected by the state and his or her expense shall be borne by the state; these members so selected shall mutually select a third member and his or her expenses shall be shared equally by the lessee and the state. The majority decision of this appraisal review board shall be binding on both parties. For this purpose "fair market value" is defined as: The highest price in terms of money which a property will bring in a competitive and open market under all conditions of a fair sale, the buyer and seller, each prudently knowledgeable and assuming the price is not affected by undue stimulus. All damages and wastes committed upon such lands and other obligations due from the lessee shall be deducted from the appraised value of the improvements((: PROVIDED, That)). However, the department of natural resources on behalf of the respective trust may purchase at fair market value those improvements if it appears to be in the best interest of the state ((from the RMCA of the general fund)). Payment for the improvements may be made with funds held on behalf of the trust in the resource management cost account established under RCW 79.64.020. NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997." On page 1, line 3 of the title, after "lands;" strike the remainder of the title and insert "amending RCW 79.64.020, 79.64.030, 79.64.040, and 79.01.136; adding a new section to chapter 79.64 RCW; providing an effective date; and declaring an emergency.", and the bill do pass as recommenced by the Conference Committee.
Signed by Senators Prince, Morton; Representatives Buck, Regala, Schoesler.
MOTION
On motion of Senator Oke, the Senate adopted the Report of the Conference Committee on Substitute House Bill No. 1418.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1418, as recommended by the Conference Committee.
Debate ensued.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1418, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 32; Nays, 8; Absent, 4; Excused, 5.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Goings, Hale, Haugen, Hochstatter, Horn, Johnson, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Stevens, Swecker, Winsley, Wood and Zarelli - 32. Voting nay: Senators Heavey, Jacobsen, Kline, Kohl, Prentice, Swanson, Thibaudeau and Wojahn - 8. Absent: Senators Fairley, Hargrove, Long and West - 4. Excused: Senators Fraser, Loveland, McCaslin, Snyder and Strannigan - 5. SUBSTITUTE HOUSE BILL NO. 1418, as recommended by the Conference Committee, 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.
MESSAGES FROM THE HOUSE
April 25, 1997
MR. PRESIDENT:
The Speaker has signed:
SUBSTITUTE HOUSE BILL NO. 1022,
SUBSTITUTE HOUSE BILL NO. 1478,
SUBSTITUTE HOUSE BILL NO. 1485,
ENGROSSED HOUSE BILL NO. 1647,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1687,
HOUSE BILL NO. 1708,
SUBSTITUTE HOUSE BILL NO. 1729,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2193, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 26, 1997
MR. PRESIDENT:
The Speaker has signed HOUSE BILL NO. 1924, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE HOUSE BILL NO. 1022,
SUBSTITUTE HOUSE BILL NO. 1478,
SUBSTITUTE HOUSE BILL NO. 1485,
ENGROSSED HOUSE BILL NO. 1647,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1687,
HOUSE BILL NO. 1708,
SUBSTITUTE HOUSE BILL NO. 1729,
HOUSE BILL NO. 1924,
, ENGROSSED SUBSTITUTE HOUSE BILL NO. 2193.
REPORT OF CONFERENCE COMMITTEE
SHB 1565 April 26, 1997
Includes “New Items”: YES
Relating to small scale prospecting and mining
MR. PRESIDENT:
MR. SPEAKER:
We of your Conference Committee, to whom was referred SUBSTITUTE HOUSE BILL NO. 1565, Small scale mining/prospecting, have had the same under consideration and we recommend that:
All previous amendments not be adopted and the following striking amendment be adopted:
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. The legislature finds that small scale prospecting and mining: (1) Is an important part of the heritage of the state; (2) provides economic benefits to the state; and (3) can be conducted in a manner that is beneficial to fish habitat and fish propagation. Now, therefore, the legislature declares that small scale prospecting and mining shall be regulated in the least burdensome manner that is consistent with the state's fish management objectives and the federal endangered species act. NEW SECTION. Sec. 2. A new section is added to chapter 75.20 RCW to read as follows:(1) Small scale prospecting and mining shall not require written approval under this chapter if the prospecting is conducted in accordance with provisions established by the department. (2) By December 31, 1998, the department shall adopt rules applicable to small scale prospecting and mining activities subject to this section. The department shall develop the rules in cooperation with the recreational mining community and other interested parties. (3) Within two months of adoption of the rules, the department shall distribute an updated gold and fish pamphlet that describes methods of mineral prospecting that are consistent with the department's rule. The pamphlet shall be written to clearly indicate the prospecting methods that require written approval under this chapter and the prospecting methods that require compliance with the pamphlet. To the extent possible, the department shall use the provisions of the gold and fish pamphlet to minimize the number of specific provisions of a written approval issued under this chapter. (4) For the purposes of this chapter, "small scale prospecting and mining" means only the use of the following methods: Pans, nonmotorized sluice boxes, concentrators, and minirocker boxes for the discovery and recovery of minerals." On page 1, line 1 of the title, after "mining;" strike the remainder of the title and insert "adding a new section to chapter 75.20 RCW; and creating a new section.", and the bill do pass as recommenced by the Conference Committee.
Signed by Senators Benton, Jacobsen; Representatives Pennington, Regala, Mielke.
MOTION
Senator Oke moved that the Senate adopt the Report of the Conference Committee on Substitute House Bill No. 1565.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Oke that the Senate adopt the Report of the Conference Committee on Substitute House Bill No. 1565.
The motion by Senator Oke carried and the Senate adopted the Report of the Conference Committee on Substitute House Bill No. 1565.
. The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1565, as recommended by the Conference Committee.
Debate ensued.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1565, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 1; Absent, 1; Excused, 5.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Stevens, Swanson, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 42. Voting nay: Senator Wojahn - 1. Absent: Senator Fairley - 1. Excused: Senators Fraser, Loveland, McCaslin, Snyder and Strannigan - 5. SUBSTITUTE HOUSE BILL NO. 1565, as recommended by the Conference Committee, 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 Hale, Senator West was excused.
MESSAGE FROM THE HOUSE
April 26, 1997
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on SUBSTITUTE SENATE BILL NO. 5157 and has passed the bill as recommended by the Conference Committee, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
REPORT OF CONFERENCE COMMITTEE
SSB 5157 April 25, 1997
Includes “New Items”: YES
Providing tax exemptions for items obtained to replace weather-damaged items
MR. PRESIDENT:
MR. SPEAKER:
We of your Conference Committee, to whom was referred SUBSTITUTE SENATE BILL NO. 5157, Providing tax exemptions for items obtained to replace weather-damaged items, have had the same under consideration and we recommend that the House Finance Committee amendment not be adopted and that the following striking amendment be adopted:
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. A new section is added to chapter 82.08 RCW to read as follows:(1) The tax levied by RCW 82.08.020 shall not apply to sales of the following:(a) Labor and services rendered in respect to repairing buildings damaged by a disaster or constructing new buildings to replace buildings destroyed by a disaster, if the buildings are located in a county or Indian nation declared as a federal disaster area eligible for individual assistance during the period November 1, 1995, through June 30, 1997;(b) Tangible personal property that becomes an ingredient or component of such buildings during the course of repair or construction;(c) Private automobiles, when replacing a private automobile that was damaged by a disaster occurring during the period November 1, 1995, through June 30, 1997, and the damaged automobile was registered and licensed under the laws of this state at the time of the disaster.(2) A person is eligible for exemption under this section if he or she has received a disaster assistance approval letter from the:(a) Federal emergency management agency for a housing assistance grant to repair a damaged home;(b) Small business administration for a loan to repair damages to a residential or commercial building; or(c) Farm service agency for a loan to repair damages to farm property.(3) A person who receives an individual or family assistance grant from the federal emergency management agency may not claim the exemption granted under this section.(4) A person who is denied an individual or family assistance grant may claim exemption under this section by obtaining a special disaster assistance certificate. To obtain a special disaster assistance certificate, the person shall present the denial letter to the department by mail or in person. The department shall issue a special disaster assistance certificate to the person if the denial letter indicates that:(a) Damage to real property or a private automobile occurred; (b) Damage was due to a disaster; (c) Loss is not covered by insurance or otherwise compensated by the receipt, or expected receipt, of other forms of disaster assistance from the American red cross, federal emergency management disaster housing program, small business administration, or farm service agency; and (d) Denial is not due to:(i) Failure to prove ownership of the real property; (ii) Finding that a private automobile was unusable, unregistered, or uninsured as required by state law at the time it was damaged; or(iii) Determination that the person, or another member of his or her household, has previously applied for an individual or family assistance grant for the same damage or loss.(5) At the time of sale, a person claiming this exemption shall:(a) Provide the seller with proof of eligibility by presenting either a disaster assistance approval letter or a special disaster assistance certificate;(b) Display to the seller a valid Washington state driver's license or other valid identification card that has a photograph of the holder; and(c) Complete an exemption certificate in a form and manner prescribed by the department. The exemption certificate must contain the buyer's name, address, telephone number, and Washington state driver's license number or identification number. The certificate should also list the items purchased, price of the items, and the date of the purchase.(6) The seller shall retain the exemption certificate and a copy of either the disaster assistance approval letter or the special disaster assistance certificate for a period of five years.(7) This section expires July 1, 1998.NEW SECTION. Sec. 2. A new section is added to chapter 82.12 RCW to read as follows:(1) The provisions of this chapter do not apply with respect to the use, by a person meeting the eligibility criteria of subsection (2) of this section, of the following:(a) Tangible personal property that becomes an ingredient or component of buildings during the course of repairing buildings to replace buildings destroyed by a disaster, if the buildings are located in a county or Indian nation declared as a federal disaster area eligible for individual assistance during the period November 1, 1995, through June 30, 1997;(b) A private automobile, if the automobile replaces a private automobile that was damaged by a disaster occurring during the period November 1, 1995, through June 30, 1997, and the automobile was registered and licensed under the laws of this state at the time of the disaster.(2) A person is eligible to claim an exemption under this section if:(a) He or she has been approved to receive one or more of the following forms of disaster assistance:(i) A housing assistance grant from the federal emergency management agency to repair a damaged home;(ii) A loan from the small business administration to repair damages to a residential or commercial building; or(iii) A loan from the farm service agency to repair damages to farm property; or(b) The person has obtained a special disaster assistance certificate from the department under the provisions of section 1(4) of this act.(3) This section expires July 1, 1998.NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997."On page 1, line 2 of the title, after "area;" strike the remainder of the title and insert "adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; providing an effective date; providing expiration dates; and declaring an emergency.",and the bill do pass as recommenced by the Conference Committee.
Signed by Senators West, Kohl, Zarelli; Representatives Pennington, Boldt, Dunshee.
MOTION
Senator Zarelli moved that the Senate adopt the Report of the Conference Committee on Substitute Senate Bill No. 5157.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Zarelli that the Senate adopt the Report of the Conference Committee on Substitute Senate Bill No. 5157.
The motion by Senator Zarelli carried and the Senate adopted the Report of the Conference Committee on Substitute Senate Bill No. 5157.
. The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5157, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5157, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 2; Excused, 6.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Stevens, Swanson, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 41. Absent: Senators Fairley and Hargrove - 2. Excused: Senators Fraser, Loveland, McCaslin, Snyder, Strannigan and West - 6. SUBSTITUTE SENATE BILL NO. 5157, as recommended by the Conference Committee, 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 REPORT OF CONFERENCE COMMITTEE
E2SHB 1850 April 26, 1997
Includes “New Items”: YES
Adopting the long-term care reorganization and standards of care reform act
MR. PRESIDENT:
MR. SPEAKER:
We of your Second Conference Committee, to whom was referred ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1850, Long-Term care services, have had the same under consideration and we recommend that:
All previous amendments not be adopted and the following striking amendment be adopted:
Strike everything after the enacting clause and insert the following:"PART I NEW SECTION. Sec. 101. This act shall be known and may be cited as the Clara act. NEW SECTION. Sec. 102. FINDINGS AND INTENT. The legislature finds and declares that the state's current fragmented categorical system for administering services to persons with disabilities and the elderly is not client and family-centered and has created significant organizational barriers to providing high quality, safe, and effective care and support. The present fragmented system results in uncoordinated enforcement of regulations designed to protect the health and safety of disabled persons, lacks accountability due to the absence of management information systems' client tracking data, and perpetuates difficulty in matching client needs and services to multiple categorical funding sources. The legislature further finds that Washington's chronically functionally disabled population of all ages is growing at a rapid pace due to a population of the very old and increased incidence of disability due in large measure to technological improvements in acute care causing people to live longer. Further, to meet the significant and growing long-term care needs into the near future, rapid, fundamental changes must take place in the way we finance, organize, and provide long-term care services to the chronically functionally disabled. The legislature further finds that the public demands that long-term care services be safe, client and family-centered, and designed to encourage individual dignity, autonomy, and development of the fullest human potential at home or in other residential settings, whenever practicable. NEW SECTION. Sec. 103. A new section is added to chapter 74.39A RCW to read as follows: DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Adult family home" means a home licensed under chapter 70.128 RCW. (2) "Adult residential care" means services provided by a boarding home that is licensed under chapter 18.20 RCW and that has a contract with the department under RCW 74.39A.020. (3) "Assisted living services" means services provided by a boarding home that has a contract with the department under RCW 74.39A.010 and the resident is housed in a private apartment-like unit. (4) "Boarding home" means a facility licensed under chapter 18.20 RCW. (5) "Cost-effective care" means care provided in a setting of an individual's choice that is necessary to promote the most appropriate level of physical, mental, and psychosocial well-being consistent with client choice, in an environment that is appropriate to the care and safety needs of the individual, and such care cannot be provided at a lower cost in any other setting. But this in no way precludes an individual from choosing a different residential setting to achieve his or her desired quality of life. (6) "Department" means the department of social and health services. (7) "Enhanced adult residential care" means services provided by a boarding home that is licensed under chapter 18.20 RCW and that has a contract with the department under RCW 74.39A.010. (8) "Functionally disabled person" is synonymous with chronic functionally disabled and means a person who because of a recognized chronic physical or mental condition or disease, including chemical dependency, is impaired to the extent of being dependent upon others for direct care, support, supervision, or monitoring to perform activities of daily living. "Activities of daily living", in this context, means self-care abilities related to personal care such as bathing, eating, using the toilet, dressing, and transfer. Instrumental activities of daily living may also be used to assess a person's functional abilities as they are related to the mental capacity to perform activities in the home and the community such as cooking, shopping, house cleaning, doing laundry, working, and managing personal finances. (9) "Home and community services" means adult family homes, in-home services, and other services administered or provided by contract by the department directly or through contract with area agencies on aging or similar services provided by facilities and agencies licensed by the department. (10) "Long-term care" is synonymous with chronic care and means care and supports delivered indefinitely, intermittently, or over a sustained time to persons of any age disabled by chronic mental or physical illness, disease, chemical dependency, or a medical condition that is permanent, not reversible or curable, or is long-lasting and severely limits their mental or physical capacity for self-care. The use of this definition is not intended to expand the scope of services, care, or assistance by any individuals, groups, residential care settings, or professions unless otherwise expressed by law. (11) "Nursing home" means a facility licensed under chapter 18.51 RCW. (12) "Secretary" means the secretary of social and health services. (13) "Tribally licensed boarding home" means a boarding home licensed by a federally recognized Indian tribe which home provides services similar to boarding homes licensed under chapter 18.20 RCW. NEW SECTION. Sec. 104. JOINT LEGISLATIVE COMMITTEE ON LONG-TERM CARE OVERSIGHT. (1) There is created a joint legislative committee on long-term care oversight. The committee shall consist of: (a) Four members of the senate appointed by the president of the senate, two of whom shall be members of the majority party and two of whom shall be members of the minority party; and (b) four members of the house of representatives, two of whom shall be members of the majority party and two of whom shall be members of the minority party. (2) The committee shall elect a chair and vice-chair. The chair shall be a member of the senate in even-numbered years and a member of the house of representatives in odd-numbered years. The vice-chair shall be a member of the senate in odd-numbered years and a member of the house of representatives in even-numbered years. (3) The committee shall: (a) Review the need for reorganization and reform of long-term care administration and service delivery; (b) Review all quality standards developed, revised, and enforced by the department; (c) In cooperation with the department of social and health services, develop suggestions to simplify, reduce, or eliminate unnecessary rules, procedures, and burdensome paperwork that prove to be barriers to providing effective coordination or high quality direct services; (d) Suggest methods of cost-efficiencies that can be used to reallocate funds to unmet needs in direct services; (e) List all nonmeans tested programs and activities funded by the federal older Americans act and state funded senior citizens act or other such state funded programs and recommend how to integrate such services into existing long-term care programs for the functionally disabled; (f) Suggest methods to establish a single point of entry for service eligibility and delivery for functionally disabled persons; (g) Evaluate the need for long-term care training and review all long-term care training and education programs conducted by the department and suggest modifications to improve the training system; (h) Describe current facilities and services that provide long-term care to all types of chronically disabled individuals in the state including Revised Code of Washington requirements, Washington Administrative Code rules, allowable occupancy, typical clientele, discharge practices, agency oversight, rates, eligibility requirements, entry process, social and health services and other services provided, staffing standards, and physical plant standards; (i) Determine the extent to which the current long-term care system meets the health and safety needs of the state's long-term care population and is appropriate for the specific and identified needs of the residents in all settings; (j) Assess the adequacy of the discharge and referral process in protecting the health and safety of long-term care clients; (k) Determine the extent to which training and supervision of direct care staff are adequate to ensure safety and appropriate care; (l) Identify opportunities for consolidation between categories of care; and (m) Determine if payment rates are adequate to cover the varying costs of clients with different levels of need.PART IIQUALITY STANDARDS AND COMPLAINT ENFORCEMENTNEW SECTION. Sec. 201. A new section is added to chapter 70.124 RCW to read as follows: (1) An employee who is a whistleblower and who as a result of being a whistleblower has been subjected to workplace reprisal or retaliatory action, has the remedies provided under chapter 49.60 RCW. RCW 4.24.500 through 4.24.520, providing certain protection to persons who communicate to government agencies, apply to complaints made under this section. The identity of a whistleblower who complains, in good faith, to the department about suspected abuse, neglect, financial exploitation, or abandonment by any person in a nursing home, state hospital, or adult family home may remain confidential if requested. The identity of the whistleblower shall subsequently remain confidential unless the department determines that the complaint was not made in good faith. (2)(a) An attempt to discharge a resident from a nursing home, state hospital, adult family home, or any type of discriminatory treatment of a resident by whom, or upon whose behalf, a complaint substantiated by the department has been submitted to the department or any proceeding instituted under or related to this chapter within one year of the filing of the complaint or the institution of the action, raises a rebuttable presumption that the action was in retaliation for the filing of the complaint. (b) The presumption is rebutted by credible evidence establishing the alleged retaliatory action was initiated prior to the complaint. (c) The presumption is rebutted by a functional assessment conducted by the department that shows that the resident's needs cannot be met by the reasonable accommodations of the facility due to the increased needs of the resident. (3) For the purposes of this section: (a) "Whistleblower" means a resident or employee of a nursing home, state hospital, or adult family home, or any person licensed under Title 18 RCW, who in good faith reports alleged abuse, neglect, exploitation, or abandonment to the department or to a law enforcement agency; (b) "Workplace reprisal or retaliatory action" means, but is not limited to: Denial of adequate staff to perform duties; frequent staff changes; frequent and undesirable office changes; refusal to assign meaningful work; unwarranted and unsubstantiated report of misconduct under Title 18 RCW; letters of reprimand or unsatisfactory performance evaluations; demotion; denial of employment; or a supervisor or superior encouraging coworkers to behave in a hostile manner toward the whistleblower; and (c) "Reasonable accommodation" by a facility to the needs of a prospective or current resident has the meaning given to this term under the federal Americans with disabilities act of 1990, 42 U.S.C. Sec. 12101 et seq. and other applicable federal or state antidiscrimination laws and regulations. (4) This section does not prohibit a nursing home, state hospital, or adult family home from exercising its authority to terminate, suspend, or discipline an employee who engages in workplace reprisal or retaliatory action against a whistleblower. The protections provided to whistleblowers under this chapter shall not prevent a nursing home, state hospital, or adult family home from: (a) Terminating, suspending, or disciplining a whistleblower for other lawful purposes; or (b) for facilities with six or fewer residents, reducing the hours of employment or terminating employment as a result of the demonstrated inability to meet payroll requirements. The department shall determine if the facility cannot meet payroll in cases where a whistleblower has been terminated or had hours of employment reduced due to the inability of a facility to meet payroll. (5) The department shall adopt rules to implement procedures for filing, investigation, and resolution of whistleblower complaints that are integrated with complaint procedures under this chapter. (6) No frail elder or vulnerable person who relies upon and is being provided spiritual treatment in lieu of medical treatment in accordance with the tenets and practices of a well-recognized religious denomination shall for that reason alone be considered abandoned, abused, or neglected, nor shall anything in this chapter be construed to authorize, permit, or require medical treatment contrary to the stated or clearly implied objection of such a person. (7) The department shall adopt rules designed to discourage whistleblower complaints made in bad faith or for retaliatory purposes. NEW SECTION. Sec. 202. A new section is added to chapter 74.34 RCW to read as follows: (1) An employee or contractor who is a whistleblower and who as a result of being a whistleblower has been subjected to workplace reprisal or retaliatory action, has the remedies provided under chapter 49.60 RCW. RCW 4.24.500 through 4.24.520, providing certain protection to persons who communicate to government agencies, apply to complaints made under this section. The identity of a whistleblower who complains, in good faith, to the department about suspected abuse, neglect, exploitation, or abandonment by any person in a boarding home licensed or required to be licensed pursuant to chapter 18.20 RCW or a veterans' home pursuant to chapter 72.36 RCW or care provided in a boarding home or a veterans' home by any person associated with a hospice, home care, or home health agency licensed under chapter 70.127 RCW or other in-home provider may remain confidential if requested. The identity of the whistleblower shall subsequently remain confidential unless the department determines that the complaint was not made in good faith. (2)(a) An attempt to expel a resident from a boarding home or veterans' home, or any type of discriminatory treatment of a resident who is a consumer of hospice, home health, home care services, or other in-home services by whom, or upon whose behalf, a complaint substantiated by the department or the department of health has been submitted to the department or any proceeding instituted under or related to this chapter within one year of the filing of the complaint or the institution of the action, raises a rebuttable presumption that the action was in retaliation for the filing of the complaint. (b) The presumption is rebutted by credible evidence establishing the alleged retaliatory action was initiated prior to the complaint. (c) The presumption is rebutted by a functional assessment conducted by the department that shows that the resident or consumer's needs cannot be met by the reasonable accommodations of the facility due to the increased needs of the resident. (3) For the purposes of this section: (a) "Whistleblower" means a resident or a person with a mandatory duty to report under this chapter, or any person licensed under Title 18 RCW, who in good faith reports alleged abuse, neglect, exploitation, or abandonment to the department, or the department of health, or to a law enforcement agency; (b) "Workplace reprisal or retaliatory action" means, but is not limited to: Denial of adequate staff to perform duties; frequent staff changes; frequent and undesirable office changes; refusal to assign meaningful work; unwarranted and unsubstantiated report of misconduct under Title 18 RCW; letters of reprimand or unsatisfactory performance evaluations; demotion; denial of employment; or a supervisor or superior encouraging coworkers to behave in a hostile manner toward the whistleblower. The protections provided to whistleblowers under this chapter shall not prevent a nursing home, state hospital, boarding home, or adult family home from: (i) Terminating, suspending, or disciplining a whistleblower for other lawful purposes; or (ii) for facilities licensed under chapter 70.128 RCW, reducing the hours of employment or terminating employment as a result of the demonstrated inability to meet payroll requirements. The department shall determine if the facility cannot meet payroll in cases in which a whistleblower has been terminated or had hours of employment reduced because of the inability of a facility to meet payroll; and (c) "Reasonable accommodation" by a facility to the needs of a prospective or current resident has the meaning given to this term under the federal Americans with disabilities act of 1990, 42 U.S.C. Sec. 12101 et seq. and other applicable federal or state antidiscrimination laws and regulations. (4) This section does not prohibit a boarding home or veterans' home from exercising its authority to terminate, suspend, or discipline any employee who engages in workplace reprisal or retaliatory action against a whistleblower. (5) The department shall adopt rules to implement procedures for filing, investigation, and resolution of whistleblower complaints that are integrated with complaint procedures under this chapter. (6) No frail elder or vulnerable person who relies upon and is being provided spiritual treatment in lieu of medical treatment in accordance with the tenets and practices of a well-recognized religious denomination shall for that reason alone be considered abandoned, abused, or neglected, nor shall anything in this chapter be construed to authorize, permit, or require medical treatment contrary to the stated or clearly implied objection of such a person. (7) The department, and the department of health for facilities, agencies, or individuals it regulates, shall adopt rules designed to discourage whistleblower complaints made in bad faith or for retaliatory purposes. Sec. 203. RCW 70.129.010 and 1994 c 214 s 2 are each amended to read as follows: Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Department" means the department of state government responsible for licensing the provider in question. (2) "Facility" means a long-term care facility. (3) "Long-term care facility" means a facility that is licensed or required to be licensed under chapter 18.20, 72.36, or 70.128 RCW. (4) "Resident" means the individual receiving services in a long-term care facility, that resident's attorney in fact, guardian, or other legal representative acting within the scope of their authority. (5) "Physical restraint" means a manual method, obstacle, or physical or mechanical device, material, or equipment attached or adjacent to the resident's body that restricts freedom of movement or access to his or her body(([,])), is used for discipline or convenience(([,])), and not required to treat the resident's medical symptoms. (6) "Chemical restraint" means a psychopharmacologic drug that is used for discipline or convenience and not required to treat the resident's medical symptoms. (7) "Representative" means a person appointed under RCW 7.70.065. (8) "Reasonable accommodation" by a facility to the needs of a prospective or current resident has the meaning given to this term under the federal Americans with disabilities act of 1990, 42 U.S.C. Sec. 12101 et seq. and other applicable federal or state antidiscrimination laws and regulations. Sec. 204. RCW 70.129.030 and 1994 c 214 s 4 are each amended to read as follows: (1) The facility must inform the resident both orally and in writing in a language that the resident understands of his or her rights and all rules and regulations governing resident conduct and responsibilities during the stay in the facility. The notification must be made prior to or upon admission. Receipt of the information must be acknowledged in writing. (2) The resident or his or her legal representative has the right: (a) Upon an oral or written request, to access all records pertaining to himself or herself including clinical records within twenty-four hours; and (b) After receipt of his or her records for inspection, to purchase at a cost not to exceed the community standard photocopies of the records or portions of them upon request and two working days' advance notice to the facility. (3) The facility shall only admit or retain individuals whose needs it can safely and appropriately serve in the facility with appropriate available staff or through the provision of reasonable accommodations as required by state or federal law. Except in cases of emergency, facilities shall not admit an individual before obtaining a comprehensive assessment of the resident's needs and preferences, unless unavailable despite the best efforts of the facility and other interested parties. The assessment shall contain, within existing department funds, the following information: Recent medical history; necessary and prohibited medications; a medical professional's diagnosis; significant known behaviors or symptoms that may cause concern or require special care; mental illness except where protected by confidentiality laws; level of personal care needs; activities and service preferences; and preferences regarding issues important to the potential resident, such as food and daily routine. The facility must inform each resident in writing in a language the resident or his or her representative understands before((, or at the time of)) admission, and at least once every twenty-four months thereafter, of: (a) Services, items, and activities customarily available in the facility or arranged for by the facility; (b) charges for those services, items, and activities including charges for services, items, and activities not covered by the facility's per diem rate or applicable public benefit programs; and (c) the rules of facility operations required under RCW 70.129.140(2). Each resident and his or her representative must be informed in writing in advance of changes in the availability or the charges for services, items, or activities, or of changes in the facility's rules. Except in unusual circumstances, thirty days' advance notice must be given prior to the change. However, for facilities licensed for six or fewer residents, if there has been a substantial and continuing change in the resident's condition necessitating substantially greater or lesser services, items, or activities, then the charges for those services, items, or activities may be changed upon fourteen days advance written notice. (4) The facility must furnish a written description of residents rights that includes: (a) A description of the manner of protecting personal funds, under RCW 70.129.040; (b) A posting of names, addresses, and telephone numbers of the state survey and certification agency, the state licensure office, the state ombudsmen program, and the protection and advocacy systems; and (c) A statement that the resident may file a complaint with the appropriate state licensing agency concerning resident abuse, neglect, and misappropriation of resident property in the facility. (5) Notification of changes. (a) A facility must immediately consult with the resident's physician, and if known, make reasonable efforts to notify the resident's legal representative or an interested family member when there is: (i) An accident involving the resident which requires or has the potential for requiring physician intervention; (ii) A significant change in the resident's physical, mental, or psychosocial status (i.e., a deterioration in health, mental, or psychosocial status in either life-threatening conditions or clinical complications). (b) The facility must promptly notify the resident or the resident's representative shall make reasonable efforts to notify an interested family member, if known, when there is: (i) A change in room or roommate assignment; or (ii) A decision to transfer or discharge the resident from the facility. (c) The facility must record and update the address and phone number of the resident's representative or interested family member, upon receipt of notice from them. (6) This section applies to long-term care facilities covered under this chapter. Sec. 205. RCW 70.129.110 and 1994 c 214 s 12 are each amended to read as follows: (1) The facility must permit each resident to remain in the facility, and not transfer or discharge the resident from the facility unless: (a) The transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the facility; (b) The safety of individuals in the facility is endangered; (c) The health of individuals in the facility would otherwise be endangered; (d) The resident has failed to make the required payment for his or her stay; or (e) The facility ceases to operate. (2) All long-term care facilities shall fully disclose to potential residents or their legal representative the service capabilities of the facility prior to admission to the facility. If the care needs of the applicant who is medicaid eligible are in excess of the facility's service capabilities, the department shall identify other care settings or residential care options consistent with federal law. (3) Before a long-term care facility transfers or discharges a resident, the facility must: (a) First attempt through reasonable accommodations to avoid the transfer or discharge, unless agreed to by the resident; (b) Notify the resident and representative and make a reasonable effort to notify, if known, an interested family member of the transfer or discharge and the reasons for the move in writing and in a language and manner they understand; (((b))) (c) Record the reasons in the resident's record; and (((c))) (d) Include in the notice the items described in subsection (((4))) (5) of this section. (((3))) (4)(a) Except when specified in this subsection, the notice of transfer ((of [or])) or discharge required under subsection (((2))) (3) of this section must be made by the facility at least thirty days before the resident is transferred or discharged. (b) Notice may be made as soon as practicable before transfer or discharge when: (i) The safety of individuals in the facility would be endangered; (ii) The health of individuals in the facility would be endangered; (iii) An immediate transfer or discharge is required by the resident's urgent medical needs; or (iv) A resident has not resided in the facility for thirty days. (((4))) (5) The written notice specified in subsection (((2))) (3) of this section must include the following: (a) The reason for transfer or discharge; (b) The effective date of transfer or discharge; (c) The location to which the resident is transferred or discharged; (d) The name, address, and telephone number of the state long-term care ombudsman; (e) For residents with developmental disabilities, the mailing address and telephone number of the agency responsible for the protection and advocacy of developmentally disabled individuals established under part C of the developmental disabilities assistance and bill of rights act; and (f) For residents who are mentally ill, the mailing address and telephone number of the agency responsible for the protection and advocacy of mentally ill individuals established under the protection and advocacy for mentally ill individuals act. (((5))) (6) A facility must provide sufficient preparation and orientation to residents to ensure safe and orderly transfer or discharge from the facility. (((6))) (7) A resident discharged in violation of this section has the right to be readmitted immediately upon the first availability of a gender-appropriate bed in the facility. Sec. 206. RCW 70.129.150 and 1994 c 214 s 16 are each amended to read as follows: (1) Prior to admission, all long-term care facilities or nursing facilities licensed under chapter 18.51 RCW that require payment of an admissions fee, deposit, or a minimum stay fee, by or on behalf of a person seeking ((admissions [admission])) admission to the long-term care facility or nursing facility, shall provide the resident, or his or her representative, full disclosure in writing ((of the long-term care facility or nursing facility's schedule of charges for items and services provided by the facility and)) in a language the resident or his or her representative understands, a statement of the amount of any admissions fees, deposits, prepaid charges, or minimum stay fees. The facility shall also disclose to the person, or his or her representative, the facility's advance notice or transfer requirements, prior to admission. In addition, the long-term care facility or nursing facility shall also fully disclose in writing prior to admission what portion of the deposits, admissions fees, prepaid charges, or minimum stay fees will be refunded to the resident or his or her representative if the resident leaves the long-term care facility or nursing facility. Receipt of the disclosures required under this subsection must be acknowledged in writing. If the facility does not provide these disclosures, the deposits, admissions fees, prepaid charges, or minimum stay fees may not be kept by the facility. If a resident((, during the first thirty days of residence,)) dies or is hospitalized or is transferred to another facility for more appropriate care and does not return to the original facility, the facility shall refund any deposit or charges already paid less the facility's per diem rate for the days the resident actually resided or reserved or retained a bed in the facility notwithstanding any minimum stay policy or discharge notice requirements, except that the facility may retain an additional amount to cover its reasonable, actual expenses incurred as a result of a private-pay resident's move, not to exceed five days' per diem charges, unless the resident has given advance notice in compliance with the admission agreement. All long-term care facilities or nursing facilities covered under this section are required to refund any and all refunds due the resident or ((their)) his or her representative within thirty days from the resident's date of discharge from the facility. Nothing in this section applies to provisions in contracts negotiated between a nursing facility or long-term care facility and a certified health plan, health or disability insurer, health maintenance organization, managed care organization, or similar entities. (2) Where a long-term care facility or nursing facility requires the execution of an admission contract by or on behalf of an individual seeking admission to the facility, the terms of the contract shall be consistent with the requirements of this section, and the terms of an admission contract by a long-term care facility shall be consistent with the requirements of this chapter. Sec. 207. RCW 74.39A.030 and 1995 1st sp.s. c 18 s 2 are each amended to read as follows: (1) To the extent of available funding, the department shall expand cost-effective options for home and community services for consumers for whom the state participates in the cost of their care. (2) In expanding home and community services, the department shall: (a) Take full advantage of federal funding available under Title XVIII and Title XIX of the federal social security act, including home health, adult day care, waiver options, and state plan services; and (b) be authorized to use funds available under its community options program entry system waiver granted under section 1915(c) of the federal social security act to expand the availability of in-home, adult residential care, adult family homes, enhanced adult residential care, and assisted living services. By June 30, 1997, the department shall undertake to reduce the nursing home medicaid census by at least one thousand six hundred by assisting individuals who would otherwise require nursing facility services to obtain services of their choice, including assisted living services, enhanced adult residential care, and other home and community services. The department shall make reasonable efforts to contract for at least one hundred eighty state clients who would otherwise be served in nursing facilities or in assisted living to instead be served in enhanced adult residential care settings by June 30, 1999. If a resident, or his or her legal representative, objects to a discharge decision initiated by the department, the resident shall not be discharged if the resident has been assessed and determined to require nursing facility services. In contracting with nursing homes and boarding homes for enhanced adult residential care placements, neither the department nor the department of health shall ((not)) require, by contract or through other means, structural modifications to existing building construction. (3)(a) The department shall by rule establish payment rates for home and community services that support the provision of cost-effective care. In contracting with licensed boarding homes for providing additional enhanced adult residential care services for up to one hundred eighty clients pursuant to subsection (2)(b) of this section, the payment rate shall be established at no less than thirty-five and no greater than forty percent of the average state-wide nursing facility medicaid payment rate. (b) The department may authorize an enhanced adult residential care rate for nursing homes that temporarily or permanently convert their bed use for the purpose of providing enhanced adult residential care under chapter 70.38 RCW, when the department determines that payment of an enhanced rate is cost-effective and necessary to foster expansion of contracted enhanced adult residential care services. As an incentive for nursing homes to permanently convert a portion of its nursing home bed capacity for the purpose of providing enhanced adult residential care, the department may authorize a supplemental add-on to the enhanced adult residential care rate. (c) The department may authorize a supplemental assisted living services or an enhanced adult residential care services rate for up to four years for facilities that convert from nursing home use and do not retain rights to the converted nursing home beds under chapter 70.38 RCW, if the department determines that payment of a supplemental rate is cost-effective and necessary to foster expansion of contracted assisted living or enhanced adult residential care services. Sec. 208. RCW 74.39A.040 and 1995 1st sp.s. c 18 s 6 are each amended to read as follows: The department shall work in partnership with hospitals, who choose to participate, in assisting patients and their families to find long-term care services of their choice according to subsections (1) through (4) of this section. The department shall not delay hospital discharges but shall assist and support the activities of hospital discharge planners. The department also shall coordinate with home health and hospice agencies whenever appropriate. The role of the department is to assist the hospital and to assist patients and their families in making informed choices by providing information regarding home and community options to individuals who are hospitalized and likely to need long-term care. (1) To the extent of available funds, the department shall assess individuals who: (a) Are medicaid clients, medicaid applicants, or eligible for both medicare and medicaid; and (b) Apply or are likely to apply for admission to a nursing facility. (2) For individuals who are reasonably expected to become medicaid recipients within one hundred eighty days of admission to a nursing facility, the department shall, to the extent of available funds, offer an assessment and information regarding appropriate in-home and community services. (3) When the department finds, based on assessment, that the individual prefers and could live appropriately and cost-effectively at home or in some other community-based setting, the department shall: (a) Advise the individual that an in-home or other community service is appropriate; (b) Develop, with the individual or the individual's representative, a comprehensive community service plan; (c) Inform the individual regarding the availability of services that could meet the applicant's needs as set forth in the community service plan and explain the cost to the applicant of the available in-home and community services relative to nursing facility care; and (d) Discuss and evaluate the need for on-going involvement with the individual or the individual's representative. (4) When the department finds, based on assessment, that the individual prefers and needs nursing facility care, the department shall: (a) Advise the individual that nursing facility care is appropriate and inform the individual of the available nursing facility vacancies; (b) If appropriate, advise the individual that the stay in the nursing facility may be short term; and (c) Describe the role of the department in providing nursing facility case management. (5) All hospitals who choose to not participate with the department according to subsections (1) through (4) of this section shall provide their own hospital long-term care discharge services for patients needing long-term care information or services. The hospital shall advise the individual regarding its recommended discharge placement for individuals requiring posthospital care and shall, consistent with the individual's expressed preferences and in accordance with his or her care needs, identify services, including known costs, available in the community and shall develop with the individual and his or her legal representative a comprehensive community service plan, if in-home or other community service is appropriate and preferred. Sec. 209. RCW 74.39A.050 and 1995 1st sp.s. c 18 s 12 are each amended to read as follows: The department's system of quality improvement for long-term care services shall ((be guided by)) use the following principles, consistent with applicable federal laws and regulations: (1) The system shall be ((consumer)) client-centered and promote privacy, independence, dignity, choice, and a home or home-like environment for consumers consistent with chapter . . ., Laws of 1997 (this act). (2) The goal of the system is continuous quality improvement with the focus on consumer satisfaction and outcomes for consumers. This includes that when conducting licensing inspections, the department shall interview an appropriate percentage of residents, family members, resident managers, and advocates in addition to interviewing providers and staff. (3) Providers should be supported in their efforts to improve quality and address identified problems initially through training, consultation, technical assistance, and case management. (4) The emphasis should be on problem prevention both in monitoring and in screening potential providers of service. (5) Monitoring should be outcome based and responsive to consumer complaints and a clear set of health, quality of care, and safety standards that are easily understandable and have been made available to providers. (6) ((Providers generally should be assisted in addressing identified problems initially through consultation and technical assistance.)) Prompt and specific enforcement remedies shall also be ((available)) implemented without delay, pursuant to RCW 74.39A.080, RCW 70.128.160, chapter 18.51 RCW, or chapter 74.42 RCW, for providers found to have delivered care or failed to deliver care resulting in problems that are serious, recurring, or ((that have been)) uncorrected, or that create a hazard that is causing or likely to cause death or serious harm to one or more residents. These enforcement remedies may also include, when appropriate, reasonable conditions on a contract or license. In the selection of remedies, the safety, health, and well-being of residents shall be of paramount importance. (7) To the extent funding is available, all long-term care staff directly responsible for the care, supervision, or treatment of vulnerable persons should be screened through background checks in a uniform and timely manner to ensure that they do not have a criminal history that would disqualify them from working with vulnerable persons. Whenever a state conviction record check is required by state law, persons may be employed or engaged as volunteers or independent contractors on a conditional basis according to law and rules adopted by the department. (8) No provider or staff, or prospective provider or staff, with a stipulated finding of fact, conclusion of law, an agreed order, or finding of fact, conclusion of law, or final order issued by a disciplining authority, a court of law, or entered into a state registry finding him or her guilty of abuse, neglect, exploitation, or abandonment of a minor or a vulnerable adult as defined in chapter 74.34 RCW shall be employed in the care of and have unsupervised access to vulnerable adults. (9) Under existing funds the department shall establish internally a quality improvement standards committee to monitor the development of standards and to suggest modifications. (10) Within existing funds, the department shall design, develop, and implement a long-term care training program that is flexible, relevant, and qualifies towards the requirements for a nursing assistant certificate as established under chapter 18.88A RCW. This subsection does not require completion of the nursing assistant certificate training program by providers or their staff. The long-term care teaching curriculum must consist of a fundamental module, or modules, and a range of other available relevant training modules that provide the care giver with appropriate options that assist in meeting the resident's care needs. Some of the training modules may include, but are not limited to, specific training on the special care needs of persons with developmental disabilities, dementia, mental illness, and the care needs of the elderly. No less than one training module must be dedicated to workplace violence prevention. The nursing care quality assurance commission shall work together with the department to develop the curriculum modules and accept some or all of the curriculum modules hour for hour towards meeting the requirements for a nursing assistant certificate as defined in chapter 18.88A RCW. The department may review whether facilities can develop their own related long-term care training programs. The department may develop a review process for determining what previous experience and training may be used to waive some or all of the mandatory training. Sec. 210. RCW 74.39A.060 and 1995 1st sp.s. c 18 s 13 are each amended to read as follows: (1) The aging and adult services administration of the department shall establish and maintain a toll-free telephone number for receiving complaints regarding a facility that the administration licenses or with which it contracts for long-term care services. (2) All facilities that are licensed by, or that contract with the aging and adult services administration to provide chronic long-term care services shall post in a place and manner clearly visible to residents and visitors the department's toll-free complaint telephone number and the toll-free number and program description of the long-term care ombudsman as provided by RCW 43.190.050. (3) The aging and adult services administration shall investigate complaints if the subject of the complaint is within its authority unless the department determines that: (a) The complaint is intended to willfully harass a licensee or employee of the licensee; or (b) there is no reasonable basis for investigation; or (c) corrective action has been taken as determined by the ombudsman or the department. (4) The aging and adult services administration shall refer complaints to appropriate state agencies, law enforcement agencies, the attorney general, the long-term care ombudsman, or other entities if the department lacks authority to investigate or if its investigation reveals that a follow-up referral to one or more of these entities is appropriate. (5) The department shall adopt rules that include the following complaint investigation protocols: (a) Upon receipt of a complaint, the department shall make a preliminary review of the complaint, assess the severity of the complaint, and assign an appropriate response time. Complaints involving imminent danger to the health, safety, or well-being of a resident must be responded to within two days. When appropriate, the department shall make an on-site investigation within a reasonable time after receipt of the complaint or otherwise ensure that complaints are responded to. (b) The complainant must be: Promptly contacted by the department, unless anonymous or unavailable despite several attempts by the department, and informed of the right to discuss the alleged violations with the inspector and to provide other information the complainant believes will assist the inspector; informed of the department's course of action; and informed of the right to receive a written copy of the investigation report. (c) In conducting the investigation, the department shall interview the complainant, unless anonymous, and shall use its best efforts to interview the resident or residents allegedly harmed by the violations, and, in addition to facility staff, any available independent sources of relevant information, including if appropriate the family members of the resident. (d) Substantiated complaints involving harm to a resident, if an applicable law or regulation has been violated, shall be subject to one or more of the actions provided in RCW 74.39A.080 or 70.128.160. Whenever appropriate, the department shall also give consultation and technical assistance to the provider. (e) In the best practices of total quality management and continuous quality improvement, after a department finding of a violation that is serious, recurring, or uncorrected following a previous citation, the department shall make an on-site revisit of the facility to ensure correction of the violation, except for license or contract suspensions or revocations. (f) Substantiated complaints of neglect, abuse, exploitation, or abandonment of residents, or suspected criminal violations, shall also be referred by the department to the appropriate law enforcement agencies, the attorney general, and appropriate professional disciplining authority. (6) The department may ((not)) provide the substance of the complaint to the licensee or contractor before the completion of the investigation by the department unless such disclosure would reveal the identity of a complainant, witness, or resident who chooses to remain anonymous. Neither the substance of the complaint provided to the licensee or contractor nor any copy of the complaint or related report published, released, or made otherwise available shall disclose, or reasonably lead to the disclosure of, the name, title, or identity of any complainant, or other person mentioned in the complaint, except that the name of the provider and the name or names of any officer, employee, or agent of the department conducting the investigation shall be disclosed after the investigation has been closed and the complaint has been substantiated. The department may disclose the identity of the complainant if such disclosure is requested in writing by the complainant. Nothing in this subsection shall be construed to interfere with the obligation of the long-term care ombudsman program or department staff to monitor the department's licensing, contract, and complaint investigation files for long-term care facilities. (((6))) (7) The resident has the right to be free of interference, coercion, discrimination, and reprisal from a facility in exercising his or her rights, including the right to voice grievances about treatment furnished or not furnished. A facility that provides long-term care services shall not discriminate or retaliate in any manner against a resident, employee, or any other person on the basis or for the reason that such resident or any other person made a complaint to the department, the attorney general, law enforcement agencies, or the long-term care ombudsman, provided information, or otherwise cooperated with the investigation of such a complaint. Any attempt to discharge a resident against the resident's wishes, or any type of retaliatory treatment of a resident by whom or upon whose behalf a complaint substantiated by the department has been made to the department, the attorney general, law enforcement agencies, or the long-term care ombudsman, within one year of the filing of the complaint, raises a rebuttable presumption that such action was in retaliation for the filing of the complaint. "Retaliatory treatment" means, but is not limited to, monitoring a resident's phone, mail, or visits; involuntary seclusion or isolation; transferring a resident to a different room unless requested or based upon legitimate management reasons; withholding or threatening to withhold food or treatment unless authorized by a terminally ill resident or his or her representative pursuant to law; or persistently delaying responses to a resident's request for service or assistance. A facility that provides long-term care services shall not willfully interfere with the performance of official duties by a long-term care ombudsman. The department shall sanction and may impose a civil penalty of not more than three thousand dollars for a violation of this subsection ((and require the facility to mitigate any damages incurred by the resident)). Sec. 211. RCW 70.129.105 and 1994 c 214 s 17 are each amended to read as follows: No long-term care facility or nursing facility licensed under chapter 18.51 RCW shall require or request residents to sign waivers of potential liability for losses of personal property or injury, or to sign waivers of residents' rights set forth in this chapter or in the applicable licensing or certification laws. Sec. 212. RCW 74.42.030 and 1979 ex.s. c 211 s 3 are each amended to read as follows: Each resident or guardian or legal representative, if any, shall be fully informed and receive in writing, in a language the resident or his or her representative understands, the following information: (1) The resident's rights and responsibilities in the facility; (2) Rules governing resident conduct; (3) Services, items, and activities available in the facility; and (4) Charges for services, items, and activities, including those not included in the facility's basic daily rate or not paid by medicaid. The facility shall provide this information before admission, or at the time of admission in case of emergency, and as changes occur during the resident's stay. The resident and his or her representative must be informed in writing in advance of changes in the availability or charges for services, items, or activities, or of changes in the facility's rules. Except in unusual circumstances, thirty days' advance notice must be given prior to the change. The resident or legal guardian or representative shall acknowledge in writing receipt of this information ((and any changes in the information)). The written information provided by the facility pursuant to this section, and the terms of any admission contract executed between the facility and an individual seeking admission to the facility, must be consistent with the requirements of this chapter and chapter 18.51 RCW and, for facilities certified under medicaid or medicare, with the applicable federal requirements. NEW SECTION. Sec. 213. A new section is added to chapter 18.20 RCW to read as follows: The department's system of quality improvement for long-term care services shall use the following principles, consistent with applicable federal laws and regulations: (1) The system shall be resident-centered and promote privacy, independence, dignity, choice, and a home or home-like environment for residents consistent with chapter 70.129 RCW. (2) The goal of the system is continuous quality improvement with the focus on resident satisfaction and outcomes for residents. This includes that when conducting licensing inspections, the department shall interview an appropriate percentage of residents, family members, and advocates in addition to interviewing appropriate staff. (3) Facilities should be supported in their efforts to improve quality and address identified problems initially through training, consultation, and technical assistance. (4) The emphasis should be on problem prevention both in monitoring and in screening potential providers of service. (5) Monitoring should be outcome based and responsive to resident complaints and a clear set of health, quality of care, and safety standards that are easily understandable and have been made available to facilities.(6) Prompt and specific enforcement remedies shall also be implemented without delay, consistent with RCW 18.20.190, for facilities found to have delivered care or failed to deliver care resulting in problems that are serious, recurring, or uncorrected, or that create a hazard that is causing or likely to cause death or serious harm to one or more residents. These enforcement remedies may also include, when appropriate, reasonable conditions on a license. In the selection of remedies, the safety, health, and well-being of residents shall be of paramount importance. (7) To the extent funding is available, the licensee, administrator, and their staff should be screened through background checks in a uniform and timely manner to ensure that they do not have a criminal history that would disqualify them from working with vulnerable adults. Employees may be provisionally hired pending the results of the background check if they have been given three positive references. (8) The department shall promote the development of a training system that is practical and relevant to the needs of residents and staff. To improve access to training, especially for rural communities, the training system may include, but is not limited to, the use of satellite technology distance learning that is coordinated through community colleges or other appropriate organizations. (9) No licensee, administrator, or staff, or prospective licensee, administrator, or staff, with a stipulated finding of fact, conclusion of law, and agreed order, or finding of fact, conclusion of law, or final order issued by a disciplining authority, a court of law, or entered into the state registry finding him or her guilty of abuse, neglect, exploitation, or abandonment of a minor or a vulnerable adult as defined in chapter 74.34 RCW shall be employed in the care of and have unsupervised access to vulnerable adults. NEW SECTION. Sec. 214. A new section is added to chapter 18.20 RCW to read as follows: (1) The department shall establish and maintain a toll-free telephone number for receiving complaints regarding a facility that the department licenses. (2) All facilities that are licensed under this chapter shall post in a place and manner clearly visible to residents and visitors the department's toll-free complaint telephone number and the toll-free number and program description of the long-term care ombudsman as provided by RCW 43.190.050. (3) The department shall investigate complaints if the subject of the complaint is within its authority unless the department determines that: (a) The complaint is intended to willfully harass a licensee or employee of the licensee; or (b) there is no reasonable basis for investigation; or (c) corrective action has been taken as determined by the ombudsman or the department. (4) The department shall refer complaints to appropriate state agencies, law enforcement agencies, the attorney general, the long-term care ombudsman, or other entities if the department lacks authority to investigate or if its investigation reveals that a follow-up referral to one or more of these entities is appropriate. (5) The department shall adopt rules that include the following complaint investigation protocols: (a) Upon receipt of a complaint, the department shall make a preliminary review of the complaint, assess the severity of the complaint, and assign an appropriate response time. Complaints involving imminent danger to the health, safety, or well-being of a resident must be responded to within two days. When appropriate, the department shall make an on-site investigation within a reasonable time after receipt of the complaint or otherwise ensure that complaints are responded to. (b) The complainant must be: Promptly contacted by the department, unless anonymous or unavailable despite several attempts by the department, and informed of the right to discuss alleged violations with the inspector and to provide other information the complainant believes will assist the inspector; informed of the department's course of action; and informed of the right to receive a written copy of the investigation report. (c) In conducting the investigation, the department shall interview the complainant, unless anonymous, and shall use its best efforts to interview the resident or residents allegedly harmed by the violations, and, in addition to facility staff, any available independent sources of relevant information, including if appropriate the family members of the resident. (d) Substantiated complaints involving harm to a resident, if an applicable law or regulation has been violated, shall be subject to one or more of the actions provided in RCW 18.20.190. Whenever appropriate, the department shall also give consultation and technical assistance to the facility. (e) In the best practices of total quality management and continuous quality improvement, after a department finding of a violation that is serious, recurring, or uncorrected following a previous citation, the department shall make an on-site revisit of the facility to ensure correction of the violation. This subsection does not prevent the department from enforcing license suspensions or revocations. (f) Substantiated complaints of neglect, abuse, exploitation, or abandonment of residents, or suspected criminal violations, shall also be referred by the department to the appropriate law enforcement agencies, the attorney general, and appropriate professional disciplining authority. (6) The department may provide the substance of the complaint to the licensee before the completion of the investigation by the department unless such disclosure would reveal the identity of a complainant, witness, or resident who chooses to remain anonymous. Neither the substance of the complaint provided to the licensee or contractor nor any copy of the complaint or related report published, released, or made otherwise available shall disclose, or reasonably lead to the disclosure of, the name, title, or identity of any complainant, or other person mentioned in the complaint, except that the name of the provider and the name or names of any officer, employee, or agent of the department conducting the investigation shall be disclosed after the investigation has been closed and the complaint has been substantiated. The department may disclose the identity of the complainant if such disclosure is requested in writing by the complainant. Nothing in this subsection shall be construed to interfere with the obligation of the long-term care ombudsman program to monitor the department's licensing, contract, and complaint investigation files for long-term care facilities. (7) The resident has the right to be free of interference, coercion, discrimination, and reprisal from a facility in exercising his or her rights, including the right to voice grievances about treatment furnished or not furnished. A facility licensed under this chapter shall not discriminate or retaliate in any manner against a resident, employee, or any other person on the basis or for the reason that such resident or any other person made a complaint to the department, the attorney general, law enforcement agencies, or the long-term care ombudsman, provided information, or otherwise cooperated with the investigation of such a complaint. Any attempt to discharge a resident against the resident's wishes, or any type of retaliatory treatment of a resident by whom or upon whose behalf a complaint substantiated by the department has been made to the department, the attorney general, law enforcement agencies, or the long-term care ombudsman, within one year of the filing of the complaint, raises a rebuttable presumption that such action was in retaliation for the filing of the complaint. "Retaliatory treatment" means, but is not limited to, monitoring a resident's phone, mail, or visits; involuntary seclusion or isolation; transferring a resident to a different room unless requested or based upon legitimate management reasons; withholding or threatening to withhold food or treatment unless authorized by a terminally ill resident or his or her representative pursuant to law; or persistently delaying responses to a resident's request for service or assistance. A facility licensed under this chapter shall not willfully interfere with the performance of official duties by a long-term care ombudsman. The department shall sanction and may impose a civil penalty of not more than three thousand dollars for a violation of this subsection. NEW SECTION. Sec. 215. Within existing funds, the long-term care ombudsman shall conduct a follow-up review of the department of health's licensing inspections and complaint investigations of boarding homes and of the department of social and health services' monitoring of boarding homes with contracts under chapter 74.39A RCW. The review must include, but is not limited to, an examination of the enforcement of resident rights and care standards in boarding homes, the timeliness of complaint investigations, and compliance by the departments with the standards set forth in this act. The long-term care ombudsman shall consult with the departments of health and social and health services, long-term care facility organizations, resident groups, and senior and disabled citizen organizations and report to appropriate committees of the house of representatives and the senate concerning its review of the departments' enforcement activities and any applicable recommendations by January 5, 1998. Sec. 216. RCW 74.42.450 and 1995 1st sp.s. c 18 s 64 are each amended to read as follows: (1) The facility shall admit as residents only those individuals whose needs can be met by: (a) The facility; (b) The facility cooperating with community resources; or (c) The facility cooperating with other providers of care affiliated or under contract with the facility. (2) The facility shall transfer a resident to a hospital or other appropriate facility when a change occurs in the resident's physical or mental condition that requires care or service that the facility cannot provide. The resident, the resident's guardian, if any, the resident's next of kin, the attending physician, and the department shall be consulted at least fifteen days before a transfer or discharge unless the resident is transferred under emergency circumstances. The department shall use casework services or other means to insure that adequate arrangements are made to meet the resident's needs. (3) A resident shall be transferred or discharged only for medical reasons, the resident's welfare or request, the welfare of other residents, or nonpayment. A resident may not be discharged for nonpayment if the discharge would be prohibited by the medicaid program. (4) If a resident chooses to remain in the nursing facility, the department shall respect that choice, provided that if the resident is a medicaid recipient, the resident continues to require a nursing facility level of care. (5) If the department determines that a resident no longer requires a nursing facility level of care, the resident shall not be discharged from the nursing facility until at least thirty days after written notice is given to the resident, the resident's surrogate decision maker and, if appropriate, a family member or the resident's representative. A form for requesting a hearing to appeal the discharge decision shall be attached to the written notice. The written notice shall include at least the following: (a) The reason for the discharge; (b) A statement that the resident has the right to appeal the discharge; and (c) The name, address, and telephone number of the state long-term care ombudsman. (6) If the resident appeals a department discharge decision, the resident shall not be discharged without the resident's consent until at least thirty days after a final order is entered upholding the decision to discharge the resident. (7) Before the facility transfers or discharges a resident, the facility must first attempt through reasonable accommodations to avoid the transfer or discharge unless the transfer or discharge is agreed to by the resident. The facility shall admit or retain only individuals whose needs it can safely and appropriately serve in the facility with available staff or through the provision of reasonable accommodations required by state or federal law. "Reasonable accommodations" has the meaning given to this term under the federal Americans with disabilities act of 1990, 42 U.S.C. Sec. 12101 et seq. and other applicable federal or state antidiscrimination laws and regulations. PART IIIESTATE RECOVERY CONSUMER DISCLOSURE NEW SECTION. Sec. 301. A new section is added to chapter 43.20B RCW to read as follows: (1) It is the intent of the legislature to ensure that needy individuals have access to basic long-term care without requiring them to sell their homes. In the face of rising medical costs and limited funding for social welfare programs, however, the state's medicaid and state-funded long-term care programs have placed an increasing financial burden on the state. By balancing the interests of individuals with immediate and future unmet medical care needs, surviving spouses and dependent children, adult nondependent children, more distant heirs, and the state, the estate recovery provisions of RCW 43.20B.080 and 74.39A.170 provide an equitable and reasonable method of easing the state's financial burden while ensuring the continued viability of the medicaid and state-funded long-term care programs. (2) It is further the intent of the legislature to confirm that chapter 21, Laws of 1994, effective July 1, 1994, repealed and substantially reenacted the state's medicaid estate recovery laws and did not eliminate the department's authority to recover the cost of medical assistance paid prior to October 1, 1993, from the estates of deceased recipients regardless of whether they received benefits before, on, or after July , 1994. Sec. 302. RCW 43.20B.080 and 1995 1st sp.s. c 18 s 67 are each amended to read as follows: (1) The department shall file liens, seek adjustment, or otherwise effect recovery for medical assistance correctly paid on behalf of an individual ((as required by this chapter and)) consistent with 42 U.S.C. Sec. 1396p. (2) Liens may be adjusted by foreclosure in accordance with chapter 61.12 RCW. (3) In the case of an individual who was fifty-five years of age or older when the individual received medical assistance, the department shall seek adjustment or recovery from the individual's estate, and from nonprobate assets of the individual as defined by RCW 11.02.005 ((except property passing through a community property agreement)), but only for medical assistance consisting of nursing facility services, home and community-based services, other services that the department determines to be appropriate, and related hospital and prescription drug services. Recovery from the individual's estate, including foreclosure of liens imposed under this section, shall be undertaken as soon as practicable, consistent with ((the requirements of)) 42 U.S.C. Sec. 1396p. (4) The department shall apply the medical assistance estate recovery law as it existed on the date that benefits were received when calculating an estate's liability to reimburse the department for those benefits. (5)(a) The department shall establish procedures consistent with standards established by the federal department of health and human services and pursuant to 42 U.S.C. Sec. 1396p to waive recovery when such recovery would work an undue hardship. (b) Recovery of medical assistance from a recipient's estate shall not include property made exempt from claims by federal law or treaty, including exemption for tribal artifacts that may be held by individual Native Americans. (((5))) (6) A lien authorized under subsections (1) through (5) of this section relates back to attach to any real property that the decedent had an ownership interest in immediately before death and is effective as of that date. (7) The department is authorized to adopt rules to effect recovery under this section. The department may adopt by rule later enactments of the federal laws referenced in this section. (8) The office of financial management shall review the cost and feasibility of the department of social and health services collecting the client copayment for long-term care consistent with the terms and conditions of RCW 74.39A.120, and the cost impact to community providers under the current system for collecting the client's copayment in addition to the amount charged to the client for estate recovery, and report to the legislature by December 12, 1997. Sec. 303. RCW 74.34.010 and 1995 1st sp.s. c 18 s 82 are each amended to read as follows: The legislature finds that frail elders and vulnerable adults may be subjected to abuse, neglect, exploitation, or abandonment. The legislature finds that there are a number of adults sixty years of age or older who lack the ability to perform or obtain those services necessary to maintain or establish their well-being. The legislature finds that many frail elders and vulnerable adults have health problems that place them in a dependent position. The legislature further finds that a significant number of frail elders and vulnerable adults have mental and verbal limitations that leave them vulnerable and incapable of asking for help and protection. It is the intent of the legislature to prevent or remedy the abuse, neglect, exploitation, or abandonment of persons sixty years of age or older who have a functional, mental, or physical inability to care for or protect themselves. It is the intent of the legislature to assist frail elders and vulnerable adults by providing these persons with the protection of the courts and with the least-restrictive services, such as home care, and by preventing or reducing inappropriate institutional care. The legislature finds that it is in the interests of the public health, safety, and welfare of the people of the state to provide a procedure for identifying these vulnerable persons and providing the services and remedies necessary for their well-being. It is further the intent of the legislature that the cost of protective services rendered to a frail elder or vulnerable adult under this chapter that are paid with state funds only not be subject to recovery from the recipient or the recipient's estate, whether by lien, adjustment, or any other means of recovery, regardless of the income or assets of the recipient of the services. In making this exemption the legislature recognizes that receipt of such services is voluntary and incentives to decline services or delay permission must be kept to a minimum. There may be a need to act or intervene quickly to protect the assets, health, or well-being of a frail elder or vulnerable adult; to prevent or halt the exploitation, neglect, abandonment, or abuse of the person or assets of a frail elder or vulnerable adult; or to prevent or limit inappropriate placement or retention in an institution providing long-term care. The delivery of such services is less likely to be impeded, and consent to such services will be more readily obtained, if the cost of these services is not subject to recovery. The legislature recognizes that there will be a cost in not seeking financial recovery for such services, but that this cost may be offset by preventing costly and inappropriate institutional placement. NEW SECTION. Sec. 304. A new section is added to chapter 74.34 RCW to read as follows: The cost of benefits and services provided to a frail elder or vulnerable adult under this chapter with state funds only does not constitute an obligation or lien and is not recoverable from the recipient of the services or from the recipient's estate, whether by lien, adjustment, or any other means of recovery. Sec. 305. RCW 74.39A.170 and 1995 1st sp.s. c 18 s 56 are each amended to read as follows: (1) All payments made in state-funded long-term care shall be recoverable as if they were medical assistance payments subject to recovery under 42 U.S.C. Sec. 1396p and chapter 43.20B RCW((, but)) without regard to the recipient's age, except the cost of state-funded adult protective services provided under chapter 74.34 RCW to frail elders and vulnerable adults. (2) In determining eligibility for state-funded long-term care services programs, except for protective services provided to frail elders and vulnerable adults, the department shall impose the same rules with respect to the transfer of assets for less than fair market value as are imposed under 42 U.S.C. 1396p with respect to nursing home and home and community services.(3) It is the responsibility of the department to fully disclose in advance verbally and in writing, in easy to understand language, the terms and conditions of estate recovery. The disclosure must include billing and recovery and copayment procedures to all persons offered long-term care services subject to recovery of payments. (4) It is the intent of the legislature that the department collect, to the extent possible, all costs associated with the individual provider program including, but not limited to, training, taxes, and fringe benefits. By November 15, 1997, the secretary shall identify and report to the legislature: (a) The costs of identifying or tracking direct and indirect costs associated with the individual provider program, including any necessary changes to the department's information systems; and(b) Any federal or state laws limiting the department's ability to recover direct or indirect costs of the individual provider program from the estate. (5) To the extent funds are available and in compliance with federal law, the department is responsible for also notifying the client, or his or her advocate, quarterly of the types of services used, charges for services, credit amount of copayment, and the difference (debt) that will be charged against the estate.
PART IVADULT FAMILY HOMES Sec. 401. RCW 70.128.175 and 1995 1st sp.s. c 18 s 29 are each amended to read as follows: (1) Unless the context clearly requires otherwise, these definitions shall apply throughout this section and RCW 35.63.140, 35A.63.149, 36.70.755, 35.22.680, and 36.32.560: (a) "Adult family home" means a regular family abode ((of)) in which a person or persons ((providing)) provides personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services. (b) "Residential care facility" means a facility that cares for at least five, but not more than fifteen functionally disabled persons, that is not licensed pursuant to chapter 70.128 RCW. (c) "Department" means the department of social and health services. (2) An adult family home shall be considered a residential use of property for zoning and public and private utility rate purposes. Adult family homes shall be a permitted use in all areas zoned for residential or commercial purposes, including areas zoned for single family dwellings. NEW SECTION. Sec. 402. The department of social and health services shall implement a limited moratorium on the authorization of adult family home licenses until December 12, 1997, or until the secretary has determined that all adult family home and group home safety and quality of care standards have been reviewed by the department, determined by the secretary to reasonably protect the life, safety, and health of residents, and has notified all adult family home and group home operators of the standards of care or any modifications to the existing standards. This limited moratorium shall in no way prevent a person eligible to receive services from receiving the same or equivalent chronic long-term care services. In the event of a need for such services, the department shall develop a process for determining the availability of chronic long-term care residential services on a case-by-case basis to determine if an adult family home license should be granted to accommodate the needs of a particular geographical or ethnic community. The department may review the cost and feasibility of creating an adult family home advisory committee. The secretary shall make the final determination on individual case licensure until December 12, 1997, or until the moratorium has been removed and determine if an adult family home advisory committee should be developed. NEW SECTION. Sec. 403. The department of social and health services is authorized to adopt rules, including emergency rules, for implementing the provisions of section 402 of this act. PART VMISCELLANEOUS PROVISIONS NEW SECTION. Sec. 501. The department of health in cooperation with the department of social and health services may develop a plan for implementing a pilot program for accrediting boarding homes licensed under RCW 18.20.020 with a recognized national nongovernmental accreditation organization or an organization with experience in developing and implementing accreditation programs in at least two states. The pilot plan, if funded, shall be developed with the input of residents, provider representatives, and other vested interest groups. If funded, the plan shall review the overall feasibility of implementation, cost or savings to the department of health, impact on client health and safety, and financial and other impacts to the boarding industry. If funded, the pilot boarding home accreditation plan shall be presented to the appropriate committees of the house of representatives and the senate by January 5, 1998. NEW SECTION. Sec. 502. The department of community, trade, and economic development, in collaboration with the organizations designated by state or federal law to provide protection and advocacy and ombuds services for older Americans and people with disabilities using publicly funded long-term care residential services, may conduct a study, make recommendations, and draft legislation necessary to implement changes that will result in a single coordinating umbrella for ombuds and advocacy services that maximizes efficiency, minimizes duplication, and allows for specialization in target populations such as developmental disabilities, older Americans, and mental illness, and assures that the providers of ombuds services have sufficient expertise and experience with target populations and the systems that serve them. The study, if funded, shall include review of all relevant federal and state laws and regulations, including but not limited to the older Americans act, 42 U.S.C. 3001 as amended, the developmental disabilities assistance and bill of rights act as amended, 42 U.S.C. 6000, the protection and advocacy for persons with mental illness act as amended, 42 U.S.C. 10801, the rehabilitation act of 1973 as amended, 29 U.S.C. 701, the long-term care ombudsman statute chapter 43.190 RCW, developmental disabilities statute, Title 71A RCW, and the community mental health services regulations, chapter 275-57 WAC. If funded, the study shall identify the gaps in current ombuds and advocacy services, and develop a cost assessment for implementation of a comprehensive umbrella of ombuds and advocacy services. If funded, the department of community, trade, and economic development shall report to the appropriate committees of the house of representatives and the senate by January 10, 1998. NEW SECTION. Sec. 503. The department of social and health services may review the cost and feasibility of implementing developmental disabilities certification standards for community residential alternatives to ensure that services are adequate for the health, safety, care, treatment, and support of persons with developmental disabilities. The community residential alternatives shall include, but not be limited to, entities that contract or directly provide services with the division of developmental disabilities such as group homes, agency alternative living, intensive and other tenant support services, adult family homes, or boarding homes. Certification standards shall review at a minimum the following areas. Administrative and financial capabilities of the provider, health and safety practices, the opportunities for the individuals served by the programs to have power and choice in their lives, opportunities to develop friendships and relationships, and opportunities to develop self-respect and to gain respect from others, to participate in the community, and to gain independent living skills. If the review is funded, the department shall also recommend whether adult family homes that choose to provide services only to persons with developmental disabilities should receive special certification or licensure apart from or in place of the existing adult family home license. The review may also recommend the type and amount of provider training necessary to appropriately support persons with developmental disabilities in community residential alternatives. The department may include the assistance of other departments, vested interest groups, and family members in the development of recommendations. If funded, the department shall report to the appropriate committees of the house of representatives and the senate by January 30, 1998. NEW SECTION. Sec. 504. Any section or provision of this act that may be susceptible to more than one construction shall be interpreted in favor of the construction most likely to comply with federal laws entitling this state to receive federal funds for the various programs of the department of health or the department of social and health services. If any section of this act is found to be in conflict with federal requirements that are a prescribed condition of the allocation of federal funds to the state, or to any departments or agencies thereof, the conflicting part is declared to be inoperative solely to the extent of the conflict. The rules issued under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state. NEW SECTION. Sec. 505. A new section is added to chapter 43.70 RCW to read as follows: The department of health, and the disciplining authorities as agents of the department of social and health services for purposes of this section in cooperation with the department of social and health services, shall implement a nursing home resident protection program in accordance with guidelines established by the federal health care financing administration. The department of social and health services shall retain authority to review and investigate all allegations of nursing home resident neglect, abuse, and misappropriation of resident property. If the department of social and health services makes a preliminary determination, based upon credible evidence and an investigation by the department, that a licensed, certified, or registered health care provider listed in RCW 18.130.040 and used by the nursing home to provide services to a resident, except for a certified or registered nursing assistant, has neglected or abused a resident or misappropriated a resident's property, the department of social and health services shall immediately refer its determination regarding the individual to the appropriate disciplining authority, as defined in chapter 18.130 RCW. The disciplining authority shall pursue administrative adjudicatory or disciplinary proceedings according to federal timelines and requirements, and consistent with the administrative procedure act, chapter 34.05 RCW. Meeting federal requirements for the resident protection program shall not compromise due process protections when state disciplining authorities take actions against health professionals regulated under the uniform disciplinary act, chapter 18.130 RCW. The secretary of social and health services shall have access to all information concerning any complaint referred under the resident protection program to the secretary of health and the other disciplining authorities. If the department of social and health services determines that the disciplining authority has failed to meet the applicable requirements of federal law for the resident protection program, jurisdiction on the individual case shall revert to the secretary of social and health services for actions under the federal law, which shall not interfere with the action under the uniform disciplinary act. The secretary of social and health services and the secretary of health shall enter into an interagency agreement to implement the provisions of this section. A finding of fact, stipulated finding of fact, agreed order, or final order issued by the disciplining authority that finds the individual health care provider guilty of neglect, abuse, or misappropriation of resident property shall be promptly reported to the department of social and health services. NEW SECTION. Sec. 506. A new section is added to chapter 18.51 RCW to read as follows: The department of social and health services shall retain authority to review and investigate all allegations of nursing home resident neglect, abuse, and misappropriation of resident property. The department of social and health services in cooperation with the department of health and disciplining authorities shall implement a nursing home resident protection program according to guidelines established by the federal health care financing administration. The department of social and health services, as the federally responsible state agency, shall conduct or coordinate the conduct of the most appropriate and timely review and investigation of all credible allegations of nursing home resident neglect, abuse, and misappropriation of resident property. If the department of social and health services makes a preliminary determination, based upon credible evidence and an investigation by the department, that a licensed, certified, or registered health care provider listed in RCW 18.130.040 and used by the nursing home to provide services to a resident, except for a certified or registered nursing assistant, has neglected or abused a resident or misappropriated a resident's property, the department of social and health services shall immediately refer its determination regarding the individual to the department of health or disciplining authority, as defined in RCW 18.130.020. The disciplining authority shall pursue administrative adjudicatory or disciplinary proceedings according to federal timelines and requirements, and consistent with the administrative procedure act, chapter 34.05 RCW. When the department of social and health services determines such proceeding does not meet federal timelines and requirements, the department of social and health services shall have the authority to take federally required actions. Other individuals used by a nursing home, including certified and registered nursing assistants, with a preliminary determination of neglect, abuse, or misappropriation of resident property shall receive notice and the right to an administrative fair hearing from the department of social and health services according to federal timelines and requirements. An individual with a finding of fact, stipulated finding of fact, agreed order, or final order issued by the department of social and health services or the disciplining authority that finds the individual guilty of neglect, abuse, or misappropriation of resident property shall not be employed in the care of and have unsupervised access to vulnerable adults, as defined in chapter 74.34 RCW. Upon receipt from the disciplining authority of a finding of fact, stipulated finding of fact, agreed order, or final order that finds the individual health care provider guilty of neglect, abuse, or misappropriation of resident property, the department of social and health services shall report this information to the nursing home where the incident occurred, the long-term care facility where the individual works, if different, and other entities serving vulnerable adults upon request by the entity. NEW SECTION. Sec. 507. A new section is added to chapter 9A.42 RCW to read as follows: The legislature finds that there is a significant need to protect children and dependent persons, including frail elder and vulnerable adults, from abuse and neglect by their parents, by persons entrusted with their physical custody, or by persons employed to provide them with the basic necessities of life. The legislature further finds that such abuse and neglect often takes the forms of either withholding from them the basic necessities of life, including food, water, shelter, clothing, and health care, or abandoning them, or both. Therefore, it is the intent of the legislature that criminal penalties be imposed on those guilty of such abuse or neglect. It is the intent of the legislature that a person who, in good faith, is furnished Christian Science treatment by a duly accredited Christian Science practitioner in lieu of medical care is not considered deprived of medically necessary health care or abandoned. Prosecutions under this chapter shall be consistent with the rules of evidence, including hearsay, under law. Sec. 508. RCW 9A.42.010 and 1996 c 302 s 1 are each amended to read as follows: As used in this chapter: (1) "Basic necessities of life" means food, water, shelter, clothing, and medically necessary health care, including but not limited to health-related treatment or activities, hygiene, oxygen, and medication. (2)(a) "Bodily injury" means physical pain or injury, illness, or an impairment of physical condition; (b) "Substantial bodily harm" means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes a fracture of any bodily part; (c) "Great bodily harm" means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily part or organ. (3) "Child" means a person under eighteen years of age. (4) "Dependent person" means a person who, because of physical or mental disability, or because of extreme advanced age, is dependent upon another person to provide the basic necessities of life. A resident of a nursing home, as defined in RCW 18.51.010, a resident of an adult family home, as defined in RCW 70.128.010, and a frail elder or vulnerable adult, as defined in RCW 74.34.020(8), is presumed to be a dependent person for purposes of this chapter. (5) "Employed" means hired by a dependent person, another person acting on behalf of a dependent person, or by an organization or governmental entity, to provide to a dependent person any of the basic necessities of life. A person may be "employed" regardless of whether the person is paid for the services or, if paid, regardless of who pays for the person's services. (6) "Parent" has its ordinary meaning and also includes a guardian and the authorized agent of a parent or guardian. (7) "Abandons" means leaving a child or other dependent person without the means or ability to obtain one or more of the basic necessities of life. Sec. 509. RCW 9A.42.050 and 1986 c 250 s 5 are each amended to read as follows: In any prosecution for criminal mistreatment, it shall be a defense that the withholding of the basic necessities of life is due to financial inability only if the person charged has made a reasonable effort to obtain adequate assistance. This defense is available to a person employed to provide the basic necessities of life only when the agreed-upon payment has not been made. Sec. 510. RCW 9A.42.020 and 1986 c 250 s 2 are each amended to read as follows: (1) A parent of a child ((or)), the person entrusted with the physical custody of a child or dependent person, or a person employed to provide to the child or dependent person the basic necessities of life is guilty of criminal mistreatment in the first degree if he or she recklessly, as defined in RCW 9A.08.010, causes great bodily harm to a child or dependent person by withholding any of the basic necessities of life. (2) Criminal mistreatment in the first degree is a class B felony. Sec. 511. RCW 9A.42.030 and 1986 c 250 s 3 are each amended to read as follows: (1) A parent of a child ((or)), the person entrusted with the physical custody of a child or dependent person, or a person employed to provide to the child or dependent person the basic necessities of life is guilty of criminal mistreatment in the second degree if he or she recklessly, as defined in RCW 9A.08.010, either (a) creates an imminent and substantial risk of death or great bodily harm, or (b) causes substantial bodily harm by withholding any of the basic necessities of life. (2) Criminal mistreatment in the second degree is a class C felony. NEW SECTION. Sec. 512. A new section is added to chapter 9A.42 RCW to read as follows: RCW 9A.42.020 and 9A.42.030 do not apply when a terminally ill person or his or her designee requests palliative care and the person receives palliative care from a licensed home health agency, hospice agency, nursing home, or hospital who is providing care under the medical direction of a physician. Sec. 513. RCW 9A.44.010 and 1994 c 271 s 302 are each amended to read as follows: As used in this chapter: (1) "Sexual intercourse" (a) has its ordinary meaning and occurs upon any penetration, however slight, and (b) Also means any penetration of the vagina or anus however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes, and (c) Also means any act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another whether such persons are of the same or opposite sex. (2) "Sexual contact" means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party. (3) "Married" means one who is legally married to another, but does not include a person who is living separate and apart from his or her spouse and who has filed in an appropriate court for legal separation or for dissolution of his or her marriage. (4) "Mental incapacity" is that condition existing at the time of the offense which prevents a person from understanding the nature or consequences of the act of sexual intercourse whether that condition is produced by illness, defect, the influence of a substance or from some other cause. (5) "Physically helpless" means a person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act. (6) "Forcible compulsion" means physical force which overcomes resistance, or a threat, express or implied, that places a person in fear of death or physical injury to herself or himself or another person, or in fear that she or he or another person will be kidnapped. (7) "Consent" means that at the time of the act of sexual intercourse or sexual contact there are actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact. (8) "Significant relationship" means a situation in which the perpetrator is: (a) A person who undertakes the responsibility, professionally or voluntarily, to provide education, health, welfare, or organized recreational activities principally for minors; ((or)) (b) A person who in the course of his or her employment supervises minors; or (c) A person who provides welfare, health or residential assistance, personal care, or organized recreational activities to frail elders or vulnerable adults, including a provider, employee, temporary employee, volunteer, or independent contractor who supplies services to long-term care facilities licensed or required to be licensed under chapter 18.20, 18.51, 72.36, or 70.128 RCW, and home health, hospice, or home care agencies licensed or required to be licensed under chapter 70.127 RCW, but not including a consensual sexual partner. (9) "Abuse of a supervisory position" means a direct or indirect threat or promise to use authority to the detriment or benefit of a minor. (10) "Developmentally disabled," for purposes of RCW 9A.44.050(1)(c) and 9A.44.100(1)(c), means a person with a developmental disability as defined in RCW 71A.10.020. (11) "Person with supervisory authority," for purposes of RCW 9A.44.050(1) (c) or (e) and 9A.44.100(1) (c) or (e), means any proprietor or employee of any public or private care or treatment facility who directly supervises developmentally disabled, mentally disordered, or chemically dependent persons at the facility. (12) "Mentally disordered person" for the purposes of RCW 9A.44.050(1)(e) and 9A.44.100(1)(e) means a person with a "mental disorder" as defined in RCW 71.05.020(2). (13) "Chemically dependent person" for purposes of RCW 9A.44.050(1)(e) and 9A.44.100(1)(e) means a person who is "chemically dependent" as defined in RCW 70.96A.020(4). (14) "Health care provider" for purposes of RCW 9A.44.050 and 9A.44.100 means a person who is, holds himself or herself out to be, or provides services as if he or she were: (a) A member of a health care profession under chapter 18.130 RCW; or (b) registered or certified under chapter 18.19 RCW, regardless of whether the health care provider is licensed, certified, or registered by the state. (15) "Treatment" for purposes of RCW 9A.44.050 and 9A.44.100 means the active delivery of professional services by a health care provider which the health care provider holds himself or herself out to be qualified to provide. (16) "Frail elder or vulnerable adult" means a person sixty years of age or older who has the functional, mental, or physical inability to care for himself or herself. "Frail elder or vulnerable adult" also includes a person found incapacitated under chapter 11.88 RCW, a person over eighteen years of age who has a developmental disability under chapter 71A.10 RCW, a person admitted to a long-term care facility that is licensed or required to be licensed under chapter 18.20, 18.51, 72.36, or 70.128 RCW, and a person receiving services from a home health, hospice, or home care agency licensed or required to be licensed under chapter 70.127 RCW. Sec. 514. RCW 9A.44.050 and 1993 c 477 s 2 are each amended to read as follows: (1) A person is guilty of rape in the second degree when, under circumstances not constituting rape in the first degree, the person engages in sexual intercourse with another person: (a) By forcible compulsion; (b) When the victim is incapable of consent by reason of being physically helpless or mentally incapacitated; (c) When the victim is developmentally disabled and the perpetrator is a person who is not married to the victim and who has supervisory authority over the victim; (d) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual intercourse occurs during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual intercourse with the knowledge that the sexual intercourse was not for the purpose of treatment; ((or)) (e) When the victim is a resident of a facility for mentally disordered or chemically dependent persons and the perpetrator is a person who is not married to the victim and has supervisory authority over the victim; or (f) When the victim is a frail elder or vulnerable adult and the perpetrator is a person who is not married to the victim and who has a significant relationship with the victim. (2) Rape in the second degree is a class A felony. Sec. 515. RCW 9A.44.100 and 1993 c 477 s 3 are each amended to read as follows: (1) A person is guilty of indecent liberties when he knowingly causes another person who is not his spouse to have sexual contact with him or another: (a) By forcible compulsion; ((or)) (b) When the other person is incapable of consent by reason of being mentally defective, mentally incapacitated, or physically helpless; (c) When the victim is developmentally disabled and the perpetrator is a person who is not married to the victim and who has supervisory authority over the victim; (d) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual contact occurs during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual contact with the knowledge that the sexual contact was not for the purpose of treatment; ((or)) (e) When the victim is a resident of a facility for mentally disordered or chemically dependent persons and the perpetrator is a person who is not married to the victim and has supervisory authority over the victim; or (f) When the victim is a frail elder or vulnerable adult and the perpetrator is a person who is not married to the victim and who has a significant relationship with the victim. (2) Indecent liberties is a class B felony. Sec. 516. RCW 18.130.040 and 1996 c 200 s 32 and 1996 c 81 s 5 are each reenacted and amended to read as follows: (1) This chapter applies only to the secretary and the boards and commissions having jurisdiction in relation to the professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section. (2)(a) The secretary has authority under this chapter in relation to the following professions: (i) Dispensing opticians licensed under chapter 18.34 RCW; (ii) Naturopaths licensed under chapter 18.36A RCW; (iii) Midwives licensed under chapter 18.50 RCW; (iv) Ocularists licensed under chapter 18.55 RCW; (v) Massage operators and businesses licensed under chapter 18.108 RCW; (vi) Dental hygienists licensed under chapter 18.29 RCW; (vii) Acupuncturists licensed under chapter 18.06 RCW; (viii) Radiologic technologists certified and X-ray technicians registered under chapter 18.84 RCW; (ix) Respiratory care practitioners certified under chapter 18.89 RCW; (x) Persons registered or certified under chapter 18.19 RCW; (xi) Persons registered as nursing pool operators under chapter 18.52C RCW; (xii) Nursing assistants registered or certified under chapter ((18.79)) 18.88A RCW; (xiii) Health care assistants certified under chapter 18.135 RCW; (xiv) Dietitians and nutritionists certified under chapter 18.138 RCW; (xv) Sex offender treatment providers certified under chapter 18.155 RCW; (xvi) Persons licensed and certified under chapter 18.73 RCW or RCW 18.71.205; (xvii) Persons registered as adult family home providers and resident managers under RCW 18.48.020; and (xviii) Denturists licensed under chapter 18.30 RCW. (b) The boards and commissions having authority under this chapter are as follows: (i) The podiatric medical board as established in chapter 18.22 RCW; (ii) The chiropractic quality assurance commission as established in chapter 18.25 RCW; (iii) The dental quality assurance commission as established in chapter 18.32 RCW; (iv) The board of hearing and speech as established in chapter 18.35 RCW; (v) The board of examiners for nursing home administrators as established in chapter 18.52 RCW; (vi) The optometry board as established in chapter 18.54 RCW governing licenses issued under chapter 18.53 RCW; (vii) The board of osteopathic medicine and surgery as established in chapter 18.57 RCW governing licenses issued under chapters 18.57 and 18.57A RCW; (viii) The board of pharmacy as established in chapter 18.64 RCW governing licenses issued under chapters 18.64 and 18.64A RCW; (ix) The medical quality assurance commission as established in chapter 18.71 RCW governing licenses and registrations issued under chapters 18.71 and 18.71A RCW; (x) The board of physical therapy as established in chapter 18.74 RCW; (xi) The board of occupational therapy practice as established in chapter 18.59 RCW; (xii) The nursing care quality assurance commission as established in chapter 18.79 RCW governing licenses issued under that chapter; (xiii) The examining board of psychology and its disciplinary committee as established in chapter 18.83 RCW; and (xiv) The veterinary board of governors as established in chapter 18.92 RCW. (3) In addition to the authority to discipline license holders, the disciplining authority has the authority to grant or deny licenses based on the conditions and criteria established in this chapter and the chapters specified in subsection (2) of this section. This chapter also governs any investigation, hearing, or proceeding relating to denial of licensure or issuance of a license conditioned on the applicant's compliance with an order entered pursuant to RCW 18.130.160 by the disciplining authority.(4) All disciplining authorities shall adopt procedures to ensure substantially consistent application of this chapter, the Uniform Disciplinary Act, among the disciplining authorities listed in subsection (2) of this section. Sec. 517. RCW 18.130.200 and 1986 c 259 s 12 are each amended to read as follows: A person who attempts to obtain ((or)), obtains, or attempts to maintain a license by willful misrepresentation or fraudulent representation is guilty of a gross misdemeanor. Sec. 518. RCW 43.43.842 and 1992 c 104 s 1 are each amended to read as follows: (1)(a) The secretary of social and health services and the secretary of health shall adopt additional requirements for the licensure or relicensure of agencies ((or)), facilities ((which)), and licensed individuals who provide care and treatment to vulnerable adults, including nursing pools registered under chapter 18.52C RCW. These additional requirements shall ensure that any person associated with a licensed agency or facility having ((direct contact)) unsupervised access with a vulnerable adult shall not have been: (((a))) (i) Convicted of a crime against persons as defined in RCW 43.43.830, except as provided in this section; (((b))) (ii) convicted of crimes relating to financial exploitation as defined in RCW 43.43.830, except as provided in this section; (((c))) (iii) found in any disciplinary board final decision to have abused a vulnerable adult under RCW 43.43.830; or (((d))) (iv) the subject in a protective proceeding under chapter 74.34 RCW. (b) A person associated with a licensed agency or facility who has unsupervised access with a vulnerable adult shall make the disclosures specified in RCW 43.43.834(2). The person shall make the disclosures in writing, sign, and swear to the contents under penalty of perjury. The person shall, in the disclosures, specify all crimes against children or other persons, and all crimes relating to financial exploitation as defined in RCW 43.43.830, committed by the person. (2) The rules adopted under this section shall permit the licensee to consider the criminal history of an applicant for employment in a licensed facility when the applicant has one or more convictions for a past offense and: (a) The offense was simple assault, assault in the fourth degree, or the same offense as it may be renamed, and three or more years have passed between the most recent conviction and the date of application for employment; (b) The offense was prostitution, or the same offense as it may be renamed, and three or more years have passed between the most recent conviction and the date of application for employment; (c) The offense was theft in the third degree, or the same offense as it may be renamed, and three or more years have passed between the most recent conviction and the date of application for employment; (d) The offense was theft in the second degree, or the same offense as it may be renamed, and five or more years have passed between the most recent conviction and the date of application for employment; (e) The offense was forgery, or the same offense as it may be renamed, and five or more years have passed between the most recent conviction and the date of application for employment. The offenses set forth in (a) through (e) of this subsection do not automatically disqualify an applicant from employment by a licensee. Nothing in this section may be construed to require the employment of any person against a licensee's judgment. (3) In consultation with law enforcement personnel, the secretary of social and health services and the secretary of health shall investigate, or cause to be investigated, the conviction record and the protection proceeding record information under this chapter ((43.43 RCW of each agency or facility and its)) of the staff of each agency or facility under their respective jurisdictions seeking licensure or relicensure. An individual responding to a criminal background inquiry request from his or her employer or potential employer shall disclose the information about his or her criminal history under penalty of perjury. The secretaries shall use the information solely for the purpose of determining eligibility for licensure or relicensure. Criminal justice agencies shall provide the secretaries such information as they may have and that the secretaries may require for such purpose. Sec. 519. RCW 70.124.020 and 1996 c 178 s 24 are each amended to read as follows: Unless the context requires otherwise, the definitions in this section apply throughout this chapter. (1) "Court" means the superior court of the state of Washington. (2) "Law enforcement agency" means the police department, the director of public safety, or the office of the sheriff. (3) "Practitioner of the healing arts" or "practitioner" means a person licensed by this state to practice podiatric medicine and surgery, optometry, pharmacy, physical therapy, chiropractic, nursing, dentistry, osteopathic medicine and surgery, or medicine and surgery. The term "practitioner" shall include a nurses aide, a nursing home administrator licensed under chapter 18.52 RCW, and a duly accredited Christian Science practitioner: PROVIDED, HOWEVER, That a nursing home patient who is being furnished Christian Science treatment by a duly accredited Christian Science practitioner shall not be considered, for that reason alone, a neglected patient for the purposes of this chapter. (4) "Department" means the state department of social and health services. (5) "Nursing home" has the meaning prescribed by RCW 18.51.010. (6) "Social worker" means anyone engaged in a professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support, or education of nursing home patients, or providing social services to nursing home patients, whether in an individual capacity or as an employee or agent of any public or private organization or institution. (7) "Psychologist" means any person licensed to practice psychology under chapter 18.83 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution. (8) "Pharmacist" means any registered pharmacist under chapter 18.64 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution. (9) "Abuse or neglect" or "patient abuse or neglect" means the nonaccidental physical injury or condition, sexual abuse, or negligent treatment of a nursing home or state hospital patient under circumstances which indicate that the patient's health, welfare, ((and)) or safety is harmed thereby. (10) "Negligent treatment" means an act or omission which evinces a serious disregard of consequences of such magnitude as to constitute a clear and present danger to the patient's health, welfare, ((and)) or safety. (11) "State hospital" means any hospital operated and maintained by the state for the care of the mentally ill under chapter 72.23 RCW. Sec. 520. RCW 70.124.040 and 1981 c 174 s 4 are each amended to read as follows: (1) Where a report is ((deemed warranted)) required under RCW 70.124.030, an immediate oral report shall be made by telephone or otherwise to either a law enforcement agency or to the department and, upon request, shall be followed by a report in writing. The reports shall contain the following information, if known: (a) The name and address of the person making the report; (b) The name and address of the nursing home or state hospital patient; (c) The name and address of the patient's relatives having responsibility for the patient; (d) The nature and extent of the injury or injuries; (e) The nature and extent of the neglect; (f) The nature and extent of the sexual abuse; (g) Any evidence of previous injuries, including their nature and extent; and (h) Any other information which may be helpful in establishing the cause of the patient's death, injury, or injuries, and the identity of the perpetrator or perpetrators. (2) Each law enforcement agency receiving such a report shall, in addition to taking the action required by RCW 70.124.050, immediately relay the report to the department, and to other law enforcement agencies, including the medicaid fraud control unit of the office of the attorney general, as appropriate. For any report it receives, the department shall likewise take the required action and in addition relay the report to the appropriate law enforcement agency or agencies. The appropriate law enforcement agency or agencies shall receive immediate notification when the department, upon receipt of such report, has reasonable cause to believe that a criminal act has been committed. Sec. 521. RCW 70.124.070 and 1979 ex.s. c 228 s 7 are each amended to read as follows: A person who is required to make or to cause to be made a report pursuant to RCW 70.124.030 or 70.124.040 and who knowingly fails to make such report or fails to cause such report to be made is guilty of a gross misdemeanor. NEW SECTION. Sec. 522. A new section is added to chapter 74.34 RCW to read as follows: A person who is required to make or cause to be made a report under RCW 74.34.030 or 74.34.040 and who knowingly fails to make the report or fails to cause the report to be made is guilty of a gross misdemeanor. Sec. 523. RCW 74.34.020 and 1995 1st sp.s. c 18 s 84 are each amended to read as follows: Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Abandonment" means action or inaction by a person or entity with a duty of care for a frail elder or a vulnerable adult that leaves the vulnerable person without the means or ability to obtain necessary food, clothing, shelter, or health care. (2) "Abuse" means a nonaccidental act of physical or mental mistreatment or injury, or sexual mistreatment, which harms a person through action or inaction by another individual. (3) "Consent" means express written consent granted after the person has been fully informed of the nature of the services to be offered and that the receipt of services is voluntary. (4) "Department" means the department of social and health services. (5) "Exploitation" means the illegal or improper use of a frail elder or vulnerable adult or that person's income or resources, including trust funds, for another person's profit or advantage. (6) "Neglect" means a pattern of conduct or inaction by a person or entity with a duty of care for a frail elder or vulnerable adult that results in the deprivation of care necessary to maintain the vulnerable person's physical or mental health. (7) "Secretary" means the secretary of social and health services. (8) "Frail elder or vulnerable adult" means a person sixty years of age or older who has the functional, mental, or physical inability to care for himself or herself. "Frail elder or vulnerable adult" shall include persons found incapacitated under chapter 11.88 RCW, or a person who has a developmental disability under chapter 71A.10 RCW, and persons admitted to any long-term care facility that is licensed or required to be licensed under chapter 18.20, 18.51, 72.36, or 70.128 RCW, or persons receiving services from home health, hospice, or home care agencies licensed or required to be licensed under chapter 70.127 RCW. (9) No frail elder or vulnerable person who relies upon and is being provided spiritual treatment in lieu of medical treatment in accordance with the tenets and practices of a well-recognized religious denomination shall for that reason alone be considered abandoned, abused, or neglected. Sec. 524. RCW 43.43.832 and 1995 c 250 s 2 are each amended to read as follows: (1) The legislature finds that businesses and organizations providing services to children, developmentally disabled persons, and vulnerable adults need adequate information to determine which employees or licensees to hire or engage. The legislature further finds that many developmentally disabled individuals and vulnerable adults desire to hire their own employees directly and also need adequate information to determine which employees or licensees to hire or engage. Therefore, the Washington state patrol criminal identification system ((may)) shall disclose, upon the request of a business or organization as defined in RCW 43.43.830, a developmentally disabled person, or a vulnerable adult as defined in RCW 43.43.830 or his or her guardian, an applicant's record for convictions of offenses against children or other persons, convictions for crimes relating to financial exploitation, but only if the victim was a vulnerable adult, adjudications of child abuse in a civil action, the issuance of a protection order against the respondent under chapter 74.34 RCW, and disciplinary board final decisions and any subsequent criminal charges associated with the conduct that is the subject of the disciplinary board final decision. ((When necessary, applicants may be employed on a conditional basis pending completion of such a background investigation.)) (2) The legislature also finds that the state board of education may request of the Washington state patrol criminal identification system information regarding a certificate applicant's record for convictions under subsection (1) of this section. (3) The legislature also finds that law enforcement agencies, the office of the attorney general, prosecuting authorities, and the department of social and health services may request this same information to aid in the investigation and prosecution of child, developmentally disabled person, and vulnerable adult abuse cases and to protect children and adults from further incidents of abuse. (4) The legislature further finds that the department of social and health services((,))must consider the information listed in subsection (1) of this section in the following circumstances: (a) When considering persons for state positions directly responsible for the care, supervision, or treatment of children, developmentally disabled persons, or vulnerable adults ((or));(b) When licensing ((or authorizing such persons or)) agencies ((pursuant to its authority)) or facilities with individuals in positions directly responsible for the care, supervision, or treatment of children, developmentally disabled persons, or vulnerable adults, including but not limited to agencies or facilities licensed under chapter 74.15((,)) or 18.51((, 18.20, or 72.23)) RCW((, or any later-enacted statute which purpose is to license or regulate a facility which handles vulnerable adults, must consider the information listed in subsection (1) of this section));(c) When contracting with individuals or businesses or organizations for the care, supervision, or treatment of children, developmentally disabled persons, or vulnerable adults, including but not limited to services contracted for under chapter 18.20, 18.48, 70.127, 70.128, 72.36, or 74.39A RCW or Title 71A RCW. ((However, when necessary)) (5) Whenever a state conviction record check is required by state law, persons may be employed or engaged as volunteers or independent contractors on a conditional basis pending completion of the state background investigation. Whenever a national criminal record check through the federal bureau of investigation is required by state law, a person may be employed or engaged as a volunteer or independent contractor on a conditional basis pending completion of the national check. The Washington personnel resources board shall adopt rules to accomplish the purposes of this subsection as it applies to state employees. (6)(a) For purposes of facilitating timely access to criminal background information and to reasonably minimize the number of requests made under this section, recognizing that certain health care providers change employment frequently, health care facilities may, upon request from another health care facility, share copies of completed criminal background inquiry information. (b) Completed criminal background inquiry information may be shared by a willing health care facility only if the following conditions are satisfied: The licensed health care facility sharing the criminal background inquiry information is reasonably known to be the person's most recent employer, no more than twelve months has elapsed from the date the person was last employed at a licensed health care facility to the date of their current employment application, and the criminal background information is no more than two years old. (c) If criminal background inquiry information is shared, the health care facility employing the subject of the inquiry must require the applicant to sign a disclosure statement indicating that there has been no conviction or finding as described in RCW 43.43.842 since the completion date of the most recent criminal background inquiry. (d) Any health care facility that knows or has reason to believe that an applicant has or may have a disqualifying conviction or finding as described in RCW 43.43.842, subsequent to the completion date of their most recent criminal background inquiry, shall be prohibited from relying on the applicant's previous employer's criminal background inquiry information. A new criminal background inquiry shall be requested pursuant to RCW 43.43.830 through 43.43.842. (e) Health care facilities that share criminal background inquiry information shall be immune from any claim of defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of this information in accordance with this subsection. (f) Health care facilities shall transmit and receive the criminal background inquiry information in a manner that reasonably protects the subject's rights to privacy and confidentiality. (g) For the purposes of this subsection, "health care facility" means a nursing home licensed under chapter 18.51 RCW, a boarding home licensed under chapter 18.20 RCW, or an adult family home licensed under chapter 70.128 RCW. Sec. 525. RCW 43.20A.710 and 1993 c 210 s 1 are each amended to read as follows: (1) The secretary shall investigate the conviction records, pending charges or disciplinary board final decisions of: (((1))) (a) Persons being considered for state employment in positions directly responsible for the supervision, care, or treatment of children or individuals with mental illness or developmental disabilities; and (((2)))(b) Individual providers who are paid by the state for in-home services and hired by individuals with physical disabilities, developmental disabilities, mental illness, or mental impairment, including but not limited to services provided under chapter 74.39A RCW. (2) The investigation may include an examination of state and national criminal identification data ((and the child abuse and neglect register established under chapter 26.44 RCW. The secretary shall provide the results of the state background check on individual providers to the individuals with physical disabilities, developmental disabilities, mental illness, or mental impairment who hired them and to their legal guardians, if any)). The secretary shall use the information solely for the purpose of determining the character, suitability, and competence of these applicants ((except that in the case of individuals with physical disabilities, developmental disabilities, mental illness, or mental impairment who employ individual providers, the)). (3) The secretary shall provide the results of the state background check on individual providers to the individuals with physical disabilities, developmental disabilities, mental illness, or mental impairment or to their legal guardians, if any, for their determination of the character, suitability, and competence of the applicants ((shall be made by the individual with a physical disability, developmental disability, mental illness, or mental impairment)). If an individual elects to hire or retain an individual provider after receiving notice from the department that the applicant has a conviction for an offense that would disqualify the applicant from employment with the department, then the secretary may deny payment for any subsequent services rendered by the disqualified individual provider. (4) Criminal justice agencies shall provide the secretary such information as they may have and that the secretary may require for such purpose. ((If necessary, persons may be employed on a conditional basis pending completion of the background investigation.)) Sec. 526. RCW 18.52C.010 and 1988 c 243 s 1 are each amended to read as follows: The legislature intends to protect the public's right to high quality health care by assuring that nursing pools employ, procure or refer competent and qualified ((nursing)) health care or long-term care personnel, and that such ((nursing)) personnel are provided to health care facilities, agencies, or individuals in a way to meet the needs of residents and patients. Sec. 527. RCW 18.52C.020 and 1991 c 3 s 130 are each amended to read as follows: Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Secretary" means the secretary of the department of health. (2) "Health care facility" means a nursing home, hospital, hospice care facility, home health care agency, hospice agency, boarding home, adult family home, group home, or other entity for the delivery of health care or long-term care services, including chore services provided under chapter 74.39A RCW. (3) "Nursing home" means any nursing home facility licensed pursuant to chapter 18.52 RCW. (4) "Nursing pool" means any person engaged in the business of providing, procuring, or referring health care or long-term care personnel for temporary employment in health care facilities, such as licensed nurses or practical nurses, ((and)) nursing assistants, and chore service providers. "Nursing pool" does not include an individual who only engages in providing his or her own services. (5) "Person" includes an individual, firm, corporation, partnership, or association. Sec. 528. RCW 18.52C.040 and 1991 c 3 s 132 are each amended to read as follows: (1) The nursing pool shall document that each temporary employee or referred independent contractor provided or referred to health care facilities currently meets the applicable minimum state credentialing requirements. (2) The nursing pool shall not require, as a condition of employment or referral, that employees or independent contractors of the nursing pool recruit new employees or independent contractors for the nursing pool from among the permanent employees of the health care facility to which the nursing pool employee or independent contractor has been assigned or referred. (3) The nursing pool shall carry professional and general liability insurance to insure against any loss or damage occurring, whether professional or otherwise, as the result of the negligence of its employees, agents or independent contractors for acts committed in the course of their employment with the nursing pool: PROVIDED, That a nursing pool that only refers self-employed, independent contractors to health care facilities shall carry professional and general liability insurance to cover its own liability as a nursing pool which refers self-employed, independent contractors to health care facilities: AND PROVIDED FURTHER, That it shall require, as a condition of referral, that self-employed, independent contractors carry professional and general liability insurance to insure against loss or damage resulting from their own acts committed in the course of their own employment by a health care facility. (4) The uniform disciplinary act, chapter 18.130 RCW, shall govern the issuance and denial of registration and the discipline of persons registered under this chapter. The secretary shall be the disciplinary authority under this chapter. (5) The nursing pool shall conduct a criminal background check on all employees and independent contractors as required under RCW 43.43.842 prior to employment or referral of the employee or independent contractor. NEW SECTION. Sec. 529. A new section is added to chapter 43.43 RCW to read as follows: If information is released under this chapter by the state of Washington, the state and its employees: (1) Make no representation that the subject of the inquiry has no criminal record or adverse civil or administrative decisions; (2) make no determination that the subject of the inquiry is suitable for involvement with a business or organization; and (3) are not liable for defamation, invasion of privacy, negligence, or any other claim in connection with any lawful dissemination of information. NEW SECTION. Sec. 530. The following acts or parts of acts are each repealed: (1) RCW 74.39.030 and 1989 c 427 s 11; (2) RCW 74.39.040 and 1989 c 427 s 13; (3) RCW 74.39A.005 and 1993 c 508 s 1; and (4) RCW 74.39A.008 and 1995 1st sp.s. c 18 s 1.NEW SECTION. Sec. 531. Part headings and captions used in this act are not part of the law. NEW SECTION. Sec. 532. Section 403 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately." On page 1, line 2 of the title, after "act;" strike the remainder of the title and insert "amending RCW 70.129.010, 70.129.030, 70.129.110, 70.129.150, 74.39A.030, 74.39A.040, 74.39A.050, 74.39A.060, 70.129.105, 74.42.030, 74.42.450, 43.20B.080, 74.34.010, 74.39A.170, 70.128.175, 9A.42.010, 9A.42.050, 9A.42.020, 9A.42.030, 9A.44.010, 9A.44.050, 9A.44.100, 18.130.200, 43.43.842, 70.124.020, 70.124.040, 70.124.070, 74.34.020, 43.43.832, 43.20A.710, 18.52C.010, 18.52C.020, and 18.52C.040; reenacting and amending RCW 18.130.040; adding a new section to chapter 74.39A RCW; adding a new section to chapter 70.124 RCW; adding new sections to chapter 74.34 RCW; adding new sections to chapter 18.20 RCW; adding a new section to chapter 43.20B RCW; adding a new section to chapter 43.70 RCW; adding a new section to chapter 18.51 RCW; adding new sections to chapter 9A.42 RCW; adding a new section to chapter 43.43 RCW; creating new sections; repealing RCW 74.39.030, 74.39.040, 74.39A.005, and 74.39A.008; and declaring an emergency.", and the bill do pass as recommenced by the Conference Committee.
Signed by Senators Deccio, Benton; Representatives Dyer, Backlund, Cody.
MOTIONS
On motion of Senator Deccio, the Senate did not adopt the Second Report of the Conference Committee on Engrossed Second Substitute House Bill No. 1850.
On motion of Senator Deccio, the Second Report of the Conference Committee on Engrossed Second Substitute House Bill No. 1850 was returned to the Conference Committee.
MESSAGE FROM THE HOUSE
April 23, 1997
MR. PRESIDENT:
The House insists on its position regarding the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1730 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Chandler, Mastin, Linville.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Johnson moved that the Senate refuse to grant the request of the House for a conference on Engrossed Substitute House Bill No. 1730 and the Senate amendment(s) thereto.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Johnson that the Senate refuse to grant the request of the House for a conference on Engrossed Substitute House Bill No. 1730 and the Senate amendment(s) thereto.
The motion by Senator Johnson carried and the Senate refuses to grant the request of the House for a conference on Engrossed Substitute House Bill No. 1730 and the Senate amendment(s) thereto.
MOTIONS
On motion of Senator Johnson, the Senate withdrew the Committee on Agriculture and Environment striking amendment that was adopted April 14, 1997.
On motion of Senator Johnson, the rules were suspended and Engrossed Substitute House Bill No. 1730 was returned to second reading and read the second time.
MOTIONS
On motion of Senator Morton, the following amendments were considered simultaneously and were adopted, under suspension of the rules:
On page 3, line 8, after ";" insert "or" On page 3, beginning on line 11, after "leased" strike all material through "chapter" on line 14 On motion of Senator Morton, the rules were suspended, Engrossed Substitute House Bill No. 1730, as amended by the Senate under suspension of the rules, 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 House Bill No. 1730, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1730, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 30; Nays, 16; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Johnson, Long, Loveland, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, Winsley, Wood and Zarelli - 30. Voting nay: Senators Brown, Fairley, Franklin, Fraser, Heavey, Jacobsen, Kline, Kohl, McAuliffe, Patterson, Prentice, Sheldon, Spanel, Swanson, Thibaudeau and Wojahn - 16. Excused: Senators McCaslin, Snyder and West - 3. ENGROSSED SUBSTITUTE HOUSE BILL NO. 1730, as amended by the Senate 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.
MOTION
On motion of Senator Johnson, the Senate advanced to the seventh order of business.
There being no objection, the Senate resumed consideration of Substitute House Bill No. 1118, without the Senate amendment(s), which was deferred April 24, after the motion carried that the bill be reconsidered.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1118, without the Senate amendment(s) on reconsideration.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1118, without the Senate amendment(s) on reconsideration, and the bill passed the Senate by the following vote: Yeas, 33; Nays, 13; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Fraser, Hale, Hargrove, Haugen, Hochstatter, Horn, Johnson, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Stevens, Strannigan, Swecker, Winsley, Wood and Zarelli - 33. Voting nay: Senators Fairley, Franklin, Goings, Heavey, Jacobsen, Kline, Kohl, Patterson, Prentice, Spanel, Swanson, Thibaudeau and Wojahn - 13. Excused: Senators McCaslin, Snyder and West - 3.SUBSTITUTE HOUSE BILL NO. 1118, without the Senate amendment(s) on reconsideration, 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 4:33 p.m., on motion of Senator Johnson, the Senate was declared to be at ease.
The Senate was called to order at 7:23 p.m. by President Owen.
MOTION
On motion of Senator Johnson, the Senate returned to the fourth order of business.
MESSAGES FROM THE HOUSE
April 26, 1997
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on SUBSTITUTE HOUSE BILL NO. 1418 and has passed the bill as recommended by the Conference Committee.
TIMOTHY A. MARTIN, Chief Clerk
April 26, 1997
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on SUBSTITUTE HOUSE BILL NO. 1565 and has passed the bill as recommended by the Conference Committee.
TIMOTHY A. MARTIN, Chief Clerk
April 26, 1997
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1730 and has passed the bill as amended by the Senate.
TIMOTHY A. MARTIN, Chief Clerk
April 26, 1997
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to SECOND SUBSTITUTE HOUSE BILL NO. 2054 and passed the bill as amended by the Senate.
TIMOTHY A. MARTIN, Chief Clerk
April 26, 1997
MR. PRESIDENT:
The Speaker has signed:
ENGROSSED SENATE BILL NO. 5354,
SENATE BILL NO. 5484,
SUBSTITUTE SENATE BILL NO. 5781, and the same are herewith transmitted.
TIMOTHY A. MARTIN , Chief Clerk
April 26, 1997
MR. PRESIDENT:
The House has passed ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 5074, and the same is herewith transmitted.
TIMOTHY A. MARTIN , Chief Clerk
April 26, 1997
MR. PRESIDENT:
The House has passed ENGROSSED SENATE BILL NO. 5565, and the same is herewith transmitted.
TIMOTHY A. MARTIN , Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE SENATE BILL NO. 5157,
SENATE BILL NO. 5253,
SUBSTITUTE SENATE BILL NO. 5270,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5710.
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5074,
SENATE BILL NO. 5460,
SENATE BILL NO. 5538,
ENGROSSED SENATE BILL NO. 5565.
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5082,
SUBSTITUTE SENATE BILL NO. 5327,
SUBSTITUTE SENATE BILL NO. 5336,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5491,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5574,
SENATE BILL NO. 5650,
SUBSTITUTE SENATE BILL NO. 5867,
SECOND SUBSTITUTE SENATE BILL NO. 5886,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5927.
MOTION
On motion of Senator Johnson, the Senate advanced to the eighth order of business.
MOTION
Senator McAuliffe moved that the following resolution be adopted:
SENATE RESOLUTION 1997-8676
By Senators McAuliffe, Franklin, Goings, Wood, Sheldon, Spanel, Swanson, Wojahn, Patterson, Rasmussen, Brown, Prentice, Haugen, Fairley, Hargrove, Bauer, Kohl, Kline, Hale, Jacobsen and Oke
WHEREAS, The Washington State Parent Teacher Association (PTA) serves children and families throughout the state by promoting educational excellence for all children; and
WHEREAS, 1997 marks one hundred years of the PTA serving as a voice for children in the schools and in the community; and
WHEREAS, The Washington State PTA has worked for the improvement of student learning and higher standards in our schools; and
WHEREAS, For one hundred years, the PTA has promoted the education, health, and safety of children and families; and
WHEREAS, Through hard work and perseverance, the PTA has successfully worked for the enactment of child labor laws, a public health service, hot lunch programs, a juvenile justice system, and mandatory childhood immunization programs; and
WHEREAS, The PTA has fought against narcotics and drug addiction, promoted automobile safety belt and child restraint legislation, and created the national HIV/AIDS education program for parents; and
WHEREAS, The PTA stresses the importance of parents being involved in the education of their children; and
WHEREAS, The PTA lives by the brisk philosophy of one of its founding mothers, Alice McLellan Birney, when she stated, "Let us have no more croaking as to what cannot be done; let us see what can be done, and above all see that it is done"; and
WHEREAS, The Washington State PTA carries out this philosophy through numerous programs including the Teddy Bear Patrol to give teddy bears to children who are hurt and the parent involvement program providing training for parents, educators, and the business community; and
WHEREAS, The Washington State PTA should be commended for its strong advocacy for the education, health, welfare, safety, care, and protection of children in the home, school, and community;
NOW, THEREFORE, BE IT RESOLVED, That the Senate honor and recognize the PTA's contribution to supporting the education, safety, health, and welfare of all children; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the PTA of the state of Washington.
Senator Johnson 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 Senate Resolution 1997-8676.
ROLL CALL
The Secretary called the roll on the adoption of Senate Resolution 1997-8676 and the resolution passed the Senate by the following vote:
Yeas, 46; Nays, 0; Absent, 2; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown,, Finkbeiner, Fraser, Hale, Hargrove, Haugen, Hochstatter, Horn, Johnson, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Stevens, Strannigan, Swecker, Wood and Zarelli - 46. Absent - Senators Deccio, Wojahn - 2. Excused Senator Winsley - 1.
PERSONAL PRIVILEGE
Senator McDonald: “I rise to a point of personal privilege. While we have three members absent--they are locked in mortal combat, I think, all in sundry Conference Committees around here, but they are all present and accounted for--forty-nine strong. It is awful good to have all forty-nine Senators here. One, Senator McCaslin, with just a little bit less gall and Senator Snyder, tan, rested and ready. We are happy to have you back.”
REMARKS BY SENATOR SNYDER
Senator Snyder: “Thank you, Mr. President. I want to thank Senator McDonald for those kind words.”
REPLY BY THE PRESIDENT
President Owen: “Senator Snyder, you know the rules. For what purpose do you rise, Senator Snyder?”
Senator Snyder: “I’ll tell you what happened. Bette’s rules at home are tougher than the Senate rules, so I decided to go back. A point of personal privilege. I do want to extend my thanks to each and everyone of you and all the cards, letters, notes and faxes and E-mails that I had and the encouragement from most everybody, that I should return. About three o’clock this afternoon, I said to Bette, ‘I think it is time I went back,’ and she said, ‘So, do I.’ Anyhow, it was about twenty minutes and we were in our car on the way and thanks for the warm welcome. I’ll do my best to behave most of the time.”
PERSONAL PRIVILEGE
Senator Franklin: “Mr. President, I rise to a point of personal privilege. Thank you, Mr. President, I am so happy that I don’t have to stand up every morning and say, ‘Mr. President, I move that Senator Snyder be excused.’”
PERSONAL PRIVILEGE
Senator McAuliffe: “Thank you, Mr. President. A point of personal privilege. I would like to recognize Bette Snyder who, I am sure, had a lot to do with helping bring Sid Snyder back to the Senate. I want to thank you.”
MOTION
Senator West moved that the following resolution be adopted:
SENATE RESOLUTION 1997-8664
By Senators West, Prince, Morton, McCaslin, Hochstatter and Brown
WHEREAS, The Playfair Race Course in Spokane is the oldest Class 1 Thoroughbred and Arabian Horse Race Track in the state of Washington, and is the oldest Thoroughbred Horse Race Track west of the Mississippi River; and
WHEREAS, The Playfair Race Course has long been the premier horse race track for the Inland Empire which includes Idaho, Montana, and British Columbia and Alberta, Canada; and
WHEREAS, Thoroughbred and Arabian horse owners, breeders, trainers, and many other industry-related professions rely on live racing at the Playfair Race Course for their livelihoods; and
WHEREAS, Live Thoroughbred and Arabian horse racing is primarily a fair weather, outdoor, spectator sport;
NOW, THEREFORE, BE IT RESOLVED, By the Senate of the state of Washington, That, in order to preserve the integrity and viability of the Playfair Race Course as a state of Washington treasure and economic resource and to promote and maintain fan attendance at Class 1 horse racing facilities, the Horse Racing Commission shall ensure that live Thoroughbred and Arabian horse racing is scheduled at Playfair Race Course during seasons with weather conditions generally conducive to outdoor fan participation, which in turn will encourage optimum industry participation and fan attendance.
POINT OF ORDER
Senator Heavey: “A point of order, Mr. President. Is it appropriate, in a Senate Resolution, to order a state agency--as to policy? The resolution before us says, ‘The Horse Racing Commission shall ensure that live Thoroughbred and Arabian horse racing is scheduled at Playfair Race Course during seasons with weather conditions.’ Is that an appropriate thing to put in a resolution?”
REPLY BY THE PRESIDENT
President Owen: “The President believes that if it is the will of the body, then it should be in the resolution.”
The President declared the question before the Senate to be the adoption of Senate Resolution 1997-8664.
The motion by Senator West carried and Senate Resolution 1997-8664 was adopted.
Senators West, Brown, Heavey and McCaslin spoke to Senate Resolution 1997-8664.
PERSONAL PRIVILEGE
Senator McCaslin: “A point of personal privilege, Mr. President. I have been home talking to myself and I think my voice is a little weak,
but I do have a few comments to make. I want to thank the President for his flowers. I want to thank the Democratic caucus and the Republican caucus for their flowers and I want to thank the individuals who sent loving notes, because we are a fraternity here and when someone is ill--or when a family member is ill--I think that is when we come together and show our love and esprit de corps and the camaraderie that we all share. Believe me, it is very, very important to all of us. I had a very bad day Sunday and Monday and thank God for my finance, Linda Callahan, who spent ten, twelve or fourteen hours with me at the hospital. I waited, I think about eight hours, for an operating room.
“Anyway, having said that, if you have a choice between open heart surgery and gall bladder surgery, believe me, take the open heart. It is much easier. Obviously, you know, I wasn’t out for a hair transplant. If I was, they sure failed miserably. They did an excellent job on me and St. Peters is a wonderful hospital. Obviously, I didn’t get here in good health, but I am leaving here in excellent health. I do appreciate, from the bottom of my heart, the love that you shared with me during my illness. Thank you very much.”
MOTION
On motion of Senator Johnson, the Senate advanced to the ninth order of business.
MOTION
Senator Schow moved that the Conference Committee be relieved of Second Substitute House Bill No. 1201.
POINT OF INQUIRY
Senator Snyder: “Senator Schow, do you intend to appoint a new Conference Committee? What’s the program, please?”
Senator Schow: “It is my intention that this will go back to the House and we will insist on our position that we sent over there and hope they will pass it out.”
The President declared the question before the Senate to be the motion by Senator Schow to relieve the Conference Committee of Second Substitute House Bill No. 1201.
The motion carried and the Conference Committee was relieved of further consideration of Second Substitute House Bill No. 1201.
MOTION
On motion of Senator Johnson, the Senate insists on its position regarding the Senate amendment(s) to Second Substitute House Bill No. 1201 and asks the House to concur therein.
MESSAGE FROM THE HOUSE
April 26, 1997
MR. PRESIDENT:
The House has passed ENGROSSED HOUSE BILL NO. 2255, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Johnson, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING OF HOUSE BILL
EHB 2255 by Representatives Sehlin, Sullivan and D. Sommers (by request of Governor Locke)
Adopting the capital budget.
MOTION
At 7:54 p.m, on motion of Senator Johnson, the Senate recessed until 8:15 p.m.
The Senate was called to order at 8:16 p.m. by President Owen.
MOTIONS
On motion of Senator Johnson, the rules were suspended and Engrossed House Bill No. 2255 was advanced to second reading and placed on the second reading calendar.
On motion of Senator Johnson, further consideration of Engrossed House Bill No. 2255 was deferred.
MOTION
On motion of Senator Johnson, the Senate returned to the fourth order of business.
MESSAGE FROM THE HOUSE
April 26, 1997
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2259, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Johnson, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING OF HOUSE BILL
ESHB 2259 by House Committee on Appropriations (originally sponsored by Representatives Huff, H. Sommers, Dickerson and Conway) (by request of Governor Locke)
Making appropriations for the fiscal biennium ending June 30, 1999.
MOTION
On motion of Senator Johnson, the rules were suspended and Engrossed Substitute House Bill No. 2259 was advanced to second reading and placed on the second reading calendar.
MOTION
On motion of Senator Johnson, the Senate advanced to the sixth order of business.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2259, by House Committee on Appropriations (originally sponsored by Representatives Huff, H. Sommers, Dickerson and Conway) (by request of Governor Locke)
Making appropriations for the fiscal biennium ending June 30, 1999.
The bill was read the second time.
MOTION
Senator Fairley moved that the following amendments be considered simultaneously and be adopted:
On page 13, line 17, increase the general fund-state appropriation by $2,500,000 On page 13, line 18, increase the general fund-state appropriation by $2,500,000Adjust the total appropriation accordingly.On page 15, after line 13, insert the following: "(h) $2,500,000 of the general fund-state fiscal year 1998 appropriation and $2,500,000 of the general fund-state fiscal year 1999 appropriation are provided solely for the community juvenile accountability program pursuant to Engrossed Third Substitute House Bill 3900 (revising the juvenile code). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse." Debate ensued.
MOTION
On motion of Senator Fairley, and there being no objection, the amendments on page 13, lines 17 and 18, and page 15, after line 13, to Engrossed Substitute House Bill No. 2259 were withdrawn.
MOTION
Senator Kohl moved that the following amendments be considered simultaneously and be adopted:
On page 20, line 38, strike "24,572,000" and insert "((24,572,000)) 24,806,000" On page 21, line 1, strike "23,956,000" and insert "((23,956,000))24,385,000" On page 21, line 2, strike "40,352,000" and insert "((40,352,000))40,650,000" Adjust the total appropriation on page 21, line 4 accordingly. On page 21, after line 30, insert the following: (6) $234,000 of the fiscal year 1998 general fund--state appropriation, $429,000 of the fiscal year 1999 general fund--state appropriation, and $298,000 of the general fund--federal appropriation are provided solely for payment of background checks for department employees as specified in Second Substitute Senate Bill No. 5528 (background checks). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse.” On page 27, line 27, strike "62,996,000" and insert "63,130,000" On page 27, line 29, strike "65,741,000" and insert "65,875,000" On page 27, line 33, strike "36,038,000" and insert "((36,038,000))37,453,000" On page 32, after line 15, insert the following: "(23) $134,000 of the fiscal year 1998 general fund--state appropriation, $134,000 of the fiscal year 1999 general fund--state appropriation and $1,415,000 of the health professions account appropriation are provided solely to implement the background check provisions related to health professionals in Second Substitute Senate Bill No. 5528 (background checks). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse. The department is authorized to raise existing fees to professions subject to background checks as provided in Second Substitute Senate Bill No. 5528 (background checks) in excess of the fiscal growth factor established by Initiative Measure No. 601, if necessary, to meet the actual costs of implementing background checks.” On page 50, after line 3, insert the following:
"PART IVTRANSPORTATION Sec. 401. 1997 c 149 s 401 (uncodified) is amended to read as follows:FOR THE STATE PATROLGeneral Fund--State Appropriation (FY 1998). .. . . . . . . . .$ ((7,712,000))
7,722,000General Fund--State Appropriation (FY 1999). . . . . .. . . . . . .$ ((7,850,000))7,860,000General Fund--Federal Appropriation. . . . . . . . . . . . . . .$3,990,000General Fund--Private/Local Appropriation$341,000Public Safety and Education Account Appropriation$4,652,000County Criminal Justice Assistance Account Appropriation.$3,905,000Municipal Criminal Justice Assistance Account Appropriation$1,573,000Fire Service Trust Account Appropriation$92,000Fire Service Training Account Appropriation. . . . . . . . . . .$1,762,000State Toxics Control Account Appropriation$439,000Violence Reduction and Drug Enforcement Account Appropriation$310,000Fingerprint Identification Account Appropriation. . . . . . .$3,082,000TOTAL APPROPRIATION$((35,708,000))35,728,000The appropriations in this section are subject to the following conditions and limitations:(1) $254,000 of the fingerprint identification account appropriation is provided solely for an automated system that will facilitate the access of criminal history records remotely by computer or telephone for preemployment background checks and other non-law enforcement purposes. The agency shall submit an implementation status report to the office of financial management and the legislature by September 1, 1997.(2) $264,000 of the general fund--federal appropriation is provided solely for a feasibility study to develop a criminal investigation computer system. The study will report on the feasibility of developing a system that uses incident-based reporting as its foundation, consistent with FBI standards. The system will have the capability of connecting with local law enforcement jurisdictions as well as fire protection agencies conducting arson investigations. The study will report on the system requirements for incorporating case management, intelligence data, imaging, and geographic information. The system will also provide links to existing crime information databases such as WASIS and WACIC. The agency shall submit a copy of the proposed study workplan to the office of financial management and the department of information services for approval prior to expenditure. A final report shall be submitted to the appropriate committees of the legislature, the office of financial management, and the department of information services no later than June 30, 1998.(3) $10,000 of the general fund--state fiscal year 1998 appropriationand $10,000 of the general fund--state fiscal year 1998 appropriation are provided solely for implementation of Second Substitute Senate Bill No. 5528 (background checks). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse."Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Kohl on pages 20, 21(3), 27(3), 32 and 50 to Engrossed Substitute House Bill No. 2259.
The motion by Senator Kohl failed and the amendments were not adopted.
MOTION
Senator Thibaudeau moved that the following amendments by Senators Thibaudeau, Swanson, McAuliffe, Brown, Patterson, Goings, Sheldon, Spanel and Fraser be considered simultaneously and be adopted:
On page 24, line 23, increase the FY 1998 general fund--state appropriation by $5,187,000 On page 24, line 24, increase the FY 1999 general fund--state appropriation by $5,937,000 Adjust the total appropriation accordingly. On page 24, line 31, after "(1)" strike "The" and insert "$5,187,000 of the general fund--state appropriation for fiscal year 1998 and $5,937,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to expand enrollments in the basic health plan by a monthly average of 5,000 persons during fiscal year 1998 and 1999. The remainder of the" Debate ensued.
Senator Sheldon 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 amendments by Senators Thibaudeau, Swanson, McAuliffe, Brown, Patterson, Goings, Sheldon, Spanel and Fraser on page 24, lines 23 , 24 and 31, to Engrossed Substitute House Bill No. 2259.
ROLL CALL
The Secretary call the roll and the amendments were not adopted by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 23. Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26.
POINT OF INQUIRY
Senator Heavey : “Senator West, is it your intent that the language on page 27, line 12, after ‘of’ which says that Substitute House Bill No. 1903, contractor registration, should say ‘Senate Bill No. 5749, medical gas pipe installer?’”
Senator West: “Yes, Senator Heavey, this was a minor drafting error that will and can be corrected in the Code Revisor’s Office, following this Q and A. We did intend for Substitute Bill No. 5749, pipe installer certification, to be referenced on that line. In the drafting, we just picked up the wrong reference.”
MOTION
Senator Bauer moved that the following amendments by Senators Bauer, Snyder, Loveland, Kohl, Spanel, Fairley, Rasmussen, Fraser and Hargrove be considered simultaneously and be adopted:
On page 37, line 4, increase the general fund-state appropriation for fiscal year 1998 by $143,000. On page 37, line 5, increase the general fund-state appropriation for fiscal year 1999 by $140,000. On page 37, line 6, increase the general fund--private/local appropriation by 228,000. Adjust the total appropriation accordingly. On page 37, starting on line 8, strike everything starting with "The appropriations" through "county." on line 18. On page 37, after line 7, insert the following: "(1) $297,000 of the general fund-state appropriation for fiscal year 1998 and $304,000 of the general fund-state appropriation for fiscal year 1999 are provided solely for the commission to continue to carry out its mandated duties under the Columbia river gorge national scenic area act. (2) $59,000 of the general fund-state appropriation for fiscal year 1998 and $58,000 of the general-fund state appropriation for fiscal year 1999 are provided solely for a program to monitor implementation of the Columbia river gorge national scenic management plan.” Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Bauer, Snyder, Loveland, Kohl, Spanel, Fairley, Rasmussen, Fraser and Hargrove on page 37, lines 4, 5, 6, 7 and 8, to Engrossed Substitute House Bill No. 2259.
The motion by Senator Bauer failed and the amendments were not adopted.
MOTION
Senator Rasmussen moved that the following amendment be adopted:
On page 44, after line 6, insert the following: "(24) From within the appropriations provided in this section, the department shall prepare a review of its program regarding the exercise of the state's water quality certification authority under section 401 of the federal water pollution control act amendments of 1972, 32 U.S.C. Section 1341. The review shall include an assessment of the effectiveness of its policies and procedures to provide for public review and comment upon proposed certifications, including the provision of at least one public hearing upon the proposed 401 certification decision, and the disposition of certifications issued by the state in the event that the proposed federal license or permit is denied or otherwise not provided. The review shall evaluate the status of certifications issued from July 1, 1992 to the present, and determine whether that status should be modified in cases in which the federal permit or license to which the certification was directed was denied or otherwise not issued. The review shall include the department's recommendations for improvements in its existing policies and procedures, and shall be provided to the appropriate standing committees of the legislature by December 31, 1997." Renumber the 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 Rasmussen on page 44, after line 6, to Engrossed Substitute House Bill No. 2259.
The motion by Senator Rasmussen failed and the amendment was not adopted.
MOTION
Senator Loveland moved that the following amendment by Senators Loveland, McAuliffe, Brown, Spanel, Kohl and Goings be adopted:
On page 57, after line 8, insert the following: "(s) $1,900,000 of the general fund — state appropriation is provided for the primary intervention and prevention program to be distributed as recommended by the superintendent of public instruction." Correct the total appropriations appropriately. Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Loveland, McAuliffe, Brown, Spanel, Kohl and Goings on page 57, after line 8, to Engrossed Substitute House Bill No. 2259.
The motion by Senator Loveland failed and the amendment was not adopted.
MOTION
Senator McAuliffe moved that the following amendments by Senators Fraser, Kline, Sheldon, Haugen, McAuliffe, Franklin, Swanson, Loveland, Bauer, Goings, Spanel, Kohl, Snyder, Heavey, Patterson, Jacobsen, Brown and Thibaudeau be considered simultaneously and be adopted:
On page 60, beginning on line 1, strike all of section 503 and insert the following: "NEW SECTION. Sec. 503. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR SCHOOL EMPLOYEE COMPENSATION ADJUSTMENTSGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $67,009,000General Fund Appropriation (FY 1999)$167,555,000TOTAL APPROPRIATION$234,564,000The appropriations in this section are subject to the following conditions and limitations: (1) $214,813,000 is provided for a cost of living adjustment of 2.5 percent effective September 1, 1997, and an additional 2.5 percent effective September 1, 1998, for state formula staff units. The appropriations include associated incremental fringe benefit allocations at rates of 19.58 percent for certificated staff and 15.15 percent for classified staff. (a) The appropriations in this section include the increased portion of salaries and incremental fringe benefits for all relevant state-funded school programs in part V of this act. Salary adjustments for state employees in the office of superintendent of public instruction and the education reform program are provided in part VII of this act. Increases for general apportionment (basic education) are based on the salary allocation schedules and methodology in section 502 of this act. Increases for special education result from increases in each district's basic education allocation per student. Increases for educational service districts and institutional education programs are determined by the superintendent of public instruction using the methodology for general apportionment salaries and benefits in section 502 of this act.(b) The appropriations in this section provide salary increase and incremental fringe benefit allocations based on formula adjustments as follows: (i) For pupil transportation, an increase of $0.50 per weighted pupil-mile for the 1997-98 school year and $1.02 for the 1998-99 school year; (ii) For education of highly capable students, an increase of $5.67 per formula student for the 1997-98 school year and $11.49 for the 1998-99 school year; and (iii) For transitional bilingual education, an increase of $14.74 per eligible bilingual student for the 1997-98 school year and $29.85 for the 1998-99 school year; and (iv) For learning assistance, an increase of $7.28 per entitlement unit for the 1997-98 school year and $14.75 for the 1998-99 school year. (c) The appropriations in this section include $1,109,000 for salary increase adjustments for substitute teachers at a rate of $8.87 per unit in the 1997-98 school year and $17.95 in the 1998-99 school year. (2) $19,751,000 is provided for adjustments to insurance benefit allocations. The maintenance rate for insurance benefit allocations is $314.51 per month for the 1997-98 and 1998-99 school years. The appropriations in this section provide increases of $2.83 per month for the 1997-98 school year and $18.41 per month for the 1998-99 school year at the following rates: (a) For pupil transportation, an increase of $0.03 per weighted pupil-mile for the 1997-98 school year and $0.19 for the 1998-99 school year; (b) For education of highly capable students, an increase of $0.20 per formula student for the 1997-98 school year and $1.35 for the 1998-99 school year; (c) For transitional bilingual education, an increase of $.46 per eligible bilingual student for the 1997-98 school year and $3.44 for the 1998-99 school year; and (d) For learning assistance, an increase of $.36 per funded unit for the 1997-98 school year and $2.70 for the 1998-99 school year.(3) The rates specified in this section are subject to revision each year by the legislature. (4)(a) For the 1997-98 school year, the superintendent shall prepare a report showing the allowable derived base salary for certificated instructional staff in accordance with RCW 28A.400.200 and LEAP Document 12D, and the actual derived base salary paid by each school district as shown on the S-275 report and shall make the report available to the fiscal committees of the legislature no later than February 15, 1998. (b) For the 1998-99 school year, the superintendent shall reduce the percent of salary increase funds provided in this section for certificated instructional staff in the basic education and special education programs by the percentage by which a district exceeds the allowable derived base salary for certificated instructional staff as shown on LEAP Document 12D. (5) Cost-of-living funds provided to school districts under this section for classified staff shall be distributed to each and every formula funded employee at 3.0 percent, effective September 1, 1997." On page 87, after line 14, insert the following: "NEW SECTION. Sec. 704. FOR THE OFFICE OF FINANCIAL MANAGEMENT -- IMPLEMENT A PORTION OF THE OF THE COST OF LIVING INCREASEGeneral Fund Appropriations (FY 1999). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $19,949,000The appropriations in this section shall be expended solely for the purposes designated in this section and are subject to the conditions and limitation in this section. (1) Additional funding of $19,949,000 of the state general fund is appropriated for FY 99 to the Office of Financial Management for distribution to public institutions of higher education to implement a 2.5% salary increase on July 1, 1997 and to a 2.5% salary increase on July 1, 1998. The Office of Financial Management shall hold in reserve $4,810,000 in the appropriations for cost of living salary increases in excess of the need for FY 98." On page 86, beginning on line 16, strike all of section 703 and insert the following:"NEW SECTION. Sec. 703. SALARY COST OF LIVING ADJUSTMENTGeneral Fund--State Appropriation (FY 1998). . $ 25,859,000General Fund--State Appropriation (FY 1999)$53,123,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $22,225,000Salary and Insurance Increase Revolving Account Appropriation$61,585,000TOTAL APPROPRIATION$162,792,000The appropriations in this section shall be expended solely for the purposes designated in this section and are subject to the conditions and limitations in this section: (1) In addition to the purposes set forth in subsections (2) and (3) of this section, appropriations in this section are provided solely for a 2.5 percent salary increase effective July 1, 1997, and a 2.5 percent increase effective July 1, 1998, for all classified employees (including those employees in the Washington management service) and exempt employees under the jurisdiction of the personnel resources board. (2) The appropriations in this section are sufficient to fund a 2.5 percent salary increase effective July 1, 1997, and a 2.5 percent increase effective July 1, 1998, for general government, legislative, and judicial employees exempt from merit system rules whose salaries are not set by the commission on salaries for elected officials. (3) The salary and insurance increase revolving account appropriation in this section includes funds sufficient to fund a 2.5 percent salary increase effective July 1, 1997, and a 2.5 percent increase effective July 1, 1998, for ferry workers consistent with the 1997-99 transportation appropriations act. (4) No salary increase may be paid under this section to any person whose salary has been Y-rated pursuant to rules adopted by the personnel resources board."Debate ensued.
DEMAND FOR PREVIOUS QUESTION
Senators Johnson, Stevens and West demanded the previous question and the demand was sustained.
POINT OF ORDER
Senator Heavey: “I believe the Senate rules demand that the specificity of the demand for the previous question has not been stated by the person who demanded it and it is required by the rules. So, I believe anybody else can speak.”
REPLY BY THE PRESIDENT
President Owen: “The President believes that the motion was properly put.”
Senator Sheldon 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 amendments by Senators Fraser, Kline, Sheldon, Haugen, McAuliffe, Franklin, Swanson, Loveland, Bauer, Goings, Spanel, Kohl, Snyder, Heavey, Patterson, Jacobsen, Brown and Thibaudeau on page 60, beginning on line 1, page 86, beginning on line 16, and page 87, after line 14, to Engrossed Substitute House Bill No. 2259.
ROLL CALL
The Secretary call the roll and the amendments were not adopted by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 23. Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26.
MOTION
Senator Brown moved that the following amendments by Senators Loveland, Brown, McAuliffe, Goings, Spanel and Kohl be considered simultaneously and be adopted:
On page 62, line 6, strike "89,605,000" and insert "96,798,000" On page 62, line 7, strike "173,952,000" and insert "181,145,000" On page 88, after line 34, insert the following: "The appropriations in this section are subject to the following conditions and limitations: $9,201,000 of the 1999 fiscal year appropriation shall lapse if legislation increasing levy equalization to 12 percent for calendar year 1999 is not enacted by June 30, 1997." Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Loveland, Brown, McAuliffe, Goings, Spanel and Kohl on page 62, lines 6 and 7, and page 88, after line 34, to Engrossed Substitute House Bill No. 2259.
The motion by Senator Brown failed and the amendments were not adopted.
MOTION
Senator McAuliffe moved that the following amendments by Senators Swanson, Sheldon, Loveland, Spanel, Fairley, McAuliffe, Goings, Rasmussen, Franklin, Kohl, Patterson, Snyder, Bauer and Thibaudeau be considered simultaneously and be adopted:
On page 65, line 16, strike "49,815,000" and insert "61,984,000".On page 65, line 17, strike "56,962,000" and insert "63,757,000".On page 65, line 18, strike "106,777,000" and insert "125,741,000".On page 65, after line 18, strike all the material down to and including "RCW 28A.510.250." on page 65, line 36, and insert the following:"(1) $69,804,000 is provided for grants to enhance the ability of instructional staff to teach and assess the student learning requirements with an emphasis on reading, writing, communication, and mathematics. Grants may be used to pay for supplemental contracts only if the activity paid for by the contract specifically enhances teaching or assessment of the essential academic learning requirements.(a) Allocations for the 1997-98 and 1998-99 school years shall be at a maximum rate of $36.69 per full-time equivalent student. Allocations shall be made between September 1 and June 30th of each school year."Debate ensued.
Senator Sheldon 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 amendments by Senators Swanson, Sheldon, Loveland, Spanel, Fairley, McAuliffe, Goings, Rasmussen, Franklin, Kohl, Patterson, Snyder, Bauer and Thibaudeau on page 65, lines 16, 17, and 18, to Engrossed Substitute House Bill No. 2259.
ROLL CALL
The Secretary call the roll and the amendments were not adopted by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 23. Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26..
MOTION
On motion of Senator West, the rules were suspended, Engrossed Substitute House Bill No. 2259 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
PARLIAMENTARY INQUIRY
Senator Goings: “A point of parliamentary inquiry, Mr. President. Reading from the bill on page 28, subsection 3, it goes on to say that ‘The Department is authorized to raise existing fees,’ and it goes on to say, ‘in excess of the fiscal growth factor established by Initiation 601.’ Would adoption of Engrossed Substitute House Bill No. 2259--would that language require anything other than a majority vote of the members?”
REPLY BY THE PRESIDENT
President Owen: “The President believes that it would take twenty-five votes, because in that language, it is existing language and is relative to fees.”
Further debate ensued.
PARLIAMENTARY INQUIRY
Senator Wojahn: “A parliamentary inquiry, Mr. President. I’m puzzled. On page one hundred forty-three of this document and I quote, ‘The department is authorized to raise existing fees for nursing assistants, hypnotherapists in excess of the fiscal growth factor established by Initiative 601, if necessary, in order to meet the actual costs of investigative and legal services due to disciplinary activities.’ We have just been told that the House of Representatives is going to require a two-thirds vote for the trauma bill. Now, that doesn’t make much sense to me, because here is a heavy one--it’s full--this budget bill is full of increases. There are some mentioned on page twenty-eight, this is on page one hundred forty-three and there are still about two hundred more pages to read, that probably have them, also. It puzzles me that one body could find that it was a majority in one case in the budget where they did not have two-thirds and in another bill, to kill it--requiring a two-thirds vote. I need an answer to that. Thank you.”
REPLY BY THE PRESIDENT
President Owen: “Senator Wojahn, the President can’t speak for the other house, but he is certain that he is correct for this one.”
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2259.
ROLL CALL
The Secretary call the roll on the final passage of Engrossed Substitute House Bill No. 2259 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 22; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hargrove, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 27. Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 22. ENGROSSED SUBSTITUTE HOUSE BILL NO. 2259, 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 Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING
SB 6111 by Senator Fairley
AN ACT Relating to the prohibition of engaging in the practice of chiropractic and spinal manipulation; amending RCW 18.74.010 and 18.74.035; and repealing RCW 18.74.085.
Referred to Committee on Health and Long-Term Care.
INTRODUCTION AND FIRST READING OF HOUSE BILL
.
HCR 4413 by Representative Robertson
Exempting the cutoff date requirements for House Bill No. 2192.
MOTION
On motion of Senator Johnson, the rules were suspended, House Concurrent Resolution No. 4413 was advanced to second reading and read the second time.
WHEREAS, Senate Concurrent Resolution No. 8402 established cutoff dates for consideration of legislation during the 1997 Regular Session of the Fifty-Fifth Legislature;
NOW, THEREFORE, BE IT RESOLVED, By the House of Representatives of the state of Washington, the Senate concurring, that the cutoff dates established in Senate Concurrent Resolution No. 8402 shall not apply to House Bill No. 2192.
MOTION
On motion of Senator Johnson, the rules were suspended, House Concurrent Resolution No. 4413 was advanced to third reading, the second reading considered the third, and the concurrent resolution was placed on final passage and adopted.
HOUSE CONCURRENT RESOLUTION NO. 4413 was adopted by voice vote.
MOTION
On motion of Senator Johnson, the Senate returned to the fourth order of business.
MESSAGE FROM THE HOUSE
April 25, 1997
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2192, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Johnson, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING OF HOUSE BILL
ESHB 2192 by House Committee on Trade and Economic Development (originally sponsored by Representatives Van Luven and Wolfe) (by request of Governor Locke)
Stating benefits of and setting requirements for a stadium and exhibition center.
MOTION
On motion of Senator Johnson, the rules were suspended, Engrossed Substitute House Bill No. 2192 was advanced to second reading and placed on the second reading calendar.
MOTION
On motion of Senator Johnson, the Senate advanced to the sixth order of business.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2192, by House Committee on Trade and Economic Development (originally sponsored by Representatives Van Luven and Wolfe) (by request of Governor Locke)
Stating benefits of and setting requirements for a stadium and exhibition center.
The bill was read the second time.
MOTION
On motion of Senator Deccio, the rules were suspended, Engrossed Substitute House Bill No. 2192 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 Heavey, Senate Rule 15 was suspended.
EDITOR’S NOTE: Rule 15 states: 'The senate shall convene at 10:00 a.m. each working day, unless adjourned to a different hour. The senate shall adjourn not later than 10:00 p.m. of each working day. The Senate shall recess ninety minutes for lunch each working day. When reconvening on the same day the senate shall recess ninety minutes for dinner each working evening. This rule may be suspended by a majority.’
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2192.
ROLL CALL
The Secretary call the roll on the final passage of Engrossed Substitute House Bill No. 2192 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 21; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Deccio, Finkbeiner, Goings, Hale, Heavey, Horn, Jacobsen, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Prentice, Rasmussen, Sellar, Sheldon, Snyder, Spanel, Swanson, Swecker, Thibaudeau, West, Winsley and Wood - 28. Voting nay: Senators Benton, Brown, Fairley, Franklin, Fraser, Hargrove, Haugen, Hochstatter, Johnson, Kline, McDonald, Oke, Patterson, Prince, Roach, Rossi, Schow, Stevens, Strannigan, Wojahn and Zarelli - 21. ENGROSSED SUBSTITUTE HOUSE BILL NO. 2192, 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, Engrossed Substitute House Bill No. 2192 was immediately transmitted to the House of Representatives.
There being no objection, the Senate resumed consideration of Engrossed House Bill No. 2255, deferred on second reading earlier today.
The bill was read the second time.
MOTION
Senator Loveland moved that the following amendment be adopted:
On page 1, after line 5, insert the following: "Sec. 1. 1997 c ... (SSB 6063) s 519 (uncodified) is amended to read as follows:FOR THE UNIVERSITY OF WASHINGTON Law School Building: Design (94-2-017)
In addition to any state appropriation for this project, at least one-third of all the costs of this project ($18,000,000), including the costs of design and consulting services, construction, and equipment, shall be derived from private matching funds.
The appropriation in this section is subject to the review and allotment procedures under section 712 of this act.. . Reappropriation:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UW Bldg Acct--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,140,000Appropriation:St Bldg Constr Acct--State$5,400,000Prior Biennia (Expenditures)$128,000Future Biennia (Projected Costs)$((35,000,000))29,600,000
-------------
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 36,268,000
Sec. 2. 1997 c ... (SSB 6063) s 526 (uncodified) is amended to read as follows:
FOR THE UNIVERSITY OF WASHINGTONFisheries Science-Oceanography Science Building: Construction (96-2-006) The appropriations in this section are subject to the following conditions and limitations:(1) The appropriation in this section is subject to the review and allotment procedures under section 712 of this act. (2) The department of general administration is directed, in keeping with section 152 of this act, to sell the Wellington Hills property as a means of partially offsetting the cost of this project with the proceeds of such sale being deposited into the state building and construction account. Reappropriation:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$3,449,850UW Bldg Acct--State$1,548,150
-------------
Subtotal Reappropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,998,000Appropriation:St Bldg Constr Acct--State$((33,590,000))29,190,000H Ed Constr Acct--State$32,507,000UW Bldg Acct--State. .$ ((2,834,154))2,234,154Subtotal Appropriation$68,931,154
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,865,597
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 77,794,751
Sec. 3. 1997 c ... (SSB 6063) s 533 (uncodified) is amended to read as follows:
FOR THE UNIVERSITY OF WASHINGTON. . . . . . . . . . . . . . . . . . . . . . . . . . . . .Minor works: Safety (98-1-001) The appropriation in this section shall support the detailed list of projects maintained by the office of financial management. Appropriation:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UW Bldg Acct--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $((3,700,000))3,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $((12,000,000))12,700,000
-------------
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,700,000
Sec. 4. 1997 c ... (SSB 6063) s 534 (uncodified) is amended to read as follows:
FOR THE UNIVERSITY OF WASHINGTON. . . . . . . . . . . . . . . . . . . . . . . Minor works: Preservation (98-1-002) The appropriation in this section shall support the detailed list of projects maintained by the office of financial management. Appropriation:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UW Bldg Acct--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $((5,346,075))4,346,075Prior Biennia (Expenditures)$0Future Biennia (Projected Costs)$((26,000,000))27,000,000
-------------
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,346,075
Sec. 5. 1997 c ... (SSB 6063) s 535 (uncodified) is amended to read as follows:
FOR THE UNIVERSITY OF WASHINGTONUtility and data communications projects: Preservation (98-1-004) Appropriation:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((3,000,000))2,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $((24,000,000))25,000,000
-------------
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,000,000
Sec. 6. 1997 c ... (SSB 6063) s 536 (uncodified) is amended to read as follows:
FOR THE UNIVERSITY OF WASHINGTON. . . . . . . . . . . . . . . . . . . . . . . . . . Minor works: Program (98-2-003) The appropriation in this section shall support the detailed list of projects maintained by the office of financial management. Appropriation:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UW Bldg Acct--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $((2,000,000))1,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $((9,000,000))10,000,000
-------------
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,000,000
Sec. 7. 1997 c ... (SSB 6063) s 537 (uncodified) is amended to read as follows:
FOR THE UNIVERSITY OF WASHINGTON. . . . . . . . . . . . . . . . Building communications: Upgrade (98-2-009) Appropriation:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UW Bldg Acct--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $((3,000,000))2,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $((29,500,000))30,500,000
-------------
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,500,000"
Correct the title. Debate ensued.
Senator Sheldon 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 amendment by Senator Loveland on page 1, after line 5, to Engrossed House Bill No. 2255.
ROLL CALL
The Secretary call the roll and the amendment was not adopted by the following vote: Yeas, 22; Nays, 27; Absent, 0; Excused, 0.
Voting yea: Senators Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 22. Voting nay: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 27.
MOTION
On motion of Senator West, the rules were suspended, Engrossed Substitute House Bill No. 2255 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 House Bill No. 2255.
ROLL CALL
The Secretary call the roll on the final passage of Engrossed House Bill No. 2255 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 5; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, West, Winsley, Wood and Zarelli - 44. Voting nay: Senators Fairley, Goings, Loveland, Thibaudeau and Wojahn - 5. ENGROSSED HOUSE BILL NO. 2255, 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 Franklin, Senator Goings was excused.
MOTION
On motion of Senator Johnson, the Senate returned to the fourth order of business.
MESSAGE FROM THE HOUSE
April 19, 1997
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to HOUSE BILL NO. 1819 and asks the Senate to recede therefrom, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Hale moved that the Senate recede from the Senate amendment(s) to House Bill No. 1819.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Hale that the Senate do recede from its amendment(s) to House Bill No. 1819.
The motion by Senator Hale carried and the Senate receded from its amendment(s) to House Bill No. 1819.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1819, without the Senate amendment(s).
ROLL CALL
The Secretary call the roll on the final passage of House Bill No. 1819, without the Senate amendment(s), and the bill passed the Senate by the following vote: Yeas, 27; Nays, 21; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Kohl, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Wood and Zarelli - 27. Voting nay: Senators Brown, Fairley, Franklin, Fraser, Hargrove, Haugen, Heavey, Jacobsen, Kline, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Snyder, Spanel, Swanson, Thibaudeau, Winsley and Wojahn - 21. Excused: Senator Goings - 1. HOUSE BILL NO. 1819, without the Senate amendment(s), 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.
MESSAGE FROM THE HOUSE
April 11, 1997
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5030 with the following amendment(s);
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. (1) The legislature finds that as demands on water resources increase, water must be used in a manner that is most beneficial to the natural resources of the state, while avoiding unnecessary capital costs and public infrastructure expenditures. The legislature also finds that in appropriate circumstances, use of water from lakes and reservoirs by shoreline owners will allow more water to remain in rivers and streams for stock water, fish, wildlife, municipal drinking water, and recreation. The legislature also finds that use of municipally treated drinking water for garden and landscape irrigation may in some cases be an unnecessary use of the public infrastructure, creating the need for additional public facilities to meet the demands of growing populations. (2) The legislature finds that while there may be numerous benefits to using lake water in urban settings to water lawns and noncommercial gardens, the legislature also finds that great caution must be exercised when establishing a new exemption from the standard permit processing system for appropriating increasingly scarce water resources. The legislature therefore declares that any appropriations made under chapter . . ., Laws of 1997 (this act) shall be limited to lakes and reservoirs in western Washington that are equal to or greater than twenty thousand surface acres. NEW SECTION. Sec. 2. A new section is added to chapter 90.03 RCW to read as follows: (1) The department shall determine whether there is sufficient water in a lake or reservoir with a surface area of twenty thousand acres or more to allow owners of single-family residences that abut the lake or reservoir of twenty thousand acres or more located west of the crest of the Cascade mountains to use water for noncommercial garden and landscape irrigation.
(2) In making the determination provided for in subsection (1) of this section, the department shall consider at least the following factors: (a) Whether there is water available to be appropriated; (b) Whether allowing additional appropriation from the lake or reservoir may have an adverse impact on existing water right holders; (c) The existing uses and applications for uses of water from the lake or reservoir; (d) The effect on stock water, fish, wildlife, and other instead resources of allowing or not allowing withdrawal from the lake or reservoir; and (e) The lake's or reservoir's physical characteristics, including depth, volume, surface area, inflows, outflows, and surface level control features. (3) If the department determines that there may be sufficient water in the lake or reservoir to allow use of water for single-family residential noncommercial garden and landscape irrigation, it shall hold one or more public hearings in the area affected by the proposal. At the public hearing, the department shall report on the factors described in subsection (2) of this section, any additional factors it has used to evaluate the proposal, and options for use of the available water that will satisfy requirements for efficiency. (4) After reviewing comments received at the public hearing, the department shall make a final determination whether there is sufficient water available for single-family residential noncommercial garden and landscape irrigation purposes. If the department determines there is sufficient water it shall, by rule: (a) Establish the maximum quantity of water that may be withdrawn from the lake or reservoir on a yearly basis for single-family noncommercial garden and landscape irrigation under this section; (b) Establish conditions and limitations on withdrawal by individual property owners. The conditions and limitations may include, but are not limited to: Time of day and year, maximum area that may be watered, maximum flow and annual water usage allowed, protection for existing water right holders who may be affected by the withdrawal, and conservation and efficiency measures to be used. In adopting the terms and conditions, the department shall encourage water use efficiency and conservation; and (c) Establish screening requirements to protect fish life. (5) A person withdrawing water under a rule adopted under subsection (4) of this section may, but shall not be required to, apply for a water right permit as otherwise provided by this chapter. The right to withdraw water under this section shall have a priority date of the effective date of the rule adopted pursuant to this section. (6) The department may suspend temporarily the authority to withdraw water granted under this section if the department determines: (a) Under chapter 43.83B RCW that drought conditions exist in the geographical area including a lake or reservoir for which the department has established water withdrawal standards under subsection (4) of this section; or (b) By rule that continued withdrawal of water under this section will have an adverse impact on flows or lake levels below essential minimums necessary to assure the maintenance of existing water rights or claims, fisheries requirements, or to protect federal or state interests including, but not limited to, power generation, navigation, and shoreline facilities. (7) The department may temporarily suspend or impose conditions on the withdrawal of water authorized under this section if there is a water shortage in the geographical area including the lake or reservoir and a public water system with a water right affected by the withdrawal authorized under this section has imposed use restrictions and has requested similar restrictions for water withdrawn under this section. (8) The department shall conduct the analysis required by subsection (1) of this section for lakes and reservoirs of twenty thousand acres or more located west of the crest of the Cascade mountains and, if it determines water is available, adopt the rule required by subsection (4) of this section not later than June 1, 1998. (9) If requested by a public water system that may be affected by the withdrawal of water authorized under subsection (4) of this section, the department shall notify the system of use restrictions that the department has established and shall consult with the system on methods to enforce the restrictions imposed under subsection (4) of this section. (10) Any person withdrawing water under the provisions of this section who uses an irrigation system that has connections to both the supply from the lake or reservoir and a potable drinking water supply system shall assure that the irrigation system complies with all health, safety, and building code requirements. NEW SECTION. Sec. 3. (1) If water is appropriated as authorized in chapter . . ., Laws of 1997 (this act), the department of ecology shall evaluate the advantages and disadvantages of allowing similar appropriations in other urban lakes and reservoirs and report its findings to the appropriate standing committees of the legislature by June 1, 2000. (2) This section expires June 30, 2000.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Morton moved that the Senate concur in the House amendment to Substitute Senate Bill No. 5030.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Morton that the Senate do concur in the House amendment to Substitute Senate Bill No. 5030.
` The motion by Senator Morton carried and the Senate concurred in the House amendment to Substitute Senate Bill No. 5030.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5030, as amended by the House.
ROLL CALL
The Secretary call the roll on the final passage of Substitute Senate Bill No. 5030, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 26; Nays, 23; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hargrove, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26. Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Roach, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 23. SUBSTITUTE SENATE BILL NO. 5030, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 26, 1997
MR. PRESIDENT:
The Speaker has signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2192,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2259, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2192,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2259.
MESSAGE FROM THE HOUSE
April 25, 1997
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on SENATE BILL NO. 5034 and has passed the bill as recommended by the Conference Committee, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
REPORT OF CONFERENCE COMMITTEE
SB 5034 April 22, 1997
Includes “New Items”: YES
Changing the definition of “bona fide charitable or nonprofit organization” for gambling statutes
MR. PRESIDENT:
MR. SPEAKER:
We of your Conference Committee, to whom was referred SENATE BILL NO. 5034, Changing the definition of “bona fide charitable or nonprofit organization” for gambling statutes, have had the same under consideration and we recommend that:
All previous amendments not be adopted and the following striking amendment be adopted:
Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 9.46.0209 and 1987 c 4 s 4 are each amended to read as follows: "Bona fide charitable or nonprofit organization," as used in this chapter, means: (1) Any organization duly existing under the provisions of chapters 24.12, 24.20, or 24.28 RCW, any agricultural fair authorized under the provisions of chapters 15.76 or 36.37 RCW, or any nonprofit corporation duly existing under the provisions of chapter 24.03 RCW for charitable, benevolent, eleemosynary, educational, civic, patriotic, political, social, fraternal, athletic or agricultural purposes only, or any nonprofit organization, whether incorporated or otherwise, when found by the commission to be organized and operating for one or more of the aforesaid purposes only, all of which in the opinion of the commission have been organized and are operated primarily for purposes other than the operation of gambling activities authorized under this chapter; or (2) any corporation which has been incorporated under Title 36 U.S.C. and whose principal purposes are to furnish volunteer aid to members of the armed forces of the United States and also to carry on a system of national and international relief and to apply the same in mitigating the sufferings caused by pestilence, famine, fire, floods, and other national calamities and to devise and carry on measures for preventing the same. Such an organization must have been organized and continuously operating for at least twelve calendar months immediately preceding making application for any license to operate a gambling activity, or the operation of any gambling activity authorized by this chapter for which no license is required. It must have not less than ((fifteen)) seven bona fide active members each with the right to an equal vote in the election of the officers, or board members, if any, who determine the policies of the organization in order to receive a gambling license. An organization must demonstrate to the commission that it has made significant progress toward the accomplishment of the purposes of the organization during the twelve consecutive month period preceding the date of application for a license or license renewal. The fact that contributions to an organization do not qualify for charitable contribution deduction purposes or that the organization is not otherwise exempt from payment of federal income taxes pursuant to the internal revenue code of 1954, as amended, shall constitute prima facie evidence that the organization is not a bona fide charitable or nonprofit organization for the purposes of this section. Any person, association or organization which pays its employees, including members, compensation other than is reasonable therefor under the local prevailing wage scale shall be deemed paying compensation based in part or whole upon receipts relating to gambling activities authorized under this chapter and shall not be a bona fide charitable or nonprofit organization for the purposes of this chapter.Sec. 2. RCW 9.46.0205 and 1987 c 4 s 3 are each amended to read as follows: (1) "Bingo," as used in this chapter, means a game ((conducted only in the county within which the organization is principally located)) in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers or symbols selected at random and in which no cards are sold except at the time and place of ((said)) the game, ((when said)) except as authorized by the commission for joint bingo games. (2) The game ((is)) shall be conducted only by: (a) A bona fide charitable or nonprofit organization which does not conduct or allow its premises to be used for conducting bingo on more than three occasions per week and which does not conduct bingo in any location which is used for conducting bingo on more than three occasions per week((,)); or ((if)) (b) An agricultural fair authorized under chapters 15.76 and 36.37 RCW, which does not conduct bingo on more than twelve consecutive days in any calendar year((, and)).(3) Except in the case of any agricultural fair as authorized under chapters 15.76 and 36.37 RCW, no person other than a bona fide member or an employee of ((said)) the organization ((takes)) may take any part in the management or operation of ((said)) the game unless approved by the commission, and no person who takes any part in the management or operation of ((said)) the game ((takes)) may take any part in the management or operation of any game conducted by any other organization or any other branch of the same organization((,)) unless approved by the commission((, and)). (4) No part of the proceeds ((thereof)) from a bingo game may inure to the benefit of any person other than the organization conducting ((said)) the game. (5) A bingo game must be conducted only in the county where the sponsoring organization is principally located, except as authorized by the commission for joint bingo games. For the purposes of this section, the organization shall be deemed to be principally located in the county within which it has its primary business office. If the organization has no business office, the organization shall be deemed to be located in the county of principal residence of its chief executive officer((: PROVIDED, That)). Any organization which is conducting any licensed and established bingo game in any locale as of January 1, 1981, shall be exempt from the requirement that such game be conducted in the county in which the organization is principally located. (6) The commission may authorize joint bingo games conducted by two or more bona fide charitable or nonprofit organizations if the prizes are pooled and the games are conducted during each organization's normal period of operation. The commission may adopt rules for the operation, management, and location of the games. Sec. 3. RCW 9.46.120 and 1987 c 4 s 40 are each amended to read as follows:(1) Except in the case of an agricultural fair as authorized under chapters 15.76 and 36.37 RCW, no person other than a member of a bona fide charitable or nonprofit organization (and their employees) or any other person, association or organization (and their employees) approved by the commission, shall take any part in the management or operation of any gambling activity authorized under this chapter((, and)) unless approved by the commission. No person who takes any part in the management or operation of any such gambling activity shall take any part in the management or operation of any gambling activity conducted by any other organization or any other branch of the same organization((,)) unless approved by the commission((, and)). No part of the proceeds ((thereof)) of the activity shall inure to the benefit of any person other than the organization conducting such gambling activities or if such gambling activities be for the charitable benefit of any specific persons designated in the application for a license, then only for such specific persons as so designated. (2) No bona fide charitable or nonprofit organization or any other person, association or organization shall conduct any gambling activity authorized under this chapter in any leased premises if rental for such premises is unreasonable or to be paid, wholly or partly, on the basis of a percentage of the receipts or profits derived from such gambling activity. Sec. 4. RCW 9.46.110 and 1994 c 301 s 2 are each amended to read as follows: (1) The legislative authority of any county, city-county, city, or town, by local law and ordinance, and in accordance with the provisions of this chapter and rules ((and regulations promulgated hereunder)) adopted under this chapter, may provide for the taxing of any gambling activity authorized by this chapter within its jurisdiction, the tax receipts to go to the county, city-county, city, or town so taxing the ((same: PROVIDED, That)) activity. Any such tax imposed by a county alone shall not apply to any gambling activity within a city or town located ((therein)) in the county but the tax rate established by a county, if any, shall constitute the tax rate throughout the unincorporated areas of such county((: PROVIDED FURTHER, That (1) punch boards and pull-tabs, chances on which shall)). (2) The operation of punch boards and pull-tabs are subject to the following conditions: (a) Chances may only be sold to adults((, which shall have a fifty cent limit on a single chance thereon, shall be taxed on a basis which shall reflect only the gross receipts from such punch boards and pull-tabs; and (2))); (b) The price of a single chance may not exceed one dollar; (c) No punch board or pull-tab license may award as a prize upon a winning number or symbol being drawn the opportunity of taking a chance upon any other punch board or pull-tab; ((and (3))) (d) All prizes ((for punch boards and pull-tabs)) available to be won must be described on an information flare. All merchandise prizes must be on display within the immediate area of the premises ((wherein)) in which any such punch board or pull-tab is located ((and)). Upon a winning number or symbol being drawn, ((such)) a merchandise prize must be immediately removed ((therefrom)) from the display and awarded to the winner. All references to cash or merchandise prizes, with a value over twenty dollars, must be removed immediately from the information flare when won, or such omission shall be deemed a fraud for the purposes of this chapter; and (((4))) (e) When any person ((shall win over twenty dollars in)) wins money or merchandise from any punch board or pull-tab over an amount determined by the commission, every licensee ((hereunder)) shall keep a public record ((thereof)) of the award for at least ninety days ((thereafter)) containing such information as the commission shall deem necessary((: AND PROVIDED FURTHER, That)). (3)(a) Taxation of bingo and raffles shall never be in an amount greater than ten percent of the gross ((revenue received therefrom)) receipts from a bingo game or raffle less the amount ((paid for or)) awarded as cash or merchandise prizes. (b) Taxation of amusement games shall only be in an amount sufficient to pay the actual costs of enforcement of the provisions of this chapter by the county, city or town law enforcement agency and in no event shall such taxation exceed two percent of the gross ((revenue therefrom)) receipts from the amusement game less the amount ((paid for)) awarded as prizes((: PROVIDED FURTHER, That)). (c) No tax shall be imposed under the authority of this chapter on bingo or amusement games when such activities or any combination thereof are conducted by any bona fide charitable or nonprofit organization as defined in this chapter, which organization has no paid operating or management personnel and has gross ((income)) receipts from bingo or amusement games, or a combination thereof, not exceeding five thousand dollars per year, less the amount ((paid for)) awarded as cash or merchandise prizes. (d) No tax shall be imposed on the first ten thousand dollars of ((net proceeds)) gross receipts less the amount awarded as cash or merchandise prizes from raffles conducted by any bona fide charitable or nonprofit organization as defined in this chapter. (e) Taxation of punch boards and pull-tabs for bona fide charitable or nonprofit organizations is based on gross receipts from the operation of the games less the amount awarded as cash or merchandise prizes, and shall not exceed ((five)) a rate of ten percent ((of gross receipts, nor shall)). At the option of the county, city-county, city, or town, the taxation of punch boards and pull-tabs for commercial stimulant operators may be based on gross receipts from the operation of the games, and may not exceed a rate of five percent, or may be based on gross receipts from the operation of the games less the amount awarded as cash or merchandise prizes, and may not exceed a rate of ten percent. (f) Taxation of social card games may not exceed twenty percent of the gross revenue from such games. (4) Taxes imposed under this chapter become a lien upon personal and real property used in the gambling activity in the same manner as provided for under RCW 84.60.010. The lien shall attach on the date the tax becomes due and shall relate back and have priority against real and personal property to the same extent as ad valorem taxes. Sec. 5. RCW 9.46.0233 and 1987 c 4 s 24 are each amended to read as follows: (1) "Fund raising event," as used in this chapter, means a fund raising event conducted during any seventy-two consecutive hours ((but exceeding twenty-four consecutive hours and)) not more than ((once)) twice in any calendar year when no gambling activities are conducted between the hours of 2:00 a.m. and 6:00 a.m.; or a fund raising event conducted not more than ((twice)) four times each calendar year for not more than ((twenty-four)) twenty consecutive hours ((each time)) when no gambling activities are conducted between the hours of 2:00 a.m. and 6:00 a.m.; or a combination of one seventy-two consecutive hour event and not more than two twenty consecutive hour events by a bona fide charitable or nonprofit organization as defined in RCW 9.46.0209 other than any agricultural fair referred to thereunder, upon authorization therefor by the commission, which the legislature hereby authorizes to issue a license therefor, with or without fee, permitting the following activities, or any of them, during such event: Bingo, amusement games, contests of chance, lotteries and raffles: PROVIDED, That (a) gross wagers and bets received by the organization less the amount of money paid by the organization as winnings and for the purchase cost of prizes given as winnings do not exceed ((ten)) fifteen thousand dollars during a single event or thirty thousand dollars during the total calendar days of such fund raising event in the calendar year; (b) such activities shall not include any mechanical gambling or lottery device activated by the insertion of a coin or by the insertion of any object purchased by any person taking a chance by gambling in respect to the device; (c) only bona fide members of the organization or their spouses who are not paid for such service shall participate in the management or operation of the activities((, and)). However, an organization may use up to five individuals who are not members or spouses of members to operate gambling activities when the individuals are approved by the commission. The individuals may be paid an amount determined by the commission but shall not be involved in the management of the event, perform duties of a cashier, banker, or otherwise have access to or share in the net proceeds of the event, or perform any of the accounting functions or otherwise have access to the accounting records. Further, anyone licensed by the commission to rent equipment to conduct the activities may be paid an amount determined by the commission to provide training and advisory services in conjunction with the events; (d) all income therefrom, after deducting the cost of prizes and other expenses, shall be devoted solely to the lawful purposes of the organization; and (((d))) (e) such organization shall notify the appropriate local law enforcement agency of the time and place where such activities shall be conducted. The commission shall require an annual information report setting forth in detail the expenses incurred and the revenue received relative to the activities permitted. (2) Bona fide charitable or nonprofit organizations holding a license to conduct a fund raising event may join together to jointly conduct a fund raising event if: (a) Approval to do so is received from the commission; ((and)) (b) The method of dividing the income and expenditures and the method of recording and handling of funds are disclosed to the commission in the application for approval of the joint fund raising event and are approved by the commission((.)); (c) The gross wagers and bets received by the organizations less the amount of money paid by the organizations as winnings and for the purchase costs of prizes given as winnings ((may)) does not exceed ((ten)) fifteen thousand dollars during the total calendar days of such event. The net receipts each organization receives shall count against the organization's annual limit stated in this subsection((.)); (d) A joint fund raising event shall count against only the lead organization or organizations receiving fifty percent or more of the net receipts for the purposes of the number of such events an organization may conduct each year((.)); and (e) The commission may issue a joint license for a joint fund raising event and charge a license fee for such license according to a schedule of fees adopted by the commission which reflects the added cost to the commission of licensing more than one licensee for the event." On page 1, line 1 of the title, after "gambling;" strike the remainder of the title and insert "and amending RCW 9.46.0209, 9.46.0205, 9.46.120, 9.46.110, and 9.46.0233." and the bill do pass as recommenced by the Conference Committee.
Signed by Senators Schow, Heavey; Representatives McMorris, Honeyford, Conway.
MOTION
Senator Schow moved that the Senate adopt the Report of the Conference Committee on Senate Bill No. 5034.
POINT OF ORDER
Senator Kline: “Mr. President, I have a point of order. I believe that Section 5 of the Conference Report expands the scope and object of Senate Bill No. 5034. The underlying bill addresses only the number of members a nonprofit organization needs to have in order to receive a gambling license. It is very narrow; it is very specific. Section 5 expands fund raising events, commonly known as Reno Nights, which is quite beyond the number of members of a board of directors. Apparently, organizations would be allowed to conduct, I believe, two events a year during any seventy-two consecutive hours or four times a year for not more that twenty consecutive hours. Those are far beyond the scope and object of a bill having to do with the number of members of a board of directors.”
RULING BY THE PRESIDENT
President Owen: “In ruling upon the point of order raised by Senator Kline to Section 5 of the Conference Committee Report on Senate Bill No. 5034, the President finds that the bill is a measure which provides only a reduction in the number of members needed for a charitable or nonprofit organization to qualify for certain gambling licenses.
“The Conference Committee Report would make a similar change in the number of members. However, the Report also changes the definition of ‘fundraising event.’
“The President, therefore, finds that Section 5 of the Conference Committee Report does change the scope and object of the bill and the point of order is well taken.”
The Conference Committee striking amendment to Senate Bill No. 5034 was ruled out of order.
WITHDRAWAL OF MOTION
Senator Schow withdrew his motion to adopt the Report of the Conference Committee on Senate Bill No. 5034.
MOTION
On motion of Senator Schow, the Conference Committee Report on Senate Bill No. 5034 was returned to the Conference Committee.
MOTION
At 10:50 p.m., on motion of Senator Johnson, the Senate adjourned until 1:00 p.m., Sunday, April 27, 1997.
BRAD OWEN, President of the Senate
MIKE O'CONNELL, Secretary of the Senate