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NINETY-SECOND DAY
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MORNING SESSION
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Senate Chamber, Olympia, Monday, April 12, 1999
The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Finkbeiner, Gardner, Haugen, Kline, McDonald, Rasmussen, Sellar and Stevens. On motion of Senator Deccio, Senators Finkbeiner, McDonald and Sellar were excused. On motion of Senator Honeyford, Senator Stevens was excused. On motion of Senator Franklin, Senators Haugen and Rasmussen were excused.
The Sergeant at Arms Color Guard consisting of Pages Paige Kasai Wayland and Seth Lake, presented the Colors. Chaplain Debbie Hutton from the Providence Home Care and Hospice, offered the prayer.
MOTION
On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGES FROM THE HOUSE
April 8, 1999
MR. PRESIDENT:
The House has passed:
SUBSTITUTE HOUSE BILL NO. 2152, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
April 9, 1999
MR. PRESIDENT:
The House has passed:
SUBSTITUTE HOUSE BILL NO. 2269, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
April 9, 1999
MR. PRESIDENT:
The House has passed:
SUBSTITUTE SENATE BILL NO. 5010,
SUBSTITUTE SENATE BILL NO. 5030,
ENGROSSED SENATE BILL NO. 5141,
SENATE BILL NO. 5194,
SENATE BILL NO. 5278,
SENATE BILL NO. 5401,
SENATE BILL NO. 5432,
SUBSTITUTE SENATE BILL NO. 5495,
ENGROSSED SENATE BILL NO. 5564,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5712,
SUBSTITUTE SENATE BILL NO. 5746, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE SENATE BILL NO. 5010,
SUBSTITUTE SENATE BILL NO. 5030,
ENGROSSED SENATE BILL NO. 5141,
SENATE BILL NO. 5194,
SENATE BILL NO. 5278,
SENATE BILL NO. 5401,
SENATE BILL NO. 5432,
SUBSTITUTE SENATE BILL NO. 5495,
ENGROSSED SENATE BILL NO. 5564,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5712,
SUBSTITUTE SENATE BILL NO. 5746.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
SHB 2152 by House Committee on Health Care (originally sponsored by Representatives Cody, Parlette, Van Luven, Conway and Edmonds)
Concerning long-term care payment rates.
Referred to Committee on Health and Long-Term Care.
SHB 2269 by House Committee on Appropriations (originally sponsored by Representatives H. Sommers and Huff)
Establishing the professional development program.
Referred to Committee on Education.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Jacobsen, Gubernatorial Appointment No. 9016, Bruce W. Hilyer, as a member of the Parks and Recreation Commission, was confirmed.
APPOINTMENT OF BRUCE W. HILYER
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 27; Nays, 14; Absent, 2; Excused, 6.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Goings, Hargrove, Heavey, Horn, Jacobsen, Kohl-Welles, Long, Loveland, McAuliffe, Oke, Patterson, Prentice, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 27. Voting nay: Senators Benton, Deccio, Hale, Hochstatter, Honeyford, Johnson, McCaslin, Morton, Roach, Rossi, Sheahan, Swecker, West and Zarelli - 14. Absent: Senators Gardner and Kline - 2. Excused: Senators Finkbeiner, Haugen, McDonald, Rasmussen, Sellar and Stevens - 6.
MOTIONS
On motion of Senator Honeyford, Senator Rossi was excused.
On motion of Senator Franklin, Senator Kline was excused.
MOTION
On motion of Senator Patterson, Gubernatorial Appointment No. 9056, Rhonda Cahill, as a member of the Public Disclosure Commission, was confirmed.
APPOINTMENT OF RHONDA CAHILL
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 38; Nays, 3; Absent, 3; Excused, 5.
Voting yea: Senators Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Goings, Hale, Heavey, Honeyford, Horn, Jacobsen, Johnson, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 38.
Voting nay: Senators Benton, Hochstatter and Zarelli - 3.
Absent: Senators Bauer, Gardner and Hargrove - 3.
Excused: Senators Finkbeiner, Haugen, Kline, Rossi and Sellar - 5.
MOTION
On motion of Senator Goings, Gubernatorial Appointment No. 9043, Susan Sellers, as a member of the Board of Trustees for Clark Community College District No. 14, was confirmed.
Senators Goings and Benton spoke to the confirmation of Susan Sellers as a member of the Board of Trustees for Clark Community College District No. 14.
APPOINTMENT OF SUSAN SELLERS
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 3; Excused, 2.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.
Absent: Senators Bauer, Gardner and Horn - 3.
Excused: Senators Finkbeiner and Rossi - 2.
MOTION
On motion of Senator Franklin, Senators Loveland and Snyder were excused.
MOTION
On motion of Senator Rasmussen, Gubernatorial Appointment No. 9053, Gregory Barlow, as Adjutant General of the Military Department, was confirmed.
Senators Rasmussen, Deccio, Oke, Morton and Stevens spoke to the confirmation of Gregory Barlow as Adjutant General of the Military Department.
APPOINTMENT OF GREGORY BARLOW
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.
Excused: Senators Finkbeiner, Loveland and Snyder - 3.
MOTION
On motion of Senator Kohl-Welles, Gubernatorial Appointment No. 9057, Elizabeth M. Calvin, as a member of the Sentencing Guidelines Commission, was confirmed.
APPOINTMENT OF ELIZABETH M. CALVIN
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.
Voting nay: Senator Benton - 1.
Excused: Senators Loveland and Snyder - 2.
MOTION
On motion of Senator Shin, Gubernatorial Appointment No. 9102, Ark G. Chin, as a member of the Board of Regents for the University of Washington was confirmed.
Senators Shin and McDonald spoke to the confirmation of Ark G. Chin as a member of the Board of Regents for the University of Washington.
APPOINTMENT OF ARK G. CHIN
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2. Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.
Excused: Senators Loveland and Snyder - 2.
MOTION
On motion of Senator Deccio, Senator Morton was excused.
MOTION
On motion of Senator Honeyford, Senator Finkbeiner was excused.
SECOND READING
HOUSE BILL NO. 1080, by Representatives Carlson, Ogden, Pennington, Dunn, Tokuda, Stensen, O'Brien, Morris, Conway, Lambert, Lantz, Wood, Rockefeller, Parlette, Esser and Lovick
Providing infectious disease testing for good Samaritans.
The bill was read the second time.
MOTION
On motion of Senator Thibaudeau, the following striking amendment by Senators Thibaudeau and Deccio was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that citizens who assist individuals in emergency situations perform a needed and valuable role that deserves recognition and support. The legislature further finds that emergency assistance in the form of mouth to mouth resuscitation or other emergency medical procedures resulting in the exchange of bodily fluids significantly increases the odds of being exposed to a deadly infectious disease. Some of the more life-threatening diseases that can be transferred during an emergency procedure where bodily fluids are exchanged include hepatitis A, B, and C, and human immunodeficiency virus (HIV). Individuals infected by these diseases value confidentiality regarding this information. A number of good Samaritans who perform life-saving emergency procedures such as cardiopulmonary resuscitation are unable to pay for the tests necessary for detecting infectious diseases that could have been transmitted during the emergency procedure. It is the purpose of this act to provide infectious disease testing at no cost to good Samaritans who request testing for infectious diseases after rendering emergency assistance that has brought them into contact with a bodily fluid and to further protect the testing information once obtained through confidentiality provisions.
NEW SECTION. Sec. 2. A new section is added to chapter 70.05 RCW to read as follows:
A person rendering emergency care or transportation, commonly known as a "Good Samaritan," as described in RCW 4.24.300 and 4.24.310, may request and receive appropriate infectious disease testing free of charge from the local health department of the county of her or his residence, if: (1) While rendering emergency care she or he came into contact with bodily fluids; and (2) she or he does not have health insurance that covers the testing. Nothing in this section requires a local health department to provide health care services beyond testing. The department shall adopt rules implementing this section.
The information obtained from infectious disease testing is subject to statutory confidentiality provisions, including those of chapters 70.24 and 70.05 RCW.
NEW SECTION. Sec. 3. A new section is added to chapter 70.24 RCW to read as follows:
(1) In order to assure compliance with the protections under this chapter and the rules of the board, and to assure public confidence in the confidentiality of reported information, the department shall:
(a) Report annually to the board any incidents of unauthorized disclosure by the department, local health departments, or their employees of information protected under RCW 70.24.105. The report shall include recommendations for preventing future unauthorized disclosures and improving the system of confidentiality for reported information; and
(b) Assist health care providers, facilities that conduct tests, local health departments, and other persons involved in disease reporting to understand, implement, and comply with this chapter and the rules of the board related to disease reporting.
(2) This section is exempt from RCW 70.24.084, 70.05.070, and 70.05.120.
Sec. 4. RCW 70.24.084 and 1988 c 206 s 914 are each amended to read as follows:
(1) Any person aggrieved by a violation of this chapter shall have a right of action in superior court and may recover for each violation:
(a) Against any person who negligently violates a provision of this chapter, one thousand dollars, or actual damages, whichever is greater, for each violation.
(b) Against any person who intentionally or recklessly violates a provision of this chapter, ((two)) ten thousand dollars, or actual damages, whichever is greater, for each violation.
(c) Reasonable attorneys' fees and costs.
(d) Such other relief, including an injunction, as the court may deem appropriate.
(2) Any action under this chapter is barred unless the action is commenced within three years after the cause of action accrues.
(3) Nothing in this chapter limits the rights of the subject of a test for a sexually transmitted disease to recover damages or other relief under any other applicable law.
(4) Nothing in this chapter may be construed to impose civil liability or criminal sanction for disclosure of a test result for a sexually transmitted disease in accordance with any reporting requirement for a diagnosed case of sexually transmitted disease by the department or the centers for disease control of the United States public health service.
Sec. 5. RCW 70.05.070 and 1993 c 492 s 239 are each amended to read as follows:
The local health officer, acting under the direction of the local board of health or under direction of the administrative officer appointed under RCW 70.05.040 or 70.05.035, if any, shall:
(1) Enforce the public health statutes of the state, rules of the state board of health and the secretary of health, and all local health rules, regulations and ordinances within his or her jurisdiction including imposition of penalties authorized under RCW 70.119A.030, the confidentiality provisions in RCW 70.24.105 and rules adopted to implement those provisions, and filing of actions authorized by RCW 43.70.190;
(2) Take such action as is necessary to maintain health and sanitation supervision over the territory within his or her jurisdiction;
(3) Control and prevent the spread of any dangerous, contagious or infectious diseases that may occur within his or her jurisdiction;
(4) Inform the public as to the causes, nature, and prevention of disease and disability and the preservation, promotion and improvement of health within his or her jurisdiction;
(5) Prevent, control or abate nuisances which are detrimental to the public health;
(6) Attend all conferences called by the secretary of health or his or her authorized representative;
(7) Collect such fees as are established by the state board of health or the local board of health for the issuance or renewal of licenses or permits or such other fees as may be authorized by law or by the rules of the state board of health;
(8) Inspect, as necessary, expansion or modification of existing public water systems, and the construction of new public water systems, to assure that the expansion, modification, or construction conforms to system design and plans;
(9) Take such measures as he or she deems necessary in order to promote the public health, to participate in the establishment of health educational or training activities, and to authorize the attendance of employees of the local health department or individuals engaged in community health programs related to or part of the programs of the local health department.
Sec. 6. RCW 70.05.120 and 1993 c 492 s 241 are each amended to read as follows:
Any local health officer or administrative officer appointed under RCW 70.05.040, if any, who shall refuse or neglect to obey or enforce the provisions of chapters 70.05, 70.24, and 70.46 RCW or the rules, regulations or orders of the state board of health or who shall refuse or neglect to make prompt and accurate reports to the state board of health, may be removed as local health officer or administrative officer by the state board of health and shall not again be reappointed except with the consent of the state board of health. Any person may complain to the state board of health concerning the failure of the local health officer or administrative officer to carry out the laws or the rules and regulations concerning public health, and the state board of health shall, if a preliminary investigation so warrants, call a hearing to determine whether the local health officer or administrative officer is guilty of the alleged acts. Such hearings shall be held pursuant to the provisions of chapter 34.05 RCW, and the rules and regulations of the state board of health adopted thereunder.
Any member of a local board of health who shall violate any of the provisions of chapters 70.05, 70.24, and 70.46 RCW or refuse or neglect to obey or enforce any of the rules, regulations or orders of the state board of health made for the prevention, suppression or control of any dangerous contagious or infectious disease or for the protection of the health of the people of this state, shall be guilty of a misdemeanor, and upon conviction shall be fined not less than ten dollars nor more than two hundred dollars. Any physician who shall refuse or neglect to report to the proper health officer or administrative officer within twelve hours after first attending any case of contagious or infectious disease or any diseases required by the state board of health to be reported or any case suspicious of being one of such diseases, shall be guilty of a misdemeanor, and upon conviction shall be fined not less than ten dollars nor more than two hundred dollars for each case that is not reported.
Any person violating any of the provisions of chapters 70.05, 70.24, and 70.46 RCW or violating or refusing or neglecting to obey any of the rules, regulations or orders made for the prevention, suppression and control of dangerous contagious and infectious diseases by the local board of health or local health officer or administrative officer or state board of health, or who shall leave any isolation hospital or quarantined house or place without the consent of the proper health officer or who evades or breaks quarantine or conceals a case of contagious or infectious disease or assists in evading or breaking any quarantine or concealing any case of contagious or infectious disease, shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not less than twenty-five dollars nor more than one hundred dollars or to imprisonment in the county jail not to exceed ninety days or to both fine and imprisonment.
NEW SECTION. Sec. 7. Sections 1 and 2 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately."
MOTIONS
On motion of Senator Thibaudeau, the following title amendment was adopted:
On page 1, line 2 of the title, after "Samaritans;" strike the remainder of the title and insert "amending RCW 70.24.084, 70.05.070, and 70.05.120; adding a new section to chapter 70.05 RCW; adding a new section to chapter 70.24 RCW; creating a new section; prescribing penalties; and declaring an emergency."
On motion of Senator Thibaudeau, the rules were suspended, House Bill No. 1080, as amended by the Senate, 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 House Bill No. 1080, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1080, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.
Excused: Senators Finkbeiner, Loveland and Morton - 3.
HOUSE BILL NO. 1080, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1238, by Representatives Conway, Clements, Wood, McMorris and Hurst
Appointing a temporary member to the board of industrial insurance appeals due to illness of a board member.
The bill was read the second time.
MOTION
On motion of Senator Fairley, the rules were suspended, House Bill No. 1238 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 House Bill No. 1238.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1238 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.
Excused: Senator Finkbeiner - 1.
HOUSE BILL NO. 1238, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand stand as the title of the act.
MOTION
On motion of Senator Franklin, Senators McAuliffe and Prentice were excused.
SECOND READING
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1006, by House Committee on Appropriations (originally sponsored by Representatives Ballasiotes, O'Brien, Benson, Radcliff, Quall, Mitchell, Dickerson, Cairnes, Hurst, Alexander and Lambert)
Revising sentencing options for drug and alcohol offenders.
The bill was read the second time.
MOTION
On motion of Senator Costa, the following Committee on Human Services and Corrections striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 9.94A.030 and 1998 c 290 s 3 are each 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). Where the court finds that any offender has a chemical dependency that has contributed to his or her offense, the conditions of supervision may, subject to available resources, include treatment. 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. However, affirmative acts necessary to monitor compliance with the order of a court may be required by the department.
(12) "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 (a) whether the defendant has been placed on probation and the length and terms thereof; and (b) whether the defendant has been incarcerated and the length of incarceration.
(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) "First-time offender" means any person who is convicted of a felony (a) not classified as a violent offense or a sex offense under this chapter, or (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 or flunitrazepam classified in Schedule IV, 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, 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.
(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;
(v)(i) A prior conviction for indecent liberties under RCW 9A.88.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, until July 1, 1988;
(ii) A prior conviction for indecent liberties under RCW 9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, if: (A) The crime was committed against a child under the age of fourteen; or (B) the relationship between the victim and perpetrator is included in the definition of indecent liberties under RCW 9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 1993, through July 27, 1997.
(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 of a child in the first degree, child molestation in the first degree, rape in the second degree, rape of a child in the second degree, or indecent liberties by forcible compulsion; (B) murder in the first degree, murder in the second degree, homicide by abuse, kidnapping in the first degree, kidnapping in the second degree, assault in the first degree, assault in the second degree, assault of a child in the first 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. A conviction for rape of a child in the first degree constitutes a conviction under subsection (27)(b)(i) only when the offender was sixteen years of age or older when the offender committed the offense. A conviction for rape of a child in the second degree constitutes a conviction under subsection (27)(b)(i) only when the offender was eighteen years of age or older when the offender committed the offense.
(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, manslaughter in the first 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.
NEW SECTION. Sec. 2. A new section is added to chapter 9.94A RCW to read as follows:
(1) Where the court finds that the offender has a chemical dependency that has contributed to his or her offense, the court may, as a condition of the sentence and subject to available resources, order the offender to participate in rehabilitative programs or otherwise to perform affirmative conduct reasonably related to the circumstances of the crime for which the offender has been convicted and reasonably necessary or beneficial to the offender and the community in rehabilitating the offender.
(2) This section applies to sentences which include any term other than, or in addition to, a term of total confinement, including suspended sentences.
Sec. 3. RCW 9.94A.110 and 1998 c 260 s 2 are each amended to read as follows:
Before imposing a sentence upon a defendant, the court shall conduct a sentencing hearing. The sentencing hearing shall be held within forty court days following conviction. Upon the motion of either party for good cause shown, or on its own motion, the court may extend the time period for conducting the sentencing hearing.
Unless specifically waived by the court, the court shall order the department to complete a chemical dependency screening report before imposing a sentence upon a defendant who has been convicted of a violation of the uniform controlled substances act under chapter 69.50 RCW or a criminal solicitation to commit such a violation under chapter 9A.28 RCW where the court finds that the offender has a chemical dependency that has contributed to his or her offense. In addition, the court shall, at the time of plea or conviction, order the department to complete a presentence report before imposing a sentence upon a defendant who has been convicted of a felony sexual offense. The department of corrections shall give priority to presentence investigations for sexual offenders. If the court determines that the defendant may be a mentally ill person as defined in RCW 71.24.025, although the defendant has not established that at the time of the crime he or she lacked the capacity to commit the crime, was incompetent to commit the crime, or was insane at the time of the crime, the court shall order the department to complete a presentence report before imposing a sentence.
The court shall consider the presentence reports, if any, including any victim impact statement and criminal history, and allow arguments from the prosecutor, the defense counsel, the offender, the victim, the survivor of the victim, or a representative of the victim or survivor, and an investigative law enforcement officer as to the sentence to be imposed.
If the court is satisfied by a preponderance of the evidence that the defendant has a criminal history, the court shall specify the convictions it has found to exist. All of this information shall be part of the record. Copies of all presentence reports presented to the sentencing court and all written findings of facts and conclusions of law as to sentencing entered by the court shall be sent to the department by the clerk of the court at the conclusion of the sentencing and shall accompany the offender if the offender is committed to the custody of the department. Court clerks shall provide, without charge, certified copies of documents relating to criminal convictions requested by prosecuting attorneys.
Sec. 4. RCW 9.94A.120 and 1998 c 260 s 3 are each 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,)) a felony that is not a violent offense or sex offense and the violation does not involve a sentence enhancement under RCW 9.94A.310 (3) or (4);
(ii) The offender has no current or prior convictions for a ((felony)) sex offense or violent offense in this state, another state, or the United States; ((and))
(iii) For a violation of the uniform controlled substances act under chapter 69.50 RCW or a criminal solicitation to commit such a violation under chapter 9A.28 RCW, 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; and
(iv) The offender has not been found by the United States attorney general to be subject to a deportation detainer or order.
(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)):
(i) The remainder of the midpoint of the standard range as a term of community custody which must include appropriate ((outpatient)) substance abuse treatment((,)) in a program that has been approved by the division of alcohol and substance abuse of the department of social and health services;
(ii) Crime-related prohibitions including a condition not to use illegal controlled substances((,)); and
(iii) A requirement to submit to urinalysis or other testing to monitor that status.
The court may prohibit the offender from using alcohol or controlled substances and 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))) (A) Devote time to a specific employment or training;
(((ii))) (B) 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))) (C) Report as directed to a community corrections officer;
(((iv))) (D) Pay all court-ordered legal financial obligations;
(((v))) (E) Perform community service work;
(((vi))) (F) Stay out of areas designated by the sentencing judge;
(G) Such other conditions as the court may require such as affirmative conditions.
(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)) department unless waived by the offender. If the ((court)) department 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)) offender may be reclassified to serve the remaining balance of the original sentence.
(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.
(e) An offender who fails to complete the special drug offender sentencing alternative program or who is administratively terminated from the program shall be reclassified to serve the unexpired term of his or her sentence as ordered by the sentencing judge and shall be subject to all rules relating to earned early release time. An offender who violates any conditions of supervision as defined by the department shall be sanctioned. Sanctions may include, but are not limited to, reclassifying the offender to serve the unexpired term of his or her sentence as ordered by the sentencing judge. If an offender is reclassified to serve the unexpired term of his or her sentence, the offender shall be subject to all rules relating to earned early release time.
(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 sex 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 eleven 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;
(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; and
(C) Sex offenders sentenced under this special sex offender sentencing alternative are not eligible to accrue any earned early release time while serving a suspended sentence.
(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 possess or consume controlled substances except pursuant to lawfully issued prescriptions;
(iv) The offender shall pay supervision fees as determined by the department of corrections;
(v) The residence location and living arrangements are subject to the prior approval of the department of corrections during the period of community placement; and
(vi) The offender shall submit to affirmative acts necessary to monitor compliance with the orders of the court as required by the department.
(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 for ten years following the entry of the judgment and sentence or ten years following the offender's release from total confinement. 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 unless the superior court extends the criminal judgment an additional ten years. If the legal financial obligations including crime victims' assessments are not paid during the initial ten-year period, the superior court may extend jurisdiction under the criminal judgment an additional ten years as provided in RCW 9.94A.140, 9.94A.142, and 9.94A.145. If jurisdiction under the criminal judgment is extended, the department is not responsible for supervision of the offender during the subsequent period. 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. The department may require an offender to perform affirmative acts it deems appropriate to monitor compliance with the conditions of the sentence imposed.
(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 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 an 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) The court may order an offender whose sentence includes community placement or community supervision to undergo a mental status evaluation and to participate in available outpatient mental health treatment, if the court finds that reasonable grounds exist to believe that the offender is a mentally ill person as defined in RCW 71.24.025, and that this condition is likely to have influenced the offense. An order requiring mental status evaluation or treatment must be based on a presentence report and, if applicable, mental status evaluations that have been filed with the court to determine the offender's competency or eligibility for a defense of insanity. The court may order additional evaluations at a later date if deemed appropriate.
(21) 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.
(22) 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.137 and 1995 1st sp.s. c 19 s 20 are each amended to read as follows:
(1)(a) An offender is eligible to be sentenced to a work ethic camp if the offender:
(i) Is sentenced to a term of total confinement of not less than ((sixteen)) twelve months and one day or more than thirty-six months; ((and))
(ii) Has no current or prior convictions for any sex offenses or for violent offenses ((other than drug offenses for manufacturing, possession, delivery, or intent to deliver a controlled substance)); and
(iii) Is not currently subject to a sentence for, or being prosecuted for, a violation of the uniform controlled substances act or a criminal solicitation to commit such a violation under chapter 9A.28 or 69.50 RCW.
(b) The length of the work ethic camp shall be at least one hundred twenty days and not more than one hundred eighty days. ((Because of the conversion ratio, earned early release time shall not accrue to offenders who successfully complete the program.))
(2) If the sentencing judge determines that the offender is eligible for the work ethic camp and is likely to qualify under subsection (3) of this section, the judge shall impose a sentence within the standard range and may recommend that the offender serve the sentence at a work ethic camp. ((The sentence shall provide that if the offender successfully completes the program, the department shall convert the period of work ethic camp confinement at the rate of one day of work ethic camp confinement to three days of total standard confinement.)) In sentencing an offender to the work ethic camp, the court shall specify: (a) That upon completion of the work ethic camp the offender shall be released on community custody for any remaining time of total confinement; (b) the applicable conditions of supervision on community custody status as required by RCW 9.94A.120(9)(b) and authorized by RCW 9.94A.120(9)(c); and (c) that violation of the conditions may result in a return to total confinement for the balance of the offender's remaining time of confinement.
(3) The department shall place the offender in the work ethic camp program, subject to capacity, unless: (a) The department determines that the offender has physical or mental impairments that would prevent participation and completion of the program; (b) the department determines that the offender's custody level prevents placement in the program; ((or)) (c) the offender refuses to agree to the terms and conditions of the program; (d) the offender has been found by the United States attorney general to be subject to a deportation detainer or order; or (e) the offender has participated in the work ethic camp program in the past.
(4) An offender who fails to complete the work ethic camp program, who is administratively terminated from the program, or who otherwise violates any conditions of supervision, as defined by the department, shall be reclassified to serve the unexpired term of his or her sentence as ordered by the sentencing judge and shall be subject to all rules relating to earned early release time.
(5) During the last two weeks prior to release from the work ethic camp program the department shall provide the offender with comprehensive transition training.
Sec. 6. RCW 9.94A.380 and 1988 c 157 s 4 and 1988 c 155 s 3 are each reenacted and amended to read as follows:
Alternatives to total confinement are available for offenders with sentences of one year or less. These alternatives include the following sentence conditions that the court may order as substitutes for total confinement:
(1) One day of partial confinement may be substituted for one day of total confinement;
(2) In addition, for offenders convicted of nonviolent offenses only, eight hours of community service may be substituted for one day of total confinement, with a maximum conversion limit of two hundred forty hours or thirty days. Community service hours must be completed within the period of community supervision or a time period specified by the court, which shall not exceed twenty-four months, pursuant to a schedule determined by the department; and
(3) For offenders convicted of nonviolent and nonsex offenses, the court may authorize county jails to convert jail confinement to an available county supervised community option and may require the offender to perform affirmative conduct pursuant to section 2 of this act.
For sentences of nonviolent offenders for one year or less, the court shall consider and give priority to available alternatives to total confinement and shall state its reasons in writing on the judgment and sentence form if the alternatives are not used.
NEW SECTION. Sec. 7. The legislature recognizes the utility of drug court programs in reducing recidivism and assisting the courts by diverting potential offenders from the normal course of criminal trial proceedings.
NEW SECTION. Sec. 8. A new section is added to chapter 10.01 RCW to read as follows:
(1) The superior and district courts of Washington may establish drug court programs to accept offenders that have been diverted by the courts from the normal course of prosecution for drug offenses.
(2) Pursuant to this section, "drug court" is defined as a program that meets the criteria set forth in section 9 of this act.
NEW SECTION. Sec. 9. A new section is added to chapter 2.28 RCW to read as follows:
(1) Counties may establish and operate drug courts.
(2) For the purposes of this section, "drug court" means a court that has special calendars or dockets designed to achieve a reduction in recidivism and substance abuse among nonviolent, substance abusing offenders by increasing their likelihood for successful rehabilitation through early, continuous, and intense judicially supervised treatment; mandatory periodic drug testing; and the use of appropriate sanctions and other rehabilitation services.
(3) Any jurisdiction that seeks a state appropriation to fund a drug court program must first:
(a) Exhaust all federal funding received from the office of national drug control policy that is available to support the operations of its drug court and associated services; and
(b) Match, on a dollar-for-dollar basis, state moneys allocated for drug court programs with local resources. Moneys allocated by the state must be used to supplement, not supplant, other federal, state, and local funds for drug court operations and associated services.
NEW SECTION. Sec. 10. A new section is added to chapter 70.96A RCW to read as follows:
The department shall contract with counties operating drug courts and counties in the process of implementing new drug courts for the provision of drug and alcohol treatment services.
NEW SECTION. Sec. 11. The department of corrections must develop criteria for successful completion of the special drug offender sentencing alternative program by December 31, 1999.
NEW SECTION. Sec. 12. The Washington state institute for public policy, in consultation with the sentencing guidelines commission shall evaluate the impact of implementing the drug offender options provided for in RCW 9.94A.120(6). The commission shall submit a final report to the legislature by December 1, 2004. The report shall describe the changes in sentencing practices related to the use of punishment options for drug offenders and include the impact of sentencing alternatives on state prison populations, the savings in state resources, the effectiveness of drug treatment services, and the impact on recidivism rates.
NEW SECTION. Sec. 13. If specific funding for the purposes of sections 7 through 12 of this act, referencing sections 7 through 12 of this act by bill or chapter number, is not provided by June 30, 1999, in the omnibus appropriations act, sections 7 through 12 of this act are null and void.
NEW SECTION. Sec. 14. 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."
MOTIONS
On motion of Senator Costa, the following title amendment was adopted:
On page 1, line 2 of the title, after "alcohol;" strike the remainder of the title and insert "amending RCW 9.94A.030, 9.94A.110, 9.94A.120, and 9.94A.137; reenacting and amending RCW 9.94A.380; adding a new section to chapter 9.94A RCW; adding a new section to chapter 10.01 RCW; adding a new section to chapter 2.28 RCW; adding a new section to chapter 70.96A RCW; creating new sections; and prescribing penalties."
On motion of Senator Costa, the rules were suspended, Engrossed Second Substitute House Bill No. 1006, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute House Bill No. 1006, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 1006, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 3; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McCaslin, McDonald, Morton, Oke, Patterson, Rasmussen, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 43. Voting nay: Senators Benton, Roach and Zarelli - 3. Excused: Senators Finkbeiner, McAuliffe and Prentice - 3. ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1006, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1485, by House Committee on Capital Budget (originally sponsored by Representatives Barlean and Anderson)
Selling the Whidbey Island game farm.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 1485 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1485.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1485 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 1; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McCaslin, McDonald, Morton, Oke, Patterson, Rasmussen, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.
Voting nay: Senator Roach - 1.
Absent: Senator Hargrove - 1.
Excused: Senators Finkbeiner, McAuliffe and Prentice - 3.
SUBSTITUTE HOUSE BILL NO. 1485, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1152, by Representatives McMorris, G. Chandler, Linville and Cooper (by request of Department of Agriculture)
Regulating private applicator licenses.
The bill was read the second time.
MOTION
On motion of Senator Goings, the rules were suspended, House Bill No. 1152 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 House Bill No. 1152.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1152 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McCaslin, McDonald, Morton, Oke, Patterson, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.
Absent: Senator Rossi - 1.
Excused: Senators Finkbeiner, McAuliffe and Prentice - 3.
HOUSE BILL NO. 1152, 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 Honeyford, Senator Rossi was excused.
SECOND READING
SENATE CONCURRENT RESOLUTION NO. 8408, by Senator Bauer
Creating a commission to address the renovation of the Washington State Legislative Building.
The concurrent resolution was read the second time.
MOTIONS
On motion of Senator Bauer, the following amendment was adopted:
On page 1, line 11, after "its" strike "71st" and insert "72nd"
On motion of Senator Bauer, the rules were suspended, Engrossed Senate Concurrent Resolution No. 8408 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Concurrent Resolution No. 8408.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Concurrent Resolution No. 8408 and the concurrent resolution passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McCaslin, McDonald, Morton, Oke, Patterson, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.
Absent: Senator Snyder - 1.
Excused: Senators Finkbeiner, McAuliffe, Prentice and Rossi - 4.
ENGROSSED SENATE CONCURRENT RESOLUTION NO. 8408, having received the constitutional majority, was declared passed.
MOTION
At 11:25 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 2:06 p.m. by President Owen.
MOTION
There being no objection, on motion of Senator Betti Sheldon, the Transportation Subcommittee will be granted permission to meet during the session.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Loveland, the following resolution was adopted:
SENATE RESOLUTION 1999-8664
By Senator Loveland
WHEREAS, On March 13, 1999, the Blue Devils from Walla Walla High School won the State Boys’ 4A Basketball Championship for the first time in forty-seven years; and
WHEREAS, The team from Washington’s Onion Capital earned its way to the finals after beating three of the state’s top-four ranked teams; and
WHEREAS, The Walla Walla players exemplify the very best in student sports by working together on the court, playing basketball with patience, skill, and teamwork; and
WHEREAS, The Tacoma Dome championship venue rang with the echos of cheering fans who traveled 270 miles to support their team; and
WHEREAS, These student-athletes achieved their championship goal by understanding and practicing the values of community, mutual support, and collective effort; and
WHEREAS, Under the leadership of head coach Jim Thacker, a man who has been at Walla Walla High School for twenty-three years, the athletes learned the importance of discipline, goal-setting, leadership, fitness, and pride;
NOW, THEREFORE BE IT RESOLVED, That the Washington State Senate honor and give tribute to the achievement reached by the student-athletes and coaches at Walla Walla High School — the 1999 Boys’ 4A State Basketball Champions.
BE IT FURTHER RESOLVED, That the Secretary of the Senate do hereby immediately transmit a copy of this resolution to Walla Walla High School.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the sixth order of business.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Franklin, Gubernatorial Appointment No. 9103, Charlotte Coker, as a member of the Human Rights Commission, was confirmed.
APPOINTMENT OF CHARLOTTE COKER
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 6; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, West, Winsley and Wojahn - 42. Absent: Senators Deccio, Fairley, Hale, Snyder, Thibaudeau and Zarelli - 6. Excused: Senator Finkbeiner - 1.
SECOND READING
HOUSE BILL NO. 1378, by Representatives Veloria, Dunn, Morris, Kastama, Van Luven, Ogden, Kenney, Bush, Santos, Fortunato, Hurst, Edwards, O'Brien, McDonald and Keiser
Regulating manufactured and mobile home landlord-tenant relations.
The bill was read the second time.
MOTION
Senator Winsley moved that the following Committee on Commerce, Trade, Housing and Financial Institutions striking amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 59.20.010 and 1977 ex.s. c 279 s 1 are each amended to read as follows:
This chapter shall be known and may be cited as the "Manufactured/Mobile Home Landlord-Tenant Act".
Sec. 2. RCW 59.20.030 and 1998 c 118 s 1 are each amended to read as follows:
For purposes of this chapter:
(1) "Abandoned" as it relates to a mobile home, manufactured home, or park model owned by a tenant in a mobile home park, mobile home park cooperative, or mobile home park subdivision or tenancy in a mobile home lot means the tenant has defaulted in rent and by absence and by words or actions reasonably indicates the intention not to continue tenancy;
(2) "Landlord" means the owner of a mobile home park and includes the agents of a landlord;
(3) "Manufactured home" means a single-family dwelling built according to the United States department of housing and urban development manufactured home construction and safety standards act, which is a national preemptive building code. A manufactured home also: (a) Includes plumbing, heating, air conditioning, and electrical systems; (b) is built on a permanent chassis; and (c) can be transported in one or more sections with each section at least eight feet wide and forty feet long when transported, or when installed on the site is three hundred twenty square feet or greater;
(4) "Mobile home" means a factory-built dwelling built prior to June 15, 1976, to standards other than the United States department of housing and urban development code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since the introduction of the United States department of housing and urban development manufactured home construction and safety act;
(5) "Mobile home lot" means a portion of a mobile home park or manufactured housing community designated as the location of one mobile home, manufactured home, or park model and its accessory buildings, and intended for the exclusive use as a primary residence by the occupants of that mobile home, manufactured home, or park model;
(((4))) (6) "Mobile home park" or "manufactured housing community" means any real property which is rented or held out for rent to others for the placement of two or more mobile homes manufactured homes, or park models for the primary purpose of production of income, except where such real property is rented or held out for rent for seasonal recreational purpose only and is not intended for year-round occupancy;
(((5))) (7) "Mobile home park cooperative" or "manufactured housing cooperative" means real property consisting of common areas and two or more lots held out for placement of mobile homes, manufactured homes, or park models in which both the individual lots and the common areas are owned by an association of shareholders which leases or otherwise extends the right to occupy individual lots to its own members;
(((6))) (8) "Mobile home park subdivision" or "manufactured housing subdivision" means real property, whether it is called a subdivision, condominium, or planned unit development, consisting of common areas and two or more lots held for placement of mobile homes, manufactured homes, or park models in which there is private ownership of the individual lots and common, undivided ownership of the common areas by owners of the individual lots;
(((7))) (9) "Park model" means a recreational vehicle intended or used for permanent or semi-permanent installation and habitation;
(10) "Recreational vehicle" means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self-propelled or mounted on or drawn by another vehicle, is transient, is not occupied as a primary residence, and is not immobilized or permanently affixed to a mobile home lot;
(((8))) (11) "Tenant" means any person, except a transient, who rents a mobile home lot;
(((9))) (12) "Transient" means a person who rents a mobile home lot for a period of less than one month for purposes other than as a primary residence;
(((10))) (13) "Occupant" means any person, including a live-in care provider, other than a tenant, who occupies a mobile home, manufactured home, or park model and mobile home lot.
Sec. 3. RCW 59.20.040 and 1997 c 86 s 2 are each amended to read as follows:
This chapter shall regulate and determine legal rights, remedies, and obligations arising from any rental agreement between a landlord and a tenant regarding a mobile home lot and including specified amenities within the mobile home park, mobile home park cooperative, or mobile home park subdivision, where the tenant has no ownership interest in the property or in the association which owns the property, whose uses are referred to as a part of the rent structure paid by the tenant. All such rental agreements shall be unenforceable to the extent of any conflict with any provision of this chapter. Chapter 59.12 RCW shall be applicable only in implementation of the provisions of this chapter and not as an alternative remedy to this chapter which shall be exclusive where applicable: PROVIDED, That the provision of RCW 59.12.090, 59.12.100, and 59.12.170 shall not apply to any rental agreement included under the provisions of this chapter. RCW 59.18.055 and 59.18.370 through 59.18.410 shall be applicable to any action of forcible entry or detainer or unlawful detainer arising from a tenancy under the provisions of this chapter, except when a mobile home, manufactured home, or park model or a tenancy in a mobile home lot is abandoned. Rentals of mobile homes, manufactured homes, or park models themselves are governed by the Residential Landlord-Tenant Act, chapter 59.18 RCW.
Sec. 4. RCW 59.20.050 and 1981 c 304 s 37 are each amended to read as follows:
(1) No landlord may offer a mobile home lot for rent to anyone without offering a written rental agreement for a term of one year or more. No landlord may offer to anyone any rental agreement for a term of one year or more for which the monthly rental is greater, or the terms of payment or other material conditions more burdensome to the tenant, than any month-to-month rental agreement also offered to such tenant or prospective tenant. Anyone who desires to occupy a mobile home lot for other than a term of one year or more may have the option to be on a month-to-month basis but must waive, in writing, the right to such one year or more term: PROVIDED, That annually, at any anniversary date of the tenancy the tenant may require that the landlord provide a written rental agreement for a term of one year. No landlord shall allow a mobile home, manufactured home, or park model to be moved into a mobile home park in this state until a written rental agreement has been signed by and is in the possession of the parties: PROVIDED, That if the landlord allows the tenant to move a mobile home, manufactured home, or park model into a mobile home park without obtaining a written rental agreement for a term of one year or more, or a written waiver of the right to a one-year term or more, the term of the tenancy shall be deemed to be for one year from the date of occupancy of the mobile home lot;
(2) The requirements of subsection (1) of this section shall not apply if:
(a) The mobile home park or part thereof has been acquired or is under imminent threat of condemnation for a public works project, or
(b) An employer-employee relationship exists between a landlord and tenant;
(3) The provisions of this section shall apply to any tenancy upon expiration of the term of any oral or written rental agreement governing such tenancy.
Sec. 5. RCW 59.20.060 and 1990 c 174 s 1 and 1990 c 169 s 1 are each reenacted and amended to read as follows:
(1) Any mobile home space tenancy regardless of the term, shall be based upon a written rental agreement, signed by the parties, which shall contain:
(a) The terms for the payment of rent, including time and place, and any additional charges to be paid by the tenant. Additional charges that occur less frequently than monthly shall be itemized in a billing to the tenant;
(b) Reasonable rules for guest parking which shall be clearly stated;
(c) The rules and regulations of the park;
(d) The name and address of the person who is the landlord, and if such person does not reside in the state there shall also be designated by name and address a person who resides in the county where the mobile home park is located who is authorized to act as agent for the purposes of service of notices and process. If no designation is made of a person to act as agent, then the person to whom rental payments are to be made shall be considered the agent;
(e) The name and address of any party who has a secured interest in the mobile home, manufactured home, or park model;
(f) A forwarding address of the tenant or the name and address of a person who would likely know the whereabouts of the tenant in the event of an emergency or an abandonment of the mobile home, manufactured home, or park model;
(g)(i) A covenant by the landlord that, except for acts or events beyond the control of the landlord, the mobile home park will not be converted to a land use that will prevent the space that is the subject of the lease from continuing to be used for its intended use for a period of three years after the beginning of the term of the rental agreement;
(ii) A rental agreement may, in the alternative, contain a statement that the park may be sold or otherwise transferred at any time with the result that subsequent owners may close the mobile home park, or that the landlord may close the park at any time after the required notice. The covenant or statement required by this subsection must appear in print that is larger than the other text of the lease and must be set off by means of a box, blank space, or comparable visual device;
The requirements of this subsection shall apply to tenancies initiated after April 28, 1989.
(h) The terms and conditions under which any deposit or portion thereof may be withheld by the landlord upon termination of the rental agreement if any moneys are paid to the landlord by the tenant as a deposit or as security for performance of the tenant's obligations in a rental agreement;
(i) A listing of the utilities, services, and facilities which will be available to the tenant during the tenancy and the nature of the fees, if any, to be charged;
(j) A description of the boundaries of a mobile home space sufficient to inform the tenant of the exact location of the tenant's space in relation to other tenants' spaces;
(k) A statement of the current zoning of the land on which the mobile home park is located; and
(l) A statement of the expiration date of any conditional use, temporary use, or other land use permit subject to a fixed expiration date that is necessary for the continued use of the land as a mobile home park.
(2) Any rental agreement executed between the landlord and tenant shall not contain any provision:
(a) Which allows the landlord to charge a fee for guest parking unless a violation of the rules for guest parking occurs: PROVIDED, That a fee may be charged for guest parking which covers an extended period of time as defined in the rental agreement;
(b) Which authorizes the towing or impounding of a vehicle except upon notice to the owner thereof or the tenant whose guest is the owner of the vehicle;
(c) Which allows the landlord to alter the due date for rent payment or increase the rent: (i) During the term of the rental agreement if the term is less than one year, or (ii) more frequently than annually if the term is for one year or more: PROVIDED, That a rental agreement may include an escalation clause for a pro rata share of any increase in the mobile home park's real property taxes or utility assessments or charges, over the base taxes or utility assessments or charges of the year in which the rental agreement took effect, if the clause also provides for a pro rata reduction in rent or other charges in the event of a reduction in real property taxes or utility assessments or charges, below the base year: PROVIDED FURTHER, That a rental agreement for a term exceeding one year may provide for annual increases in rent in specified amounts or by a formula specified in such agreement;
(d) By which the tenant agrees to waive or forego rights or remedies under this chapter;
(e) Allowing the landlord to charge an "entrance fee" or an "exit fee";
(f) Which allows the landlord to charge a fee for guests: PROVIDED, That a landlord may establish rules charging for guests who remain on the premises for more than fifteen days in any sixty-day period;
(g) By which the tenant agrees to waive or forego homestead rights provided by chapter 6.13 RCW. This subsection shall not prohibit such waiver after a default in rent so long as such waiver is in writing signed by the husband and wife or by an unmarried claimant and in consideration of the landlord's agreement not to terminate the tenancy for a period of time specified in the waiver if the landlord would be otherwise entitled to terminate the tenancy under this chapter; or
(h) By which, at the time the rental agreement is entered into, the landlord and tenant agree to the selection of a particular arbitrator.
Sec. 6. RCW 59.20.070 and 1993 c 66 s 16 are each amended to read as follows:
A landlord shall not:
(1) Deny any tenant the right to sell such tenant's mobile home, manufactured home, or park model within a park or require the removal of the mobile home, manufactured home, or park model from the park because of the sale thereof. Requirements for the transfer of the rental agreement are in RCW 59.20.073;
(2) Restrict the tenant's freedom of choice in purchasing goods or services but may reserve the right to approve or disapprove any exterior structural improvements on a mobile home space: PROVIDED, That door-to-door solicitation in the mobile home park may be restricted in the rental agreement. Door-to-door solicitation does not include public officials or candidates for public office meeting or distributing information to tenants in accordance with subsection (4) of this section;
(3) Prohibit meetings by tenants of the mobile home park to discuss mobile home living and affairs, including political caucuses or forums for or speeches of public officials or candidates for public office, or meetings of organizations that represent the interest of tenants in the park, held in any of the park community or recreation halls if these halls are open for the use of the tenants, conducted at reasonable times and in an orderly manner on the premises, nor penalize any tenant for participation in such activities;
(4) Prohibit a public official or candidate for public office from meeting with or distributing information to tenants in their individual mobile homes, manufactured homes, or park models, nor penalize any tenant for participating in these meetings or receiving this information;
(5) Evict a tenant, terminate a rental agreement, decline to renew a rental agreement, increase rental or other tenant obligations, decrease services, or modify park rules in retaliation for any of the following actions on the part of a tenant taken in good faith:
(a) Filing a complaint with any state, county, or municipal governmental authority relating to any alleged violation by the landlord of an applicable statute, regulation, or ordinance;
(b) Requesting the landlord to comply with the provision of this chapter or other applicable statute, regulation, or ordinance of the state, county, or municipality;
(c) Filing suit against the landlord for any reason;
(d) Participation or membership in any homeowners association or group;
(6) Charge to any tenant a utility fee in excess of actual utility costs or intentionally cause termination or interruption of any tenant's utility services, including water, heat, electricity, or gas, except when an interruption of a reasonable duration is required to make necessary repairs;
(7) Remove or exclude a tenant from the premises unless this chapter is complied with or the exclusion or removal is under an appropriate court order; or
(8) Prevent the entry or require the removal of a mobile home, manufactured home, or park model for the sole reason that the mobile home has reached a certain age. Nothing in this subsection shall limit a landlords' right to exclude or expel a mobile home, manufactured home, or park model for any other reason, including but not limited to violations of applicable fire and safety standards provided such action conforms to chapter 59.20 RCW or any other statutory provision.
Sec. 7. RCW 59.20.073 and 1993 c 66 s 17 are each amended to read as follows:
(1) Any rental agreement shall be assignable by the tenant to any person to whom he or she sells or transfers title to the mobile home, manufactured home, or park model.
(2) A tenant who sells a mobile home, manufactured home, or park model within a park shall notify the landlord in writing of the date of the intended sale and transfer of the rental agreement at least fifteen days in advance of such intended transfer and shall notify the buyer in writing of the provisions of this section. The tenant shall verify in writing to the landlord payment of all taxes, rent, and reasonable expenses due on the mobile home, manufactured home, or park model and mobile home lot.
(3) The landlord shall notify the selling tenant, in writing, of a refusal to permit transfer of the rental agreement at least seven days in advance of such intended transfer.
(4) The landlord may require the mobile home, manufactured home, or park model to meet applicable fire and safety standards.
(5) The landlord shall approve or disapprove of the assignment of a rental agreement on the same basis that the landlord approves or disapproves of any new tenant, and any disapproval shall be in writing. Consent to an assignment shall not be unreasonably withheld.
(((5))) (6) Failure to notify the landlord in writing, as required under subsection (2) of this section; or failure of the new tenant to make a good faith attempt to arrange an interview with the landlord to discuss assignment of the rental agreement; or failure of the current or new tenant to obtain written approval of the landlord for assignment of the rental agreement, shall be grounds for disapproval of such transfer.
Sec. 8. RCW 59.20.074 and 1990 c 169 s 2 are each amended to read as follows:
(1) A secured party who has a security interest in a mobile home, manufactured home, or park model that is located within a mobile home park and who has a right to possession of the mobile home, manufactured home, or park model under RCW 62A.9-503, shall be liable to the landlord from the date the secured party receives written notice by certified mail, return receipt requested, for rent for occupancy of the mobile home space under the same terms the tenant was paying prior to repossession, and any other reasonable expenses incurred after the receipt of the notice, until disposition of the mobile home, manufactured home, or park model under RCW 62A.9-504. The notice of default by a tenant must state the amount of rent and the amount and nature of any reasonable expenses that the secured party is liable for payment to the landlord. The notice must also state that the secured party will be provided a copy of the rental agreement previously signed by the tenant and the landlord upon request.
(2) This section shall not affect the availability of a landlord's lien as provided in chapter 60.72 RCW.
(3) As used in this section, "security interest" shall have the same meaning as this term is defined in RCW 62A.1-201, and "secured party" shall have the same meaning as this term is defined in RCW 62A.9-105.
(4) For purposes of this section, "reasonable expenses" means any routine maintenance and utility charges for which the tenant is liable under the rental agreement.
(5) Any rent or other reasonable expenses owed by the secured party to the landlord pursuant to this section shall be paid to the landlord prior to the removal of the mobile home, manufactured home, or park model from the mobile home park.
(6) If a secured party who has a secured interest in a mobile home, manufactured home, or park model that is located in a mobile home park becomes liable to the landlord pursuant to this section, then the relationship between the secured party and the landlord shall be governed by the rental agreement previously signed by the tenant and the landlord unless otherwise agreed, except that the term of the rental agreement shall convert to a month-to-month tenancy. No waiver is required to convert the rental agreement to a month-to-month tenancy. Either the landlord or the secured party may terminate the month-to-month tenancy upon giving written notice of thirty days or more. The secured party and the landlord are not required to execute a new rental agreement. Nothing in this section shall be construed to be a waiver of any rights by the tenant.
Sec. 9. RCW 59.20.075 and 1984 c 58 s 3 are each amended to read as follows:
Initiation by the landlord of any action listed in RCW 59.20.070(((4))) (5) within one hundred twenty days after a good faith and lawful act by the tenant or within one hundred twenty days after any inspection or proceeding of a governmental agency resulting from such act, shall create a rebuttable presumption affecting the burden of proof, that the action is a reprisal or retaliatory action against the tenant: PROVIDED, That if the court finds that the tenant made a complaint or report to a governmental authority within one hundred twenty days after notice of a proposed increase in rent or other action in good faith by the landlord, there is a rebuttable presumption that the complaint or report was not made in good faith: PROVIDED FURTHER, That no presumption against the landlord shall arise under this section, with respect to an increase in rent, if the landlord, in a notice to the tenant of increase in rent, specifies reasonable grounds for said increase, which grounds may include a substantial increase in market value due to remedial action under this chapter.
Sec. 10. RCW 59.20.080 and 1998 c 118 s 2 are each amended to read as follows:
(1) A landlord shall not terminate or fail to renew a tenancy of a tenant or the occupancy of an occupant, of whatever duration except for one or more of the following reasons:
(a) Substantial violation, or repeated or periodic violations of the rules of the mobile home park as established by the landlord at the inception of the tenancy or as assumed subsequently with the consent of the tenant or for violation of the tenant's duties as provided in RCW 59.20.140. The tenant shall be given written notice to cease the rule violation immediately. The notice shall state that failure to cease the violation of the rule or any subsequent violation of that or any other rule shall result in termination of the tenancy, and that the tenant shall vacate the premises within fifteen days: PROVIDED, That for a periodic violation the notice shall also specify that repetition of the same violation shall result in termination: PROVIDED FURTHER, That in the case of a violation of a "material change" in park rules with respect to pets, tenants with minor children living with them, or recreational facilities, the tenant shall be given written notice under this chapter of a six month period in which to comply or vacate;
(b) Nonpayment of rent or other charges specified in the rental agreement, upon five days written notice to pay rent and/or other charges or to vacate;
(c) Conviction of the tenant of a crime, commission of which threatens the health, safety, or welfare of the other mobile home park tenants. The tenant shall be given written notice of a fifteen day period in which to vacate;
(d) Failure of the tenant to comply with local ordinances and state laws and regulations relating to mobile homes, manufactured homes, or park models or mobile home, manufactured homes, or park model living within a reasonable time after the tenant's receipt of notice of such noncompliance from the appropriate governmental agency;
(e) Change of land use of the mobile home park including, but not limited to, conversion to a use other than for mobile homes, manufactured homes, or park models or conversion of the mobile home park to a mobile home park cooperative or mobile home park subdivision: PROVIDED, That the landlord shall give the tenants twelve months' notice in advance of the effective date of such change, except that for the period of six months following April 28, 1989, the landlord shall give the tenants eighteen months' notice in advance of the proposed effective date of such change;
(f) Engaging in "criminal activity." "Criminal activity" means a criminal act defined by statute or ordinance that threatens the health, safety, or welfare of the tenants. A park owner seeking to evict a tenant or occupant under this subsection need not produce evidence of a criminal conviction, even if the alleged misconduct constitutes a criminal offense. Notice from a law enforcement agency of criminal activity constitutes sufficient grounds, but not the only grounds, for an eviction under this subsection. Notification of the seizure of illegal drugs under RCW 59.20.155 is evidence of criminal activity and is grounds for an eviction under this subsection. The requirement that any tenant or occupant register as a sex offender under RCW 9A.44.130 is grounds for eviction under this subsection. If criminal activity is alleged to be a basis of termination, the park owner may proceed directly to an unlawful detainer action;
(g) The tenant's application for tenancy contained a material misstatement that induced the park owner to approve the tenant as a resident of the park, and the park owner discovers and acts upon the misstatement within one year of the time the resident began paying rent;
(h) If the landlord serves a tenant three fifteen-day notices within a twelve-month period to comply or vacate for failure to comply with the material terms of the rental agreement or park rules. The applicable twelve-month period shall commence on the date of the first violation;
(i) Failure of the tenant to comply with obligations imposed upon tenants by applicable provisions of municipal, county, and state codes, statutes, ordinances, and regulations, including chapter 59.20 RCW. The landlord shall give the tenant written notice to comply immediately. The notice must state that failure to comply will result in termination of the tenancy and that the tenant shall vacate the premises within fifteen days;
(j) The tenant engages in disorderly or substantially annoying conduct upon the park premises that results in the destruction of the rights of others to the peaceful enjoyment and use of the premises. The landlord shall give the tenant written notice to comply immediately. The notice must state that failure to comply will result in termination of the tenancy and that the tenant shall vacate the premises within fifteen days;
(k) The tenant creates a nuisance that materially affects the health, safety, and welfare of other park residents. The landlord shall give the tenant written notice to cease the conduct that constitutes a nuisance immediately. The notice must state that failure to cease the conduct will result in termination of the tenancy and that the tenant shall vacate the premises in five days;
(l) Any other substantial just cause that materially affects the health, safety, and welfare of other park residents. The landlord shall give the tenant written notice to comply immediately. The notice must state that failure to comply will result in termination of the tenancy and that the tenant shall vacate the premises within fifteen days; or
(m) Failure to pay rent by the due date provided for in the rental agreement three or more times in a twelve-month period, commencing with the date of the first violation, after service of a five-day notice to comply or vacate.
(2) Within five days of a notice of eviction as required by subsection (1)(a) of this section, the landlord and tenant shall submit any dispute to mediation. The parties may agree in writing to mediation by an independent third party or through industry mediation procedures. If the parties cannot agree, then mediation shall be through industry mediation procedures. A duty is imposed upon both parties to participate in the mediation process in good faith for a period of ten days for an eviction under subsection (1)(a) of this section. It is a defense to an eviction under subsection (1)(a) of this section that a landlord did not participate in the mediation process in good faith.
(3) Chapters 59.12 and 59.18 RCW govern the eviction of recreational vehicles from mobile home parks except park models as defined in RCW 59.20.030(9).
Sec. 11. RCW 59.20.130 and 1993 c 66 s 20 are each amended to read as follows:
It shall be the duty of the landlord to:
(1) Comply with codes, statutes, ordinances, and administrative rules applicable to the mobile home park;
(2) Maintain the common premises and prevent the accumulation of stagnant water and to prevent the detrimental effects of moving water when such condition is not the fault of the tenant;
(3) Keep any shared or common premises reasonably clean, sanitary, and safe from defects to reduce the hazards of fire or accident;
(4) Keep all common premises of the mobile home park, and vacant mobile home lots, not in the possession of tenants, free of weeds or plant growth noxious and detrimental to the health of the tenants and free from potentially injurious or unsightly objects and condition;
(5) Exterminate or make a reasonable effort to exterminate rodents, vermin, or other pests dangerous to the health and safety of the tenant whenever infestation exists on the common premises or whenever infestation occurs in the interior of a mobile home, manufactured home, or park model as a result of infestation existing on the common premises;
(6) Maintain and protect all utilities provided to the mobile home, manufactured home, or park model in good working condition. Maintenance responsibility shall be determined at that point where the normal mobile home, manufactured home, or park model utilities "hook-ups" connect to those provided by the landlord or utility company;
(7) Respect the privacy of the tenants and shall have no right of entry to a mobile home, manufactured home, or park model without the prior written consent of the occupant, except in case of emergency or when the occupant has abandoned the mobile home, manufactured home, or park model. Such consent may be revoked in writing by the occupant at any time. The ownership or management shall have a right of entry upon the land upon which a mobile home, manufactured home, or park model is situated for maintenance of utilities, to insure compliance with applicable codes, statutes, ordinances, administrative rules, and the rental agreement and the rules of the park, and protection of the mobile home park at any reasonable time or in an emergency, but not in a manner or at a time which would interfere with the occupant's quiet enjoyment. The ownership or management shall make a reasonable effort to notify the tenant of their intention of entry upon the land which a mobile home, manufactured home, or park model is located prior to entry;
(8) Allow tenants freedom of choice in the purchase of goods and services, and not unreasonably restrict access to the mobile home park for such purposes;
(9) Maintain roads within the mobile home park in good condition; and
(10) Notify each tenant within five days after a petition has been filed by the landlord for a change in the zoning of the land where the mobile home park is located and make a description of the change available to the tenant.
A landlord shall not have a duty to repair a defective condition under this section, nor shall any defense or remedy be available to the tenant under this chapter, if the defective condition complained of was caused by the conduct of the tenant, the tenant's family, invitee, or other person acting under the tenant's control, or if a tenant unreasonably fails to allow the landlord access to the property for purposes of repair.
Sec. 12. RCW 59.20.135 and 1994 c 30 s 1 are each amended to read as follows:
(1) The legislature finds that some mobile home park owners transfer the responsibility for the upkeep of permanent structures within the mobile home park to the park tenants. This transfer sometimes occurs after the permanent structures have been allowed to deteriorate. Many mobile home parks consist entirely of senior citizens who do not have the financial resources or physical capability to make the necessary repairs to these structures once they have fallen into disrepair. The inability of the tenants to maintain permanent structures can lead to significant safety hazards to the tenants as well as to visitors to the mobile home park. The legislature therefore finds and declares that it is in the public interest and necessary for the public health and safety to prohibit mobile home park owners from transferring the duty to maintain permanent structures in mobile home parks to the tenants.
(2) A mobile home park owner is prohibited from transferring responsibility for the maintenance or care of permanent structures within the mobile home park to the tenants of the park. A provision within a rental agreement or other document transferring responsibility for the maintenance or care of permanent structures within the mobile home park to the park tenants is void.
(3) A "permanent structure" for purposes of this section includes the clubhouse, carports, storage sheds, or other permanent structure. A permanent structure does not include structures built or affixed by a tenant. A permanent structure includes only those structures that were provided as amenities to the park tenants.
(4) Nothing in this section shall be construed to prohibit a park owner from requiring a tenant to maintain his or her mobile home, manufactured home, or park model or yard. Nothing in this section shall be construed to prohibit a park owner from transferring responsibility for the maintenance or care of permanent structures within the mobile home park to an organization of park tenants or to an individual park tenant when requested by the tenant organization or individual tenant.
Sec. 13. RCW 59.20.145 and 1993 c 152 s 1 are each amended to read as follows:
A tenant in a mobile home park may share his or her mobile home, manufactured home, or park model with any person over eighteen years of age, if that person is providing live-in home health care or live-in hospice care to the tenant under an approved plan of treatment ordered by the tenant's physician. The live-in care provider is not considered a tenant of the park and shall have no rights of tenancy in the park. Any agreement between the tenant and the live-in care provider does not change the terms and conditions of the rental agreement between the landlord and the tenant. The live-in care provider shall comply with the rules of the mobile home park, the rental agreement, and this chapter. The landlord may not charge a guest fee for the live-in care provider.
Sec. 14. RCW 59.20.150 and 1979 ex.s. c 186 s 10 are each amended to read as follows:
(1) Any notice required by this chapter to be given to a tenant shall be served on behalf of the landlord: (a) By delivering a copy personally to the tenant; or (b) ((if the tenant is absent from the mobile home, by leaving a copy at the mobile home with some person of suitable age and discretion and by sending a copy through the mail addressed to the tenant's place of residence; or (c))) if the tenant is absent from the mobile home ((and a person of suitable age and discretion cannot be found to leave a copy with, then)), manufactured home, or park model by affixing a copy of the notice in a conspicuous place on the mobile home, manufactured home, or park model and also sending a copy through the mail addressed to the tenant at the tenant's last known address.
(2) Any notice required by this chapter to be given to the landlord shall be served by the tenant in the same manner as provided for in subsection (1) of this section, or by mail to the landlord at such place as shall be expressly provided in the rental agreement.
(3) The landlord shall state in any notice of eviction required by RCW 59.20.080(1) as now or hereafter amended the specific reason for eviction in a clear and concise manner.
Sec. 15. RCW 59.20.170 and 1979 ex.s. c 186 s 12 are each amended to read as follows:
(1) All moneys paid to the landlord by the tenant as a deposit as security for performance of the tenant's obligations in a rental agreement shall promptly be deposited by the landlord in a trust account, maintained by the landlord for the purpose of holding such security deposits for tenants of the landlord, in a bank, savings and loan association, mutual savings bank, or licensed escrow agent located in Washington. Except as provided in subsection (2) of this section, unless otherwise agreed in writing, the landlord shall be entitled to receipt of interest paid on such trust account deposits. The landlord shall provide the tenant with a written receipt for the deposit and shall provide written notice of the name and address and location of the depository and any subsequent change thereof. If during a tenancy the status of landlord is transferred to another, any sums in the deposit trust account affected by such transfer shall simultaneously be transferred to an equivalent trust account of the successor landlord, and the successor landlord shall promptly notify the tenant of the transfer and of the name, address and location of the new depository. The tenant's claim to any moneys paid under this section shall be prior to that of any creditor of the landlord, including a trustee in bankruptcy or receiver, even if such moneys are commingled.
(2) All moneys paid, in excess of two months' rent on the mobile home lot, to the landlord by the tenant as a deposit as security for performance of the tenant's obligations in a rental agreement shall be deposited into an interest-bearing trust account for the particular tenant. The interest accruing on the deposit in the account, minus fees charged to administer the account, shall be paid to the tenant on an annual basis. All other provisions of subsection (1) of this section shall apply to deposits under this subsection.
Sec. 16. RCW 59.20.210 and 1984 c 58 s 8 are each amended to read as follows:
(1) If at any time during the tenancy, the landlord fails to carry out any of the duties imposed by RCW 59.20.130, and notice of the defect is given to the landlord pursuant to RCW 59.20.200, the tenant may submit to the landlord or the landlord's designated agent by certified mail or in person at least two bids to perform the repairs necessary to correct the defective condition from licensed or registered persons, or if no licensing or registration requirement applies to the type of work to be performed, from responsible persons capable of performing such repairs. Such bids may be submitted to the landlord at the same time as notice is given pursuant to RCW 59.20.200.
(2) If the landlord fails to commence repair of the defective condition within a reasonable time after receipt of notice from the tenant, the tenant may contract with the person submitting the lowest bid to make the repair, and upon the completion of the repair and an opportunity for inspection by the landlord or the landlord's designated agent, the tenant may deduct the cost of repair from the rent in an amount not to exceed the sum expressed in dollars representing one month's rental of the tenant's mobile home space in any calendar year. When, however, the landlord is required to begin remedying the defective condition within thirty days under RCW 59.20.200, the tenant cannot contract for repairs for at least fifteen days following receipt of bids by the landlord. The total costs of repairs deducted by the tenant in any calendar year under this subsection shall not exceed the sum expressed in dollars representing one month's rental of the tenant's mobile home space.
(3) Two or more tenants shall not collectively initiate remedies under this section. Remedial action under this section shall not be initiated for conditions in the design or construction existing in a mobile home park before June 7, 1984.
(4) The provisions of this section shall not:
(a) Create a relationship of employer and employee between landlord and tenant; or
(b) Create liability under the worker's compensation act; or
(c) Constitute the tenant as an agent of the landlord for the purposes of ((RCW 60.04.010 and 60.04.040)) mechanics' and materialmen's liens under chapter 60.04 RCW.
(5) Any repair work performed under this section shall comply with the requirements imposed by any applicable code, statute, ordinance, or rule. A landlord whose property is damaged because of repairs performed in a negligent manner may recover the actual damages in an action against the tenant.
(6) Nothing in this section shall prevent the tenant from agreeing with the landlord to undertake the repairs in return for cash payment or a reasonable reduction in rent, the agreement to be between the parties, and this agreement does not alter the landlord's obligations under this chapter.
Sec. 17. RCW 59.20.220 and 1984 c 58 s 9 are each amended to read as follows:
(1) If a court or an arbitrator determines that:
(a) A landlord has failed to carry out a duty or duties imposed by RCW 59.20.130; and
(b) A reasonable time has passed for the landlord to remedy the defective condition following notice to the landlord under RCW 59.20.200 or such other time as may be allotted by the court or arbitrator; the court or arbitrator may determine the diminution in rental value of the property due to the defective condition and shall render judgment against the landlord for the rent paid in excess of such diminished rental value from the time of notice of such defect to the time of decision and any costs of repair done pursuant to ((section 4 of this act)) RCW 59.20.210 for which no deduction has been previously made. Such decisions may be enforced as other judgments at law and shall be available to the tenant as a set-off against any existing or subsequent claims of the landlord.
The court or arbitrator may also authorize the tenant to contract to make further corrective repairs. The court or arbitrator shall specify a time period in which the landlord may make such repairs before the tenant may contract for such repairs. Such repairs shall not exceed the sum expressed in dollars representing one month's rental of the tenant's mobile home space in any one calendar year.
(2) The tenant shall not be obligated to pay rent in excess of the diminished rental value of the mobile home space until such defect or defects are corrected by the landlord or until the court or arbitrator determines otherwise.
NEW SECTION. Sec. 18. A new section is added to chapter 35.21 RCW to read as follows:
(1) A city or town shall transmit a copy of any permit issued to a tenant or the tenant's agent for a mobile home, manufactured home, or park model installation in a mobile home park to the landlord.
(2) A city or town shall transmit a copy of any permit issued to a person engaged in the business of moving or installing a mobile home, manufactured home, or park model in a mobile home park to the tenant and the landlord.
(3) As used in this section:
(a) "Landlord" has the same meaning as in RCW 59.20.030;
(b) "Mobile home park" has the same meaning as in RCW 59.20.030;
(c) "Mobile or manufactured home installation" has the same meaning as in RCW 43.63B.010; and
(d) "Tenant" has the same meaning as in RCW 59.20.030.
NEW SECTION. Sec. 19. A new section is added to chapter 35A.21 RCW to read as follows:
(1) A code city shall transmit a copy of any permit issued to a tenant or the tenant's agent for a mobile home, manufactured home, or park model installation in a mobile home park to the landlord.
(2) A code city shall transmit a copy of any permit issued to a person engaged in the business of moving or installing a mobile home, manufactured home, or park model in a mobile home park to the tenant and the landlord.
(3) As used in this section:
(a) "Landlord" has the same meaning as in RCW 59.20.030;
(b) "Mobile home park" has the same meaning as in RCW 59.20.030;
(c) "Mobile or manufactured home installation" has the same meaning as in RCW 43.63B.010; and
(d) "Tenant" has the same meaning as in RCW 59.20.030.
NEW SECTION. Sec. 20. A new section is added to chapter 36.01 RCW to read as follows:
(1) A county shall transmit a copy of any permit issued to a tenant or the tenant's agent for a mobile home, manufactured home, or park model installation in a mobile home park to the landlord.
(2) A county shall transmit a copy of any permit issued to a person engaged in the business of moving or installing a mobile home, manufactured home, or park model in a mobile home park to the tenant and the landlord.
(3) As used in this section:
(a) "Landlord" has the same meaning as in RCW 59.20.030;
(b) "Mobile home park" has the same meaning as in RCW 59.20.030;
(c) "Mobile or manufactured home installation" has the same meaning as in RCW 43.63B.010; and
(d) "Tenant" has the same meaning as in RCW 59.20.030.
NEW SECTION. Sec. 21. 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, 1999."
MOTION
On motion of Senator Winsley, the following amendments by Senators Winsley, Sheahan, Hale, Shin, Prentice, Tim Sheldon, and Goings to the Committee on Commerce, Trade, Housing and Financial Institutions striking amendment were considered simultaneously and were adopted:
On page 21, line 14 of the amendment, strike "This act is" and insert "Sections 1 through 20 of this act are"
On page 21, line 16 of the amendment, strike "takes" and insert "take"
On page 21, after line 17 of the amendment, insert the following:
"NEW SECTION. Sec. 22. The purpose of this chapter is to establish a certification program for managers of mobile home parks.
NEW SECTION. Sec. 23. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Advisory council" means the advisory council on mobile home park manager training and certification created in section 28 of this act.
(2) "Department" means the department of community, trade, and economic development.
(3) "Director" means the director of the department of community, trade, and economic development.
(4) "Mobile home park" has the same meaning as in RCW 59.20.030.
(5) "Mobile home park management" means those actions, functions, or duties related to the management of a mobile home park.
(6) "Mobile home park manager" means a person who performs mobile home park management duties and is required to be certified under this chapter to perform mobile home park management services and includes resident owners of mobile home parks who perform management duties.
NEW SECTION. Sec. 24. (1) A person shall not manage a mobile home park in this state for any mobile home park with more than twenty-five mobile home lots until a certificate of registration certifying him or her as a mobile home park manager has been issued to him or her by the director in accordance with this chapter.
(2) A corporation, partnership, trust, association, sole proprietor, or other like organization may engage in the business of mobile home park management without being certified if it employs, retains, or contracts with certified natural persons who are registered mobile home park managers subject to this act in the direct supervision of the entities engaging in the business of mobile home park management.
NEW SECTION. Sec. 25. (1) The director shall not issue an initial certificate of registration to any person to act as a mobile home park manager until that person has:
(a) Executed a written application on a form prescribed by the director, subscribed and sworn to by the applicant;
(b) Attended and completed a department-approved training course for mobile home park managers;
(c) Passed an examination approved by the department which demonstrates that the applicant has a fundamental knowledge of the mobile home landlord-tenant act under chapter 59.20 RCW; and
(d) Paid to the director a fee as prescribed in section 29 of this act.
(2) Certificates of registration are effective on the date issued by the department and must be renewed annually.
(3) A certificate of registration may be renewed annually provided the applicant provides evidence of continuing education as approved by the department. This evidence must be submitted with an application to renew certification. A maximum of four hours of continuing education annually may be required by the department for renewal of certification.
(4) As of the effective date of this section, mobile home park managers may present a verification of having successfully completed a training course conducted by a state-wide trade association of mobile home parks, which will satisfy the initial training requirement for one year and entitle the park manager to certification for that year.
NEW SECTION. Sec. 26. The department shall contract with a state-wide trade association exclusively representing mobile home park owners for the delivery of training courses required by this chapter. The trade association may charge a fee for delivery of the training courses. The department, in consultation with the advisory council created under section 28 of this act, shall approve the curriculum of the training program.
NEW SECTION. Sec. 27. (1) The department, in consultation with the advisory council created in section 28 of this act, shall administer, coordinate, and enforce this chapter, develop the examination of applicants, and be responsible for the granting of certificates to qualified persons.
(2) The department is authorized to adopt rules that are necessary to implement, enforce, and interpret this chapter.
NEW SECTION. Sec. 28. (1) There is created an advisory council on mobile home park manager training and certification. The council shall consist of four members as follows: Two members of the council shall be residents of mobile home parks and two members shall be owners of mobile home parks. The resident members of the council shall be selected from nominees submitted by the mobile home owners of America. The park owner members of the council shall be selected from nominees submitted by the manufactured housing communities of Washington. The director shall appoint the members for terms of two years. The advisory council shall select a chair from its members for a two-year term.
(2) Members of the council shall serve without compensation but are entitled to receive reimbursement for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(3) The functions of the advisory council are to:
(a) Review, evaluate, and advise the department concerning revisions and adoption of rules affecting certification of mobile home park managers and the fees to be charged under section 29 of this act; and
(b) Develop, review, revise, and approve, in consultation with the department, the program for certification of mobile home park managers.
(4) The advisory council shall meet at the call of its chair, at the request of a majority of its membership, at the request of the department, or at such times as are prescribed by rule.
(5) The department shall provide adequate staff support to the advisory council to assist it in fulfilling its duties.
NEW SECTION. Sec. 29. The department shall charge fees for its actual costs in the implementation of sections 26, 27, and 28 of this act. The department shall set fees by rule.
NEW SECTION. Sec. 30. A violation of this chapter is a class 1 civil infraction under chapter 7.80 RCW.
NEW SECTION. Sec. 31. Sections 24 and 25 of this act take effect July 1, 2000.
NEW SECTION. Sec. 32. If any provision of sections 22 through 31 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. 33. Sections 22 through 32 of this act constitute a new chapter in Title 18 RCW."
The President declared the question before the Senate to be the adoption of the Committee on Commerce, Trade, Housing and Financial Institutions striking amendment, as amended.
The committee striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Winsley, the following title amendments were considered simultaneously and were adopted:
On line 2 of the title, after "relations;" strike the remainder the title and insert "amending RCW 59.20.010, 59.20.030, 59.20.040, 59.20.050, 59.20.070, 59.20.073, 59.20.074, 59.20.075, 59.20.080, 59.20.130, 59.20.135, 59.20.145, 59.20.150, 59.20.170, 59.20.210, and 59.20.220; reenacting and amending RCW 59.20.060; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.21 RCW; adding a new section to chapter 36.01 RCW; providing an effective date; and declaring an emergency."
On page 21, line 27 of the title amendment, strike "providing an effective date;" and insert "adding a new chapter to Title 18 RCW; prescribing penalties; providing effective dates;"
On motion of Senator Winsley, the rules were suspended, House Bill No. 1378, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Long: “Senator Winsley, in the amendment that you added, if someone has managed a park for a number of years, do they still have to go through this process?”
Senator Winsley: “They would already be certified by the industry. The industry--”
Senator Long: “They would already be certified?”
Senator Winsley: “The industry, in most cases, already certifies--to bring into those parks where they hire managers that aren't certified. In most cases, your local large parks have good management and they are certifying their own people. So, this takes care of those who are left--”
Senator Long: “Thank you.”
POINT OF INQUIRY
Senator Sellar: “Senator Winsley, just to verify, take somebody who has run a park for--has thirty or forty--they ran a park for twenty years and everything seems to be going well. Unless they get certified, they can't continue to operate their park?”
Senator Winsley: “Certainly they can, but their managers, in the future, will have to be certified. How many units, did you say?”
Senator Sellar: “Let's say forty units or something. It is an owner/manager deal. A lot of these are owner/manager. But, that owner has to go through a certification process now?”
Senator Winsley: “But, the industry puts it on.”
Senator Sellar: “But, it is still something that he has been doing for twenty years and--”
Senator Winsley: “How do you know he's not certified now? He or she?”
Senator Sellar: “I would assume that many of them are not.”
Senator Winsley: “Some are and some aren't.”
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1378, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1378, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 32; Nays, 16; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Horn, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, McCaslin, Patterson, Prentice, Rasmussen, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Wojahn - 32.
Voting nay: Senators Hargrove, Hochstatter, Honeyford, Johnson, Long, McDonald, Morton, Oke, Roach, Rossi, Sellar, Sheahan, Sheldon, T., Stevens, West and Zarelli - 16.
Excused: Senator Deccio - 1.
HOUSE BILL NO. 1378, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1569, by House Committee on Appropriations (originally sponsored by Representatives Keiser, Talcott, Schual-Berke, Carlson, Quall and Regala)
Establishing an excellence in mathematics grant program.
The bill was read the second time.
MOTION
Senator McAuliffe moved that the following Committee on Education striking amendment not be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that the purpose of Washington's accountability system is to improve student learning and student achievement of the essential academic learning standards. The legislature finds that only thirty-one percent of students who took the 1998 fourth grade Washington assessment of student learning met the standard for proficiency in mathematics. The legislature also finds that only twenty percent of students who took the seventh grade trial assessment met the standard for proficiency in mathematics. The legislature finds that the accountability system is designed to help schools, school districts, and the superintendent of public instruction decide how best to improve student performance.
NEW SECTION. Sec. 2. A new section is added to Title 28A RCW to read as follows:
(1) In providing assistance to school districts, to the extent funds are available or appropriated, the superintendent of public instruction shall analyze the results of the Washington assessment of student learning. The superintendent of public instruction shall use the analysis in designing how to best use state-level assistance programs, assistance through educational service districts, summer institutes, and any curriculum specialists. The superintendent may focus assistance on specific grade levels, schools, and subject matter for a specific school year.
(2) In developing state-level assistance programs, the use of curriculum specialists, assistance programs through educational service districts, and summer institutes for the 1999-2000 and 2000-01 school year, the superintendent of public instruction shall place appropriate emphasis on programs to enhance teaching skills in mathematics. The superintendent shall look at providing training in teaching methods that have proven results gathered through empirical research.
(3) The office of the superintendent of public instruction, through the center for the improvement of student learning, may contract with an independent contractor to conduct and disseminate a literature review of best practices in mathematics instruction and staff development in elementary and middle schools state-wide and nationally.
NEW SECTION. Sec. 3. A new section is added to Title 28A RCW to read as follows:
Schools and school districts, when developing student learning improvement plans under section 401 of Substitute Senate Bill No. 5418 or section 301 of Second Substitute House Bill No. 1462, shall assess whether or not the plans provide for improving instruction in mathematics if a significant number of students performed below standard on one or more mathematics assessments. In making this determination, districts shall:
(1) Document whether or not the current instructional model or the instructional model that the school or district intends to implement has proven results gathered through empirical research; and
(2) Determine whether a significant number of students are not achieving mathematics proficiency at grade level, as measured by the fourth grade assessment, the seventh grade assessment, or both. If the fourth grade assessment results are not available, the school may use the results of the third grade norm-referenced standardized achievement test under RCW 28A.230.190."
The President declared the question before the Senate to be the motion by Senator McAuliffe to not adopt the Committee on Education striking amendment to Substitute House Bill No. 1569.
The motion by Senator McAuliffe carried and the committee striking amendment was not adopted.
MOTION
Senator McAuliffe moved that the following striking amendment by Senators McAuliffe and Finkbeiner be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that the purpose of Washington's accountability system is to improve student learning and student achievement of the essential academic learning standards. The legislature finds that only thirty-one percent of students who took the 1998 fourth grade Washington assessment of student learning met the standard for proficiency in mathematics. The legislature also finds that only twenty percent of students who took the seventh grade trial assessment met the standard for proficiency in mathematics. The legislature intends to identify best practices in mathematics instruction for current and prospective mathematics teachers in the elementary and middle grades, and to provide training opportunities for teachers in using those instructional methods to help students in the classroom.
NEW SECTION. Sec. 2. A new section is added to chapter 28A.300 RCW to read as follows:
(1) The excellence in mathematics training program is established to improve the mathematics performance of elementary, middle and junior high school students. The purpose of the program is to improve students' proficiency in mathematics by enhancing teachers' skills in using teaching methods that have been proven to be effective based upon empirical research. The program shall be administered by the office of the superintendent of public instruction.
(2) The superintendent of public instruction, to the extent funds are appropriated, shall establish training programs in mathematics instruction and assessment for educators working with elementary, middle, and junior high school students. The programs shall be designed to prepare educators to select and implement appropriate instructional strategies and effective programs to improve mathematics instruction. Funds, to the extent funds are appropriated, shall be used to develop training programs and to provide the training to the educators both through institutes and in the classroom during the school year. In selecting educators to participate in the program, the superintendent shall give priority to educators from schools and schools districts in which a significant portion of the students performed below standard on one or more mathematics assessments."
MOTION
Senator Benton moved that the following amendments by Senators Benton, Swecker and Johnson to the striking amendment by Senators McAuliffe and Finkbeiner be considered simultaneously and be adopted:
On page 1, beginning on line 7 of the amendment, after "Sec. 1.", strike all material through "standards." on line 9.
On page 1, beginning on line 14 of the amendment, after "mathematics." strike all material through "classroom." on line 19.
On page 1, after line 19 of the amendment, insert the following:
"Sec. 2. RCW 28A.400.200 and 1997 c 141 s 2 are each amended to read as follows:
(1) Every school district board of directors shall fix, alter, allow, and order paid salaries and compensation for all district employees in conformance with this section.
(2)(a)(i) Salaries for certificated instructional staff shall not be less than the salary provided in the appropriations act in the state-wide salary allocation schedule for an employee with a baccalaureate degree and zero years of service;
(ii) For certificated instructional staff hired with zero years of service specifically assigned to teaching duties that include the subjects of math or science or both and at least a 3.5 grade point average at the time of their graduation from a college or university, there shall be a five thousand dollar bonus paid as follows: Two thousand dollars upon completion of the first year of teaching; one thousand dollars upon completion of the second year of teaching; one thousand dollars upon completion of the third year of teaching; and one thousand dollars upon completion of the fourth year of teaching; and
(b) Salaries for certificated instructional staff with a masters degree shall not be less than the salary provided in the appropriations act in the state-wide salary allocation schedule for an employee with a masters degree and zero years of service;
(3)(a) The actual average salary paid to basic education and special education certificated instructional staff shall not exceed the district's average basic education and special education program certificated instructional staff salary used for the state basic education allocations for that school year as determined pursuant to RCW 28A.150.410.
(b) Fringe benefit contributions for basic education and special education certificated instructional staff shall be included as salary under (a) of this subsection only to the extent that the district's actual average benefit contribution exceeds the amount of the insurance benefits allocation provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable. For purposes of this section, fringe benefits shall not include payment for unused leave for illness or injury under RCW 28A.400.210; employer contributions for old age survivors insurance, workers' compensation, unemployment compensation, and retirement benefits under the Washington state retirement system; or employer contributions for health benefits in excess of the insurance benefits allocation provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable. A school district may not use state funds to provide employer contributions for such excess health benefits.
(c) Salary and benefits for certificated instructional staff in programs other than basic education and special education shall be consistent with the salary and benefits paid to certificated instructional staff in the basic education and special education programs.
(4) Salaries and benefits for certificated instructional staff may exceed the limitations in subsection (3) of this section only by separate contract for additional time, additional responsibilities, or incentives. Supplemental contracts shall not cause the state to incur any present or future funding obligation. Supplemental contracts shall be subject to the collective bargaining provisions of chapter 41.59 RCW and the provisions of RCW 28A.405.240, shall not exceed one year, and if not renewed shall not constitute adverse change in accordance with RCW 28A.405.300 through 28A.405.380. No district may enter into a supplemental contract under this subsection for the provision of services which are a part of the basic education program required by Article IX, section 3 of the state Constitution.
(5) Employee benefit plans offered by any district shall comply with RCW 28A.400.350 and 28A.400.275 and 28A.400.280."
Renumber the sections consecutively and correct any internal references accordingly.
POINT OF ORDER
Senator McAuliffe: “Mr. President, I rise to a point of order. I raise the question of scope and object on the amendments by Senators Benton, Swecker and Johnson to the striking amendment. These amendments change the bill to be a bonus for teachers on a salary schedule
that is not within the scope of this bill, which has to do with training programs for math.”
Further debate ensued.
MOTION
On motion of Senator Goings, further consideration of Substitute House Bill No. 1569 was deferred.
SECOND READING
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1477, by House Committee on Appropriations (originally sponsored by Representatives Haigh, Bush, Talcott, Linville, Santos and Edmonds) (by request of Board of Education)
Revising school district organization provisions.
The bill was read the second time.
MOTION
Senator McAuliffe moved that the following Committee on Education striking amendment not be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) Under the constitutional framework and the laws of the state of Washington, the governance structure for the state's public common school system is comprised of the following bodies: The legislature, the governor, the superintendent of public instruction, the state board of education, the educational service district boards of directors, and local school district boards of directors. The respective policy and administrative roles of each body are determined by the state Constitution and statutes.
(2) Local school districts are political subdivisions of the state and the organization of such districts, including the powers, duties, and boundaries thereof, may be altered or abolished by laws of the state of Washington.
PART 1
PURPOSE AND POLICY
NEW SECTION. Sec. 101. PURPOSE--POLICY. (1) It is the purpose of this chapter to:
(a) Incorporate into a single, comprehensive, school district organization law all essential provisions governing:
(i) The formation and establishment of new school districts;
(ii) The alteration of the boundaries of existing districts; and
(iii) The adjustment of the assets and liabilities of school districts when changes are made under this chapter; and
(b) Establish methods and procedures whereby changes in the school district system may be brought about by the people concerned and affected.
(2) It is the state's policy that decisions on proposed changes in school district organization should be made, whenever possible, by negotiated agreement between the affected school districts. If the districts cannot agree, the decision shall be made by the regional committees on school district organization, based on the committees' best judgment, taking into consideration the following factors and factors under section 402 of this act:
(a) A balance of local petition requests and the needs of the state-wide community at large in a manner that advances the best interest of public education in the affected school districts and communities, the educational service district, and the state;
(b) Responsibly serving all of the affected citizens and students by contributing to logical service boundaries and recognizing a changing economic pattern within the educational service districts of the state;
(c) Enhancing the educational opportunities of pupils in the territory by reducing existing disparities among the affected school districts' ability to provide operating and capital funds through an equitable adjustment of the assets and liabilities of the affected districts;
(d) Promoting a wiser use of public funds through improvement in the school district system of the educational service districts and the state; and
(e) Other criteria or considerations as may be established in rule by the state board of education.
(3) It is neither the intent nor purpose of this chapter to apply to organizational changes and the procedure therefor relating to capital fund aid by nonhigh school districts as provided for in chapter 28A.540 RCW.
PART 2
GENERAL PROVISIONS
NEW SECTION. Sec. 201. REORGANIZATION OF DISTRICTS. (1) A new school district may be formed comprising contiguous territory lying in either a single county or in two or more counties. The new district may comprise:
(a) Two or more whole school districts;
(b) Parts of two or more school districts; and/or
(c) Territory that is not a part of any school district if such territory is contiguous to the district to which it is transferred.
(2) The boundaries of existing school districts may be altered:
(a) By the transfer of territory from one district to another district;
(b) By the consolidation of one or more school districts with one or more school districts; or
(c) By the dissolution and annexation to a district of a part or all of one or more other districts or of territory that is not a part of any school district: PROVIDED, That such territory shall be contiguous to the district to which it is transferred or annexed.
(3) Territory may be transferred or annexed to or consolidated with an existing school district without regard to county boundaries.
NEW SECTION. Sec. 202. A new section is added to chapter 28A.300 RCW to read as follows:
CLASSIFICATION--NUMBERING SYSTEM--CHANGE OF CLASSIFICATION. (1) The superintendent of public instruction is responsible for the classification and numbering system of school districts.
(2) Any school district in the state that has a student enrollment in its public schools of two thousand pupils or more, as shown by evidence acceptable to the educational service district superintendent and the superintendent of public instruction, is a school district of the first class. Any other school district is a school district of the second class.
(3) Whenever the educational service district superintendent finds that the classification of a school district should be changed, and upon the approval of the superintendent of public instruction, the educational service district superintendent shall make an order in conformity with his or her findings and alter the records of his or her office accordingly. Thereafter, the board of directors of the district shall organize in the manner provided by law for the organization of the board of a district of the class to which the district then belongs.
(4) Notwithstanding any other provision of chapter 43, Laws of 1975, the educational service district superintendent, with the concurrence of the superintendent of public instruction, may delay approval of a change in classification of any school district for a period not exceeding three years when, in fact, the student enrollment of the district within any such time period does not exceed ten percent, either in a decrease or increase thereof.
NEW SECTION. Sec. 203. CONFLICTING OR INCORRECTLY DESCRIBED SCHOOL DISTRICT BOUNDARIES--CHANGES. In case the boundaries of any of the school districts are conflicting or incorrectly described, the educational service district board of directors, after due notice and a public hearing, shall change, harmonize, and describe them and shall so certify, with a complete transcript of boundaries of all districts affected, such action to the state board for its approval or revision. Upon receipt of notification of state board action, the educational service district superintendent shall transmit to the county legislative authority of the county or counties in which the affected districts are located a complete transcript of the boundaries of all districts affected.
NEW SECTION. Sec. 204. DISTRICT BOUNDARY CHANGES--SUBMISSION TO COUNTY AUDITOR. (1) Any district boundary changes shall be submitted to the county auditor by the educational service district superintendent within thirty days after the changes have been approved in accordance with this chapter. The superintendent shall submit both legal descriptions and maps.
(2) Any boundary changes submitted to the county auditor after the fourth Monday in June of odd-numbered years does not take effect until the following calendar year.
NEW SECTION. Sec. 205. EFFECT OF CHANGES--EXISTING PROVISIONS NOT AFFECTED. (1) Any proposed change in school district organization initiated before the effective date of this act shall be considered under the laws and rules in effect before the effective date of this act. This act applies to any proposed change in school district organization initiated on or after the effective date of this act.
(2) For purposes of this section, "initiated" means the filing of a petition, the motion of a school board, or the report of an educational service district. This section does not preclude the filing of a new petition on or after the effective date of this act where the same or a similar proposal was filed before the effective date of this act.
PART 3
REGIONAL COMMITTEES ON SCHOOL DISTRICT ORGANIZATION
NEW SECTION. Sec. 301. REGIONAL COMMITTEES--POWERS AND DUTIES. The powers and duties of each regional committee are to:
(1) Hear and approve or disapprove proposals for changes in the organization and extent of school districts in the educational service districts when a hearing on a proposal has been requested under section 401 of this act;
(2) Act on notices and proposals from the educational service district under section 501 of this act;
(3) Make an equitable adjustment of the property and other assets and of the liabilities, including bonded indebtedness and excess tax levies as otherwise authorized under this section, as to the old school districts and the new district or districts, if any, involved in or affected by a proposed change in the organization and extent of the school districts;
(4) Make an equitable adjustment of the bonded indebtedness outstanding against any of the old and new districts whenever in its judgment such adjustment is advisable, as to all of the school districts involved in or affected by any change heretofore or hereafter effected;
(5) Provide that territory transferred from a school district by a change in the organization and extent of school districts shall either remain subject to, or be relieved of, any one or more excess tax levies that are authorized for the school district under RCW 84.52.053 before the effective date of the transfer of territory from the school district;
(6) Provide that territory transferred to a school district by a change in the organization and extent of school districts shall either be made subject to, or be relieved of, any one or more excess tax levies that are authorized for the school district under RCW 84.52.053 before the effective date of the transfer of territory to the school district;
(7) Establish the date by which a committee-approved transfer of territory shall take effect;
(8) Hold and keep a record of a public hearing or public hearings (a) on every proposal for the formation of a new school district or for the transfer from one existing district to another of any territory in which children of school age reside or for annexation of territory when the conditions set forth in RCW 28A.315.290 or 28A.315.320 prevail; and (b) on every proposal for adjustment of the assets and of the liabilities of school districts provided for in this chapter. Three members of the regional committee or two members of the committee and the educational service district superintendent may be designated by the committee to hold any public hearing that the committee is required to hold. The regional committee shall cause notice to be given, at least ten days prior to the date appointed for any such hearing, in one or more newspapers of general circulation within the geographical boundaries of the school districts affected by the proposed change or adjustment. In addition notice may be given by radio and television, or either thereof, when in the committee's judgment the public interest will be served thereby; and
(9) Prepare and submit to the superintendent of public instruction from time to time or, upon his or her request, reports and recommendations respecting the urgency of need for school plant facilities, the kind and extent of the facilities required, and the development of improved local school administrative units and attendance areas in the case of school districts that seek state assistance in providing school plant facilities.
NEW SECTION. Sec. 302. POWERS AND DUTIES OF STATE BOARD. The powers and duties of the state board with respect to this chapter shall be:
(1) To aid regional committees in the performance of their duties by furnishing them with plans of procedure, standards, data, maps, forms, and other necessary materials and services essential to a study and understanding of the problems of school district organization in their respective educational service districts.
(2) To hear appeals as provided in section 402 of this act.
NEW SECTION. Sec. 303. ANNUAL TRAINING. To the extent funds are appropriated, the superintendent of public instruction, in cooperation with the educational service districts and the Washington state school directors' association, shall conduct an annual training meeting for the regional committees, state board members, educational service district superintendents, and local school district superintendents and boards of directors. Training may also be provided upon request
. PART 4
TRANSFER OF TERRITORY
NEW SECTION. Sec. 401. TRANSFER OF TERRITORY--REQUIREMENTS--RESPONSIBILITIES OF SCHOOL DISTRICT BOARD OF DIRECTORS. (1) A proposed change in school district organization by transfer of territory from one school district to another may be initiated by a petition in writing presented to the educational service district superintendent:
(a) Signed by at least ten percent of the registered voters residing in the territory proposed to be transferred; or
(b) Signed by a majority of the members of the board of directors of one of the districts affected by a proposed transfer of territory.
(2) The petition shall state the name and number of each district affected, describe the boundaries of the territory proposed to be transferred, and state the reasons for desiring the change and the number of children of school age, if any, residing in the territory.
(3) The educational service district superintendent shall not complete any transfer of territory under this section that involves ten percent or more of the common school student population of the entire district from which the transfer is proposed, unless the educational service district superintendent has first called and held a special election of the voters of the entire school district from which the transfer of territory is proposed. The purpose of the election is to afford those voters an opportunity to approve or reject the proposed transfer. A simple majority shall determine approval or rejection.
(4) The state board may establish rules limiting the frequency of petitions that may be filed pertaining to territory included in whole or in part in a previous petition.
(5) Upon receipt of the petition, the educational service district superintendent shall notify in writing the affected districts that:
(a) Each school district board of directors, whether or not initiating a proposed transfer of territory, is required to enter into negotiations with the affected district or districts;
(b) In the case of a citizen-initiated petition, the affected districts must negotiate on the entire proposed transfer of territory;
(c) The districts have ninety calendar days in which to agree to the proposed transfer of territory;
(d) The districts may request and shall be granted by the educational service district superintendent one thirty-day extension to try to reach agreement; and
(e) Any district involved in the negotiations may at any time during the ninety-day period notify the educational service district superintendent in writing that agreement will not be possible.
(6) If the negotiating school boards cannot come to agreement about the proposed transfer of territory, the educational service district superintendent, if requested by the affected districts, shall appoint a mediator. The mediator has thirty days to work with the affected school districts to see if an agreement can be reached on the proposed transfer of territory.
(7) If the affected school districts cannot come to agreement about the proposed transfer of territory, and the districts do not request the services of a mediator or the mediator was unable to bring the districts to agreement, either district may file with the educational service district superintendent a written request for a hearing by the regional committee.
(8) If the affected school districts cannot come to agreement about the proposed transfer of territory initiated by citizen petition, and the districts do not request the services of a mediator or the mediator was unable to bring the districts to agreement, the district in which the citizens who filed the petition reside shall file with the educational service district superintendent a written request for a hearing by the regional committee, unless a majority of the citizen petitioners request otherwise.
(9) Upon receipt of a notice under subsection (7) or (8) of this section, the educational service district superintendent shall notify the chair of the regional committee in writing within ten days.
(10) Costs incurred by school districts under this section shall be reimbursed by the state from such funds as are appropriated for this purpose.
NEW SECTION. Sec. 402. TRANSFER OF TERRITORY--REGIONAL COMMITTEE--RESPONSIBILITIES. (1) The chair of the regional committee shall schedule a hearing on the proposed transfer of territory at a location in the educational service district within sixty calendar days of being notified under section 401 (7) or (8) of this act.
(2) Within thirty calendar days of the hearing under subsection (1) of this section, or final hearing if more than one is held by the committee, the committee shall issue its written findings and decision to approve or disapprove the proposed transfer of territory. The educational service district superintendent shall transmit a copy of the committee's decision to the superintendents of the affected school districts within ten calendar days.
(3) In carrying out the purposes of section 101 of this act and in making decisions as authorized under section 301(1) of this act, the regional committee shall base its judgment upon whether and to the extent the proposed change in school district organization complies with section 101(2) of this act and rules adopted by the state board under chapter 34.05 RCW.
(4) State board rules under subsection (3) of this section shall provide for giving consideration to all of the following:
(a) The annual school performance reports required under RCW 28A.320.205 in the affected districts and improvement of the educational opportunities of pupils in the territory proposed for a change in school district organization;
(b) The safety and welfare of pupils. For the purposes of this subsection, "safety" means freedom or protection from danger, injury, or damage and "welfare" means a positive condition or influence regarding health, character, and well being;
(c) The history and relationship of the property affected to the students and communities affected, including, for example, inclusion within a single school district, for school attendance and corresponding tax support purposes, of entire master planned communities that were or are to be developed pursuant to an integrated commercial and residential development plan with over one thousand dwelling units;
(d) Whether or not geographic accessibility warrants a favorable consideration of a recommended change in school district organization, including remoteness or isolation of places of residence and time required to travel to and from school; and
(e) All funding sources of the affected districts, equalization among school districts of the tax burden for general fund and capital purposes through a reduction in disparities in per pupil valuation when all funding sources are considered, improvement in the economies in the administration and operation of schools, and the extent the proposed change would potentially reduce or increase the individual and aggregate transportation costs of the affected school districts.
(5)(a)(i) A petitioner or school district may appeal a decision by the regional committee to approve a change in school district organization to the state board based on the claim that the regional committee failed to follow the applicable statutory and regulatory procedures or acted in an arbitrary and capricious manner. Any such appeal shall be based on the record and the appeal must be filed within thirty days of the final decision of the regional committee.
(ii) If the state board finds that all applicable procedures were not followed or that the regional committee acted in an arbitrary and capricious manner, it shall refer the matter back to the regional committee with an explanation of the board's findings. The regional committee shall rehear the proposal.
(iii) If the state board finds that all applicable procedures were followed or that the regional committee did not act in an arbitrary and capricious manner, depending on the appeal, the educational service district shall be notified and directed to implement the changes.
(b) Any school district or citizen petitioner affected by a final decision of the regional committee may seek judicial review of the committee's decision in accordance with RCW 34.05.570.
NEW SECTION. Sec. 403. TRANSFER OF TERRITORY--APPROVAL OF PROPOSED TRANSFER--ORDER. (1) Upon receipt by the educational service district superintendent of a written agreement by two or more school districts to the transfer of territory between the affected districts, the superintendent shall make an order establishing all approved changes involving the alteration of the boundaries of the affected districts. The order shall also establish all approved terms of the equitable adjustment of assets and liabilities involving the affected districts. The superintendent shall certify his or her action to each county auditor, each county treasurer, each county assessor, and the superintendents of all school districts affected by the action.
(2) Upon receipt by the educational service district superintendent of a written order by the regional committee approving the transfer of territory between two or more school districts, the superintendent shall make an order establishing all approved changes involving the alteration of the boundaries of the affected districts. The order may not be implemented before the period of appeal authorized under section 402(5)(a)(i) of this act has ended. The order shall also establish all approved terms of the equitable adjustment of assets and liabilities involving the affected districts. The superintendent shall certify his or her action to each county auditor, each county treasurer, each county assessor, and the superintendents of all school districts affected by the action.
PART 5
DISSOLUTION AND ANNEXATION OF TERRITORY
NEW SECTION. Sec. 501. DISSOLUTION AND ANNEXATION OF CERTAIN DISTRICTS--ANNEXATION OF NONDISTRICT PROPERTY. In case any school district has an average enrollment of fewer than five kindergarten through eighth grade pupils during the preceding school year or has not made a reasonable effort to maintain, during the preceding school year at least the minimum term of school required by law, the educational service district superintendent shall report that fact to the regional committee, which committee shall dissolve the school district and annex the territory thereof to some other district or districts. For the purposes of this section, in addition to any other finding, "reasonable effort" shall be deemed to mean the attempt to make up whatever days are short of the legal requirement by conducting of school classes on any days to include available holidays, though not to include Saturdays and Sundays, prior to June 15th of that year. School districts operating an extended school year program, most commonly implemented as a 45-15 plan, shall be deemed to be making a reasonable effort. In the event any school district has suffered any interruption in its normal school calendar due to a strike or other work stoppage or slowdown by any of its employees that district shall not be subject to this section. In case any territory is not a part of any school district, the educational service district superintendent shall present to the regional committee a proposal for the annexation of the territory to some contiguous district or districts.
PART 6
CONSOLIDATION OF TERRITORY
NEW SECTION. Sec. 601. CONSOLIDATION--PETITION. (1) A proposed change in school district organization by consolidation of territory from two or more school districts to form a new school district may be initiated by:
(a) A written petition presented to the educational service district superintendent signed by ten or more registered voters residing:
(i) In each whole district and in each part of a district proposed to be included in any single new district; or
(ii) In the territory of a proposed new district that comprises a part of only one or more districts and approved by the boards of directors of the affected school districts;
(b) A written petition presented to the educational service district superintendent signed by ten percent or more of the registered voters residing in such affected areas or area without the approval of the boards of directors of the affected school districts.
(2) The petition shall state the name and number of each district involved in or affected by the proposal to form the new district and shall describe the boundaries of the proposed new district. No more than one petition for consolidation of the same two school districts or parts thereof shall be considered during a school fiscal year.
(3) The educational service district superintendent may not complete any consolidation of territory under this section unless he or she has first called and held a special election of the voters of the affected districts to afford those voters an opportunity to approve or reject the proposed consolidation. A simple majority shall determine approval or rejection.
(4) If a proposed change in school district organization by consolidation of territory has been approved under this section, the educational service district superintendent shall make an order establishing all approved changes involving the alteration of the boundaries of the affected districts. The order shall also establish all approved terms of the equitable adjustment of assets and liabilities involving the affected districts. The superintendent shall certify his or her action to each county auditor, each county treasurer, each county assessor, and the superintendents of all school districts affected by the action.
PART 7
ADJUSTMENT OF ASSETS AND LIABILITIES--
BONDED INDEBTEDNESS--SPECIAL ELECTIONS
NEW SECTION. Sec. 701. ADJUSTMENT OF ASSETS AND LIABILITIES. In determining an equitable adjustment of assets and liabilities, the negotiating school districts and the regional committee shall consider the following factors:
(1) The number of school age children residing in each school district and in each part of a district involved or affected by the proposed change in school district organization;
(2) The assessed valuation of the property located in each school district and in each part of a district involved or affected by the proposed change in school district organization;
(3) The purpose for which the bonded indebtedness of any school district involved or affected by the proposed change in school district organization was incurred;
(4) The history and relationship of the property affected to the students and communities affected by the proposed change in school district organization;
(5) Additional burdens to the districts affected by the proposed change in school district organization as a result of the proposed organization;
(6) The value, location, and disposition of all improvements located in the school districts involved or affected by the proposed change in school district organization;
(7) The consideration of all other sources of funding; and
(8) Any other factors that in the judgment of the school districts or regional committee are important or essential to the making of an equitable adjustment of assets and liabilities.
NEW SECTION. Sec. 702. ADJUSTMENT OF INDEBTEDNESS. (1) The fact of the issuance of bonds by a school district, heretofore or hereafter, does not prevent changes in the organization and extent of school districts, regardless of whether or not such bonds or any part thereof are outstanding at the time of change.
(2) In case of any change:
(a) The bonded indebtedness outstanding against any school district involved in or affected by such change shall be adjusted equitably among the old school districts and the new district or districts, if any, involved or affected; and
(b) The property and other assets and the liabilities other than bonded indebtedness of any school district involved in or affected by any such change shall also be adjusted in the manner and to the effect provided for in this section, except if all the territory of an old school district is included in a single new district or is annexed to a single existing district, in which event the title to the property and other assets and the liabilities other than bonded indebtedness of the old district vests in and becomes the assets and liabilities of the new district or of the existing district, as applicable.
NEW SECTION. Sec. 703. ADJUSTMENT OF BONDED INDEBTEDNESS--SPECIAL ELECTIONS. If adjustments of bonded indebtedness are made between or among school districts in connection with the alteration of the boundaries of the school districts under this chapter, the order of the educational service district superintendent establishing the terms of adjustment of bonded indebtedness shall provide and specify:
(1) In every case where bonded indebtedness is transferred from one school district to another school district:
(a) That such bonded indebtedness is assumed by the school district to which it is transferred;
(b) That thereafter such bonded indebtedness shall be the obligation of the school district to which it is transferred;
(c) That, if the terms of adjustment so provide, any bonded indebtedness thereafter incurred by such transferee school district through the sale of bonds authorized before the date its boundaries were altered shall be the obligation of such school district including the territory added thereto; and
(d) That taxes shall be levied thereafter against the taxable property located within such school district as it is constituted after its boundaries were altered, the taxes to be levied at the times and in the amounts required to pay the principal of and the interest on the bonded indebtedness assumed or incurred, as the same become due and payable.
(2) In computing the debt limitation of any school district from which or to which bonded indebtedness has been transferred, the amount of transferred bonded indebtedness at any time outstanding:
(a) Shall be an offset against and deducted from the total bonded indebtedness, if any, of the school district from which the bonded indebtedness was transferred; and
(b) Shall be deemed to be bonded indebtedness solely of the transferee school district that assumed the indebtedness.
(3) In every case where adjustments of bonded indebtedness do
not provide for transfer of bonded indebtedness from one school district to another school district:
(a) That the existing bonded indebtedness of each school district, the boundaries of which are altered and any bonded indebtedness incurred by each such school district through the sale of bonds authorized before the date its boundaries were altered is the obligation of the school district in its reduced or enlarged form, as the case may be; and
(b) That taxes shall be levied thereafter against the taxable property located within each such school district in its reduced or enlarged form, as the case may be, at the times and in the amounts required to pay the principal of and interest on such bonded indebtedness as the same become due and payable.
(4) If a change in school district organization approved by the regional committee concerns a proposal to form a new school district or a proposal for adjustment of bonded indebtedness involving an established school district and one or more former school districts now included therein pursuant to a vote of the people concerned, a special election of the voters residing within the territory of the proposed new district, or of the established district involved in a proposal for adjustment of bonded indebtedness as the case may be, shall be held for the purpose of affording those voters an opportunity to approve or reject such proposals as concern or affect them.
(5) In a case involving both the question of the formation of a new school district and the question of adjustment of bonded indebtedness, the questions may be submitted to the voters either in the form of a single proposition or as separate propositions, whichever seems expedient to the educational service district superintendent. When the regional committee has passed appropriate resolutions for the questions to be submitted and the educational service district superintendent has given notice thereof to the county auditor, the special election shall be called and conducted, and the returns canvassed as in regular school district elections.
NEW SECTION. Sec. 704. NOTICE OF ELECTIONS. Notice of special elections as provided for in section 703 of this act shall be given by the county auditor as provided in RCW 29.27.080. The notice of election shall state the purpose for which the election has been called and contain a description of the boundaries of the proposed new district and a statement of any terms of adjustment of bonded indebtedness on which to be voted.
NEW SECTION. Sec. 705. VOTE--DETERMINATION--ORDER--CERTIFICATION. (1) If a special election is held to vote on a proposal or alternate proposals to form a new school district, the votes cast by the registered voters in each component district shall be tabulated separately. Any such proposition shall be considered approved only if it receives a majority of the votes cast in each separate district voting thereon.
(2) If a special election is held to vote on a proposal for adjustment of bonded indebtedness, the entire vote cast by the registered voters of the proposed new district or of the established district as the case may be shall be tabulated. Any such proposition shall be considered approved if sixty percent or more of all votes cast thereon are in the affirmative.
(3) In the event of approval of a proposition or propositions voted on at a special election, the educational service district superintendent shall:
(a) Make an order establishing such new school district or such terms of adjustment of bonded indebtedness or both, as were approved by the registered voters and shall also order such other terms of adjustment, if there are any, of property and other assets and of liabilities other than bonded indebtedness as have been approved by the state council; and
(b) Certify his or her action to the county and school district officials specified in section 403 of this act. The educational service district superintendent may designate, with the approval of the superintendent of public instruction, a name and number different from that of any component thereof, but must designate the new district by name and number different from any other district in existence in the county.
(4) The educational service district superintendent shall fix as the effective date of any order or orders he or she is required to make by this chapter, the date specified in the order of final approval of any change in the organization and extent of school districts or of any terms of adjustment of the assets and liabilities of school districts subject, for taxing purposes, to the redrawing of taxing district boundaries under RCW 84.09.030, by the regional committee.
(5) Upon receipt of certification under this section, the superintendent of each school district that is included in the new district shall deliver to the superintendent of the new school district those books, papers, documents, records, and other materials pertaining to the territory transferred.
NEW SECTION. Sec. 706. REJECTION OF PROPOSAL--PROCEDURE. If a proposal for the formation of a new school district and for adjustment of bonded indebtedness, or either, is rejected by the registered voters at a special election, the matter is terminated.
NEW SECTION. Sec. 707. CORPORATE EXISTENCE--PAYMENT OF BONDED INDEBTEDNESS--LEVY AUTHORITY. (1) Each school district involved in or affected by any change made in the organization and extent of school districts under this chapter retains its corporate existence insofar as is necessary for the purpose, until the bonded indebtedness outstanding against it on and after the effective date of the change has been paid in full. This section may not be construed to prevent, after the effective date of the change, such adjustments of bonded indebtedness as are provided for in this chapter.
(2) The county legislative authority shall provide, by appropriate levies on the taxable property of each school district, for the payment of the bonded indebtedness outstanding against it after any of the changes or adjustments under this chapter have been effected.
(3) In case any such changes or adjustments involve a joint school district, the tax levy for the payment of any bonded indebtedness outstanding against the joint district, after the changes or adjustments are effected, shall be made and the proceeds thereof shall be transmitted, credited, and paid out in conformity with the provisions of law applicable to the payment of the bonded indebtedness of joint school districts.
Sec. 708. RCW 36.70A.035 and 1997 c 429 s 9 are each amended to read as follows:
(1) The public participation requirements of this chapter shall include notice procedures that are reasonably calculated to provide notice to property owners and other affected and interested individuals, tribes, government agencies, businesses, school districts, and organizations of proposed amendments to comprehensive plans and development regulation. Examples of reasonable notice provisions include:
(a) Posting the property for site-specific proposals;
(b) Publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is located or that will be affected by the proposal;
(c) Notifying public or private groups with known interest in a certain proposal or in the type of proposal being considered;
(d) Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; and
(e) Publishing notice in agency newsletters or sending notice to agency mailing lists, including general lists or lists for specific proposals or subject areas.
(2)(a) Except as otherwise provided in (b) of this subsection, if the legislative body for a county or city chooses to consider a change to an amendment to a comprehensive plan or development regulation, and the change is proposed after the opportunity for review and comment has passed under the county's or city's procedures, an opportunity for review and comment on the proposed change shall be provided before the local legislative body votes on the proposed change.
(b) An additional opportunity for public review and comment is not required under (a) of this subsection if:
(i) An environmental impact statement has been prepared under chapter 43.21C RCW for the pending resolution or ordinance and the proposed change is within the range of alternatives considered in the environmental impact statement;
(ii) The proposed change is within the scope of the alternatives available for public comment;
(iii) The proposed change only corrects typographical errors, corrects cross-references, makes address or name changes, or clarifies language of a proposed ordinance or resolution without changing its effect;
(iv) The proposed change is to a resolution or ordinance making a capital budget decision as provided in RCW 36.70A.120; or
(v) The proposed change is to a resolution or ordinance enacting a moratorium or interim control adopted under RCW 36.70A.390.
(3) This section is prospective in effect and does not apply to a comprehensive plan, development regulation, or amendment adopted before July 27, 1997.
PART 8
MISCELLANEOUS PROVISIONS
NEW SECTION. Sec. 801. The following acts or parts of acts are each repealed:
(1) RCW 28A.305.150 (Classification, numbering system of school districts--Rules and regulations for) and 1971 c 54 s 1 & 1969 ex.s. c 223 s 28A.04.130;;
(2) RCW 28A.315.010 (Purpose) and 1990 c 33 s 292 & 1969 ex.s. c 223 s 28A.57.010;
(3) RCW 28A.315.030 (County regional committee members--Assignment of committee member position numbers) and 1993 c 416 s 1, 1990 c 33 s 294, & 1985 c 385 s 30;
(4) RCW 28A.315.110 (Regional committees--Powers and duties) and 1991 c 288 s 2;
(5) RCW 28A.315.120 (Regional committees--Recommendations--Standards) and 1990 c 33 s 299, 1985 c 385 s 10, & 1969 ex.s. c 223 s 28A.57.055;
(6) RCW 28A.315.130 (Changing conflicting or incorrectly described school district boundaries) and 1985 c 385 s 11 & 1971 ex.s. c 282 s 26;
(7) RCW 28A.315.140 (Powers and duties of state board, generally) and 1990 c 33 s 300, 1987 c 100 s 2, 1985 c 385 s 12, & 1969 ex.s. c 223 s 28A.57.060;
(8) RCW 28A.315.150 (Action upon board's report) and 1990 c 33 s 301, 1985 c 385 s 13, 1975 1st ex.s. c 275 s 84, 1969 ex.s. c 176 s 121, & 1969 ex.s. c 223 s 28A.57.070;
(9) RCW 28A.315.160 (Adjustment of bonded indebtedness--Special election in certain cases) and 1985 c 385 s 14, 1975 1st ex.s. c 275 s 85, 1969 ex.s. c 176 s 122, & 1969 ex.s. c 223 s 28A.57.075;
(10) RCW 28A.315.170 (Notice of election--Contents) and 1990 c 33 s 302, 1985 c 385 s 15, 1975 1st ex.s. c 275 s 86, 1971 c 48 s 26, & 1969 ex.s. c 223 s 28A.57.080;
(11) RCW 28A.315.180 (Vote, how determined--ESD superintendent's order--Certification--Effective date) and 1990 c 33 s 303, 1985 c 385 s 16, 1975 1st ex.s. c 275 s 87, 1969 ex.s. c 176 s 123, & 1969 ex.s. c 223 s 28A.57.090;
(12) RCW 28A.315.190 (Procedure upon rejection of proposal) and 1985 c 385 s 17 & 1969 ex.s. c 223 s 28A.57.100;
(13) RCW 28A.315.200 (Personnel and supplies to be furnished by state superintendent--Expenses reimbursed) and 1990 c 33 s 304, 1985 c 385 s 18, & 1969 ex.s. c 223 s 28A.57.110;
(14) RCW 28A.315.230 (Classes of districts--Change of classification) and 1991 c 116 s 25, 1990 c 33 s 306, & 1975-'76 2nd ex.s. c 15 s 3;
(15) RCW 28A.315.240 (Classes of districts--Change of classification--Delay of authorized) and 1975 c 43 s 35;
(16) RCW 28A.315.250 (City or town districts) and 1997 c 47 s 1, 1985 c 385 s 19, 1975 1st ex.s. c 275 s 90, 1969 ex.s. c 176 s 126, & 1969 ex.s. c 223 s 28A.57.150;
(17) RCW 28A.315.260 (Reorganization of districts by transfer of territory or annexation) and 1969 ex.s. c 223 s 28A.57.160;
(18) RCW 28A.315.270 (Petition for reorganization--Conditions) and 1985 c 385 s 20, 1982 c 191 s 1, 1975 1st ex.s. c 275 s 91, 1969 ex.s. c 176 s 127, & 1969 ex.s. c 223 s 28A.57.170;
(19) RCW 28A.315.280 (Transfer of territory--By petition--By ESD superintendent--When election required) and 1985 c 385 s 21, 1975 1st ex.s. c 275 s 92, 1969 ex.s. c 176 s 128, & 1969 ex.s. c 223 s 28A.57.180;
(20) RCW 28A.315.290 (Annexation of district bounded on three sides by high school district) and 1985 c 385 s 22, 1975 1st ex.s. c 275 s 93, 1969 ex.s. c 176 s 129, & 1969 ex.s. c 223 s 28A.57.190;
(21) RCW 28A.315.300 (Single school district for certain United States military reservations--Mandated) and 1990 c 33 s 307 & 1972 ex.s. c 63 s 1;
(22) RCW 28A.315.310 (Single school district for certain United States military reservations--Procedure--Limitations) and 1990 c 33 s 308, 1985 c 385 s 23, & 1972 ex.s. c 63 s 2;
(23) RCW 28A.315.320 (Dissolution and annexation of certain districts--Annexation of nondistrict property) and 1985 c 385 s 24 & 1975-'76 2nd ex.s. c 15 s 4;
(24) RCW 28A.315.330 (Adjustment of indebtedness--Basis) and 1969 ex.s. c 223 s 28A.57.210;
(25) RCW 28A.315.340 (Corporate existence retained to pay bonded indebtedness--Tax levies--Joint school districts) and 1969 ex.s. c 223 s 28A.57.220; and
(26) RCW 28A.315.900 (Proceedings as of July 28, 1985--Effect of 1985 c 385) and 1990 c 33 s 329 & 1985 c 385 s 38.
NEW SECTION. Sec. 802. (1) RCW 28A.315.020 and 28A.315.220 are recodified as new sections in chapter 28A.315 RCW, to be codified in Part 2 of this act before section 201.
(2) RCW 28A.315.210 is recodified as a new section in chapter 28A.315 RCW, to be codified after section 707 of this act.
(3) RCW 28A.315.690, 28A.315.700, 28A.315.710, and 28A.315.720, are recodified as new sections in chapter 28A.315 RCW, to be codified after section 205 of this act.
(4) RCW 28A.315.040, 28A.315.050, 28A.315.060, 28A.315.070, 28A.315.080, 28A.315.090, and 28A.315.100 are recodified as new sections in chapter 28A.315 RCW, to be codified in Part 3 of this act after section 301 of this act.
NEW SECTION. Sec. 803. The following sections are each recodified as a new chapter in Title 28A RCW:
RCW 28A.315.350
RCW 28A.315.360
RCW 28A.315.370
RCW 28A.315.380
RCW 28A.315.390
RCW 28A.315.400
RCW 28A.315.410
RCW 28A.315.420
RCW 28A.315.430
RCW 28A.315.440
NEW SECTION. Sec. 804. The following sections are each recodified as a new chapter in Title 28A RCW:
RCW 28A.315.450
RCW 28A.315.650
RCW 28A.315.470
RCW 28A.315.480
RCW 28A.315.490
RCW 28A.315.500
RCW 28A.315.530
RCW 28A.315.510
RCW 28A.315.520
RCW 28A.315.540
NEW SECTION. Sec. 805. The following sections are each recodified as a new chapter in Title 28A RCW:
RCW 28A.315.570
RCW 28A.315.460
RCW 28A.315.600
RCW 28A.315.610
RCW 28A.315.620
RCW 28A.315.630
RCW 28A.315.670
RCW 28A.315.680
RCW 28A.315.550
NEW SECTION. Sec. 806. The following sections are each recodified as a new chapter in Title 28A RCW:
RCW 28A.315.560
RCW 28A.315.580
RCW 28A.315.590
RCW 28A.315.593
RCW 28A.315.660
RCW 28A.315.597
RCW 28A.315.640
NEW SECTION. Sec. 807. MORATORIUM ON PETITIONS. The state board may, at its discretion, declare a moratorium on new petitions until such time as the rules have been adopted to implement chapter . . ., Laws of 1999 (this act). The state board shall adopt emergency rules necessary to begin consideration of changes initiated after the effective date of this act.
NEW SECTION. Sec. 808. PART HEADINGS AND SECTION CAPTIONS NOT LAW. Part headings and section captions used in this act are not any part of the law.
NEW SECTION. Sec. 809. Sections 1, 101, 201, 203 through 205, 301 through 303, 401 through 403, 501, 601, 701 through 707, 807, and 808 of this act are each added to chapter 28A.315 RCW."
The President declared the question before the Senate to be the motion by Senator McAuliffe to not adopt the Committee on Education striking amendment to Engrossed Second Substitute House Bill No. 1477.
The motion by Senator McAuliffe carried and the committee striking amendment was not adopted.
MOTION
On motion of Senator McAuliffe, the following amendment was adopted:On page 8, line 1, after "TRAINING." strike "the" and insert "To the extent funds are appropriated, the"
MOTION
Senator Tim Sheldon moved that the following amendment be adopted:
On page 12, after line 12, insert the following:
"Sec. 404. RCW 28A.400.300 and 1997 c 13 s 10 are each amended to read as follows:
Every board of directors, unless otherwise specially provided by law, shall:
(1) Employ for not more than one year, and for sufficient cause discharge all certificated and classified employees;
(2) Adopt written policies granting leaves to persons under contracts of employment with the school district(s) in positions requiring either certification or classified qualifications, including but not limited to leaves for attendance at official or private institutes and conferences and sabbatical leaves for employees in positions requiring certification qualification, and leaves for illness, injury, bereavement and, emergencies for both certificated and classified employees, and with such compensation as the board of directors prescribe: PROVIDED, That the board of directors shall adopt written policies granting to such persons annual leave with compensation for illness, injury and emergencies as follows:
(a) For such persons under contract with the school district for a full year, at least ten days;
(b) For such persons under contract with the school district as part time employees, at least that portion of ten days as the total number of days contracted for bears to one hundred eighty days;
(c) For certificated and classified employees, annual leave with compensation for illness, injury, and emergencies shall be granted and accrue at a rate not to exceed twelve days per year; provisions of any contract in force on June 12, 1980, which conflict with requirements of this subsection shall continue in effect until contract expiration; after expiration, any new contract executed between the parties shall be consistent with this subsection;
(d) Compensation for leave for illness or injury actually taken shall be the same as the compensation such person would have received had such person not taken the leave provided in this proviso;
(e) Leave provided in this proviso not taken shall accumulate from year to year up to a maximum of one hundred eighty days for the purposes of RCW 28A.400.210 and 28A.400.220, and for leave purposes up to a maximum of the number of contract days agreed to in a given contract, but not greater than one year. Such accumulated time may be taken at any time during the school year or up to twelve days per year may be used for the purpose of payments for unused sick leave((.));
(f) Sick leave heretofore accumulated under section 1, chapter 195, Laws of 1959 (former RCW 28.58.430) and sick leave accumulated under administrative practice of school districts prior to the effective date of section 1, chapter 195, Laws of 1959 (former RCW 28.58.430) is hereby declared valid, and shall be added to leave for illness or injury accumulated under this proviso;
(g) Any leave for injury or illness accumulated up to a maximum of forty-five days shall be creditable as service rendered for the purpose of determining the time at which an employee is eligible to retire, if such leave is taken it may not be compensated under the provisions of RCW 28A.400.210 and 28A.310.490;
(h) Accumulated leave under this proviso shall be transferred to and from one district to another, the office of superintendent of public instruction and offices of educational service district superintendents and boards, to and from such districts and such offices;
(i) Leave accumulated by a person in a district prior to leaving said district may, under rules and regulations of the board, be granted to such person when the person returns to the employment of the district; and
(j) For sick leave the board of directors may require a signed statement from a licensed health care provider that any absence was due to illness or injury. If an employee uses sick leave to engage in a strike or work stoppage, the employee may not receive sick leave benefits during the time the employee engages in the strike or work stoppage.
When any certificated or classified employee leaves one school district within the state and commences employment with another school district within the state, the employee shall retain the same seniority, leave benefits and other benefits that the employee had in his or her previous position: PROVIDED, That classified employees who transfer between districts after July 28, 1985, shall not retain any seniority rights other than longevity when leaving one school district and beginning employment with another. If the school district to which the person transfers has a different system for computing seniority, leave benefits, and other benefits, then the employee shall be granted the same seniority, leave benefits and other benefits as a person in that district who has similar occupational status and total years of service."
POINT OF ORDER
Senator McAuliffe: “Mr. President, I rise to a point of order. I raise the question of scope and object of the amendment by Senator Tim Sheldon. The original bill establishes school district boundaries and the amendment goes beyond the scope and object, because it applies to teacher compensation.”
Further debate ensued.
MOTION
On motion of Senator Betti Sheldon, further consideration of Engrossed Second Substitute House Bill No. 1477 was deferred.
MOTION
On motion of Senator Franklin, Senator Thibaudeau was excused
SECOND READING
HOUSE BILL NO. 1422, by Representatives H. Sommers, Huff, Benson, Hatfield and McIntire (by request of State Investment Board)
Authorizing the state investment board to directly order actions relating to securities.
The bill was read the second time.
MOTION
On motion of Senator Shin, the rules were suspended, House Bill No. 1422 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 House Bill No. 1422.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1422 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 47.
Excused: Senators Deccio and Thibaudeau - 2.
HOUSE BILL NO. 1422, 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 Honeyford, Senator McCaslin was excused.
SECOND READING
HOUSE BILL NO. 2052, by Representatives Barlean, Keiser, Benson and Hatfield (by request of Attorney General Gregoire)
Regulating service contracts.
The bill was read the second time.
MOTION
On motion of Senator Shin, the rules were suspended, House Bill No. 2052 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 House Bill No. 2052.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2052 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 46.
Excused: Senators Deccio, McCaslin and Thibaudeau - 3.
HOUSE BILL NO. 2052, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1673, by House Committee on State Government (originally sponsored by Representatives Lambert, O'Brien, Thomas and Sullivan)
Penalizing false political advertising.
The bill was read the second time.
MOTION
On motion of Senator Gardner, the following Committee on State and Local Government striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The Washington supreme court in a case involving a ballot measure, State v. 119 Vote No! Committee, 135 Wn.2d 618 (1998), found the statute that prohibits persons from sponsoring, with actual malice, political advertising containing false statements of material fact to be invalid under the First Amendment to the United States Constitution.
(2) The legislature finds that a review of the opinions indicates that a majority of the supreme court may find valid a statute that limited such a prohibition on sponsoring with actual malice false statements of material fact in a political campaign to statements about a candidate in an election for public office.
(3) It is the intent of the legislature to amend the current law to provide protection for candidates for public office against false statements of material fact sponsored with actual malice.
Sec. 2. RCW 42.17.530 and 1988 c 199 s 2 are each amended to read as follows:
(1) It is a violation of this chapter for a person to sponsor with actual malice:
(a) Political advertising that contains a false statement of material fact about a candidate for public office. However, this subsection (1)(a) does not apply to statements about a candidate made by the candidate or the candidate's agent;
(b) Political advertising that falsely represents that a candidate is the incumbent for the office sought when in fact the candidate is not the incumbent;
(c) Political advertising that makes either directly or indirectly, a false claim stating or implying the support or endorsement of any person or organization when in fact the candidate does not have such support or endorsement.
(2) Any violation of this section shall be proven by clear and convincing evidence."
MOTIONS
On motion of Senator Gardner, the following title amendment was adopted:
On line 1 of the title, after "advertising;" strike the remainder of the title and insert "amending RCW 42.17.530; and creating a new section."
On motion of Senator Gardner, the rules were suspended, Substitute House Bill No. 1673, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1673, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1673, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 7; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, Winsley and Wojahn - 41.
Voting nay: Senators Hochstatter, Johnson, McDonald, Sellar, Swecker, West and Zarelli - 7.
Excused: Senator Deccio - 1.
SUBSTITUTE HOUSE BILL NO. 1673, as amended by the Senate, 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 Thibaudeau was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1777, by House Committee on State Government (originally sponsored by Representatives B. Chandler, Schindler, McMorris, Dunshee, Romero and Lantz)
Defining technical assistance documents.
The bill was read the second time.
MOTION
On motion of Senator Patterson, the rules were suspended, Substitute House Bill No. 1777 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1777.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1777 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 3; Excused, 2.
Voting yea: Senators Bauer, Benton, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 44.
Absent: Senators Brown, Finkbeiner and Hargrove - 3.
Excused: Senators Deccio and Thibaudeau - 2.
SUBSTITUTE HOUSE BILL NO. 1777, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1224, by House Committee on Commerce and Labor (originally sponsored by Representatives Hurst, Conway, Campbell, Cairnes, Kessler, Clements, McIntire and Ogden)
Requiring a permanent anchor for worker fall protection.
The bill was read the second time.
MOTION
On motion of Senator Fairley, the rules were suspended, Substitute House Bill No. 1224 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1224.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1224 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 12; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Honeyford, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Shin, Snyder, Spanel, Winsley, Wojahn and Zarelli - 35.
Voting nay: Senators Hochstatter, Horn, Johnson, McCaslin, McDonald, Morton, Sellar, Sheahan, Sheldon, T., Stevens, Swecker and West - 12.
Excused: Senators Deccio and Thibaudeau - 2.
SUBSTITUTE HOUSE BILL NO. 1224, 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 Honeyford, Senator McDonald was excused.
SECOND READING
ENGROSSED HOUSE BILL NO. 1007, by Representatives Ballasiotes, O'Brien, Radcliff, Benson, Quall, Mitchell, Cairnes and Morris
Changing provisions relating to counterfeited intellectual property.
The bill was read the second time.
MOTION
On motion of Senator Kline, the following Committee on Judiciary striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 9.16 RCW to read as follows:
A violation of RCW 9.16.030 or 9.16.040 is a class C felony if:
(1) The violation involves the manufacture, production, or distribution of items bearing counterfeit marks; and
(2) The defendant knew or should have known that the counterfeit items, by their intended use, endangered the health or safety of others.
Sec. 2. RCW 9.94A.320 and 1998 c 290 s 4, 1998 c 219 s 4, 1998 c 82 s 1, and 1998 c 78 s 1 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)
Malicious explosion 1 (RCW 70.74.280(1))
XIII Murder 2 (RCW 9A.32.050)
Malicious explosion 2 (RCW 70.74.280(2))
Malicious placement of an explosive 1 (RCW 70.74.270(1))
XII Assault 1 (RCW 9A.36.011)
Assault of a Child 1 (RCW 9A.36.120)
Rape 1 (RCW 9A.44.040)
Rape of a Child 1 (RCW 9A.44.073)
Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))
XI Rape 2 (RCW 9A.44.050)
Rape of a Child 2 (RCW 9A.44.076)
Manslaughter 1 (RCW 9A.32.060)
X Kidnapping 1 (RCW 9A.40.020)
Child Molestation 1 (RCW 9A.44.083)
Malicious explosion 3 (RCW 70.74.280(3))
Over 18 and deliver heroin, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)
Leading Organized Crime (RCW 9A.82.060(1)(a))
Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
Manufacture of methamphetamine (RCW 69.50.401(a)(1)(ii))
IX Assault of a Child 2 (RCW 9A.36.130)
Robbery 1 (RCW 9A.56.200)
Explosive devices prohibited (RCW 70.74.180)
Malicious placement of an explosive 2 (RCW 70.74.270(2))
Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam, 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)
Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 88.12.029)
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))
Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))
Manufacture, deliver, or possess with intent to deliver amphetamine (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)
Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 88.12.029)
Manslaughter 2 (RCW 9A.32.070)
VII Burglary 1 (RCW 9A.52.020)
Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)
Homicide by Watercraft, by disregard for the safety of others (RCW 88.12.029)
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))
Drive-by Shooting (RCW 9A.36.045)
Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))
Malicious placement of an explosive 3 (RCW 70.74.270(3))
VI Bribery (RCW 9A.68.010)
Rape of a Child 3 (RCW 9A.44.079)
Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)
Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))
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) or flunitrazepam from Schedule IV (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)
Assault by Watercraft (RCW 88.12.032)
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (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))
Counterfeiting (section 1 of this act)
III Criminal Gang Intimidation (RCW 9A.46.120)
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)
Class B Felony Theft of Rental, Leased, or Lease-purchased Property (RCW 9A.56.096(4))
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 or flunitrazepam from Schedule IV (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)
Class C Felony Theft of Rental, Leased, or Lease-purchased Property (RCW 9A.56.096(4))
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 or flunitrazepam) (RCW 69.50.401(d))
Sec. 3. RCW 9.94A.440 and 1996 c 93 s 2 are each amended to read as follows:
(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.
GUIDELINE/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; and
(ii) Most members of society act as if it were no longer in existence; and
(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 Minimus 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. This 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's 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 provided pursuant to RCW 9.94A.120(8).
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.
See table below for the crimes within these categories.
CATEGORIZATION OF CRIMES FOR PROSECUTING STANDARDS
CRIMES AGAINST PERSONS
Aggravated Murder
1st Degree Murder
2nd Degree Murder
1st Degree Kidnaping
1st Degree Assault
1st Degree Assault of a Child
1st Degree Rape
1st Degree Robbery
1st Degree Rape of a Child
1st Degree Arson
2nd Degree Kidnaping
2nd Degree Assault
2nd Degree Assault of a Child
2nd Degree Rape
2nd Degree Robbery
1st Degree Burglary
1st Degree Manslaughter
2nd Degree Manslaughter
1st Degree Extortion
Indecent Liberties
Incest
2nd Degree Rape of a Child
Vehicular Homicide
Vehicular Assault
3rd Degree Rape
3rd Degree Rape of a Child
1st Degree Child Molestation
2nd Degree Child Molestation
3rd Degree Child Molestation
2nd Degree Extortion
1st Degree Promoting Prostitution
Intimidating a Juror
Communication with a Minor
Intimidating a Witness
Intimidating a Public Servant
Bomb Threat (if against person)
3rd Degree Assault
3rd Degree Assault of a Child
Unlawful Imprisonment
Promoting a Suicide Attempt
Riot (if against person)
Counterfeiting (if a violation of section 1 of this act)
CRIMES AGAINST PROPERTY/OTHER CRIMES
2nd Degree Arson
1st Degree Escape
2nd Degree Burglary
1st Degree Theft
1st Degree Perjury
1st Degree Introducing Contraband
1st Degree Possession of Stolen Property
Bribery
Bribing a Witness
Bribe received by a Witness
Bomb Threat (if against property)
1st Degree Malicious Mischief
2nd Degree Theft
2nd Degree Escape
2nd Degree Introducing Contraband
2nd Degree Possession of Stolen Property
2nd Degree Malicious Mischief
1st Degree Reckless Burning
Taking a Motor Vehicle without Authorization
Forgery
2nd Degree Perjury
2nd Degree Promoting Prostitution
Tampering with a Witness
Trading in Public Office
Trading in Special Influence
Receiving/Granting Unlawful Compensation
Bigamy
Eluding a Pursuing Police Vehicle
Willful Failure to Return from Furlough
Escape from Community Custody
Riot (if against property)
Thefts of Livestock
ALL OTHER UNCLASSIFIED FELONIES
Selection of Charges/Degree of Charge
(1) The prosecutor should file charges which adequately describe the nature of defendant's conduct. Other offenses may be charged only if they are necessary to ensure that the charges:
(a) Will significantly enhance the strength of the state's case at trial; or
(b) Will result in restitution to all victims.
(2) The prosecutor should not overcharge to obtain a guilty plea. Overcharging includes:
(a) Charging a higher degree;
(b) Charging additional counts.
This standard is intended to direct prosecutors to charge those crimes which demonstrate the nature and seriousness of a defendant'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.
GUIDELINES/COMMENTARY:
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:
(1) The interviewing of all material witnesses, together with the obtaining of written statements whenever possible;
(2) The completion of necessary laboratory tests; and
(3) 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.
Exceptions
In certain situations, a prosecuting attorney may authorize filing of a criminal complaint before the investigation is complete if:
(1) Probable cause exists to believe the suspect is guilty; and
(2) The suspect presents a danger to the community or is likely to flee if not apprehended; or
(3) The arrest of the suspect is necessary to complete the investigation of the crime.
In the event that the exception 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.
Investigation Techniques
The prosecutor should be fully advised of the investigatory techniques that were used in the case investigation including:
(1) Polygraph testing;
(2) Hypnosis;
(3) Electronic surveillance;
(4) Use of informants.
Pre-Filing Discussions with Defendant
Discussions with the defendant or his/her representative regarding the selection or disposition of charges may occur prior to the filing of charges, and potential agreements can be reached.
Pre-Filing Discussions with Victim(s)
Discussions with the victim(s) or victims' representatives regarding the selection or disposition of charges may occur before the filing of charges. The discussions may be considered by the prosecutor in charging and disposition decisions, and should be considered before reaching any agreement with the defendant regarding these decisions."
MOTIONS
On motion of Senator Kline, the following title amendment was adopted:
On page 1, line 1 of the title, after "counterfeiting;" strike the remainder of the title and insert "amending RCW 9.94A.440; reenacting and amending RCW 9.94A.320; adding a new section to chapter 9.16 RCW; and prescribing penalties."
On motion of Senator Kline, the rules were suspended, Engrossed House Bill No. 1007, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1007, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1007, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 46.
Excused: Senators Deccio, McDonald and Thibaudeau - 3.
ENGROSSED HOUSE BILL NO. 1007, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1158, by House Committee on State Government (originally sponsored by Representatives Ogden, DeBolt, Cooper, Ericksen and Mielke)
Collecting information from truck, tractor, or trailer intelligent information systems.
The bill was read the second time.
MOTION
On motion of Senator Gardner, the rules were suspended, Substitute House Bill No. 1158 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1158.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1158 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 45.
Absent: Senator Snyder - 1.
Excused: Senators Deccio, McDonald and Thibaudeau - 3.
SUBSTITUTE HOUSE BILL NO. 1158, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1324, by House Committee on Transportation (originally sponsored by Representatives Fisher, K. Schmidt, Mitchell and Hankins) (by request of Department of Transportation)
Planning for transportation safety and security.
The bill was read the second time.
MOTION
On motion of Senator Gardner, the rules were suspended, Substitute House Bill No. 1324 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1324.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1324 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 44.
Absent: Senators Roach and Snyder - 2.
Excused: Senators Deccio, McDonald and Thibaudeau - 3.
SUBSTITUTE HOUSE BILL NO. 1324, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1282, by House Committee on State Government (originally sponsored by Representatives Romero, Buck, Miloscia, Linville, Dickerson, Regala and Wolfe) (by request of Commissioner of Public Lands Belcher)
Authorizing state agencies to offer incentives to state employees to relocate from one part of the state to another.
The bill was read the second time.
MOTION
On motion of Senator Fairley, the following Committee on Labor and Workforce Development amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that recruiting and retaining a highly qualified work force is essential to deliver high quality public programs. One factor that impairs recruitment or transfer of public employees is the housing cost differential between the rural and urban areas of the state. This housing cost differential can cause state employees to decline promotional or transfer opportunities if the costs associated with such moves are not compensated.
Therefore, the legislature finds that it is in the interest of the citizens of the state of Washington to authorize an employing agency to offer assistance to state employees to relocate from one part of the state to another. This assistance is referred to as relocation compensation and is commonplace with private and federal government employers.
NEW SECTION. Sec. 2. A new section is added to chapter 43.03 RCW to read as follows:
An agency may, within existing resources, authorize lump sum relocation compensation when it determines it is necessary to successfully recruit and retain qualified candidates who will have to make a domiciliary move in order to accept the position. It is lawful for a state office, commission, department, or institution to, within existing resources, authorize lump sum relocation compensation as authorized by rule under chapter 41.06 RCW and in accordance with the provisions of chapter 43.88 RCW. If the person receiving the relocation payment terminates or causes termination with the state, for reasons other than layoff, disability separation, or other good cause as determined by an agency director, within one year of the date of the employment, the state is entitled to reimbursement of the lump sum compensation.
Sec. 3. RCW 41.06.150 and 1996 c 319 s 2 are each amended to read as follows:
The board shall adopt rules, consistent with the purposes and provisions of this chapter, as now or hereafter amended, and with the best standards of personnel administration, regarding the basis and procedures to be followed for:
(1) The reduction, dismissal, suspension, or demotion of an employee;
(2) Certification of names for vacancies, including departmental promotions, with the number of names equal to six more names than there are vacancies to be filled, such names representing applicants rated highest on eligibility lists: PROVIDED, That when other applicants have scores equal to the lowest score among the names certified, their names shall also be certified;
(3) Examinations for all positions in the competitive and noncompetitive service;
(4) Appointments;
(5) Training and career development;
(6) Probationary periods of six to twelve months and rejections of probationary employees, depending on the job requirements of the class, except that entry level state park rangers shall serve a probationary period of twelve months;
(7) Transfers;
(8) Sick leaves and vacations;
(9) Hours of work;
(10) Layoffs when necessary and subsequent reemployment, both according to seniority;
(11) Determination of appropriate bargaining units within any agency: PROVIDED, That in making such determination the board shall consider the duties, skills, and working conditions of the employees, the history of collective bargaining by the employees and their bargaining representatives, the extent of organization among the employees, and the desires of the employees;
(12) Certification and decertification of exclusive bargaining representatives: PROVIDED, That after certification of an exclusive bargaining representative and upon the representative's request, the director shall hold an election among employees in a bargaining unit to determine by a majority whether to require as a condition of employment membership in the certified exclusive bargaining representative on or after the thirtieth day following the beginning of employment or the date of such election, whichever is the later, and the failure of an employee to comply with such a condition of employment constitutes cause for dismissal: PROVIDED FURTHER, That no more often than once in each twelve-month period after expiration of twelve months following the date of the original election in a bargaining unit and upon petition of thirty percent of the members of a bargaining unit the director shall hold an election to determine whether a majority wish to rescind such condition of employment: PROVIDED FURTHER, That for purposes of this clause, membership in the certified exclusive bargaining representative is satisfied by the payment of monthly or other periodic dues and does not require payment of initiation, reinstatement, or any other fees or fines and includes full and complete membership rights: AND PROVIDED FURTHER, That in order to safeguard the right of nonassociation of public employees, based on bona fide religious tenets or teachings of a church or religious body of which such public employee is a member, such public employee shall pay to the union, for purposes within the program of the union as designated by such employee that would be in harmony with his or her individual conscience, an amount of money equivalent to regular union dues minus any included monthly premiums for union-sponsored insurance programs, and such employee shall not be a member of the union but is entitled to all the representation rights of a union member;
(13) Agreements between agencies and certified exclusive bargaining representatives providing for grievance procedures and collective negotiations on all personnel matters over which the appointing authority of the appropriate bargaining unit of such agency may lawfully exercise discretion;
(14) Written agreements may contain provisions for payroll deductions of employee organization dues upon authorization by the employee member and for the cancellation of such payroll deduction by the filing of a proper prior notice by the employee with the appointing authority and the employee organization: PROVIDED, That nothing contained herein permits or grants to any employee the right to strike or refuse to perform his or her official duties;
(15) Adoption and revision of a comprehensive classification plan for all positions in the classified service, based on investigation and analysis of the duties and responsibilities of each such position.
(a) The board shall not adopt job classification revisions or class studies unless implementation of the proposed revision or study will result in net cost savings, increased efficiencies, or improved management of personnel or services, and the proposed revision or study has been approved by the director of financial management in accordance with chapter 43.88 RCW.
(b) Beginning July 1, 1995, through June 30, 1997, in addition to the requirements of (a) of this subsection:
(i) The board may approve the implementation of salary increases resulting from adjustments to the classification plan during the 1995-97 fiscal biennium only if:
(A) The implementation will not result in additional net costs and the proposed implementation has been approved by the director of financial management in accordance with chapter 43.88 RCW;
(B) The implementation will take effect on July 1, 1996, and the total net cost of all such actions approved by the board for implementation during the 1995-97 fiscal biennium does not exceed the amounts specified by the legislature specifically for this purpose; or
(C) The implementation is a result of emergent conditions. Emergent conditions are defined as emergency situations requiring the establishment of positions necessary for the preservation of the public health, safety, or general welfare, which do not exceed $250,000 of the moneys identified in section 718(2), chapter 18, Laws of 1995 2nd sp. sess.
(ii) The board shall approve only those salary increases resulting from adjustments to the classification plan if they are due to documented recruitment and retention difficulties, salary compression or inversion, increased duties and responsibilities, or inequities. For these purposes, inequities are defined as similar work assigned to different job classes with a salary disparity greater than 7.5 percent.
(iii) Adjustments made to the higher education hospital special pay plan are exempt from (b)(i) through (ii) of this subsection.
(c) Reclassifications, class studies, and salary adjustments to be implemented during the 1997-99 and subsequent fiscal biennia are governed by (a) of this subsection and RCW 41.06.152;
(16) Allocation and reallocation of positions within the classification plan;
(17) Adoption and revision of a state salary schedule to reflect the prevailing rates in Washington state private industries and other governmental units but the rates in the salary schedules or plans shall be increased if necessary to attain comparable worth under an implementation plan under RCW 41.06.155 and that, for institutions of higher education and related boards, shall be competitive for positions of a similar nature in the state or the locality in which an institution of higher education or related board is located, such adoption and revision subject to approval by the director of financial management in accordance with the provisions of chapter 43.88 RCW;
(18) Increment increases within the series of steps for each pay grade based on length of service for all employees whose standards of performance are such as to permit them to retain job status in the classified service;
(19) Optional lump sum relocation compensation approved by the agency director, whenever it is reasonably necessary that a person make a domiciliary move in accepting a transfer or other employment with the state. An agency must provide lump sum compensation within existing resources. If the person receiving the relocation payment terminates or causes termination with the state, for reasons other than layoff, disability separation, or other good cause as determined by an agency director, within one year of the date of the employment, the state is entitled to reimbursement of the lump sum compensation from the person;
(20) Providing for veteran's preference as required by existing statutes, with recognition of preference in regard to layoffs and subsequent reemployment for veterans and their surviving spouses by giving such eligible veterans and their surviving spouses additional credit in computing their seniority by adding to their unbroken state service, as defined by the board, the veteran's service in the military not to exceed five years. For the purposes of this section, "veteran" means any person who has one or more years of active military service in any branch of the armed forces of the United States or who has less than one year's service and is discharged with a disability incurred in the line of duty or is discharged at the convenience of the government and who, upon termination of such service has received an honorable discharge, a discharge for physical reasons with an honorable record, or a release from active military service with evidence of service other than that for which an undesirable, bad conduct, or dishonorable discharge shall be given: PROVIDED, HOWEVER, That the surviving spouse of a veteran is entitled to the benefits of this section regardless of the veteran's length of active military service: PROVIDED FURTHER, That for the purposes of this section "veteran" does not include any person who has voluntarily retired with twenty or more years of active military service and whose military retirement pay is in excess of five hundred dollars per month;
(((20))) (21) Permitting agency heads to delegate the authority to appoint, reduce, dismiss, suspend, or demote employees within their agencies if such agency heads do not have specific statutory authority to so delegate: PROVIDED, That the board may not authorize such delegation to any position lower than the head of a major subdivision of the agency;
(((21))) (22) Assuring persons who are or have been employed in classified positions before July 1, 1993, will be eligible for employment, reemployment, transfer, and promotion in respect to classified positions covered by this chapter;
(((22))) (23) Affirmative action in appointment, promotion, transfer, recruitment, training, and career development; development and implementation of affirmative action goals and timetables; and monitoring of progress against those goals and timetables.
The board shall consult with the human rights commission in the development of rules pertaining to affirmative action. The department of personnel shall transmit a report annually to the human rights commission which states the progress each state agency has made in meeting affirmative action goals and timetables."
MOTIONS
On motion of Senator Fairley, the following title amendment was adopted:
On page 1, beginning on line 2 of the title, after "assistance;" strike the remainder of the title and insert "amending RCW 41.06.150; adding a new section to chapter 43.03 RCW; and creating a new section."
On motion of Senator Fairley, the rules were suspended, Substitute House Bill No. 1282, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1282, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1282, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 2; Absent, 1; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 43.
Voting nay: Senators Hochstatter and Morton - 2.
Absent: Senator Hargrove - 1.
Excused: Senators Deccio, McDonald and Thibaudeau - 3.
SUBSTITUTE HOUSE BILL NO. 1282, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1562, by House Committee on Transportation (originally sponsored by Representatives Scott, Mulliken and G. Chandler)
Changing provisions relating to the adoption of regulations by airport operators.
The bill was read the second time.
MOTION
On motion of Senator Gardner, the following Committee on Transportation striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 14.08.122 and 1987 c 254 s 2 are each amended to read as follows:
An airport operator may adopt all regulations necessary for rental and use of airport facilities and for the expeditious collection of airport charges. The regulations may also establish procedures for the enforcement of these regulations by the airport operator. The regulations shall include the following:
(1) Procedures authorizing airport personnel to take reasonable measures including, but not limited to, the use of chains, ropes, and locks to secure aircraft within the airport facility so that the aircraft are in the possession and control of the airport operator and cannot be removed from the airport. These procedures may be used if an owner hangaring or parking an aircraft at the airport fails, after being notified that charges are owing and of the owner's right to contest that such charges are owing, to pay the airport charges owed ((and the account is at least sixty days delinquent)) or to commence legal proceedings. Notification shall be by registered mail to the owner at his or her last known address. In the case of an aircraft where an owner's address cannot be determined or obtained after reasonable effort, the airport operator need not give such notice prior to securing the aircraft. At the time of securing the aircraft, an authorized airport employee shall attach to the aircraft a readily visible notice and shall make a reasonable attempt to send a copy of the notice to the owner at his or her last known address by registered mail, return receipt requested, and ((a)) an additional copy of the notice by first class mail. The notice shall be of a reasonable size and shall contain the following information:
(a) The date and time the notice was attached;
(b) A reasonable description of the aircraft;
(c) The identity of the authorized employee;
(d) The amount of airport charges owing;
(e) A statement that if the account is not paid in full within ((one hundred eighty)) ninety days from the time the notice was attached the aircraft may be sold at public auction to satisfy the airport charges;
(f) ((The time and place of sale;
(g))) A statement of the owner's right to commence legal proceedings to contest the charges owing and to have the aircraft released upon posting of an adequate cash bond or other security; and
(((h))) (g) The address and telephone number where additional information may be obtained concerning the release of the aircraft.
(2) Procedures authorizing airport personnel at their discretion to ((place)) move aircraft ((in)) to an area within the airport operator's control or for storage with private persons under the airport operator's control as bailees of the airport facility. ((Reasonable)) Costs of any such procedure shall be paid by the aircraft's owner.
(3) If an aircraft is secured under subsection (1) of this section or moved under conditions authorized ((under)) by subsection (2) of this section the owner who is obligated for hangaring or parking or other airport charges may regain possession of the aircraft by:
(a) Making arrangements satisfactory with the airport operator for the immediate removal of the aircraft from the airport's hangar, or making arrangements for authorized parking; and
(b) By making payment to the airport operator of all airport charges or by posting with the airport operator a sufficient cash bond or other security acceptable to such operator, to be held in trust by the airport operator pending written agreement of the parties with respect to payment by the aircraft owner of the amount owing, or pending resolution of charges in a civil action in a court of competent jurisdiction. Upon written agreement or judicial resolution, the trust shall terminate and the airport operator shall receive so much of the bond or other security as is necessary to satisfy the agreement, or any judgment, costs, and interest as may be awarded to the airport operator. The balance shall be refunded immediately to the owner at the owner's last known address by registered mail, return receipt requested. The airport operator shall send to the owner by first class mail a notice that the balance of funds was forwarded to him or her by registered mail, return receipt requested.
(4) If an aircraft parked or hangared at an airport is abandoned, the airport operator may authorize the public sale of the aircraft by authorized personnel to the highest and best bidder for cash as follows:
(a) If an aircraft has been secured by the airport operator under subsection (1) of this section and is not released to the owner under the bonding provisions of this section within ((one hundred eighty)) ninety days after notifying or attempting to notify the owner under subsection (1) of this section, or in all other cases, for ((one hundred eighty)) ninety days after the airport operator secures the aircraft, the aircraft shall be conclusively presumed to have been abandoned by the owner;
(b) Before the aircraft is sold, the owner of the aircraft shall be given at least twenty days' notice of sale by registered mail, return receipt requested, if the name and address of the owner are known, and the notice of sale shall be published at least once, more than ten but less than twenty days before the sale, in a newspaper of general circulation in the county in which the airport is located. The notice shall include the name of the aircraft, if any, its aircraft identification number, the last known owner and address, the time and place of sale, the amount of airport charges that will be owing at the time of sale, a reasonable description of the aircraft to be sold and a statement that the airport operator may bid all or part of its airport charges at the sale and may become a purchaser at the sale;
(c) Before the aircraft is sold, any person seeking to redeem an impounded aircraft under this section may commence a lawsuit in the superior court of the county in which the aircraft was impounded, to contest the validity of the impoundment or the amount of airport charges owing. Such lawsuit must be commenced within ten days of the date the notification was provided under subsection (1) of this section, or the right to a hearing is waived and the owner is liable for any airport charges owing the airport operator. In the event of litigation, the prevailing party is entitled to reasonable attorneys' fees and costs;
(d) The proceeds of a sale under this section shall first be applied to payment of airport charges owed. The balance, if any, shall be deposited with the department of revenue to be held in trust for the owner or owners and lienholders for a period of one year. If more than one owner appears on the aircraft title, and/or if any liens appear on the title, the department must, if a claim is made, interplead the balance into a court of competent jurisdiction for distribution. The department may release the balance to the legal owner provided that the claim is made within one year of sale and only one legal owner and no lienholders appear on the title. If no valid claim is made within one year of the date of sale, the excess funds from the sale shall be deposited in the aircraft search and rescue, safety, and education account created in RCW 47.68.236. If the sale is for a sum less than the applicable airport charges, the airport operator is entitled to assert a claim against the aircraft owner or owners for the deficiency;
(e) In the event that no one purchases the aircraft at a sale, or that the aircraft is not removed from the premises or other arrangements are not made within ten days of the sale, title to the aircraft shall revert to the airport operator.
(5) The regulations authorized under this section shall be enforceable only if:
(a) The airport operator has had its tariff and/or regulations, including any and all regulations authorizing the impoundment of an aircraft that is the subject of delinquent airport charges, conspicuously posted at the airport manager's office at all times.
(b) All impounding remedies available to the airport operator are included in any written contract for airport charges between an airport operator and an aircraft owner; and
(((6))) (c) All rules and regulations authorized under this section are adopted either pursuant to chapter 34.05 RCW, or by resolution of the appropriate legislative authority, as applicable.
Sec. 2. RCW 47.68.250 and 1998 c 188 s 1 are each amended to read as follows:
Every aircraft shall be registered with the department for each calendar year in which the aircraft is operated or is based within this state. A fee of ((four)) eight dollars shall be charged for each such registration and each annual renewal thereof.
Possession of the appropriate effective federal certificate, permit, rating, or license relating to ownership and airworthiness of the aircraft, and payment of the excise tax imposed by Title 82 RCW for the privilege of using the aircraft within this state during the year for which the registration is sought, and payment of the registration fee required by this section shall be the only requisites for registration of an aircraft under this section.
The registration fee imposed by this section shall be payable to and collected by the secretary. The fee for any calendar year must be paid during the month of January, and shall be collected by the secretary at the time of the collection by him or her of the said excise tax. If the secretary is satisfied that the requirements for registration of the aircraft have been met, he or she shall thereupon issue to the owner of the aircraft a certificate of registration therefor. The secretary shall pay to the state treasurer the registration fees collected under this section, which registration fees shall be credited to the aeronautics account in the transportation fund.
It shall not be necessary for the registrant to provide the secretary with originals or copies of federal certificates, permits, ratings, or licenses. The secretary shall issue certificates of registration, or such other evidences of registration or payment of fees as he or she may deem proper; and in connection therewith may prescribe requirements for the possession and exhibition of such certificates or other evidences.
The provisions of this section shall not apply to:
(1) An aircraft owned by and used exclusively in the service of any government or any political subdivision thereof, including the government of the United States, any state, territory, or possession of the United States, or the District of Columbia, which is not engaged in carrying persons or property for commercial purposes;
(2) An aircraft registered under the laws of a foreign country;
(3) An aircraft which is owned by a nonresident and registered in another state: PROVIDED, That if said aircraft shall remain in and/or be based in this state for a period of ninety days or longer it shall not be exempt under this section;
(4) An aircraft engaged principally in commercial flying constituting an act of interstate or foreign commerce;
(5) An aircraft owned by the commercial manufacturer thereof while being operated for test or experimental purposes, or for the purpose of training crews for purchasers of the aircraft;
(6) An aircraft being held for sale, exchange, delivery, test, or demonstration purposes solely as stock in trade of an aircraft dealer licensed under Title 14 RCW;
(7) An aircraft based within the state that is in an unairworthy condition, is not operated within the registration period, and has obtained a written exemption issued by the secretary.
The secretary shall be notified within one week of any change in ownership of a registered aircraft. The notification shall contain the N, NC, NR, NL, or NX number of the aircraft, the full name and address of the former owner, and the full name and address of the new owner. For failure to so notify the secretary, the registration of that aircraft may be canceled by the secretary, subject to reinstatement upon application and payment of a reinstatement fee of ten dollars by the new owner.
A municipality or port district that owns, operates, or leases an airport, as defined in RCW 47.68.020, with the intent to operate, shall require from an aircraft owner proof of aircraft registration or proof of intent to register an aircraft as a condition of leasing or selling tiedown or hangar space for an aircraft. The airport shall inform the lessee or purchaser of the tiedown or hangar space of the state law requiring registration and direct the person to comply with the state law if the person has not already done so. The airport may lease or sell tiedown or hangar space to owners of nonregistered aircraft after presenting them with the appropriate state registration forms. It is then the responsibility of the lessee or purchaser to register the aircraft. The airport shall report to the department's aviation division at the end of each month, the names, addresses, and "N" numbers of those aircraft owners not yet registered.
Sec. 3. RCW 82.48.100 and 1965 ex.s. c 173 s 28 are each amended to read as follows:
This chapter shall not apply to:
Aircraft owned by and used exclusively in the service of any government or any political subdivision thereof, including the government of the United States, any state, territory, or possession of the United States, or the District of Columbia, which are not engaged in carrying persons or property for commercial purposes;
Aircraft registered under the laws of a foreign country;
Aircraft which are owned by a nonresident and registered in another state: PROVIDED, That if any such aircraft shall remain in and/or be based in this state for a period of ninety days or longer it shall not be exempt under this section;
Aircraft engaged principally in commercial flying which constitutes interstate or foreign commerce; and aircraft owned by the manufacturer thereof while being operated for test or experimental purposes, or for the purpose of training crews for purchasers of the aircraft;
Aircraft being held for sale, exchange, delivery, test, or demonstration purposes solely as stock in trade of an aircraft dealer licensed under Title 14 RCW;
Aircraft owned by a nonresident of this state if the aircraft is kept at an airport in this state and that airport is jointly owned or operated by a municipal corporation or other governmental entity of this state and a municipal corporation or other governmental entity of another state, and the owner or operator of the aircraft provides the department with proof that the owner or operator has paid all taxes, license fees, and registration fees required by the state in which the owner or operator resides."
MOTIONS
On motion of Senator Gardner, the following title amendment was adopted:
On page 1, line 2 of the title, after "charges;" strike the remainder of the title and insert "and amending RCW 14.08.122, 47.68.250, and 82.48.100."
On motion of Senator Gardner, the rules were suspended, Engrossed Substitute House Bill No. 1562, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1562, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1562, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 3; Absent, 1; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Winsley, Wojahn and Zarelli - 42.
Voting nay: Senators Honeyford, Rossi and Stevens - 3.
Absent: Senator West - 1.
Excused: Senators Deccio, McDonald and Thibaudeau - 3.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1562, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE CONCURRENT RESOLUTION NO. 8409, by Senators Goings, Oke, Shin, Gardner, Swecker, Roach, B. Sheldon, Snyder, McCaslin, McAuliffe, Franklin, Rasmussen and Eide
Creating a Joint Select Committee on Veterans and Military Affairs.
The concurrent resolution was read the second time.
MOTION
On motion of Senator Goings, the rules were suspended, Senate Concurrent Resolution No. 8409 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Concurrent Resolution No. 8409.
ROLL CALL
The Secretary called the roll on the final passage of Senate Concurrent Resolution No. 8409 and the concurrent resolution passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Winsley, Wojahn and Zarelli - 46.
Absent: Senator West - 1.
Excused: Senators Deccio and Thibaudeau - 2.
SENATE CONCURRENT RESOLUTION. 8409, having received the constitutional majority, was declared passed.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1935, by House Committee on appropriations (originally sponsored by Representatives Tokuda, Boldt, Ogden, Schual-Berke, Lovick, Kessler, Kenney, Rockefeller, Murray, Scott, Edmonds, Conway, Kagi, Santos, Poulsen, Veloria and Lantz)
Adjusting eligibility for early childhood assistance programs.
The bill was read the second time.
MOTION
Senator McAuliffe moved that the following Committee on Education striking amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28A.215.110 and 1994 c 166 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908.
(1) "Advisory committee" means the advisory committee under RCW 28A.215.140.
(2) "Department" means the department of community, trade, and economic development.
(3) "Eligible child" means a child not eligible for kindergarten whose family income is at or below one hundred thirty percent of the federal poverty level, as published annually by the federal department of health and human services, and includes a child whose family is eligible for public assistance, and who is not a participant in a federal or state program providing comprehensive services and may include children who are eligible under rules adopted by the department if the number of such children equals not more than ten percent of the total enrollment in the early childhood program. Priority for enrollment shall be given to children from families with the lowest income or to eligible children from families with multiple needs.
(4) "Approved programs" means those state-supported education and special assistance programs which are recognized by the department of community, trade, and economic development as meeting the minimum program rules adopted by the department to qualify under RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908 and are designated as eligible for funding by the department under RCW 28A.215.160 and 28A.215.180.
(5) "Comprehensive" means an assistance program that focuses on the needs of the child and includes education, health, and family support services.
(6) "Family support services" means providing opportunities for parents to:
(a) Actively participate in their child's early childhood program;
(b) Increase their knowledge of child development and parenting skills;
(c) Further their education and training;
(d) Increase their ability to use needed services in the community;
(e) Increase their self-reliance."
MOTION
Senator Benton moved that the following amendment by Senators Benton, Deccio and Finkbeiner to the Committee on Education striking amendment be adopted
On page 1, line 33 of the amendment, after "28A.215.180." insert "To be eligible as an approved program, the program must:
(a) Have an annual program review by the department in addition to program self-evaluations;
(b) Respond to parental concerns; and
(c) Provide an outreach program to identify children from families with the lowest income."
POINT OF ORDER
Senator McAuliffe: “Mr. President, a point of order. I raise the question of scope and object on the amendment by Senators Benton, Deccio and Finkbeiner to the Committee on Education striking amendment. In Substitute House Bill No. 1935, the Early Childhood Assistance Program family income eligibility requirement is raised two hundred and thirty percent of the federal poverty level. The Community Trade and Economic Department review requested in the amendment changes the scope and object of this bill. I ask that you consider that as out of the scope and object and out of compliance with the original bill.”
Further debate ensued.
MOTION
On motion of Senator Betti Sheldon, further consideration of Substitute House Bill No. 1935 was deferred.
There being no objection, the Senate resumed consideration of Substitute House Bill No. 1569 and the pending amendments by Senators Benton, Swecker and Johnson on page 1, lines 7, 14 and 19, to the striking amendment by Senators McAuliffe and Finkbeiner deferred earlier today.
RULING BY THE PRESIDENT
President Owen: “In ruling upon the point of order raised by Senator McAuliffe to the scope and object of the amendments by Senators Benton, Swecker and Johnson on page 1, lines 7, 14, and 19, to the striking amendment by Senators McAuliffe and Finkbeiner, the President finds that Substitute House Bill No. 1569 is a measure which provides grants to schools and school districts for the purpose of establishing training models to enhance the skills of math teachers.
“The amendments by Senators Benton, Swecker and Johnson would provide bonuses to new math and science teachers. The amendments in no way concern the grant program established in the bill.
“The President, therefore, finds that the amendments do change the scope and object of the bill and the point of order is well taken.”
The amendments by Senators Benton, Swecker and Johnson on page 1, lines 7, 14, and 19, to the striking amendment by Senators McAuliffe and Finkbeiner to Substitute House Bill No. 1569 were ruled out of order.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators McAuliffe and Finkbeiner to Substitute House Bill No. 1569.
The motion by Senator McAuliffe carried and the striking amendment was adopted.
MOTIONS
On motion of Senator McAuliffe, the following title amendment was adopted:
On page 1, line 1 of the title, strike the remainder of the title and insert" adding a new section to chapter 28A.300 RCW, and creating a new section."
On motion of Senator McAuliffe, the rules were suspended, Substitute House Bill No. 1569, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1569, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1569, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 47.
Excused: Senators Deccio and Thibaudeau - 2.
SUBSTITUTE HOUSE BILL NO. 1569, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the Senate resumed consideration of Engrossed Second Substitute House Bill No. 1477 and the pending amendment by Senator Tim Sheldon on page 12, after line 12, deferred earlier today.
RULING BY THE PRESIDENT
President Owen: “In ruling upon the point of order raised by Senator McAuliffe to the scope and object of amendment by Senator Tim Sheldon on page 12, after line 12, the President finds that Engrossed Second Substitute House Bill No. 1477 is a measure which deals solely and exclusively with the organization of school districts.
“The amendment by Senator Tim Sheldon would do two things: (1) require that school employees provide a statement from a licensed health care provider in order to take sick leave; and (2) prohibit school employees who take sick leave to engage in a strike from receiving sick leave benefits during the time of the strike. The amendment in no way concerns school district organization.
“The President, therefore, finds that the amendment does change the scope and object of the bill and the point of order is well taken.”
The amendment by Senator Tim Sheldon on page 12, after line 12, to Engrossed Second Substitute House Bill No. 1477 was ruled out of order.
MOTION
On motion of Senator McAuliffe, the rules were suspended, Engrossed Second Substitute House Bill No. 1477, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute House Bill No. 1477, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 1477, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48. Excused: Senator Deccio - 1. ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1477, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1407, by House Committee on Judiciary (originally sponsored by Representatives Lambert, Benson, Dickerson, Sheahan, Tokuda, Hurst, G. Chandler, Mulliken, Boldt, Koster, Schindler, Ogden, Dunn and Kessler)
Changing adoption provisions.
The bill was read the second time.
MOTION
On motion of Senator Costa, the following Committee on Human and Services and Corrections striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 26.33.170 and 1988 c 203 s 1 are each amended to read as follows:
(1) An agency's, the department's, or a legal guardian's consent to adoption may be dispensed with if the court determines by clear, cogent and convincing evidence that the proposed adoption is in the best interests of the adoptee.
(2) An alleged father's, birth parent's, or parent's consent to adoption may be dispensed with if the court finds that the proposed adoption is in the best interests of the adoptee and:
(a) The alleged father, birth parent, or parent has been found guilty of rape under chapter 9A.44 RCW or incest under RCW 9A.64.020, where the adoptee was the victim of the rape or incest; or
(b) The alleged father, birth parent, or parent has been found guilty of rape under chapter 9A.44 RCW or incest under RCW 9A.64.020, where the other parent of the adoptee was the victim of the rape or incest and the adoptee was conceived as a result of the rape or incest.
(3) Nothing in this section shall be construed to eliminate the notice provisions of this chapter.
NEW SECTION. Sec. 2. A new section is added to chapter 13.34 RCW to read as follows:
In those cases where an alleged father, birth parent, or parent has indicated his or her intention to make a voluntary adoption plan for the child and has agreed to the termination of his or her parental rights, the department shall follow the wishes of the alleged father, birth parent, or parent regarding the proposed adoptive placement of the child, if the court determines that the adoption is in the best interest of the child, and the prospective adoptive parents chosen by the alleged father, birth parent, or parent are properly qualified to adopt in compliance with the standards in this chapter and chapter 26.33 RCW. If the department has filed a termination petition, an alleged father's, birth parent's, or parent's preferences regarding the proposed adoptive placement of the child shall be given consideration.
Sec. 3. RCW 13.34.130 and 1998 c 314 s 2 and 1998 c 130 s 2 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))) (2)(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: (a) Termination is recommended by the supervising agency; (b) termination is in the best interests of the child; and (c) that because of the existence of aggravated circumstances, reasonable efforts to unify the family are not required. Notwithstanding the existence of aggravated circumstances, reasonable efforts may be required if the court or department determines it is in the best interest of the child. In determining whether aggravated circumstances exist by clear, cogent, and convincing evidence, the court shall consider one or more of the following:
(i) 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;
(ii) 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;
(iii) 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;
(iv) Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child;
(v) Conviction of the parent of attempting, soliciting, or conspiracy to commit a crime listed in (c)(i), (ii), (iii), or (iv) of this subsection;
(vi) A finding by a court that a parent is a sexually violent predator as defined in RCW 71.09.020;
(vii) 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. In the case of a parent of an Indian child, as defined in the Indian Child Welfare Act, P.L. 95-608 (25 U.S.C. (([Sec.])) Sec. 1903), the court shall also consider tribal efforts to assist the parent in completing treatment and make it possible for the child to return home;
(viii) An infant under three years of age has been abandoned as defined in RCW 13.34.030(4)(a);
(ix) The mother has given birth to three or more drug-affected infants, resulting in the department filing a petition under section 23 of this act;
(x) Conviction of the parent of a sex offense under chapter 9A.44 RCW or incest under RCW 9A.64.020 when the child is born of the offense.
(3) If reasonable efforts are not ordered under subsection (2) of this section a permanency ((plan [planning])) planning hearing shall be held within thirty days. Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child.
(4) 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; permanent legal custody; 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.
(5) If the court determines that the continuation of reasonable efforts to prevent or eliminate the need to remove the child from his or her home or to safely return the child home should not be part of the permanency plan of care for the child, reasonable efforts shall be made to place the child in a timely manner and to complete whatever steps are necessary to finalize the permanent placement of the child.
(6) 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.
(7) 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. The supervising agency shall provide a foster parent, preadoptive parent, or relative with notice of, and their right to an opportunity to be heard in, a review hearing pertaining to the child, but only if that person is currently providing care to that child at the time of the hearing. This section shall not be construed to grant party status to any person who has been provided an opportunity to be heard.
(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. 4. 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."
MOTIONS
On motion of Senator Costa, the following title amendment was adopted:
On page 1, line 1 of the title, after "adoption;" strike the remainder of the title and insert "amending RCW 26.33.170; reenacting and amending RCW 13.34.130; and adding a new section to chapter 13.34 RCW."
On motion of Senator Costa, the rules were suspended, Engrossed Substitute House Bill No. 1407, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1407, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1407, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.
Excused: Senator Deccio - 1.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1407, as amended by the Senate, 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 Prentice was excused.
SECOND READING
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2085, by House Committee on Appropriations (originally sponsored by Representatives Quall, Talcott, Haigh, Carlson, Santos, Linville, Cox, Kessler, Morris, Murray, McDonald, O'Brien, Anderson, Thomas, Ogden, Poulsen, Rockefeller, Lovick, Kenney, Wolfe, Stensen, Schual-Berke, Tokuda, Ruderman, Keiser, Wood, Constantine and Lantz)
Creating programs addressing disruptive students in regular classrooms.
The bill was read the second time.
MOTION
Senator McAuliffe moved that the following Committee on Education striking amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that disruptive students can significantly impede effective teaching and learning in the classroom. Training in effective strategies for handling disruptive students will help principals, teachers, and other staff gain additional skills to provide a classroom environment that is conducive to teaching and learning. Schools and school districts should be encouraged to provide staff with the training necessary to respond to disruptions effectively.
NEW SECTION. Sec. 2. A new section is added to chapter 28A.415 RCW to read as follows:
(1) To the extent funds are appropriated, the superintendent of public instruction shall conduct professional development institutes to provide opportunities for teachers, principals, and other school staff to learn effective research-based strategies for handling disruptive students. The institutes shall be conducted during the summer of 2000. The training institutes shall emphasize methods for handling disruptions in regular classrooms and how to design and implement alternative learning settings and programs that have been proven to be effective in providing for the educational needs of students who exhibit frequent and prolonged disruptive behavior when placed in a regular classroom setting.
(2) The superintendent may enter into contracts with public or private entities that provide training in effective research-based methods for dealing with disruptive students. In developing the institutes, the superintendent shall work with school staff who have had experience working effectively with disruptive students. The institutes shall be open to teams of teachers, principals, and other school staff from each school district choosing to participate. However, as a condition of participating in the institutes, school district teams shall be required to develop during or immediately following the institute a district plan for carrying out the purposes of this section. Elementary schools and junior high and middle schools in districts that send teams to participate in institutes conducted under this section are encouraged to formulate school building-level plans for addressing the educational needs of disruptive students and the needs of students and teachers in the regular classrooms for an orderly and disciplined environment that is optimally conducive to learning. Individual participants in the institutes shall agree to provide assistance as needed to other school staff in their school building or school district, consistent with their other normal duties.
(3) Beginning with the 1999-2000 school year, elementary and junior high schools are encouraged to provide staff from both the regular education and special education programs opportunities to work together to share successful practices for managing disruptive students."
Debate ensued.
The President declared the question before the Senate to be the adoption of the Committee on Education striking amendment to Engrossed Second Substitute House Bill No. 2085.
The motion by Senator McAuliffe carried and the committee striking amendment was adopted.
MOTIONS
On motion of Senator McAuliffe, the following title amendment was adopted:
On page 1, line 2 of the title, after "classrooms;" strike the remainder of the title and insert "adding a new section to chapter 28A.415 RCW; and creating a new section."
On motion of Senator McAuliffe, the rules were suspended, Engrossed Second Substitute House Bill No. 2085, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute House Bill No. 2085, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 2085, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 3; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Oke, Patterson, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 45.
Voting nay: Senators Hochstatter, Morton and Zarelli - 3.
Excused: Senator Prentice - 1.
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2085, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the Senate resumed consideration of Substitute House Bill No. 1935 and the pending amendment by Senators Benton, Deccio and Finkbeiner on page 1, line 33, to the Committee on Education striking amendment, deferred earlier today.
RULING BY THE PRESIDENT
President Owen: “In ruling upon the point of order raised by Senator McAuliffe to the scope and object of amendment by Senators Benton, Deccio and Finkbeiner on page 1, line 33, to the Committee on Education striking amendment, the President finds that Substitute House Bill No. 1935 is a measure which expands participation in the early childhood assistance program.
“The amendment by Senators Benton, Deccio and Finkbeiner would provide additional standards of accountability and priority in the expanded program.
“The President, therefore, finds that the amendment to the committee amendment does not change the scope and object of the bill and the point of order is not well taken.”
The amendment by Senators Benton, Deccio and Finkbeiner on page 1, line 33, to the Committee on Education striking amendment to Substitute House Bill No. 1935 was ruled in order.
MOTION
On motion of Senator Betti Sheldon, further consideration of Substitute House Bill No. 1935 was deferred.
SECOND READING
HOUSE BILL NO. 1699, by Representatives Parlette, Cody, Schoesler, Barlean, Esser, Edmonds and Van Luven
Establishing continuing education for dentists.
The bill was read the second time.
MOTION
On motion of Senator Thibaudeau, the following Committee on Health and Long-Term Care striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 18.32.002 and 1994 sp.s. c 9 s 201 are each amended to read as follows:
The legislature finds that the health and well-being of the people of this state are of paramount importance.
The legislature further finds that the conduct of members of the dental profession licensed to practice dentistry in this state plays a vital role in preserving the health and well-being of the people of the state.
The legislature further finds that requiring continuing dental education for all licensed dentists in the state is an important component of providing high quality dentistry for the people of this state.
The legislature further finds that there is no effective means of handling disciplinary proceedings against members of the dental profession licensed in this state when such proceedings are necessary for the protection of the public health.
Therefore, the legislature declares its intention to exercise the police power of the state to protect the public health, to promote the welfare of the state, and to provide a commission to act as a disciplinary and regulatory body for the members of the dental profession licensed to practice dentistry in this state.
It is the purpose of the commission established in RCW 18.32.0351 to regulate the competency and quality of professional health care providers under its jurisdiction by establishing, monitoring, and enforcing qualifications for licensure, continuing education, consistent standards of practice, continuing competency mechanisms, and discipline. Rules, policies, and procedures developed by the commission must promote the delivery of quality health care to the residents of the state.
Sec. 2. RCW 18.32.0357 and 1994 sp.s. c 9 s 207 are each amended to read as follows:
The commission shall elect officers each year. Meetings of the commission are open to the public, except the commission may hold executive sessions to the extent permitted by chapter 42.30 RCW. The secretary of health shall furnish such secretarial, clerical, and other assistance as the commission may require.
A majority of the commission members appointed and serving constitutes a quorum for the transaction of commission business. The affirmative vote of a majority of a quorum of the commission is required to carry a motion or resolution, to adopt a rule, or to pass a measure.
The commission may appoint members of panels consisting of not less than three members. A quorum for transaction of any business shall be a minimum of three members. A majority vote of a quorum of the panel is required to transact business delegated to it by the commission.
The members of the commission are immune from suit in an action, civil or criminal, based upon its disciplinary proceedings or other official acts performed in good faith as members of the commission.
The commission may, whenever the workload of the commission requires, request that the secretary appoint pro tempore members. While serving as members pro tempore persons have all the powers, duties, and immunities, and are entitled to the emoluments, including travel expenses, of the commission.
The commission shall prepare or determine the nature of the examinations for applicants to practice dentistry.
The commission shall establish continuing dental education requirements.
The attorney general shall advise the commission and represent it in all legal proceedings.
Sec. 3. RCW 18.32.180 and 1996 c 191 s 16 are each amended to read as follows:
Every person licensed to practice dentistry in this state shall renew his or her license and comply with administrative procedures, administrative requirements, continuing education requirements, and fees as provided in RCW 43.70.250 and 43.70.280. The commission, in its sole discretion, may permit the applicant to be licensed without examination, and with or without conditions, if it is satisfied that the applicant meets all the requirements for licensure in this state and is competent to engage in the practice of dentistry.
NEW SECTION. Sec. 4. The continuing education requirements of RCW 18.32.180 apply to licenses renewed after July 1, 2001."
MOTIONS
On motion of Senator Thibaudeau, the following title amendment was adopted:
On page 1, line 1 of the title, after "dentists;" strike the remainder of the title and insert "amending RCW 18.32.002, 18.32.0357, and 18.32.180; and creating a new section."
On motion of Senator Thibaudeau, the rules were suspended, House Bill No. 1699, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1699, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1699 as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 49.
HOUSE BILL NO. 1699, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1864, by House Committee on Health Care (originally sponsored by Representatives Cody, Boldt, Campbell, Wood and Koster)
Providing for the registration of surgical technologists.
The bill was read the second time.
MOTION
On motion of Senator Thibaudeau, the rules were suspended, Substitute House Bill No. 1864 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1864.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1864 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 4; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, West, Winsley and Wojahn - 45.
Voting nay: Senators Benton, Stevens, Swecker and Zarelli - 4.
SUBSTITUTE HOUSE BILL NO. 1864, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1069, by House Committee on Appropriations (originally sponsored by Representatives Scott, Mulliken and O'Brien)
Authorizing the forensic investigations council to make expenditures to assist in investigations of multiple deaths.
The bill was read the second time.
MOTION
On motion of Senator Loveland, the rules were suspended, Substitute House Bill No. 1069 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1069.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1069 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 49.
SUBSTITUTE HOUSE BILL NO. 1069, 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 Honeyford, Senator Rossi was excused.
SECOND READING
HOUSE BILL NO. 1495, by Representative Fisher
Regarding refunding bonds.
The bill was read the second time.
MOTION
On motion of Senator Loveland, the rules were suspended, House Bill No. 1495 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 House Bill No. 1495.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1495 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.
Excused: Senator Rossi - 1.
HOUSE BILL NO. 1495, 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.
STATEMENT FOR THE JOURNAL
During the final negotiations on the Senate Transportation Budget in the wings of the Senate, I missed my name on the roll call for Substitute House Bill No. 1623, as amended by the Senate. I would have voted 'yes.'
SENATOR DON BENTON, 17th District
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1623, by House Committee on Finance (originally sponsored by Representatives Haigh, Cairnes, Reardon and Thomas) (by request of Department of Revenue)
Updating the tax code by making administrative clarifications, correcting oversights, and deleting obsolete references.
The bill was read the second time.
MOTION
On motion of Senator Johnson, the following amendment by Senators Johnson and Loveland was adopted:
On page 17, beginning on line 26, strike all of section 19 and insert the following:
"Sec. 19. RCW 83.100.020 and 1998 c 292 s 401 are each amended to read as follows:
As used in this chapter:
(1) "Decedent" means a deceased individual;
(2) "Department" means the department of revenue, the director of that department, or any employee of the department exercising authority lawfully delegated to him by the director;
(3) "Federal credit" means (a) for a transfer, the maximum amount of the credit for state taxes allowed by section 2011 of the Internal Revenue Code; and (b) for a generation-skipping transfer, the maximum amount of the credit for state taxes allowed by section 2604 of the Internal Revenue Code;
(4) "Federal return" means any tax return required by chapter 11 or 13 of the Internal Revenue Code;
(5) "Federal tax" means (a) for a transfer, a tax under chapter 11 of the Internal Revenue Code; and (b) for a generation-skipping transfer, the tax under chapter 13 of the Internal Revenue Code;
(6) "Generation-skipping transfer" means a "generation-skipping transfer" as defined and used in section 2611 of the Internal Revenue Code;
(7) "Gross estate" means "gross estate" as defined and used in section 2031 of the Internal Revenue Code;
(8) "Nonresident" means a decedent who was domiciled outside Washington at his death;
(9) "Person" means any individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate, or other entity and, to the extent permitted by law, any federal, state, or other governmental unit or subdivision or agency, department, or instrumentality thereof;
(10) "Person required to file the federal return" means any person required to file a return required by chapter 11 or 13 of the Internal Revenue Code, such as the personal representative of an estate; or a transferor, trustee, or beneficiary of a generation-skipping transfer; or a qualified heir with respect to qualified real property, as defined and used in section 2032A(c) of the Internal Revenue Code;
(11) "Property" means (a) for a transfer, property included in the gross estate; and (b) for a generation-skipping transfer, all real and personal property subject to the federal tax;
(12) "Resident" means a decedent who was domiciled in Washington at time of death;
(13) "Transfer" means "transfer" as used in section 2001 of the Internal Revenue Code, or a disposition or cessation of qualified use as defined and used in section 2032A(c) of the Internal Revenue Code;
(14) "Trust" means "trust" under Washington law and any arrangement described in section 2652 of the Internal Revenue Code; and
(15) "Internal Revenue Code" means, for the purposes of this chapter and RCW 83.110.010, the United States Internal Revenue Code of 1986, as amended or renumbered on January 1, ((1998)) 1999.
Sec. 20. RCW 11.02.005 and 1998 c 292 s 117 are each amended to read as follows:
When used in this title, unless otherwise required from the context:
(1) "Personal representative" includes executor, administrator, special administrator, and guardian or limited guardian and special representative.
(2) "Net estate" refers to the real and personal property of a decedent exclusive of homestead rights, exempt property, the family allowance and enforceable claims against, and debts of, the deceased or the estate.
(3) "Representation" refers to a method of determining distribution in which the takers are in unequal degrees of kinship with respect to the intestate, and is accomplished as follows: After first determining who, of those entitled to share in the estate, are in the nearest degree of kinship, the estate is divided into equal shares, the number of shares being the sum of the number of persons who survive the intestate who are in the nearest degree of kinship and the number of persons in the same degree of kinship who died before the intestate but who left issue surviving the intestate; each share of a deceased person in the nearest degree shall be divided among those of the deceased person's issue who survive the intestate and have no ancestor then living who is in the line of relationship between them and the intestate, those more remote in degree taking together the share which their ancestor would have taken had he or she survived the intestate. Posthumous children are considered as living at the death of their parent.
(4) "Issue" includes all the lawful lineal descendants of the ancestor and all lawfully adopted children.
(5) "Degree of kinship" means the degree of kinship as computed according to the rules of the civil law; that is, by counting upward from the intestate to the nearest common ancestor and then downward to the relative, the degree of kinship being the sum of these two counts.
(6) "Heirs" denotes those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the real and personal property of a decedent on the decedent's death intestate.
(7) "Real estate" includes, except as otherwise specifically provided herein, all lands, tenements, and hereditaments, and all rights thereto, and all interest therein possessed and claimed in fee simple, or for the life of a third person.
(8) "Will" means an instrument validly executed as required by RCW 11.12.020.
(9) "Codicil" means a will that modifies or partially revokes an existing earlier will. A codicil need not refer to or be attached to the earlier will.
(10) "Guardian" or "limited guardian" means a personal representative of the person or estate of an incompetent or disabled person as defined in RCW 11.88.010 and the term may be used in lieu of "personal representative" wherever required by context.
(11) "Administrator" means a personal representative of the estate of a decedent and the term may be used in lieu of "personal representative" wherever required by context.
(12) "Executor" means a personal representative of the estate of a decedent appointed by will and the term may be used in lieu of "personal representative" wherever required by context.
(13) "Special administrator" means a personal representative of the estate of a decedent appointed for limited purposes and the term may be used in lieu of "personal representative" wherever required by context.
(14) "Trustee" means an original, added, or successor trustee and includes the state, or any agency thereof, when it is acting as the trustee of a trust to which chapter 11.98 RCW applies.
(15) "Nonprobate asset" means those rights and interests of a person having beneficial ownership of an asset that pass on the person's death under a written instrument or arrangement other than the person's will. "Nonprobate asset" includes, but is not limited to, a right or interest passing under a joint tenancy with right of survivorship, joint bank account with right of survivorship, payable on death or trust bank account, transfer on death security or security account, deed or conveyance if possession has been postponed until the death of the person, trust of which the person is grantor and that becomes effective or irrevocable only upon the person's death, community property agreement, individual retirement account or bond, or note or other contract the payment or performance of which is affected by the death of the person. "Nonprobate asset" does not include: A payable-on-death provision of a life insurance policy, annuity, or other similar contract, or of an employee benefit plan; a right or interest passing by descent and distribution under chapter 11.04 RCW; a right or interest if, before death, the person has irrevocably transferred the right or interest, the person has waived the power to transfer it or, in the case of contractual arrangement, the person has waived the unilateral right to rescind or modify the arrangement; or a right or interest held by the person solely in a fiduciary capacity. For the definition of "nonprobate asset" relating to revocation of a provision for a former spouse upon dissolution of marriage or declaration of invalidity of marriage, RCW 11.07.010(5) applies. For the definition of "nonprobate asset" relating to revocation of a provision for a former spouse upon dissolution of marriage or declaration of invalidity of marriage, see RCW 11.07.010(5). For the definition of "nonprobate asset" relating to testamentary disposition of nonprobate assets, see RCW 11.11.010(7).
(16) "Internal Revenue Code" means the United States Internal Revenue Code of 1986, as amended or renumbered on January 1, ((1998)) 1999.
Words that import the singular number may also be applied to the plural of persons and things.
Words importing the masculine gender only may be extended to females also.
NEW SECTION. Sec. 21. The following acts or parts of acts are each repealed:
(1) RCW 84.36.353 (Property owned or used for sheltered workshops for handicapped--Shelter workshop defined) and 1998 c 311 s 22 & 1970 ex.s. c 81 s 2; and
(2) RCW 84.36.485 (Cogeneration facilities--Claims for exemption--Forms--Verification--Administrative rules) and 1979 ex.s. c 191 s 9."
Renumber the sections consecutively and correct any internal references accordingly.
MOTIONS
On motion of Senator Johnson, the following title amendment was adopted:
On page 1, line 5 of the title, after "84.36.350," strike "and" and on line 5, after "84.36.383" insert ", 83.100.020, and 11.02.005"
On motion of Senator Johnson, the rules were suspended, Substitute House Bill No. 1623, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1623, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1623, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.
Absent: Senator Benton - 1.
Excused: Senator Rossi - 1.
SUBSTITUTE HOUSE BILL NO. 1623, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1432, by Representatives Stensen, G. Chandler, Linville, Koster, Cooper, Dunshee, Reardon and Wood
Expanding the powers and duties of the dairy commission.
The bill was read the second time.
MOTION
On motion of Senator Rasmussen, the following Committee on Agriculture and Rural Economic Development amendment was adopted:
On page 2, beginning on line 15, strike all material through "matters." on line 19 and insert the following:
"(10) Participate in federal and state agency hearings, meetings, and other proceedings relating to the regulation of the production, manufacture, distribution, sale, or use of dairy products, to provide educational meetings and seminars for the dairy industry on such matters, and to expend commission funds for such activities."
MOTION
On motion of Senator Rasmussen, the rules were suspended, House Bill No. 1432, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1432, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1432, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 49.
HOUSE BILL NO. 1432, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1013, by House Committee on Higher Education (originally sponsored by Representatives Carlson, Radcliff, Dunn and Sheahan)
Changing the goals and priorities for grants under the Washington fund for innovation and quality education program.
The bill was read the second time.
MOTION
On motion of Senator Kohl-Welles, the rules were suspended, Substitute House Bill No. 1013 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1013.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1013 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 49.
SUBSTITUTE HOUSE BILL NO. 1013, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SECOND SUBSTITUTE HOUSE BILL NO. 1729, by House Committee on Appropriations (originally sponsored by Representatives Kenney, Carlson, Lantz, Quall, Skinner, Reardon, Gombosky, Edwards, Anderson, Veloria, Edmonds, Dunn, Stensen, McIntire, Kagi, Conway, Regala, Lovick, D. Schmidt, Ogden, Keiser, Dickerson and Santos)
Creating the Washington teacher training pilot program.
The bill was read the second time.
MOTION
On motion of Senator Kohl-Welles, the rules were suspended, Second Substitute House Bill No. 1729 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 Second Substitute House Bill No. 1729.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute House Bill No. 1729 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 48.
Voting nay: Senator Zarelli - 1.
SECOND SUBSTITUTE HOUSE BILL NO. 1729, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SECOND SUBSTITUTE HOUSE BILL NO. 1462, by House Committee on Appropriations (originally sponsored by Representatives Quall, Talcott, Haigh, Wensman, Stensen, Ogden, Santos, O'Brien, Rockefeller, Regala, Sullivan, Linville, Lantz, Lovick, Doumit, Reardon, Cooper, Scott, Dickerson, Kessler, Hatfield, Gombosky, Murray, Carlson, McIntire, Hurst, Edwards, Conway, Wood, Morris, Keiser, Fisher, Schual-Berke, Dunshee, D. Schmidt and Kenney)
Changing school accountability and assistance provisions.
The bill was read the second time.
MOTION
Senator McAuliffe moved that the following Committee on Education striking amendment not be adopted:
Strike everything after the enacting clause and insert the following:
"INTENT
NEW SECTION. Sec. 1. INTENT. The legislature finds that the purpose of Washington's accountability system is to improve student learning and student achievement of the essential academic learning requirement standards so that each individual student will be given the opportunity to become a responsible citizen and successfully live, learn, and work in the twenty-first century. To achieve this purpose, the accountability system should be based on continuous improvement at all levels of Washington's education system and on a fundamental principle that all students have access to curriculum and instruction that is aligned to the standards.
The legislature further finds that the accountability system should rely on local responsibility and leadership. Districts and schools should be expected to improve and be evaluated based on their improvement over time. Districts should recognize exceptional progress and work closely with struggling schools. The state should provide technical assistance and expertise where needed.
The legislature further finds that the accountability system must be simple to use and understand. Consequences must be predictable and fair. Differences among students, schools, and districts should be recognized and respected as the system is implemented. There should be a balance of each student's right to privacy and the public's right to know the overall levels of learning and achievement at the school, district, and state levels. In addition, the accountability system should be continuously reviewed and improved as more is learned about how schools operate to meet the learning needs of Washington's students.
PART 1
OVERSIGHT OF THE ACCOUNTABILITY SYSTEM
NEW SECTION. Sec. 101. COMPOSITION OF THE COMMISSION. (1) The Washington commission on academic achievement is hereby established. The primary purpose of the commission is to provide oversight of the accountability system.
(2) The commission shall include one member of the state board of education, the superintendent of public instruction, and seven members appointed by the governor. All appointments shall be made by July 1, 1999. The governor shall appoint a chair from the commission members, and fill any vacancies in gubernatorial appointments that may occur. Gubernatorial and state board appointees shall serve for a term of four years. However, four of the initial seven gubernatorial appointments and the state board appointee shall serve two-year terms. Appointees may be reappointed to serve more than one term. The state board of education shall fill any vacancies of the state board of education appointment that may occur. Of the appointments made by the governor, one shall be from a list of names submitted by the superintendent of public instruction. In making the appointments, educators, business leaders, and parents shall be represented, and nominations from state-wide education, business, and parent organizations shall be requested. Efforts shall be made to ensure that the commission reflects the racial and ethnic diversity of the state's K-12 student population and that the major geographic regions in the state are represented. Appointees shall be qualified individuals who are supportive of educational improvement and accountability, who have a positive record of service, and who will devote sufficient time to the responsibilities of the commission to ensure that the objectives of the commission are achieved.
NEW SECTION. Sec. 102. DUTIES OF THE COMMISSION. (1) For purposes of state-wide accountability, the commission shall:
(a) Establish goals for other content and grade levels as the commission deems appropriate to improve student learning when assessments in the other content areas and other grade levels are required to be administered state-wide. In setting high school goals, the commission shall consider the percent of students achieving a certificate of mastery and a reduction in dropout rates. The commission may revise the state-wide accountability goals as necessary;
(b) Develop criteria for deciding when it is appropriate for the commission to make recommendations to the superintendent about interventions, assistance, and recognition;
(c) Review data and make recommendations to the superintendent of public instruction about school districts requiring school assistance, recognition, and intervention;
(d) Submit recommendations to the superintendent of public instruction about appropriate interventions, assistance, and recognition;
(e) Annually review the reporting system to ensure fairness, accuracy, timeliness, and equity of opportunity, especially with regard to schools with special circumstances and unique populations of students, and recommend to the superintendent of public instruction needed improvements;
(f) Hear concerns about interventions;
(g) Recommend changes to the superintendent and the legislature regarding accountability policy and legislation, as necessary;
(h) Report annually by December 1st to the legislature, the governor, the superintendent of public instruction, and the state board of education on the progress, findings, and recommendations of the commission;
(i) By December 1, 2000, and by December 31st annually thereafter, report to the education committees of the house of representatives and the senate on the progress that has been made in achieving the reading goal, and on the setting of goals and progress in achieving goals in the other content areas and at other grade levels; and
(j) Make recommendations to the legislature and take other actions necessary or desirable to help students meet the student learning goals.
(2) The commission shall coordinate its activities with the state board of education and the office of the superintendent of public instruction.
(3) The commission shall seek advice broadly from the public and all interested educational organizations in the conduct of its work, including holding periodic regional public hearings.
(4) The commission may hire an executive director and staff to perform the duties in support of the activities of the commission. The office of the superintendent of public instruction shall provide administrative oversight and be the fiscal agent for the commission. The commission may direct the office of the superintendent of public instruction to enter into subcontracts, within the commission's resources, with school districts, teachers, higher education faculty, state agencies, business organizations, and other individuals and organizations to assist the commission in its deliberations.
(5) The commission may adopt rules as necessary to carry out its duties.
(6) Members of the commission shall be reimbursed for per diem and travel expenses as provided in RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 103. RECOGNITION. (1) The commission on academic achievement annually shall make recommendations to the superintendent of public instruction on school districts and schools that should be recognized based on the results of the Washington assessment of student learning. The commission shall develop the criteria for selecting districts and schools for recognition. Recognition shall be given to schools and school districts that have achieved exceptional growth:
(a) As measured by an increase in the percent of students meeting standards. The level of achievement required for recognition shall be based on the achievement goals established by the legislature and the commission on academic achievement under RCW 28A.630.887 (as recodified by this act);
(b) As measured by an improvement index that measures improvement in all levels of the assessment; and
(c) Despite challenges such as high levels of mobility, poverty, English as a second language learners, and large numbers of students in special populations as measured by either the percent of students meeting the standard, or the improvement index.
(2) When determining the baseline year or years for recognizing individual schools, the commission may use the assessment results from the initial years the assessments were administered, if doing so with individual schools would be appropriate.
NEW SECTION. Sec. 104. INTERVENTION. (1) Improved student learning depends on the initiative of educators, parents, and students in each school, the school's local community, and state support. Schools should take responsibility for their own improvement while also having access to assistance from school districts, educational service districts, and the state.
(2) School districts have primary responsibility for intervening in schools with large numbers of students who are not achieving the essential academic learning requirements. In some cases, school district intervention may not prove successful. Beginning in the 2001-02 school year, continuing levels of low achievement in elementary schools in which there is little or no improvement shall trigger an evaluation by the commission on academic achievement. The purpose of the evaluation is to decide whether to initiate additional state-level assistance. For middle and high schools, the evaluation shall occur three years after assessments are required state-wide. When making recommendations to the superintendent of public instruction regarding additional state-level assistance, the commission on academic achievement shall use multiple sources of information including:
(a) The results of the Washington assessment of student learning;
(b) Student achievement evidence from district or other state assessments;
(c) The level of improvement in student achievement over time;
(d) Student mobility and poverty;
(e) Attendance and dropout rates;
(f) Graduation rates and posthigh school indicators;
(g) Percent of students in special programs; and
(h) Other factors presented by individual districts or schools.
(3) If the commission on academic achievement, after considering the factors in subsection (2) of this section, finds that the district's efforts have failed to improve student achievement over a reasonable period of time, the commission may recommend to the superintendent of public instruction that the superintendent intervene in the school district. The superintendent of public instruction may intervene in the school district and take appropriate corrective actions.
PART 2
ACCOUNTABILITY GOALS
Sec. 201. RCW 28A.630.887 and 1998 c 319 s 101 are each amended to read as follows:
(((1))) By December 15, 1998, each school district board of directors shall:
(((a))) (1) Select the reading standard results on either the 1997 or 1998 fourth grade Washington assessment of student learning as the school district's initial baseline reading standard. Districts may select the 1997 results only if all of the elementary schools with fourth grade students administered the assessment;
(((b))) (2) Establish a three-year, district-wide goal to increase, by the end of the 2000-01 school year, the percentage of students who meet or exceed the reading standard on the fourth grade Washington assessment of student learning. The ((three-year)) 2000-01 percentage increase goal may not be less than the district's total percentage of students who did not meet the baseline reading standard multiplied by twenty-five percent;
(((c))) (3) Specify the annual district-wide percentage improvement increments to meet the ((three-year)) 2000-01 goal; and
(((d))) (4) Direct each elementary school to establish a three-year goal for its fourth grade students, subject to approval by the board. The aggregate of the elementary school goals must meet or exceed the district-wide goals established by the board.
(((2) Each school district board of directors shall:
(a) Report biannually to parents in writing and to the community in a public meeting the following information:
(i) District-wide and school-level three-year goals;
(ii) Student performance relative to the goals; and
(iii) District-wide and school-level plans to achieve the reading goal in kindergarten through fourth grade, including grade-level expectations, curriculum and instruction, parental or guardian involvement, and resources available to parents and guardians to help students meet the reading standard;
(b) Report annually to the superintendent of public instruction and in a news release to the local media the district's progress toward meeting the district-wide and school-level goals; and
(c) Include the reported information in each school's annual school performance report under RCW 28A.320.205.
(3) By December 1, 2000, the superintendent of public instruction shall report to the education committees of the house of representatives and the senate on the progress that has been made in achieving the three-year reading goal, and provide recommendations to the legislature on setting reading goals for the next three years.
(4) This section expires July 1, 2006.))
PART 3
REPORTING RESULTS
Sec. 301. RCW 28A.630.889 and 1998 c 319 s 301 are each amended to read as follows:
(1) By September 10, 1998, and by September 10th each year thereafter, the superintendent of public instruction shall:
(a) Report to the public, schools, school districts, and the legislature on the results of the ((fourth grade)) Washington assessment of student learning; and
(b) Post individual school results of the ((fourth grade)) Washington assessment of student learning on the superintendent of public instruction's internet world-wide web site.
(2) The reports shall include the assessment results by school and school district, and include changes over time. Results shall be reported in two ways:
(a) The percent of students meeting the standards; and
(b) A learning improvement index that shows changes in student performance within the different levels of student learning reported on the Washington assessment of student learning.
(3) Data regarding the different characteristics of schools, such as poverty levels, percent of English as a second language students, drop-out rates, attendance, percent of students in special education, and student mobility shall also be reported so that districts and schools can learn from the improvement efforts of other schools and districts with similar characteristics.
(4) To protect the privacy of students, the results of schools and districts that test fewer than ten students in a grade level shall not be reported. In addition, in order to ensure that results are reported accurately, the superintendent of public instruction shall maintain the confidentiality of state-wide data files until the superintendent determines that the data are complete and accurate.
(5) The superintendent of public instruction shall monitor the percentage and number of special education and limited English-proficient students exempted from taking the assessments by schools and school districts to ensure the exemptions are in compliance with exemption guidelines.
(((2) This section expires July 1, 2006.))
NEW SECTION. Sec. 302. DISTRICT REPORTS. (1) Each school district board of directors shall:
(a) Annually report to parents and to the community in a public meeting and twice annually report in writing the following information:
(i) District-wide and school-level three-year goals;
(ii) Student performance relative to the goals; and
(iii) District-wide and school-level plans to achieve the reading goal in kindergarten through fourth grade, including curriculum and instruction, parental or guardian involvement, and resources available to parents and guardians to help students meet the reading standard;
(b) Report annually in a news release to the local media the district's progress toward meeting the district-wide and school-level goals; and
(c) Include the school-level goals, student performance relative to the goals, and a summary of school-level plans to achieve the goals in each school's annual school performance report under RCW 28A.320.205. This shall be considered one of the twice-annual written reports required in (a) of this subsection.
(2) Schools and school districts in which ten or fewer students are eligible to be assessed in a grade level are not required to establish or report numerical improvement goals and performance relative to the goals, but are required to report to parents and the community their plans to improve reading achievement in kindergarten through fourth grade as required in subsection (1)(a)(iii) of this section.
Sec. 303. RCW 28A.320.205 and 1993 c 336 s 1006 are each amended to read as follows:
(1) Beginning with the 1994-95 school year, to provide the local community and electorate with access to information on the educational programs in the schools in the district, each school shall publish annually a school performance report and deliver the report to each parent with children enrolled in the school and make the report available to the community served by the school. The annual performance report shall be in a form that can be easily understood and be used by parents, guardians, and other members of the community who are not professional educators to make informed educational decisions. As data from the assessments in RCW 28A.630.885 (as recodified by this act) becomes available, the annual performance report should enable parents, educators, and school board members to determine whether students in the district's schools are attaining mastery of the student learning goals under RCW 28A.150.210, and other important facts about the schools' performance in assisting students to learn. The annual report shall make comparisons to a school's performance in preceding years and shall ((project goals in performance categories)) include school level goals under RCW 28A.630.887 (as recodified by this act), student performance relative to the goals, and information regarding school-level plans to achieve the goals.
(2) The annual performance report shall include, but not be limited to: A brief statement of the mission of the school and the school district; enrollment statistics including student demographics; expenditures per pupil for the school year; a summary of student scores on all mandated tests; a concise annual budget report; student attendance, graduation, and dropout rates; information regarding the use and condition of the school building or buildings; a brief description of ((the restructuring)) learning improvement plans for the school; and an invitation to all parents and citizens to participate in school activities.
(3) The superintendent of public instruction shall develop by June 30, 1994, a model report form, which shall also be adapted for computers, that schools may use to meet the requirements of subsections (1) and (2) of this section.
PART 4
ASSISTANCE FOR SCHOOLS AND DISTRICTS
NEW SECTION. Sec. 401. ACCOUNTABILITY IMPLEMENTATION FUNDS. (1) To the extent funds are appropriated, the office of the superintendent of public instruction annually shall allocate accountability implementation funds to school districts. The purposes of the funds are to provide time for teachers and other certificated instructional staff and classified staff to: Develop and update student learning improvement plans; implement curriculum materials and instructional strategies; provide staff professional development to implement the selected curricula and instruction; develop and implement assessment strategies and training in assessment scoring; and fund other activities intended to improve student learning for all students, including students with diverse needs. Activities funded by the allocations shall be consistent with the school or district improvement plan, designed to improve the ability of teachers and other instructional certificated and classified staff to assist students in meeting the essential academic learning requirements, and designed to achieve state and local accountability goals. Activities funded by the allocations shall be designed to protect the teachers' instructional time with students and minimize the use of substitute teachers.
(2) Schools receiving funds shall develop, update as needed, and keep on file a school student learning improvement plan to achieve the student learning goals and essential academic learning requirements and to implement the assessment system as it is developed. The plan shall describe how the accountability implementation funds will be used to accomplish the requirements of this section. The plan shall be made available to the public and to others upon request.
(3) To the extent funds are appropriated, the state schools for the deaf and blind are eligible to receive allocations under this section.
(4) The superintendent of public instruction may adopt timelines and rules as necessary under chapter 34.05 RCW to administer the program, and require that schools and districts submit reports regarding the use of the funds.
NEW SECTION. Sec. 402. HELPING CORPS. (1) In order to increase the availability and quality of technical assistance state-wide, the superintendent of public instruction, subject to available funding, shall employ regional school improvement coordinators and school improvement specialists to provide assistance to schools and districts. The regional coordinators and specialists shall be hired by and work under the direction of a state-wide school improvement coordinator. The improvement specialists shall serve on a rotating basis from one to three years and shall not be permanent employees of the superintendent of public instruction.
(2) The school improvement coordinators and specialists shall provide the following:
(a) Assistance to schools to disaggregate student performance data and develop improvement plans based on those data;
(b) Consultation with schools and districts concerning their performance on the Washington assessment of student learning and other assessments;
(c) Consultation concerning curricula that aligns with the essential academic learning requirements, the Washington assessment of student learning, and meets the needs of diverse learners;
(d) Assistance in the identification and implementation of research-based instructional practices;
(e) Staff training that emphasizes effective instructional strategies and classroom-based assessment;
(f) Assistance in developing and implementing family and community involvement programs; and
(g) Other assistance to schools and school districts intended to improve student learning.
Sec. 403. RCW 28A.300.130 and 1996 c 273 s 5 are each amended to read as follows:
(1) Expanding activity in educational research, educational restructuring, and educational improvement initiatives has produced and continues to produce much valuable information. The legislature finds that such information should be shared with the citizens and educational community of the state as widely as possible. To facilitate access to information and materials on educational improvement and research, the superintendent of public instruction, to the extent funds are appropriated, shall establish the center for the improvement of student learning. The primary purpose of the center is to provide assistance and advice to parents, school board members, educators, and the public regarding strategies for assisting students in learning the essential academic learning requirements pursuant to RCW
28A.630.885 (as recodified by this act). The center shall work in conjunction with the commission on ((student learning)) academic achievement, educational service districts, ((and)) institutions of higher education, and education, parent, community, and business organizations.
(2) The center, in conjunction with other staff in the office of the superintendent of public instruction, shall:
(a) Serve as a clearinghouse for the completed work and activities of the commission on ((student learning)) academic achievement;
(b) Serve as a clearinghouse for information regarding successful educational ((restructuring)) improvement and parental involvement programs in schools and districts, and information about efforts within institutions of higher education in the state to support educational ((restructuring)) improvement initiatives in Washington schools and districts;
(c) Provide best practices research and advice that can be used to help schools develop and implement: Programs and practices to improve ((reading)) instruction of the essential academic learning requirements under section 501 of this act; systems to analyze student assessment data, with an emphasis on systems that will combine the use of state and local data to monitor the academic progress of each and every student in the school district; ((school)) comprehensive, school-wide improvement plans; school-based shared decision-making models; programs to promote lifelong learning and community involvement in education; school-to-work transition programs; programs to meet the needs of highly capable students; programs and practices to meet the diverse needs of students based on gender, racial, ethnic, economic, and special needs status; research, information, and technology systems; and other programs and practices that will assist educators in helping students learn the essential academic learning requirements;
(d) Develop and distribute, in conjunction with the commission on ((student learning)) academic achievement, parental involvement materials, including instructional guides developed to inform parents of the essential academic learning requirements. The instructional guides also shall contain actions parents may take to assist their children in meeting the requirements, and should focus on reaching parents who have not previously been involved with their children's education;
(e) Identify obstacles to greater parent and community involvement in school shared decision-making processes and recommend strategies for helping parents and community members to participate effectively in school shared decision-making processes, including understanding and respecting the roles of school building administrators and staff;
(f) Develop and maintain an internet web site to increase the availability of information, research, and other materials;
(g) Take other actions to increase public awareness of the importance of parental and community involvement in education;
(((g))) (h) Work with appropriate organizations to inform teachers, district and school administrators, and school directors about the waivers available ((under RCW 28A.305.140)) and the broadened school board powers under RCW 28A.320.015;
(((h))) (i) Provide training and consultation services, including conducting regional summer institutes;
(((i))) (j) Address methods for improving the success rates of certain ethnic and racial student groups; and
(((j))) (k) Perform other functions consistent with the purpose of the center as prescribed in subsection (1) of this section.
(3) The superintendent of public instruction, after consultation with the commission on ((student learning)) academic achievement, shall select and employ a director for the center.
(4) The superintendent may enter into contracts with individuals or organizations including but not limited to: School districts; educational service districts; educational organizations; teachers; higher education faculty; institutions of higher education; state agencies; business or community-based organizations; and other individuals and organizations to accomplish the duties and responsibilities of the center. ((The superintendent shall contract out with community-based organizations to meet the provisions of subsection (2)(d) and (e) of this section.)) In carrying out the duties and responsibilities of the center, the superintendent, whenever possible, shall use practitioners to assist agency staff as well as assist educators and others in schools and districts.
(((5) The superintendent shall report annually to the commission on student learning on the activities of the center.))
PART 5
TRANSFER OF DUTIES AND MATERIALS
NEW SECTION. Sec. 501. SUPERINTENDENT OF PUBLIC INSTRUCTION'S DUTIES FOR STANDARDS AND ASSESSMENTS. (1) The superintendent of public instruction shall identify the knowledge and skills all public school students need to know and be able to do based on the student learning goals in RCW 28A.150.210 to develop student assessments and implement the accountability recommendations of the commission on academic achievement.
(2) The superintendent of public instruction shall periodically revise the essential academic learning requirements, as needed, based on the student learning goals in RCW 28A.150.210. Goals one and two shall be considered primary. To the maximum extent possible, the superintendent shall integrate goal four and the knowledge and skill areas in the other goals in the essential academic learning requirements.
(3) The superintendent of public instruction shall maintain and continue to develop and revise a state-wide academic assessment system for use in the elementary, middle, and high school years designed to determine if each student has mastered the essential academic learning requirements identified in subsection (1) of this section. The academic assessment system shall include a variety of assessment methods, including criterion-referenced and performance-based measures. Performance standards for determining if a student has successfully completed an assessment shall be determined by the superintendent.
(4) The assessment system shall be designed so that the results under the assessment system are used by educators as tools to evaluate instructional practices, and to initiate appropriate educational support for students who have not mastered the essential academic learning requirements at the appropriate periods in the student's educational development.
(5) The assessments in reading, writing, mathematics, and communications are required at the elementary level, beginning with the 1997-98 school year and for middle and secondary levels beginning with the 2000-01 school year. The assessment for middle and high school in science shall be required beginning with the 2000-01 school year. The superintendent shall develop timelines for the remaining assessments in history, civics, geography, arts, health, fitness, and science at the elementary, middle, and high school level, to the extent the legislature has not adopted timelines in statute. However the assessments shall be completed not later than the 2003-04 school year and shall be required in the 2007-08 school year. The assessments shall not be implemented if the legislature takes action to delay or prevent implementation of the assessment system and the essential academic learning requirements.
(6) To the maximum extent possible, the superintendent shall integrate knowledge and skill areas in development of the assessments.
(7) Assessments for goals three and four of RCW 28A.150.210 shall be integrated in the essential academic learning requirements and assessments for goals one and two.
(8) The superintendent shall develop assessments that are directly related to the essential academic learning requirements, and are not biased toward persons with different learning styles, racial or ethnic backgrounds, or on the basis of gender.
(9) The superintendent shall consider methods to address the unique needs of special education students when developing the assessments under this section.
(10) The superintendent shall consider methods to address the unique needs of highly capable students when developing the assessments under this section.
NEW SECTION. Sec. 502. COMMISSION ON STUDENT LEARNING--TRANSFER OF POWERS. (1) Beginning July 1, 1999, the powers, duties, and functions of the commission on student learning are transferred to the commission on academic achievement or to the superintendent of public instruction as appropriate under the transfer of duties made from the commission on student learning to the commission on academic achievement or the superintendent of public instruction under this act. All references to the commission on student learning in the Revised Code of Washington shall be construed to mean the commission on academic achievement when addressing the duties, activities, or functions regarding the accountability system under this act. All references to the commission on student learning in the Revised Code of Washington shall be construed to mean the superintendent of public instruction when addressing the duties, activities, or functions regarding the essential academic learning requirements, the standards, or the assessments addressed under this act.
(2) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the commission on student learning shall be delivered to the custody of the commission on academic achievement or the superintendent of public instruction, as appropriate. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the commission on student learning shall be made available to the commission on academic achievement or the superintendent of public instruction, as appropriate.
(3) The transfer of the powers, duties, functions, and personnel of the commission on student learning shall not affect the validity of any act performed before the effective date of this section.
PART 6
MISCELLANEOUS
NEW SECTION. Sec. 601. CONSOLIDATED PLANNING. The superintendent of public instruction, in consultation with school district personnel, shall consolidate and streamline the planning, application, and reporting requirements for major state and federal categorical and grant programs. The superintendent also shall take actions to increase the use of online electronic applications and reporting.
NEW SECTION. Sec. 602. SLIGS. RCW 28A.300.138 (Student learning improvement grants) and 1994 c 245 s 1 & 1993 c 336 s 301 are each repealed.
NEW SECTION. Sec. 603. REPEALERS. The following acts or parts of acts are each repealed:
(1) 1998 c 225 s 3 (uncodified);
(2) 1995 c 209 s 3 (uncodified); and
(3) 1995 c 209 s 2 & 1992 c 141 s 203 (uncodified).
NEW SECTION. Sec. 604. PART HEADINGS AND SECTION CAPTIONS NOT LAW. Part headings and section captions used in this act are not any part of the law.
NEW SECTION. Sec. 605. NEW ACCOUNTABILITY CHAPTER CREATED. Sections 101 through 104, 302, 401, 402, 501, and 502 of this act constitute a new chapter in Title 28A RCW.
NEW SECTION. Sec. 606. RECODIFICATIONS. RCW 28A.630.887, 28A.630.889, 28A.320.205, 28A.630.885, 28A.630.883, 28A.630.945, 28A.630.950, 28A.630.951, 28A.630.952, 28A.630.953, and 28A.630.954 are each recodified as new sections in the chapter created in section 605 of this act.
NEW SECTION. Sec. 607. EMERGENCY CLAUSE. Sections 101, 502, and 603 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 immediately.
NEW SECTION. Sec. 608. SEVERABILITY CLAUSE. 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."
The President declared the question before the Senate to be the motion by Senator McAuliffe to not adopt the Committee on Education striking amendment to Second Substitute House Bill No. 1462.
The motion by Senator McAuliffe carried and the committee striking amendment was not adopted.
MOTION
Senator McAuliffe moved that the following striking amendment by Senators McAuliffe, Eide and Finkbeiner be adopted:
Strike everything after the enacting clause and insert the following:
"INTENT
NEW SECTION. Sec. 1. INTENT. The legislature finds that the purpose of Washington's accountability system is to improve student learning and student achievement of the essential academic learning requirement standards so that each individual student will be given the opportunity to become a responsible citizen and successfully live, learn, and work in the twenty-first century. To achieve this purpose, the accountability system should be based on continuous improvement at all levels of Washington's education system and on a fundamental principle that all students have access to curriculum and instruction that is aligned to the standards.
The legislature further finds that the accountability system should rely on local responsibility and leadership. Districts and schools should be expected to improve and be evaluated based on their improvement over time. Districts should recognize exceptional progress and work closely with struggling schools. The state should provide technical assistance and expertise where needed.
The legislature further finds that the accountability system must be simple to use and understand. Consequences must be predictable and fair. Differences among students, schools, and districts should be recognized and respected as the system is implemented. There should be a balance of each student's right to privacy and the public's right to know the overall levels of learning and achievement at the school, district, and state levels. In addition, the accountability system should be continuously reviewed and improved as more is learned about how schools operate to meet the learning needs of Washington's students.
PART 1
OVERSIGHT OF THE ACCOUNTABILITY SYSTEM
NEW SECTION. Sec. 101. COMPOSITION OF THE COMMISSION. (1) The Washington commission on academic achievement is hereby established. The primary purpose of the commission is to provide oversight of the accountability system.
(2) The commission shall include one member of the state board of education, the superintendent of public instruction, and seven members appointed by the governor. All appointments shall be made by July 1, 1999. The governor shall appoint a chair from the commission members, and fill any vacancies in gubernatorial appointments that may occur. Gubernatorial and state board appointees shall serve for a term of four years. However, four of the initial seven gubernatorial appointments and the state board appointee shall serve two-year terms. Appointees may be reappointed to serve more than one term. The state board of education shall fill any vacancies of the state board of education appointment that may occur. Of the appointments made by the governor, one shall be from a list of names submitted by the superintendent of public instruction. In making the appointments, educators, business leaders, and parents shall be represented, and nominations from state-wide education, business, and parent organizations shall be requested. Efforts shall be made to ensure that the commission reflects the racial and ethnic diversity of the state's K-12 student population and that the major geographic regions in the state are represented. Appointees shall be qualified individuals who are supportive of educational improvement and accountability, who have a positive record of service, and who will devote sufficient time to the responsibilities of the commission to ensure that the objectives of the commission are achieved.
NEW SECTION. Sec. 102. DUTIES OF THE COMMISSION. (1) For purposes of state-wide accountability, the commission shall:
(a) Establish goals for reading, writing, communications, and mathematics at the appropriate grade level as the commission deems appropriate to improve student learning when assessments in reading, writing, communications, and mathematics are required to be administered state-wide. In setting high school goals, the commission shall consider the percent of students achieving a certificate of mastery and a reduction in dropout rates. The commission may revise the state-wide accountability goals as necessary. The commission shall adopt the goals by rule. Before adopting or revising the rules, the commission shall present the goals to the education committees of the senate and the house of representatives for review and comment;
(b) Develop criteria for deciding when it is appropriate for the commission to make recommendations to the superintendent about assistance and recognition;
(c) Review data and make recommendations to the superintendent of public instruction about school districts requiring school assistance and recognition;
(d) Submit recommendations to the superintendent of public instruction about appropriate assistance and recognition;
(e) Develop recommendations to the legislature about criteria for deciding when it is appropriate for the commission to make recommendations for interventions and recommendations for appropriate types of interventions.
(f) Annually review the reporting system to ensure fairness, accuracy, timeliness, and equity of opportunity, especially with regard to schools with special circumstances and unique populations of students, and recommend to the superintendent of public instruction needed improvements;
(g) Recommend changes to the superintendent and the legislature regarding accountability policy and legislation, as necessary;
(h) Report annually by December 1st to the legislature, the governor, the superintendent of public instruction, and the state board of education on the progress, findings, and recommendations of the commission;
(i) By December 1, 2000, and by December 31st annually thereafter, report to the education committees of the house of representatives and the senate on the progress that has been made in achieving the goals, and on the setting of goals and progress in achieving goals; and
(j) Make recommendations to the legislature and take other actions necessary or desirable to help students meet the student learning goals.
(2) The commission shall coordinate its activities with the state board of education and the office of the superintendent of public instruction.
(3) The commission shall seek advice broadly from the public and all interested educational organizations in the conduct of its work, including holding periodic regional public hearings.
(4) The commission may hire an executive director and staff to perform the duties in support of the activities of the commission. The office of the superintendent of public instruction shall provide administrative oversight and be the fiscal agent for the commission. The commission may direct the office of the superintendent of public instruction to enter into subcontracts, within the commission's resources, with school districts, teachers, higher education faculty, state agencies, business organizations, and other individuals and organizations to assist the commission in its deliberations.
(5) Members of the commission shall be reimbursed for per diem and travel expenses as provided in RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 103. RECOGNITION. (1) The commission on academic achievement annually shall make recommendations to the superintendent of public instruction on school districts and schools that should be recognized based on the results of the Washington assessment of student learning. The commission shall develop the criteria for selecting districts and schools for recognition. Recognition shall be given to schools and school districts that have achieved exceptional growth:
(a) As measured by an increase in the percent of students meeting standards. The level of achievement required for recognition shall be based on the achievement goals established by the legislature and the commission on academic achievement under RCW 28A.630.887 (as recodified by this act);
(b) As measured by an improvement index that measures improvement in all levels of the assessment; and
(c) Despite challenges such as high levels of mobility, poverty, English as a second language learners, and large numbers of students in special populations as measured by either the percent of students meeting the standard, or the improvement index.
(2) When determining the baseline year or years for recognizing individual schools, the commission may use the assessment results from the initial years the assessments were administered, if doing so with individual schools would be appropriate.
NEW SECTION. Sec. 104. INTERVENTION. (1) Improved student learning depends on the initiative of educators, parents, and students in each school, the school's local community, and state support. Schools should take responsibility for their own improvement while also having access to assistance from school districts, educational service districts, and the state.
(2) School districts have primary responsibility for intervening in schools with large numbers of students who are not achieving the essential academic learning requirements. In some cases, school district intervention may not prove successful. Beginning in the 2001-02 school year, continuing levels of low achievement in elementary schools in which there is little or no improvement shall trigger an evaluation by the commission on academic achievement. The purpose of the evaluation is to decide whether to initiate additional state-level assistance. For middle and high schools, the evaluation shall occur three years after assessments are required state-wide. When making recommendations to the superintendent of public instruction regarding additional state-level assistance, the commission on academic achievement shall use multiple sources of information including:
(a) The results of the Washington assessment of student learning;
(b) Student achievement evidence from district or other state assessments;
(c) The level of improvement in student achievement over time;
(d) Student mobility and poverty;
(e) Attendance and dropout rates;
(f) Graduation rates and posthigh school indicators;
(g) Percent of students in special programs; and
(h) Other factors presented by individual districts or schools.
PART 2
ACCOUNTABILITY GOALS
Sec. 201. RCW 28A.630.887 and 1998 c 319 s 101 are each amended to read as follows:
(((1))) By December 15, 1998, each school district board of directors shall:
(((a))) (1) Select the reading standard results on either the 1997 or 1998 fourth grade Washington assessment of student learning as the school district's initial baseline reading standard. Districts may select the 1997 results only if all of the elementary schools with fourth grade students administered the assessment;
(((b))) (2) Establish a three-year, district-wide goal to increase, by the end of the 2000-01 school year, the percentage of students who meet or exceed the reading standard on the fourth grade Washington assessment of student learning. The ((three-year)) 2000-01 percentage increase goal may not be less than the district's total percentage of students who did not meet the baseline reading standard multiplied by twenty-five percent;
(((c))) (3) Specify the annual district-wide percentage improvement increments to meet the ((three-year)) 2000-01 goal; and
(((d))) (4) Direct each elementary school to establish a three-year goal for its fourth grade students, subject to approval by the board. The aggregate of the elementary school goals must meet or exceed the district-wide goals established by the board.
(((2) Each school district board of directors shall:
(a) Report biannually to parents in writing and to the community in a public meeting the following information:
(i) District-wide and school-level three-year goals;
(ii) Student performance relative to the goals; and
(iii) District-wide and school-level plans to achieve the reading goal in kindergarten through fourth grade, including grade-level expectations, curriculum and instruction, parental or guardian involvement, and resources available to parents and guardians to help students meet the reading standard;
(b) Report annually to the superintendent of public instruction and in a news release to the local media the district's progress toward meeting the district-wide and school-level goals; and
(c) Include the reported information in each school's annual school performance report under RCW 28A.320.205.
(3) By December 1, 2000, the superintendent of public instruction shall report to the education committees of the house of representatives and the senate on the progress that has been made in achieving the three-year reading goal, and provide recommendations to the legislature on setting reading goals for the next three years.
(4) This section expires July 1, 2006.))
PART 3
REPORTING RESULTS
Sec. 301. RCW 28A.630.889 and 1998 c 319 s 301 are each amended to read as follows:
(1) By September 10, 1998, and by September 10th each year thereafter, the superintendent of public instruction shall:
(a) Report to the public, schools, school districts, and the legislature on the results of the ((fourth grade)) Washington assessment of student learning; and
(b) Post individual school results of the ((fourth grade)) Washington assessment of student learning on the superintendent of public instruction's internet world-wide web site.
(2) The reports shall include the assessment results by school and school district, and include changes over time. Results shall be reported in two ways:
(a) The percent of students meeting the standards; and
(b) A learning improvement index that shows changes in student performance within the different levels of student learning reported on the Washington assessment of student learning.
(3) Data regarding the different characteristics of schools, such as poverty levels, percent of English as a second language students, drop-out rates, attendance, percent of students in special education, and student mobility shall also be reported so that districts and schools can learn from the improvement efforts of other schools and districts with similar characteristics.
(4) To protect the privacy of students, the results of schools and districts that test fewer than ten students in a grade level shall not be reported. In addition, in order to ensure that results are reported accurately, the superintendent of public instruction shall maintain the confidentiality of state-wide data files until the superintendent determines that the data are complete and accurate.
(5) The superintendent of public instruction shall monitor the percentage and number of special education and limited English-proficient students exempted from taking the assessments by schools and school districts to ensure the exemptions are in compliance with exemption guidelines.
(((2) This section expires July 1, 2006.))
NEW SECTION. Sec. 302. DISTRICT REPORTS. (1) Each school district board of directors shall:
(a) Annually report to parents and to the community in a public meeting and twice annually report in writing the following information:
(i) District-wide and school-level three-year goals;
(ii) Student performance relative to the goals; and
(iii) District-wide and school-level plans to achieve the reading goal in kindergarten through fourth grade, including curriculum and instruction, parental or guardian involvement, and resources available to parents and guardians to help students meet the reading standard;
(b) Report annually in a news release to the local media the district's progress toward meeting the district-wide and school-level goals; and
(c) Include the school-level goals, student performance relative to the goals, and a summary of school-level plans to achieve the goals in each school's annual school performance report under RCW 28A.320.205. This shall be considered one of the twice-annual written reports required in (a) of this subsection.
(2) Schools and school districts in which ten or fewer students are eligible to be assessed in a grade level are not required to establish or report numerical improvement goals and performance relative to the goals, but are required to report to parents and the community their plans to improve reading achievement in kindergarten through fourth grade as required in subsection (1)(a)(iii) of this section.
Sec. 303. RCW 28A.320.205 and 1993 c 336 s 1006 are each amended to read as follows:
(1) Beginning with the 1994-95 school year, to provide the local community and electorate with access to information on the educational programs in the schools in the district, each school shall publish annually a school performance report and deliver the report to each parent with children enrolled in the school and make the report available to the community served by the school. The annual performance report shall be in a form that can be easily understood and be used by parents, guardians, and other members of the community who are not professional educators to make informed educational decisions. As data from the assessments in RCW 28A.630.885 (as recodified by this act) becomes available, the annual performance report should enable parents, educators, and school board members to determine whether students in the district's schools are attaining mastery of the student learning goals under RCW 28A.150.210, and other important facts about the schools' performance in assisting students to learn. The annual report shall make comparisons to a school's performance in preceding years and shall ((project goals in performance categories)) include school level goals under RCW 28A.630.887 (as recodified by this act), student performance relative to the goals, and information regarding school-level plans to achieve the goals.
(2) The annual performance report shall include, but not be limited to: A brief statement of the mission of the school and the school district; enrollment statistics including student demographics; expenditures per pupil for the school year; a summary of student scores on all mandated tests; a concise annual budget report; student attendance, graduation, and dropout rates; information regarding the use and condition of the school building or buildings; a brief description of ((the restructuring)) learning improvement plans for the school; and an invitation to all parents and citizens to participate in school activities.
(3) The superintendent of public instruction shall develop by June 30, 1994, a model report form, which shall also be adapted for computers, that schools may use to meet the requirements of subsections (1) and (2) of this section.
PART 4
ASSISTANCE FOR SCHOOLS AND DISTRICTS
NEW SECTION. Sec. 401. ACCOUNTABILITY IMPLEMENTATION FUNDS. (1) To the extent funds are appropriated, the office of the superintendent of public instruction annually shall allocate accountability implementation funds to school districts. The purposes of the funds are to provide time for teachers and other certificated instructional staff and classified staff to: Develop and update student learning improvement plans; implement curriculum materials and instructional strategies; provide staff professional development to implement the selected curricula and instruction; develop and implement assessment strategies and training in assessment scoring; and fund other activities intended to improve student learning for all students, including students with diverse needs. Activities funded by the allocations shall be consistent with the school or district improvement plan, designed to improve the ability of teachers and other instructional certificated and classified staff to assist students in meeting the essential academic learning requirements, and designed to achieve state and local accountability goals. Activities funded by the allocations shall be designed to protect the teachers' instructional time with students and minimize the use of substitute teachers.
(2) Schools receiving funds shall develop, update as needed, and keep on file a school student learning improvement plan to achieve the student learning goals and essential academic learning requirements and to implement the assessment system as it is developed. The plan shall describe how the accountability implementation funds will be used to accomplish the requirements of this section. The plan shall be made available to the public and to others upon request.
(3) To the extent funds are appropriated, the state schools for the deaf and blind are eligible to receive allocations under this section.
(4) The superintendent of public instruction may adopt timelines and rules as necessary under chapter 34.05 RCW to administer the program, and require that schools and districts submit reports regarding the use of the funds.
NEW SECTION. Sec. 402. HELPING CORPS. (1) In order to increase the availability and quality of technical assistance state-wide, the superintendent of public instruction, subject to available funding, shall employ regional school improvement coordinators and school improvement specialists to provide assistance to schools and districts. The regional coordinators and specialists shall be hired by and work under the direction of a state-wide school improvement coordinator. The improvement specialists shall serve on a rotating basis from one to three years and shall not be permanent employees of the superintendent of public instruction.
(2) The school improvement coordinators and specialists shall provide the following:
(a) Assistance to schools to disaggregate student performance data and develop improvement plans based on those data;
(b) Consultation with schools and districts concerning their performance on the Washington assessment of student learning and other assessments;
(c) Consultation concerning curricula that aligns with the essential academic learning requirements, the Washington assessment of student learning, and meets the needs of diverse learners;
(d) Assistance in the identification and implementation of research-based instructional practices;
(e) Staff training that emphasizes effective instructional strategies and classroom-based assessment;
(f) Assistance in developing and implementing family and community involvement programs; and
(g) Other assistance to schools and school districts intended to improve student learning.
Sec. 403. RCW 28A.300.130 and 1996 c 273 s 5 are each amended to read as follows:
(1) Expanding activity in educational research, educational restructuring, and educational improvement initiatives has produced and continues to produce much valuable information. The legislature finds that such information should be shared with the citizens and educational community of the state as widely as possible. To facilitate access to information and materials on educational improvement and research, the superintendent of public instruction, to the extent funds are appropriated, shall establish the center for the improvement of student learning. The primary purpose of the center is to provide assistance and advice to parents, school board members, educators, and the public regarding strategies for assisting students in learning the essential academic learning requirements pursuant to RCW 28A.630.885 (as recodified by this act). The center shall work in conjunction with the commission on ((student learning)) academic achievement, educational service districts, ((and)) institutions of higher education, and education, parent, community, and business organizations.
(2) The center, in conjunction with other staff in the office of the superintendent of public instruction, shall:
(a) Serve as a clearinghouse for the completed work and activities of the commission on ((student learning)) academic achievement;
(b) Serve as a clearinghouse for information regarding successful educational ((restructuring)) improvement and parental involvement programs in schools and districts, and information about efforts within institutions of higher education in the state to support educational ((restructuring)) improvement initiatives in Washington schools and districts;
(c) Provide best practices research and advice that can be used to help schools develop and implement: Programs and practices to improve ((reading)) instruction of the essential academic learning requirements under section 501 of this act; systems to analyze student assessment data, with an emphasis on systems that will combine the use of state and local data to monitor the academic progress of each and every student in the school district; ((school)) comprehensive, school-wide improvement plans; school-based shared decision-making models; programs to promote lifelong learning and community involvement in education; school-to-work transition programs; programs to meet the needs of highly capable students; programs and practices to meet the diverse needs of students based on gender, racial, ethnic, economic, and special needs status; research, information, and technology systems; and other programs and practices that will assist educators in helping students learn the essential academic learning requirements;
(d) Develop and distribute, in conjunction with the commission on ((student learning)) academic achievement, parental involvement materials, including instructional guides developed to inform parents of the essential academic learning requirements. The instructional guides also shall contain actions parents may take to assist their children in meeting the requirements, and should focus on reaching parents who have not previously been involved with their children's education;
(e) Identify obstacles to greater parent and community involvement in school shared decision-making processes and recommend strategies for helping parents and community members to participate effectively in school shared decision-making processes, including understanding and respecting the roles of school building administrators and staff;
(f) Develop and maintain an internet web site to increase the availability of information, research, and other materials;
(g) Take other actions to increase public awareness of the importance of parental and community involvement in education;
(((g))) (h) Work with appropriate organizations to inform teachers, district and school administrators, and school directors about the waivers available ((under RCW 28A.305.140)) and the broadened school board powers under RCW 28A.320.015;
(((h))) (i) Provide training and consultation services, including conducting regional summer institutes;
(((i))) (j) Address methods for improving the success rates of certain ethnic and racial student groups; and
(((j))) (k) Perform other functions consistent with the purpose of the center as prescribed in subsection (1) of this section.
(3) The superintendent of public instruction, after consultation with the commission on ((student learning)) academic achievement, shall select and employ a director for the center.
(4) The superintendent may enter into contracts with individuals or organizations including but not limited to: School districts; educational service districts; educational organizations; teachers; higher education faculty; institutions of higher education; state agencies; business or community-based organizations; and other individuals and organizations to accomplish the duties and responsibilities of the center. ((The superintendent shall contract out with community-based organizations to meet the provisions of subsection (2)(d) and (e) of this section.)) In carrying out the duties and responsibilities of the center, the superintendent, whenever possible, shall use practitioners to assist agency staff as well as assist educators and others in schools and districts.
(((5) The superintendent shall report annually to the commission on student learning on the activities of the center.))
PART 5
TRANSFER OF DUTIES AND MATERIALS
NEW SECTION. Sec. 501. SUPERINTENDENT OF PUBLIC INSTRUCTION'S DUTIES FOR STANDARDS AND ASSESSMENTS. (1) The superintendent of public instruction shall identify the knowledge and skills all public school students need to know and be able to do based on the student learning goals in RCW 28A.150.210 to develop student assessments and implement the accountability recommendations of the commission on academic achievement.
(2) The superintendent of public instruction shall periodically revise the essential academic learning requirements, as needed, based on the student learning goals in RCW 28A.150.210. Goals one and two shall be considered primary. To the maximum extent possible, the superintendent shall integrate goal four and the knowledge and skill areas in the other goals in the essential academic learning requirements.
(3) The superintendent of public instruction shall maintain and continue to develop and revise a state-wide academic assessment system for use in the elementary, middle, and high school years designed to determine if each student has mastered the essential academic learning requirements identified in subsection (1) of this section. The academic assessment system shall include a variety of assessment methods, including criterion-referenced and performance-based measures. Performance standards for determining if a student has successfully completed an assessment shall be determined by the superintendent.
(4) The assessment system shall be designed so that the results under the assessment system are used by educators as tools to evaluate instructional practices, and to initiate appropriate educational support for students who have not mastered the essential academic learning requirements at the appropriate periods in the student's educational development.
(5) The assessments in reading, writing, mathematics, and communications are required at the elementary level, beginning with the 1997-98 school year and for middle and secondary levels beginning with the 2000-01 school year. The assessment for middle and high school in science shall be required beginning with the 2000-01 school year. The superintendent shall develop timelines for the remaining assessments in history, civics, geography, arts, health, fitness, and science at the elementary, middle, and high school level, to the extent the legislature has not adopted timelines in statute. However the assessments shall be completed not later than the 2003-04 school year and shall be required in the 2007-08 school year. The assessments shall not be implemented if the legislature takes action to delay or prevent implementation of the assessment system and the essential academic learning requirements.
(6) To the maximum extent possible, the superintendent shall integrate knowledge and skill areas in development of the assessments.
(7) Assessments for goals three and four of RCW 28A.150.210 shall be integrated in the essential academic learning requirements and assessments for goals one and two.
(8) The superintendent shall develop assessments that are directly related to the essential academic learning requirements, and are not biased toward persons with different learning styles, racial or ethnic backgrounds, or on the basis of gender.
(9) The superintendent shall consider methods to address the unique needs of special education students when developing the assessments under this section.
(10) The superintendent shall consider methods to address the unique needs of highly capable students when developing the assessments under this section.
NEW SECTION. Sec. 502. COMMISSION ON STUDENT LEARNING--TRANSFER OF POWERS. (1) Beginning July 1, 1999, the powers, duties, and functions of the commission on student learning are transferred to the commission on academic achievement or to the superintendent of public instruction as appropriate under the transfer of duties made from the commission on student learning to the commission on academic achievement or the superintendent of public instruction under this act. All references to the commission on student learning in the Revised Code of Washington shall be construed to mean the commission on academic achievement when addressing the duties, activities, or functions regarding the accountability system under this act. All references to the commission on student learning in the Revised Code of Washington shall be construed to mean the superintendent of public instruction when addressing the duties, activities, or functions regarding the essential academic learning requirements, the standards, or the assessments addressed under this act.
(2) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the commission on student learning shall be delivered to the custody of the commission on academic achievement or the superintendent of public instruction, as appropriate. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the commission on student learning shall be made available to the commission on academic achievement or the superintendent of public instruction, as appropriate.
(3) The transfer of the powers, duties, functions, and personnel of the commission on student learning shall not affect the validity of any act performed before the effective date of this section.
PART 6
MISCELLANEOUS
NEW SECTION. Sec. 601. CONSOLIDATED PLANNING. The superintendent of public instruction, in consultation with school district personnel, shall consolidate and streamline the planning, application, and reporting requirements for major state and federal categorical and grant programs. The superintendent also shall take actions to increase the use of online electronic applications and reporting.
NEW SECTION. Sec. 602. SLIGS. RCW 28A.300.138 (Student learning improvement grants) and 1994 c 245 s 1 & 1993 c 336 s 301 are each repealed.
NEW SECTION. Sec. 603. REPEALERS. The following acts or parts of acts are each repealed:
(1) 1998 c 225 s 3 (uncodified);
(2) 1995 c 209 s 3 (uncodified); and
(3) 1995 c 209 s 2 & 1992 c 141 s 203 (uncodified).
NEW SECTION. Sec. 604. PART HEADINGS AND SECTION CAPTIONS NOT LAW. Part headings and section captions used in this act are not any part of the law.
NEW SECTION. Sec. 605. NEW ACCOUNTABILITY CHAPTER CREATED. Sections 101 through 104, 302, 401, 402, 501, and 502 of this act constitute a new chapter in Title 28A RCW.
NEW SECTION. Sec. 606. RECODIFICATIONS. RCW 28A.630.887, 28A.630.889, 28A.320.205, 28A.630.885, 28A.630.883, 28A.630.945, 28A.630.950, 28A.630.951, 28A.630.952, 28A.630.953, and 28A.630.954 are each recodified as new sections in the chapter created in section 605 of this act.
NEW SECTION. Sec. 607. EMERGENCY CLAUSE. Sections 101, 502, and 603 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 immediately.
NEW SECTION. Sec. 608. SEVERABILITY CLAUSE. 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."
MOTION
Senator Benton moved that the following amendment to the striking amendment by Senators McAuliffe, Eide and Finkbeiner be adopted:
On page 4, after line 37, insert the following:
"RECOGNITION OF STUDENTS IN HONORS AND ADVANCED PLACEMENT CLASSES
"Sec. 104. RCW 28A.305.220 and 1984 c 178 s 1 are each amended to read as follows:
(1) The state board of education shall develop for use by all public school districts a standardized high school transcript. The state board of education shall establish clear definitions for the terms "credits" and "hours" so that school programs operating on the quarter, semester, or trimester system can be compared.
(2) When determining standardized grade points under subsection (1) of this section, the state board of education shall adopt a weighting system for grades earned in honors and advanced placement classes to provide recognition for students participating in those classes.
(3) Transcripts are important documents to students who will apply for admission to postsecondary institutions of higher education. Transcripts are also important to students who will seek employment upon or prior to graduation from high school. It is recognized that student transcripts may be the only record available to employers in their decision-making processes regarding prospective employees. The superintendent of public instruction shall require school districts to inform annually all high school students that prospective employers may request to see transcripts and that the prospective employee's decision to release transcripts can be an important part of the process of applying for employment."
Renumber the remaining sections consecutively and correct any internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Benton on page 4, after line 37, to the striking amendment by Senators McAuliffe, Eide and Finkbeiner to Second Substitute House Bill No. 1462.
The motion by Senator Benton failed and the amendment to the striking amendment was not adopted.
MOTION
Senator Johnson moved that the following amendments by Senators Johnson, McDonald and Finkbeiner to the striking amendment by Senators McAuliffe, Eide and Finkbeiner be considered simultaneously and be adopted:
On page 5, after line 28, insert the following:
"NEW SECTION. Sec. 105. A new section is added to chapter 41.06 RCW to read as follows:If an elementary school does not meet or exceed the goals set in section 201(4) of this act, upon the request of the student's parent or guardian the school district must transfer the student to a successful public school within the district which has meet such goals. If the school district fails to transfer the student, the student shall be granted an opportunity scholarship. The amount of the opportunity scholarship shall be $4,000 for tuition at an approved private school, which the student or the student's parent or guardian has chosen to redeem the scholarship. The only acceptable use of the opportunity scholarship funds is application towards the cost of tuition at an approved private school. A single scholarship cannot extend beyond one school year. However, students may apply for a scholarship in consecutive school years. The superintendent of public instruction shall adopt rules under chapter 34.50 RCW to implement this act."
On page 16, line 19, after "through", strike "104" and insert "105".
Renumber the sections consecutively and correct any internal references accordingly.
Debate ensued.
POINT OF INQUIRY
Senator Winsley: “Senator Johnson, on line nine, it says, 'meet such goals.' Do you mean, 'which has met such goals?'”
Senator Johnson: “Do you see two 'e's' in there? Well, strike one.”
Further debate ensued.
Senator Johnson demanded a roll call and the demand was sustained.
POINT OF ORDER
Senator Goings: “A point of order, Mr. President. I rise to suggest that the amendments by Senators Johnson, McDonald and Finkbeiner change the scope and object of the underlying bill.”
REPLY BY THE PRESIDENT
President Owen: “I'm sorry, Senator Goings, but it appears that we are in the process of a vote and you cannot interrupt a vote.”
The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senators Johnson, McDonald and Finkbeiner on page 5, after line 28, and page 16, line 19, to the striking amendment by Senators McAuliffe, Eide and Finkbeiner to Second Substitute House Bill No. 1462.
ROLL CALL
The Secretary called the roll and the amendments to the striking amendment were not adopted by the following vote:
Yeas, 22; Nays, 27; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sellar, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 22.
Voting nay: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 27.
MOTION
Senator Hochstatter moved that the following amendment to the striking amendment by Senators McAuliffe, Eide and Finkbeiner be adopted:On page 13, after line 21, insert the following:
"NEW SECTION. Sec. 404. A new section is added to chapter 41.06 RCW to read as follows:If a work stoppage of two or fewer days occurs within any public school, the school days may not be rescheduled. The school district shall be exempt from the one hundred eighty day minimum annual school term required by RCW 28A.150.220, and the school district's budget shall be adjusted accordingly."
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 Hochstatter on page 13, after line 21, to the striking amendment by Senators McAuliffe, Eide and Finkbeiner to Second Substitute House Bill No. 1462.
The motion by Senator Hochstatter failed and the amendment to the striking amendment was not adopted.
MOTION
Senator Tim Sheldon moved that the following amendment to the striking amendment by Senators McAuliffe, Eide and Finkbeiner be adopted:
On page 13, after line 25 of the amendment, insert the following:
"Sec. 501. RCW 28A.400.300 and 1997 c 13 s 10 are each amended to read as follows:
Every board of directors, unless otherwise specially provided by law, shall:
(1) Employ for not more than one year, and for sufficient cause discharge all certificated and classified employees;
(2) Adopt written policies granting leaves to persons under contracts of employment with the school district(s) in positions requiring either certification or classified qualifications, including but not limited to leaves for attendance at official or private institutes and conferences and sabbatical leaves for employees in positions requiring certification qualification, and leaves for illness, injury, bereavement and, emergencies for both certificated and classified employees, and with such compensation as the board of directors prescribe: PROVIDED, That the board of directors shall adopt written policies granting to such persons annual leave with compensation for illness, injury and emergencies as follows:
(a) For such persons under contract with the school district for a full year, at least ten days;
(b) For such persons under contract with the school district as part time employees, at least that portion of ten days as the total number of days contracted for bears to one hundred eighty days;
(c) For certificated and classified employees, annual leave with compensation for illness, injury, and emergencies shall be granted and accrue at a rate not to exceed twelve days per year; provisions of any contract in force on June 12, 1980, which conflict with requirements of this subsection shall continue in effect until contract expiration; after expiration, any new contract executed between the parties shall be consistent with this subsection;
(d) Compensation for leave for illness or injury actually taken shall be the same as the compensation such person would have received had such person not taken the leave provided in this proviso;
(e) Leave provided in this proviso not taken shall accumulate from year to year up to a maximum of one hundred eighty days for the purposes of RCW 28A.400.210 and 28A.400.220, and for leave purposes up to a maximum of the number of contract days agreed to in a given contract, but not greater than one year. Such accumulated time may be taken at any time during the school year or up to twelve days per year may be used for the purpose of payments for unused sick leave((.));
(f) Sick leave heretofore accumulated under section 1, chapter 195, Laws of 1959 (former RCW 28.58.430) and sick leave accumulated under administrative practice of school districts prior to the effective date of section 1, chapter 195, Laws of 1959 (former RCW 28.58.430) is hereby declared valid, and shall be added to leave for illness or injury accumulated under this proviso;
(g) Any leave for injury or illness accumulated up to a maximum of forty-five days shall be creditable as service rendered for the purpose of determining the time at which an employee is eligible to retire, if such leave is taken it may not be compensated under the provisions of RCW 28A.400.210 and 28A.310.490;
(h) Accumulated leave under this proviso shall be transferred to and from one district to another, the office of superintendent of public instruction and offices of educational service district superintendents and boards, to and from such districts and such offices;
(i) Leave accumulated by a person in a district prior to leaving said district may, under rules and regulations of the board, be granted to such person when the person returns to the employment of the district; and
(j) For sick leave the board of directors may require a signed statement from a licensed health care provider that any absence was due to illness or injury. If an employee uses sick leave to engage in a strike or work stoppage, the employee may not receive sick leave benefits during the time the employee engages in the strike or work stoppage.
When any certificated or classified employee leaves one school district within the state and commences employment with another school district within the state, the employee shall retain the same seniority, leave benefits and other benefits that the employee had in his or her previous position: PROVIDED, That classified employees who transfer between districts after July 28, 1985, shall not retain any seniority rights other than longevity when leaving one school district and beginning employment with another. If the school district to which the person transfers has a different system for computing seniority, leave benefits, and other benefits, then the employee shall be granted the same seniority, leave benefits and other benefits as a person in that district who has similar occupational status and total years of service."
Renumber the remaining sections consecutively and correct any internal references accordingly.
POINT OF ORDER
Senator McAuliffe: “A point of order, Mr. President. I raise the question of the scope and object of this amendment by Senator Tim Sheldon. The original bill establishes a commission on accountability for education reform and restructuring. That commission is an oversight commission to improve student learning in the state of Washington. It has oversight ability and it may set goals. The amendment by Senator Tim Sheldon expands the scope of this bill into teacher's salaries and I contend that that expands the scope.”
Debate ensued.
MOTION
On motion of Senator Betti Sheldon, further consideration of Second Substitute House Bill No. 1462 was deferred.
MOTION
On motion of Senator Betti Sheldon, the Senate returned to the fourth order of business.
MESSAGE FROM THE HOUSE
April 9, 1999
MR. PRESIDENT:
The House has passed SENATE BILL NO. 5734 with the following amendment(s):
On page 3, beginning on line 4, strike everything through line 7, and insert the following:
“The legislature declares that the sixteenth day of April shall be recognized as Mother Joseph day and the fourth day of September as Marcus Whitman day, but neither shall be considered legal holidays for any purpose.”, and the same are herewith transmitted.
Dean R. Foster, Co-Chief Clerk
Timothy A. Martin, Co-Chief Clerk
MOTION
Senator Bauer moved that the Senate concur in the House amendment to Senate Bill No. 5734.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Bauer to concur in the House amendment to Senate Bill No. 5734.
The motion by Senator Bauer carried and the Senate concurred in the House amendment to Senate Bill No. 5734.
MOTION
On motion of Senator Betti Sheldon, Senator Brown was excused.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5734, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5734, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48. Excused: Senator Brown - 1. SENATE BILL NO. 5734, 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.
MOTION
At 5:39 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 9:00 a.m., Tuesday, April 13, 1999.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate