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NINETY-THIRD DAY
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MORNING SESSION
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Senate Chamber, Olympia, Tuesday, April 13, 1999
The Senate was called to order at 9:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Brown, Costa, Finkbeiner, Gardner, Long, Sellar, Tim Sheldon and Thibaudeau. On motion of Senator Franklin, Senators Brown, Costa and Thibaudeau were excused. On motion of Senator Deccio, Senator Sellar was excused. On motion of Senator Honeyford, Senator Long was excused.
The Sergeant at Arms Color Guard consisting of Pages Amanda Weber and Noah Black, presented the Colors. Chaplain Luann McBride, from the Providence Sound 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.
REPORTS OF STANDING COMMITTEES
April 12, 1999
SHB 1165 Prime Sponsor, House Committee on Capital Budget: Making appropriations and authorizing expenditures for capital improvements. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass as amended. Signed by Senators Loveland, Chair; Bauer, Vice Chair; Brown, Vice Chair; Fairley, Fraser, Honeyford, Kohl-Welles, Long, McDonald, Rasmussen, Roach, Rossi, B. Sheldon, Snyder, Spanel, West, Winsley, Wojahn and Zarelli.
April 12, 1999
SHB 1166 Prime Sponsor, House Committee on Capital Budget: Issuing general obligation bonds. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators Loveland, Chair; Bauer, Vice Chair; Brown, Vice Chair; Fairley, Fraser, Honeyford, Kline, Kohl-Welles, Long, McDonald, Rasmussen, Rossi, B. Sheldon, Snyder, Spanel, Thibaudeau, West, Winsley and Wojahn.
April 12, 1999
ESHB 1991 Prime Sponsor, House Committee on Capital Budget: Consolidating statutes that authorize the board of regents of the University of Washington to control university property. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass as amended. Signed by Senators Loveland, Chair; Bauer, Vice Chair; Brown, Vice Chair; Fairley, Fraser, Honeyford, Kline, Kohl-Welles, Long, McDonald, Rasmussen, Rossi, B. Sheldon, Snyder, Spanel, West, Winsley, Wojahn and Zarelli.
MOTION
On motion of Senator Betti Sheldon, the rules were suspended and Substitute House Bill No. 1165, Substitute House Bill No. 1166, and Engrossed Substitute House Bill No. 1991 were advanced to second reading and placed on the second reading calendar.
INTRODUCTION AND FIRST READING
SB 6096 by Senators Patterson, Hale, Snyder, Haugen and Rasmussen (by request of Governor Locke)
AN ACT Relating to the department of community, trade, and economic development; amending RCW 43.330.020, 43.63A.021, 43.330.040, 43.330.050, 43.330.070, 43.330.125, 43.330.135, 43.63A.066, 43.63A.115, 43.63A.125, 43.63A.155, 43.63A.245, 43.63A.247, 43.63A.260, 43.63A.275, 43.63A.400, 43.63A.410, 43.63A.440, 43.63A.460, 43.63A.600, 43.330.152, 43.330.155, 43.330.156, 43.330.904, 43.63A.230, 43.330.065, 43.330.080, 43.31.057, 43.31.093, 43.31.205, 43.31.409, 43.31.422, 43.31.504, 43.31.522, 43.31.524, 43.31.641, 43.31.830, 43.31.840, 43.31.855, 43.31.857, 43.31.960, 43.17.065, 19.02.050, 24.46.010, 28B.20.283, 28B.20.289, 28B.20.293, 28B.30.537, 28B.50.262, 28B.65.040, 28B.65.050, 28B.65.060, 28B.109.020, 28C.04.440, 28C.04.460, 28C.18.060, 36.01.120, 36.110.030, 43.07.360, 43.21A.510, 43.21A.515, 43.21A.612, 43.23.035, 43.160.020, 43.160.115, 43.160.180, 43.163.020, 43.163.120, 43.168.020, 43.168.031, 43.170.020, 43.172.011, 43.210.030, 43.210.050, 43.210.060, 43.330.092, 43.330.094, 50.67.030, 50.72.030, 70.95.265, 70.95.810, 70.95H.007, 70.95H.050, 76.09.030, 76.56.020, 77.12.710, 81.80.450, 88.12.275, 41.06.070, 41.06.072, 43.06.115, 43.17.020, 43.160.030, 43.163.060, 47.39.090, 47.76.230, 50.38.030, and 80.50.030; reenacting and amending RCW 43.17.010; adding new sections to chapter 43.330 RCW; adding new sections to chapter 43.31 RCW; creating new sections; recodifying RCW 43.31.855, 43.31.857, 43.63A.021, 43.63A.066, 43.63A.067, 43.63A.105, 43.63A.115, 43.63A.125, 43.63A.150, 43.63A.155, 43.63A.190, 43.63A.215, 43.63A.240, 43.63A.245, 43.63A.247, 43.63A.249, 43.63A.260, 43.63A.265, 43.63A.270, 43.63A.275, 43.63A.400, 43.63A.410, 43.63A.420, 43.63A.440, 43.63A.460, 43.63A.465, 43.63A.4651, 43.63A.470, 43.63A.475, 43.63A.480, 43.63A.485, 43.63A.490, 43.63A.500, 43.63A.510, 43.63A.550, 43.63A.600, 43.63A.610, 43.63A.620, 43.63A.630, 43.63A.640, 43.63A.650, 43.63A.660, 43.63A.670, 43.63A.680, 43.63A.720, 43.63A.725, 43.63A.730, 43.63A.735, 43.63A.740, 43.63A.900, 43.63A.901, 43.63A.902, 43.63A.903, 43.330.145, 43.330.152, 43.330.155, 43.330.156, 43.63A.075, 43.63A.230, 43.63A.700, 43.63A.710, 43.63A.715, 43.330.060, 43.330.065, 43.330.080, 43.330.090, 43.330.092, 43.330.094, 43.330.095, 43.330.096, 43.63A.690, and 43.330.904; repealing RCW 43.330.005, 43.330.007, 43.330.010, 43.330.900, and 43.31.800; providing an effective date; providing expiration dates; and declaring an emergency.
Referred to Committee on State and Local Government.
MOTION
On motion of Senator Prentice, Gubernatorial Appointment No. 9143, Patrick H. Lepley, as a member of the Horse Racing Commission, was confirmed.
Senators Prentice and Roach spoke to the confirmation of Patrick H. Lepley as a member of the Horse Racing Commission.
APPOINTMENT OF PATRICK H. LEPLEY
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 3; Excuse, 5.
Voting yea: Senators Bauer, Benton, Deccio, Eide, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 41.
Absent: Senators Finkbeiner, Gardner, and Sheldon T. - 3.
Excused: Senators Brown, Costa, Long, Sellar and Thibaudeau - 5.
MOTION
On motion of Senator Franklin, Senator Loveland was excused.
MOTION
On motion of Senator Jacobsen, Gubernatorial Appointment No. 9050, Roger Yockey, as a member of the Board of Trustees for Cascadia Community College District No. 30, was confirmed.
APPOINTMENT OF ROGER YOCKEY
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 2; Excused, 4.
Voting yea: Senators Bauer, Benton, Brown, Deccio, Eide, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 43.
Absent: Senators Finkbeiner and Gardner - 2.
Excused: Senators Costa, Long, Loveland and Sellar - 4.
MOTION
On motion of Senator West, Senator Finkbeiner was excused.
MOTION
On motion of Senator Franklin, Senators Gardner and Prentice were excused.
MOTION
On motion of Senator Kohl-Welles, Gubernatorial Appointment No. 9083, Cyrus R. Vance, Jr., as a member of the Sentencing Guidelines Commission, was confirmed.
APPOINTMENT OF CYRUS R. VANCE, JR.
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Bauer, Benton, Brown, Deccio, Eide, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 42.
Excused: Senators Costa, Finkbeiner, Gardner, Long, Loveland, Prentice and Sellar - 7.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1113, by House Committee on Health Care (originally sponsored by Representatives Campbell, Cody and Boldt)
Revising provisions relating to occupational therapy.
The bill was read the second time.
MOTION
On motion of Senator Thibaudeau, the rules were suspended, Substitute House Bill No. 1113 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. 1113.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1113 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Bauer, Benton, Brown, Deccio, Eide, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 43.
Excused: Senators Costa, Finkbeiner, Gardner, Long, Loveland and Prentice - 6.
SUBSTITUTE HOUSE BILL NO. 1113, 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 intense negotiations on the Transportation Budget, in the wings of the Senate, I missed the roll call on Engrossed Substitute House Bill No. 1514. I would have voted 'yes.'
SENATOR DON BENTON, Seventeenth District
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1514, by House Committee on Judiciary (originally sponsored by Representatives Kastama and Wolfe)
Changing provisions relating to modification of a parenting plan or custody order.
The bill was read the second time.
MOTION
On motion of Senator Heavey, the following Committee on Judiciary striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 26.09.260 and 1991 c 367 s 9 are each amended to read as follows:
(1) Except as otherwise provided in subsections (4), (5), (7), and (9) of this section, the court shall not modify a prior custody decree or a parenting plan unless it finds, upon the basis of facts that have arisen since the prior decree or plan or that were unknown to the court at the time of the prior decree or plan, that a substantial change has occurred in the circumstances of the child or the nonmoving party and that the modification is in the best interest of the child and is necessary to serve the best interests of the child.
(2) In applying these standards, the court shall retain the residential schedule established by the decree or parenting plan unless:
(a) The parents agree to the modification;
(b) The child has been integrated into the family of the petitioner with the consent of the other parent in substantial deviation from the parenting plan;
(c) The child's present environment is detrimental to the child's physical, mental, or emotional health and the harm likely to be caused by a change of environment is outweighed by the advantage of a change to the child; or
(d) The court has found the nonmoving parent in contempt of court at least twice within three years because the parent failed to comply with the residential time provisions in the court-ordered parenting plan, or the parent has been convicted of custodial interference in the first or second degree under RCW 9A.40.060 or 9A.40.070.
(3) A conviction of custodial interference in the first or second degree under RCW 9A.40.060 or 9A.40.070 shall constitute a substantial change of circumstances for the purposes of this section.
(4) The court may reduce or restrict contact between the nonprimary residential parent and a child if it finds that the reduction or restriction would serve and protect the best interests of the child using the criteria in RCW 26.09.191.
(5) The court may order adjustments to the residential aspects of a parenting plan upon a showing of a substantial change in circumstances of either parent or of the child, and without consideration of the factors set forth in subsection (2) of this section, if the proposed modification is only a((:
(a) Modification in the dispute resolution process; or
(b) Minor modification in the residential schedule that:
(i) Does not change the residence the child is scheduled to reside in the majority of the time; and
(ii) Does not exceed twenty-four full days in a calendar year or five full days in a calendar month; or
(iii) Is based on a change of residence or an involuntary change in work schedule by a parent which makes the residential schedule in the parenting plan impractical to follow)) minor modification in the residential schedule that does not change the residence the child is scheduled to reside in the majority of the time and:
(a) Does not exceed twenty-four full days in a calendar year; or
(b) Is based on a change of residence or an involuntary change in work schedule by a parent which makes the residential schedule in the parenting plan impractical to follow; or
(c) Does not result in a schedule that exceeds ninety overnights per year in total, if the court finds that the decree of dissolution or parenting plan does not provide reasonable time with the nonprimary residential parent at the time the petition for modification is filed, and further, the court finds that it is in the best interests of the child to increase residential time with the nonprimary residential parent in excess of the residential time period in (a) of this subsection. However, any motion under this subsection (5)(c) is subject to the factors established in subsection (2) of this section if the party bringing the motion has previously been granted a modification under this same subsection within twenty-four months of the current motion. Relief granted under this section shall not be the sole basis for adjusting or modifying child support.
(6) A nonprimary residential parent whose residential time with the child is subject to limitations pursuant to RCW 26.09.191 (2) or (3) may not seek expansion of residential time under subsection (5)(c) of this section unless that parent demonstrates a substantial change in circumstances specifically related to the basis for the limitation.
(7) If a nonprimary residential parent voluntarily fails to exercise residential time for an extended period, that is, one year or longer, the court upon proper motion may make adjustments to the parenting plan in keeping with the best interests of the minor child.
(8) A nonprimary parent who is required by the existing parenting plan to complete evaluations, treatment, parenting, or other classes may not seek expansion of residential time under subsection (5)(c) of this section unless that parent has fully complied with such requirements.
(9) The court may order adjustments to any of the nonresidential aspects of a parenting plan upon a showing of a substantial change of circumstances of either parent or of a child, and the adjustment is in the best interest of the child. Adjustments ordered under this section may be made without consideration of the factors set forth in subsection (2) of this section.
(((5))) (10) If the court finds that a motion to modify a prior decree or parenting plan has been brought in bad faith, the court shall assess the attorney's fees and court costs of the nonmoving parent against the moving party."
MOTIONS
On motion of Senator Heavey, the following title amendment was adopted:
On page 1, line 2 of the title, after "decree;" strike the remainder of the title and insert "and amending RCW 26.09.260."
On motion of Senator Heavey, the rules were suspended, Engrossed Substitute House Bill No. 1514, 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. 1514, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1514, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 2; Absent, 1; Excused, 4.
Voting yea: Senators Bauer, Deccio, Eide, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, 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 - 42.
Voting nay: Senators Brown and Fairley - 2.
Absent: Senator Benton - 1.
Excused: Senators Costa, Gardner, Long and Loveland - 4.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1514, 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 HOUSE BILL NO. 1067, by Representatives O'Brien and Ballasiotes
Amending statutory double jeopardy provisions.
The bill was read the second time.
MOTION
On motion of Senator Heavey, the rules were suspended, Engrossed House Bill No. 1067 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. 1067.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1067 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, 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, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 46.
Voting nay: Senator Zarelli - 1.
Excused: Senators Gardner and Loveland - 2.
ENGROSSED HOUSE BILL NO. 1067, 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. 1222, by House Committee on Capital Budget (originally sponsored by Representatives Ogden, Mitchell, Lantz, Murray, Constantine, Hankins and O'Brien)
Creating a competitive grant program to assist nonprofit organizations with capital projects.
The bill was read the second time.
MOTION
Senator Bauer moved that the following Committee on Ways and Means striking amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 43.63A RCW to read as follows:
(1) A competitive grant program to assist nonprofit organizations in acquiring, constructing, or rehabilitating performing arts, art museums, and cultural facilities is created.
(2)(a) The department shall submit a list of recommended performing arts, art museum projects, and cultural organization projects eligible for funding to the governor and the legislature in the department's biennial capital budget request beginning with the 2001-2003 biennium and thereafter. The list, in priority order, shall include a description of each project, the amount of recommended state funding, and documentation of nonstate funds to be used for the project. The total amount of recommended state funding for projects on a biennial project list shall not exceed four million dollars. The department may provide an additional alternate project list which shall not exceed five hundred thousand dollars.
(b) The department shall establish a competitive process to prioritize applications for state assistance as follows:
(i) The department shall conduct a state-wide solicitation of project applications from nonprofit organizations, local governments, and other entities, as determined by the department. The department shall evaluate and rank applications in consultation with a citizen advisory committee, including a representative from the state arts commission, using objective criteria. The evaluation and ranking process shall also consider local community support for projects and an examination of existing assets that applicants may apply to projects.
(ii) The department may establish the amount of state grant assistance for individual project applications but the amount shall not exceed twenty percent of the estimated total capital cost or actual cost of a project, whichever is less. The remaining portions of the project capital cost shall be a match from nonstate sources. The nonstate match may include cash, the value of real property when acquired solely for the purpose of the project, and in-kind contributions. The department is authorized to set matching requirements for individual projects. State assistance may be used to fund separate definable phases of a project if the project demonstrates adequate progress and has secured the necessary match funding.
(iii) The department shall not sign contracts or otherwise financially obligate funds under this section until the legislature has approved a specific list of projects. In contracts for grants authorized under this section, the department shall include provisions requiring that capital improvements be held by the grantee for a specified period of time appropriate to the amount of the grant and that facilities be used for the express purpose of the grant. If the grantee is found to be out of compliance with provisions of the contract, the grantee shall repay to the state general fund the principal amount of the grant plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the date of authorization of the grant.
Sec. 2. RCW 27.34.330 and 1995 c 182 s 2 are each amended to read as follows:
The Washington state historical society shall establish a competitive process to solicit proposals for and prioritize heritage capital projects for potential funding in the state capital budget. The society shall adopt rules governing project eligibility and evaluation criteria. Application for funding of specific projects may be made to the society by local governments, public development authorities, nonprofit corporations, tribal governments, and other entities, as determined by the society. The society, with the advice of leaders in the heritage field, including but not limited to representatives from the office of the secretary of state, the eastern Washington state historical society, and the state office of archaeology and historic preservation, shall establish and submit a prioritized list of heritage capital projects to ((be recommended to the governor and the legislature by September 1st of each even-numbered year, beginning in 1996. The prioritized list shall be developed through open and public meetings. The governor and the legislature shall consider the prioritized list of heritage projects as a guide for appropriating funds to heritage capital projects beginning with the 1997-99 biennium and thereafter)) the governor and the legislature in the society's biennial capital budget request. The list shall include a description of each project, the amount of recommended state funding, and documentation of nonstate funds to be used for the project. The total amount of recommended state funding for projects on a biennial project list shall not exceed four million dollars. The department may provide an additional alternate project list which shall not exceed five hundred thousand dollars. The prioritized list shall be developed through open and public meetings and the amount of state funding shall not exceed thirty-three percent of the total cost of the project. The nonstate portion of the total project cost may include cash, the value of real property when acquired solely for the purpose of the project, and in-kind contributions. The department shall not sign contracts or otherwise financially obligate funds under this section until the legislature has approved a specific list of projects. In contracts for grants authorized under this section, the society shall include provisions requiring that capital improvements be held by the grantee for a specified period of time appropriate to the amount of the grant and that facilities be used for the express purpose of the grant. If the grantee is found to be out of compliance with provisions of the contract, the grantee shall repay to the state general fund the principal amount of the grant plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the date of authorization of the grant.
Sec. 3. RCW 43.63A.125 and 1997 c 374 s 2 are each amended to read as follows:
((If the legislature provides an appropriation to)) (1) The department shall establish a competitive process to solicit proposals for and prioritize projects that assist nonprofit organizations in acquiring, constructing, or rehabilitating facilities used for the delivery of nonresidential social services((, the legislature may direct the department of community, trade, and economic development to)).
(2) The department shall establish a competitive process to prioritize applications for the assistance as follows:
(((1))) (a) The department shall conduct a state-wide solicitation of project applications from local governments, nonprofit organizations, and other entities, as determined by the department. The department shall evaluate and rank applications in consultation with a citizen advisory committee using objective criteria. At a minimum, applicants must demonstrate that the requested assistance will increase the efficiency or quality of the social services it provides to citizens. The evaluation and ranking process shall also include an examination of existing assets that applicants may apply to projects. Grant assistance under this section shall not exceed twenty-five percent of the total cost of the project. The nonstate portion of the total project cost may include((, but is not limited to, land, facilities)) cash, the value of real property when acquired solely for the purpose of the project, and in-kind contributions.
(((2))) (b) The department shall submit a prioritized list of recommended projects to the ((legislature by November 1st following the effective date of the appropriation)) governor and the legislature in the department's biennial capital budget request beginning with the 2001-2003 biennium and thereafter. For the 1999-2001 biennium, the department shall conduct a solicitation and ranking process, as described in (a) of this subsection, for projects to be funded by appropriations provided for this program in the 1999-2001 capital budget. The list shall include a description of each project, the amount of recommended state funding, and documentation of nonstate funds to be used for the project. The total amount of recommended state funding for projects on a biennial project list shall not exceed four million dollars. The department may provide an additional alternate project list which shall not exceed five hundred thousand dollars. The department shall not sign contracts or otherwise financially obligate funds under this section until the legislature has approved a specific list of projects.
(((3))) (c) In contracts for grants authorized under this section the department shall include provisions which require that capital improvements shall be held by the grantee for a specified period of time appropriate to the amount of the grant and that facilities shall be used for the express purpose of the grant. If the grantee is found to be out of compliance with provisions of the contract, the grantee shall repay to the state general fund the principal amount of the grant plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the date of authorization of the grant.
(((4) The department shall develop model contract provisions for compliance with subsection (3) of this section and shall distribute its recommendations to the appropriate legislative committees, the office of financial management, and to all state agencies which provide capital grants to nonstate entities.))
NEW SECTION. Sec. 4. Section 1 of this act, RCW 27.34.330, and 43.63A.125 shall expire June 30, 2007."
MOTION
On motion of Senator Brown, the following amendment to the Committee on Ways and Means striking amendment was adopted on a rising vote:
On page 5, after line 7 of the committee amendment, insert the following:
"Sec. 5. RCW 80.36.005 and 1993 c 249 s 1 are each amended to read as follows:
((As used in this chapter)) The definitions in this section apply throughout RCW 80.36.410 through 80.36.475, unless the context ((indicates)) clearly requires otherwise((,)).
(1) "Community action agency" means local community action agencies or local community service agencies designated by the department of community, trade, and economic development under chapter 43.63A RCW.
(2) "Community service voice mail" means a computerized telephone answering service with the capabilities described in RCW 80.36.420(4).
(3) "Department" means the department of social and health services.
Sec. 6. RCW 80.36.410 and 1987 c 229 s 3 are each amended to read as follows:
(1) The legislature finds that universal telephone service is an important policy goal of the state. The legislature further finds that: (a) Recent changes in the telecommunications industry, such as federal access charges, raise concerns about the ability of low-income persons to continue to afford access to local exchange telephone service; and (b) many low-income persons do not have a permanent residence in which to receive local exchange telephone service.
(2) Therefore, the legislature finds that: (a) It is in the public interest to take steps to mitigate the effects of these changes on low-income persons; and (b) advances in telecommunications technologies, such as community service voice mail, provide new and economically efficient ways to secure many of the benefits of universal service to low-income persons who are not customers of local exchange telephone service.
Sec. 7. RCW 80.36.420 and 1990 c 170 s 2 are each amended to read as follows:
The Washington telephone assistance program shall be available to ((participants)) eligible clients of department programs ((set forth in RCW 80.36.470)) and community action agency services, except that clients of community action agency services shall be eligible only for the community service voice mail described in subsection (4) of this section. Assistance shall consist of the following components:
(1) A discount on service connection fees of fifty percent or more as set forth in RCW 80.36.460.
(2) A waiver of deposit requirements on local exchange service, as set forth in RCW 80.36.460.
(3) A discounted flat rate service for local exchange service, which shall be subject to the following conditions:
(a) The commission shall establish a single telephone assistance rate for all local exchange companies operating in the state of Washington. The telephone assistance rate shall include any federal end user access charges and any other charges necessary to obtain local exchange service.
(b) The commission shall, in establishing the telephone assistance rate, consider all charges for local exchange service, including federal end user access charges, mileage charges, extended area service, and any other charges necessary to obtain local exchange service.
(c) The telephone assistance rate shall only be available to eligible customers subscribing to the lowest available local exchange flat rate service, where the lowest local exchange flat rate, including any federal end user access charges and any other charges necessary to obtain local exchange service, is greater than the telephone assistance rate. Low-income senior citizens sixty years of age and older and other low-income persons identified by the department as medically needy shall, where single-party service is available, be provided with single-party service as the lowest available local exchange flat rate service.
(d) The cost of providing the service shall be paid, to the maximum extent possible, by a waiver of all or part of the federal end user access charge and, to the extent necessary, from the telephone assistance fund created by RCW 80.36.430.
(4) A community service voice mailbox that provides recipients with: (a) An individually assigned telephone number; (b) the ability to record a personal greeting; and (c) a secure private security code to retrieve messages. The community service voice mailbox may also include a toll-free line through which recipients can access their community service voice mailboxes at no charge.
Sec. 8. RCW 80.36.430 and 1990 c 170 s 3 are each amended to read as follows:
(1) The Washington telephone assistance program shall be funded by a telephone assistance excise tax on all switched access lines and by funds from any federal government or other programs for this purpose. Switched access lines are defined in RCW 82.14B.020. The telephone assistance excise tax shall be applied equally to all residential and business access lines not to exceed fourteen cents per month. The telephone assistance excise tax shall be separately identified on each ratepayer's bill as the "Washington telephone assistance program." All money collected from the telephone assistance excise tax shall be transferred to a telephone assistance fund administered by the department.
(2) The department shall be the fund administrator for local exchange companies, and the department of community, trade, and economic development shall be the fund administrator for community action agencies. Local exchange companies and community action agencies shall bill ((the)) their fund administrator for their expenses incurred in offering the telephone assistance program, including administrative and program expenses.
(3) The department shall disburse the money to the local exchange companies and to the department of community, trade, and economic development, except that the total amount of funds that may be paid annually to the department of community, trade, and economic development shall not exceed ten percent of the total annual telephone assistance fund revenues collected. The department is exempted from having to conclude a contract with local exchange companies in order to effect this reimbursement. The department of community, trade, and economic development shall disburse the money to the community action agencies.
(4) The ((department)) fund administrators shall recover ((its)) their administrative costs from the fund. The ((department)) fund administrator may specify by rule the range and extent of administrative and program expenses that will be reimbursed to local exchange companies or community action agencies.
Sec. 9. RCW 80.36.440 and 1990 c 170 s 4 are each amended to read as follows:
(1) The commission ((and)), the department, and the department of community, trade, and economic development may adopt any rules necessary to implement RCW 80.36.410 through 80.36.470.
(2) The rules relating to community service voice mail shall identify funding priorities that extend the benefits of community service voice mail to the greatest number of eligible clients. Within available resources, funding shall be made available for: (a) Deployment of new community service voice mail systems, including costs for start-up and installation, staff to train participating agencies, and maintaining program data; (b) installation of toll-free lines through which recipients of existing community service voice mail can access their community service voice mailboxes at no charge; (c) expansion of the capacity of existing community service voice mail; and (d) payment for continuing and expanding telephone services of existing community service voice mail, including maintenance expenses, operating expenses, and administrative expenses. The rules may require community action agencies to match up to fifty percent of the funds received from the telephone assistance program or to demonstrate the acquisition of in-kind contributions from local exchange companies or vendors of community service voice mail hardware or software.
Sec. 10. RCW 80.36.450 and 1993 c 249 s 2 are each amended to read as follows:
The Washington telephone assistance program shall be limited to one residential access line per eligible household for services provided by local exchange companies or to one community service voice mailbox per eligible person for services provided by community action agencies.
Sec. 11. RCW 80.36.460 and 1990 c 170 s 5 are each amended to read as follows:
(1) Local exchange companies shall file tariffs with the commission which waive deposits on local exchange service for eligible subscribers and which establish a fifty percent discount on service connection fees for eligible subscribers. Part or all of the remaining fifty percent of service connection fees may be paid by funds from federal government or other programs for this purpose. The commission or other appropriate agency shall make timely application for any available federal funds. The remaining portion of the connection fee to be paid by the subscriber shall be expressly payable by installment fees spread over a period of months. A subscriber may, however, choose to pay the connection fee in a lump sum. Costs associated with the waiver and discount shall be accounted for separately and recovered from the telephone assistance fund. Eligible subscribers shall be allowed one waiver of a deposit and one discount on service connection fees per year.
(2) Community action agencies may not charge recipients for community service voice mail.
Sec. 12. RCW 80.36.470 and 1990 c 170 s 6 are each amended to read as follows:
(1) Adult recipients of department-administered programs for the financially needy which provide continuing financial or medical assistance, food stamps, or supportive services to persons in their own homes are eligible for participation in the telephone assistance program. The department shall notify the participants of their eligibility.
(2) Adult clients of community action agency services are eligible for participation in the community service voice mail of the telephone assistance program if they do not reside in a residence with local exchange telephone service or do not have a reliable means of directly receiving telephone calls or messages.
Sec. 13. RCW 80.36.475 and 1990 c 170 s 7 are each amended to read as follows:
The department shall report to the ((energy and utilities)) committees of the house of representatives and the senate with jurisdiction over telecommunications services by December 1 of each year on the status of the Washington telephone assistance program. The report shall include the number of participants by qualifying ((social service)) department or community action agency programs receiving benefits from the telephone assistance program and the type of benefits participants receive. The report shall also include a description of the geographical distribution of participants, the program's annual revenue and expenditures, and any recommendations for legislative action.
NEW SECTION. Sec. 14. RCW 80.36.005 is recodified as a new section in chapter 80.36 RCW to be codified immediately before RCW 80.36.410.
NEW SECTION. Sec. 15. Sections 6 through 12 of this act expire June 30, 2003."
The President declared the question before the Senate to be the adoption of Committee on Ways and Means striking amendment, as amended, to Substitute House Bill No. 1222.
The committee striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Bauer, the following title amendments were considered simultaneously and were adopted:
On page 1, line 2 of the title, after "organizations;" strike the remainder of the title and insert "amending RCW 27.34.330 and 43.63A.125; adding a new section to chapter 43.63A RCW; and providing an expiration date."
On page 5, line 12 of the committee amendment, after "insert" strike the remainder of the title, and insert "amending RCW 27.34.330, 43.63A.125, 80.36.005, 80.36.410, 80.36.420, 80.36.430, 80.36.440, 80.36.450, 80.36.460, 80.36.470, and 80.36.475; adding a new section to chapter 43.63A RCW; adding a new section to chapter 80.36 RCW; recodifying RCW 80.36.005; and providing an expiration date."
On motion of Senator Bauer, the rules were suspended, Substitute House Bill No. 1222, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Betti Sheldon, further consideration of Substitute House Bill No. 1222, as amended by the Senate, was deferred.
SECOND READING
HOUSE BILL NO. 1831, by Representatives Ogden, Thomas, Lantz, Carlson, H. Sommers, Keiser, Dunshee, Lambert, Quall, O'Brien, Cody, Kenney, Dunn, Santos, Schual-Berke, Lovick, Edmonds, Wood, Haigh, Rockefeller, Conway, Stensen, Dickerson, Kessler, Hurst and Esser
Requiring adoption of rules for certain construction management techniques.
The bill was read the second time.
MOTION
On motion of Senator Bauer, the following Committee on Ways and Means striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that certain construction management techniques will improve the effectiveness of construction and operation of new school buildings, and that such techniques, including value engineering, constructibility reviews, building commissioning, and professional construction management, will provide better value to the taxpayers by reducing construction costs, improving building operations, improving the building environment for the occupants, and reducing future replacement costs.
NEW SECTION. Sec. 2. A new section is added to chapter 28A.525 RCW to read as follows:
(1) The state board of education shall adopt rules for appropriate use of the following construction management techniques: Value engineering, constructibility review, building commissioning, and construction management. Rules adopted under this section shall:
(a) Define each technique as it applies to school buildings;
(b) Describe the scope of work for each technique;
(c) Define the timing for implementing each technique in the construction process;
(d) Determine the appropriate size of projects for the use of each technique; and
(e) Determine standards for qualification and performance for each technique.
(2) Except as provided in rules adopted under subsection (1)(d) of this section, in allocating state moneys provided under this chapter, the state board of education shall include in funding for each project, at the state matching percentage, the cost of each of the construction management techniques listed in subsection (1) of this section.
(3) When assigning priority and allocating state funds for construction of common school facilities, the state board of education shall consider the adequacy of the construction management techniques used by a district and the compliance with the rules adopted under subsection (1) of this section.
(4) Except as provided in rules adopted under subsection (1)(d) of this section, the construction management techniques in subsection (1) of this section shall be used on each project submitted for approval by the state board of education.
(5)(a) School districts applying for state assistance for school facilities shall:
(i) Cause value engineering, constructibility review, and building commissioning to be performed by contract with a professional firm specializing in those construction management techniques; and
(ii) Contract or employ personnel to perform professional construction management.
(b) All recommendations from the value engineering and constructibility review construction techniques for a school project shall be presented to the school district's board of directors for acceptance or rejection. If the board of directors rejects a recommendation it shall provide a statement explaining the reasons for rejecting the recommendation and include the statement in the application for state assistance to the state board of education.
(6) The office of the superintendent of public instruction shall provide:
(a) An information and training program for school districts on the use of the construction management techniques; and
(b) Consulting services to districts on the benefits and best uses of these construction management techniques.
NEW SECTION. Sec. 3. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1999, in the omnibus appropriations act, this act is null and void."
MOTIONS
On motion of Senator Bauer, the following title amendment was adopted:
On page 1, line 2 of the title, after "construction;" strike the remainder of the title and insert "adding a new section to chapter 28A.525 RCW; and creating new sections."
On motion of Senator Bauer, the rules were suspended, House Bill No. 1831, 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. 1831, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1831, 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, 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, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.
Excused: Senator Loveland - 1.
HOUSE BILL NO. 1831, 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 HOUSE BILL NO. 1832, by Representatives Ogden, Thomas, Lantz, Cairnes, Keiser, Carlson, Talcott, H. Sommers, Lambert, Dunshee, Quall, O'Brien, Cody, Dunn, Santos, Schual-Berke, Lovick, Edmonds, Wood, Haigh, Rockefeller, Conway, Stensen, Dickerson, Tokuda, Kessler, Hurst and Esser
Authorizing the use of nonvoter-approved debt for school construction and repair.
The bill was read the second time.
MOTION
On motion of Senator Bauer, the following Committee on Ways and Means striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that current law authorizes school districts to use nonvoter-approved debt to acquire real or personal property but not to construct or repair school district property. It is the intent of the legislature to authorize school districts to use nonvoter-approved debt, within existing debt limits, to finance the acquisition, remodel, and repair of school facilities.
Sec. 2. RCW 28A.530.080 and 1991 c 114 s 1 are each amended to read as follows:
In addition to the authority granted under RCW 28A.530.010, a school district may contract indebtedness for any purpose specified in RCW 28A.530.010 (2), (4), and (5) or for the purpose of purchasing any real or personal property, or property rights, in connection with the exercise of any powers or duties which it is now or hereafter authorized to exercise, and issue bonds, notes, or other evidences of indebtedness therefor without a vote of the qualified electors of the district, subject to the limitations on indebtedness set forth in RCW 39.36.020(3). Such bonds, notes, or other evidences of indebtedness shall be issued and sold in accordance with chapter 39.46 RCW, and the proceeds thereof shall be deposited in the capital projects fund, the transportation vehicle fund, or the general fund, as applicable.
"
MOTIONS
On motion of Senator Bauer, the following title amendment was adopted:
On page 1, line 1 of the title, after "indebtedness;" strike the remainder of the title and insert "amending RCW 28A.530.080; and creating a new section."
On motion of Senator Bauer, the rules were suspended, Engrossed House Bill No. 1832, 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. 1832, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1832, 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, 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, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.
Excused: Senator Loveland - 1.
ENGROSSED HOUSE BILL NO. 1832, 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 President advanced the Senate to the seventh order of business.
There being no objection, the Senate resumed consideration of Substitute House Bill No. 1222, as amended by the Senate, deferred on third reading earlier today.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1222, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1222, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 28; Nays, 21; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 28.
Voting nay: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sellar, Sheahan, Stevens, Swecker, West and Zarelli - 21.
SUBSTITUTE HOUSE BILL NO. 1222, 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 Loveland was excused.
There being no objection, the President returned the Senate to the sixth order of business.
There being no objection, the Senate resumed consideration of Second Substitute House Bill No. 1462, and the pending amendment by Senator Tim Sheldon on page 13, after line 25, to the striking amendment by Senators McAuliffe, Eide and Finkbeiner, deferred April 12, 1999.
RULING BY THE PRESIDENT
President Owen: “In ruling upon the point of order raised by Senator McAuliffe to the scope and object of the amendment by Senator Tim Sheldon on page 13, after line 25 to the striking amendment by Senators McAuliffe, Eide and Finkbeiner, the President finds that Second Substitute House Bill No. 1462 is a measure which adopts several provisions relating to accountability for student performance in the K-12 education system, including (1) creating an accountability commission; (2) requiring reporting of assessment results; (3) providing technical assistance to schools to implement accountability and to improve student learning; and (4) setting accountability goals.
“The amendment by Senator Tim Sheldon would permit school boards to adopt policies to: (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 does not concern accountability for student performance.
“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 13, after line 25, to the striking amendment by Senators McAuliffe, Eide and Finkbeiner to Second Substitute House Bill No. 1462 was ruled out of order.
MOTIONS
On motion of Senator Finkbeiner, the following amendment by Senators Finkbeiner and McAuliffe to the striking amendment by Senators McAuliffe, Eide and Finkbeiner was adopted:
On page 2, line 9, after "governor" insert "with the consent of the senate"
On motion of Senator Finkbeiner, the following amendment by Senators Finkbeiner and McAuliffe to the striking amendment by Senators McAuliffe, Eide and Finkbeiner was adopted:
On page 2, line 36, after "state-wide." strike all material through "rates." on page 3, line 1
The President declared the question before the Senate to be the adoption of the striking amendment by Senators McAuliffe, Eide and Finkbeiner, as amended, to Second Substitute House Bill No. 1462.
The striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator McAuliffe, the following title amendment was adopted:
On page 1, line 1 of the title, after "assistance;" strike the remainder of the title and insert "amending RCW 28A.630.887, 28A.630.889, 28A.320.205, and 28A.300.130; adding a new chapter to Title 28A RCW; creating new sections; recodifying 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; repealing RCW 28A.300.138; repealing 1998 c 225 s 3 (uncodified); repealing 1995 c 209 s 3 (uncodified); repealing 1995 c 209 s 2 and 1992 c 141 s 203 (uncodified); and declaring an emergency."
On motion of Senator McAuliffe, the rules were suspended, Second Substitute House Bill No. 1462, 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 Second Substitute House Bill No. 1462, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute House Bill No. 1462, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 8; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, West, Winsley and Wojahn - 40.
Voting nay: Senators Benton, Hochstatter, Johnson, Morton, Roach, Stevens, Swecker and Zarelli - 8.
Excused: Senator Loveland - 1.
SECOND SUBSTITUTE HOUSE BILL NO. 1462, 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. 1833, by Representatives Thomas, Lantz, Carlson, Keiser, Cairnes, H. Sommers, Talcott, Ogden, Quall, Dunshee, O'Brien, Murray, Cody, Pflug, Dunn, Santos, Schual-Berke, Lovick, Edmonds, Wood, Haigh, Rockefeller, Conway, Stensen, Dickerson, Kessler and Esser
Authorizing school districts to use 63-20 financing with nonprofit organizations.
The bill was read the second time.
MOTION
On motion of Senator Bauer, the following Committee on Ways and Means striking amendment was adopted:
On page 1, strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28A.335.170 and 1990 c 33 s 360 are each amended to read as follows:
The board of directors of any school district may enter into contracts for their respective districts ((for periods not exceeding five years in duration)) with public and private persons, organizations, and entities for the following purposes:
(1) To rent or lease building space((,)) and portable buildings((, security systems, computers and other equipment)) for periods not exceeding ten years in duration;
(2) To rent security systems, computers, and other equipment or to have maintained and repaired security systems, computers, and other equipment for periods not exceeding five years in duration; and
(3) To provide pupil transportation services for periods not exceeding five years in duration.
No school district may enter into a contract for pupil transportation unless it has notified the superintendent of public instruction that, in the best judgment of the district, the cost of contracting will not exceed the projected cost of operating its own pupil transportation.
The budget of each school district shall identify that portion of each contractual liability incurred pursuant to this section extending beyond the fiscal year by amount, duration, and nature of the contracted service and/or item in accordance with rules and regulations of the superintendent of public instruction adopted pursuant to RCW 28A.505.140 and 28A.310.330.
The provisions of this section shall not have any effect on the length of contracts for school district employees specified by RCW 28A.400.300 and 28A.405.210."
MOTIONS
On motion of Senator Bauer, the following title amendment was adopted:
On page 1, on line 1 of the title, after "schools;" strike the remainder of the title and insert "and amending RCW 28A.335.170."
On motion of Senator Bauer, the rules were suspended, House Bill No. 1833, 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. 1833, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1833, 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, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, 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, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.
Absent: Senator Goings - 1.
Excused: Senator Loveland - 1.
HOUSE BILL NO. 1833, 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. 1668, by Representatives McDonald, Kagi, Boldt, Tokuda, Dickerson and Santos
Providing foster parents with first aid/CPR and HIV/AIDS training.
The bill was read the second time.
MOTION
On motion of Senator Costa, the rules were suspended, Substitute House Bill No. 1668 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. 1668.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1668 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, 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 - 47.
Absent: Senators Deccio and Goings - 2.
SUBSTITUTE HOUSE BILL NO. 1668, 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. 1744, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Schoesler and G. Chandler)
Changing lake outflow regulation.
The bill was read the second time.
MOTION
On motion of Senator Fraser, the rules were suspended, Substitute House Bill No. 1744 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. 1744.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1744 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. 1744, 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. 1642, by Representatives Grant and Mastin
Changing surface water permit and rights provisions.
The bill was read the second time.
MOTION
On motion of Senator Loveland, the following Committee on Environmental Quality and Water Resources 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 90.03 RCW to read as follows:
The legislature intends to allow modification of the point of diversion in a water right permit when such a modification will provide both environmental benefits and water supply benefits and nothing in section 2 of this act is to be construed as allowing any other change or transfer of a right to the use of surface water which has not been applied to a beneficial use.
NEW SECTION. Sec. 2. A new section is added to chapter 90.03 RCW to read as follows:
The department may approve a change of the point of diversion prescribed in a permit to appropriate water for a beneficial use to a point of diversion that is located downstream and is an existing approved intake structure with capacity to transport the additional diversion, if the ownership, purpose of use, season of use, and place of use of the permit remain the same.
This section may not be construed as limiting in any manner whatsoever other authorities of the department under RCW 90.03.380 or other changes that may be approved under RCW 90.03.380 under authorities existing before the effective date of this section.
Sec. 3. RCW 90.03.030 and 1987 c 109 s 68 are each amended to read as follows:
Any person may convey any water which he or she may have a right to use along any of the natural streams or lakes of this state, but not so as to raise the water thereof above ordinary highwater mark, without making just compensation to persons injured thereby; but due allowance shall be made for evaporation and seepage, the amount of such seepage to be determined by the department, upon the application of any person interested. Water conveyed under this section may be conveyed to an approved intake structure located in a neighboring state in order to accomplish an approved modification of the point of diversion in a permit to appropriate water for a beneficial use, if approval of the neighboring state is documented to the satisfaction of the department.
"
MOTIONS
On motion of Senator Loveland, the follow title amendment was adopted:
On page 1, line 1 of the title, after "rights;" strike the remainder of the title and insert "amending RCW 90.03.030; and adding new sections to chapter 90.03 RCW."
On motion of Senator Loveland, the rules were suspended, House Bill No. 1642, 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. 1642, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1642, 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. 1642, 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. 1463, by Representatives Mitchell, Fisher, K. Schmidt, Ogden, Mielke, Haigh and Schual-Berke
Adjusting deadlines for reports to the secretary of transportation.
The bill was read the second time.
MOTION
On motion of Senator Goings, the rules were suspended, House Bill No. 1463 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. 1463.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1463 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.
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., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.
Absent: Senators Finkbeiner, and Sheldon , T. - 2.
HOUSE BILL NO. 1463, 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. 1321, by Representatives Ericksen, Fisher, K. Schmidt, Mitchell, Rockefeller, Carrell and McDonald; by request of Department of Transportation and Washington State Patrol
Requiring stops at intersections with nonfunctioning signal lights.
The bill was read the second time.
MOTION
On motion of Senator Goings, the rules were suspended, House Bill No. 1321 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. 1321.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1321 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. 1321, 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 10:59 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 1:06 p.m. by President Owen.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the fourth order of business.
MESSAGES FROM THE HOUSE
April 12, 1999
MR. PRESIDENT:
The House has passed:
SECOND SUBSTITUTE SENATE BILL NO. 5102 ,
SUBSTITUTE SENATE BILL NO. 5745, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
April 12, 1999
MR. PRESIDENT:
The House has passed:
SENATE BILL NO. 5021,
SENATE BILL NO. 5105,
SENATE BILL NO. 5122,
SENATE BILL NO. 5233,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5348,
SUBSTITUTE SENATE BILL NO. 5352,
SENATE BILL NO. 5606,
ENGROSSED SENATE BILL NO. 5798, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
April 12, 1999
MR. PRESIDENT:
The House has passed:
SENATE BILL NO. 5986,
SENATE BILL NO. 5987,
SUBSTITUTE SENATE BILL NO. 6012,
SUBSTITUTE SENATE BILL NO. 6052,
SUBSTITUTE SENATE BILL NO. 6063, 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:
SENATE BILL NO. 5734.
SIGNED BY THE PRESIDENT
The President signed:
SECOND SUBSTITUTE SENATE BILL NO. 5102,
SUBSTITUTE SENATE BILL NO. 5745.
SIGNED BY THE PRESIDENT
The President signed:
SENATE BILL NO. 5021,
SENATE BILL NO. 5105,
SENATE BILL NO. 5122,
SENATE BILL NO. 5233,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5348,
SUBSTITUTE SENATE BILL NO. 5352,
SENATE BILL NO. 5606,
ENGROSSED SENATE BILL NO. 5798.
SIGNED BY THE PRESIDENT
The President signed:
SENATE BILL NO. 5986,
SENATE BILL NO. 5987,
SUBSTITUTE SENATE BILL NO. 6012,
SUBSTITUTE SENATE BILL NO. 6052,
SUBSTITUTE SENATE BILL NO. 6063.
MOTIONS
On motion of Senator Franklin, Senator Fraser was excused.
On motion of Senator Honeyford, Senator Rossi was excused.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the sixth order of business.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Betti Sheldon, Gubernatorial Appointment No. 9171, Doug Sayan, as a member of the Board of Trustees for Olympic Community College District No. 3, was confirmed.
APPOINTMENT OF DOUG SAYAN
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 40; Nays, 0; Absent, 7; Excused, 2.
Voting yea: Senators Bauer, Costa, Deccio, Eide, Franklin, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 40.
Absent: Senators Benton, Brown, Fairley, Finkbeiner, McDonald, Sellar, and Sheldon, T. - 7.
Excused: Senators Fraser and Rossi - 2.
MOTION
On motion of Senator Franklin, Senator Fairley was excused.
SECOND READING
ENGROSSED HOUSE BILL NO. 1749, by Representatives Dickerson, McDonald, Lantz and Koster
Revising eligibility requirements for deferred disposition.
The bill was read the second time.
MOTION
Senator Costa moved that the following striking amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 13.40.127 and 1997 c 338 s 21 are each amended to read as follows:
(1) A juvenile is eligible for deferred disposition unless he or she:
(a) Is charged with a sex or violent offense;
(b) Has a criminal history which includes any felony; or
(c) Has a prior deferred disposition or deferred adjudication; or
(d) Has two or more diversions; or
(e) Has two or more gross misdemeanors or misdemeanors.
(2) The juvenile court may, upon motion at least fourteen days before commencement of trial and, after consulting the juvenile's custodial parent or parents or guardian and with the consent of the juvenile, continue the case for disposition for a period not to exceed one year from the date the juvenile is found guilty. The court shall consider whether the offender and the community will benefit from a deferred disposition before deferring the disposition.
(3) Any juvenile who agrees to a deferral of disposition shall:
(a) Stipulate to the admissibility of the facts contained in the written police report;
(b) Acknowledge that the report will be entered and used to support a finding of guilt and to impose a disposition if the juvenile fails to comply with terms of supervision; and
(c) Waive the following rights to: (i) A speedy disposition; and (ii) call and confront witnesses.
The adjudicatory hearing shall be limited to a reading of the court's record.
(4) Following the stipulation, acknowledgment, waiver, and entry of a finding or plea of guilt, the court shall defer entry of an order of disposition of the juvenile.
(5) Any juvenile granted a deferral of disposition under this section shall be placed under community supervision. The court may impose any conditions of supervision that it deems appropriate including posting a probation bond. Payment of restitution under RCW 13.40.190 shall be a condition of community supervision under this section.
(6) A parent who signed for a probation bond has the right to notify the counselor if the juvenile fails to comply with the bond or conditions of supervision. The counselor shall notify the court and surety of any failure to comply. A surety shall notify the court of the juvenile's failure to comply with the probation bond. The state shall bear the burden to prove, by a preponderance of the evidence, that the juvenile has failed to comply with the terms of community supervision.
(7) A juvenile's lack of compliance shall be determined by the judge upon written motion by the prosecutor or the juvenile's juvenile court community supervision counselor. If a juvenile fails to comply with terms of supervision, the court shall enter an order of disposition.
(8) At any time following deferral of disposition the court may, following a hearing, continue the case for an additional one-year period for good cause.
(9) At the conclusion of the period set forth in the order of deferral and upon a finding by the court of full compliance with conditions of supervision and payment of full restitution, the respondent's conviction shall be vacated and the court shall dismiss the case with prejudice.
Sec. 2. RCW 13.40.020 and 1997 c 338 s 10 are each amended to read as follows:
For the purposes of this chapter:
(1) "Community-based rehabilitation" means one or more of the following: Employment; attendance of information classes; literacy classes; counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, education or outpatient treatment programs to prevent animal cruelty, or other services; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district. Placement in community-based rehabilitation programs is subject to available funds;
(2) Community-based sanctions may include one or more of the following:
(a) A fine, not to exceed five hundred dollars;
(b) Community service not to exceed one hundred fifty hours of service;
(3) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community service may be performed through public or private organizations or through work crews;
(4) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department or an order granting a deferred disposition. A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses. As a mandatory condition of any term of community supervision, the court shall order the juvenile to refrain from committing new offenses. As a mandatory condition of community supervision, the court shall order the juvenile to comply with the mandatory school attendance provisions of chapter 28A.225 RCW and to inform the school of the existence of this requirement. Community supervision is an individualized program comprised of one or more of the following:
(a) Community-based sanctions;
(b) Community-based rehabilitation;
(c) Monitoring and reporting requirements;
(d) Posting of a probation bond;
(5) "Confinement" means physical custody by the department of social and health services in a facility operated by or pursuant to a contract with the state, or physical custody in a detention facility operated by or pursuant to a contract with any county. The county may operate or contract with vendors to operate county detention facilities. The department may operate or contract to operate detention facilities for juveniles committed to the department. Pretrial confinement or confinement of less than thirty-one days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court;
(6) "Court," when used without further qualification, means the juvenile court judge(s) or commissioner(s);
(7) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense:
(a) The allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter; or
(b) The criminal complaint was diverted by a prosecutor pursuant to the provisions of this chapter on agreement of the respondent and after an advisement to the respondent that the criminal complaint would be considered as part of the respondent's criminal history. A successfully completed deferred adjudication that was entered before July 1, 1998, or a deferred disposition shall not be considered part of the respondent's criminal history;
(8) "Department" means the department of social and health services;
(9) "Detention facility" means a county facility, paid for by the county, for the physical confinement of a juvenile alleged to have committed an offense or an adjudicated offender subject to a disposition or modification order. "Detention facility" includes county group homes, inpatient substance abuse programs, juvenile basic training camps, and electronic monitoring;
(10) "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender, or any other person, community accountability board, youth court under the supervision of the juvenile court, or other entity except a law enforcement official or entity, with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to RCW 13.40.080, or any person, community accountability board, or other entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter. For purposes of this subsection, "community accountability board" means a board comprised of members of the local community in which the juvenile offender resides. The superior court shall appoint the members. The boards shall consist of at least three and not more than seven members. If possible, the board should include a variety of representatives from the community, such as a law enforcement officer, teacher or school administrator, high school student, parent, and business owner, and should represent the cultural diversity of the local community;
(11) "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care;
(12) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;
(13) "Intensive supervision program" means a parole program that requires intensive supervision and monitoring, offers an array of individualized treatment and transitional services, and emphasizes community involvement and support in order to reduce the likelihood a juvenile offender will commit further offenses;
(14) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years and who has not been previously transferred to adult court pursuant to RCW 13.40.110 or who is otherwise under adult court jurisdiction;
(15) "Juvenile offender" means any juvenile who has been found by the juvenile court to have committed an offense, including a person eighteen years of age or older over whom jurisdiction has been extended under RCW 13.40.300;
(16) "Local sanctions" means one or more of the following: (a) 0-30 days of confinement; (b) 0-12 months of community supervision; (c) 0-150 hours of community service; or (d) $0-$500 fine;
(17) "Manifest injustice" means a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of this chapter;
(18) "Monitoring and reporting requirements" means one or more of the following: Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the probation officer as directed and to remain under the probation officer's supervision; and other conditions or limitations as the court may require which may not include confinement;
(19) "Offense" means an act designated a violation or a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state;
(20) "Probation bond" means a bond, posted with sufficient security by a surety justified and approved by the court, to secure the offender's appearance at required court proceedings and compliance with court-ordered community supervision or conditions of release ordered pursuant to RCW 13.40.040 or 13.40.050. It also means a deposit of cash or posting of other collateral in lieu of a bond if approved by the court;
(21) "Respondent" means a juvenile who is alleged or proven to have committed an offense;
(22) "Restitution" means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, lost wages resulting from physical injury, and costs of the victim's counseling reasonably related to the offense if the offense is a sex offense. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender;
(23) "Secretary" means the secretary of the department of social and health services. "Assistant secretary" means the assistant secretary for juvenile rehabilitation for the department;
(24) "Services" means services which provide alternatives to incarceration for those juveniles who have pleaded or been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter;
(25) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;
(26) "Sexual motivation" means that one of the purposes for which the respondent committed the offense was for the purpose of his or her sexual gratification;
(27) "Surety" means an entity licensed under state insurance laws or by the state department of licensing, to write corporate, property, or probation bonds within the state, and justified and approved by the superior court of the county having jurisdiction of the case;
(28) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration;
(29) "Violent offense" means a violent offense as defined in RCW 9.94A.030.
(30) "Youth court" means a program under the supervision of the juvenile court.
Sec. 3. RCW 13.40.080 and 1997 c 338 s 70 are each amended to read as follows:
(1) A diversion agreement shall be a contract between a juvenile accused of an offense and a diversionary unit whereby the juvenile agrees to fulfill certain conditions in lieu of prosecution. Such agreements may be entered into only after the prosecutor, or probation counselor pursuant to this chapter, has determined that probable cause exists to believe that a crime has been committed and that the juvenile committed it. Such agreements shall be entered into as expeditiously as possible.
(2) A diversion agreement shall be limited to one or more of the following:
(a) Community service not to exceed one hundred fifty hours, not to be performed during school hours if the juvenile is attending school;
(b) Restitution limited to the amount of actual loss incurred by the victim;
(c) Attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions at a community agency. The educational or informational sessions may include sessions relating to respect for self, others, and authority; victim awareness; accountability; self-worth; responsibility; work ethics; good citizenship; literacy; and life skills. For purposes of this section, "community agency" may also mean a community-based nonprofit organization, if approved by the diversion unit. The state shall not be liable for costs resulting from the diversionary unit exercising the option to permit diversion agreements to mandate attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions;
(d) A fine, not to exceed one hundred dollars. In determining the amount of the fine, the diversion unit shall consider only the juvenile's financial resources and whether the juvenile has the means to pay the fine. The diversion unit shall not consider the financial resources of the juvenile's parents, guardian, or custodian in determining the fine to be imposed; and
(e) Requirements to remain during specified hours at home, school, or work, and restrictions on leaving or entering specified geographical areas.
(3) Notwithstanding the provisions of subsection (2) of this section, youth courts are not limited to the conditions imposed by subsection (2) of this section in imposing sanctions on juveniles pursuant to section 9 of this act.
(4) In assessing periods of community service to be performed and restitution to be paid by a juvenile who has entered into a diversion agreement, the court officer to whom this task is assigned shall consult with the juvenile's custodial parent or parents or guardian and victims who have contacted the diversionary unit and, to the extent possible, involve members of the community. Such members of the community shall meet with the juvenile and advise the court officer as to the terms of the diversion agreement and shall supervise the juvenile in carrying out its terms.
(((4))) (5)(a) A diversion agreement may not exceed a period of six months and may include a period extending beyond the eighteenth birthday of the divertee.
(b) If additional time is necessary for the juvenile to complete restitution to the victim, the time period limitations of this subsection may be extended by an additional six months.
(c) If the juvenile has not paid the full amount of restitution by the end of the additional six-month period, then the juvenile shall be referred to the juvenile court for entry of an order establishing the amount of restitution still owed to the victim. In this order, the court shall also determine the terms and conditions of the restitution, including a payment plan extending up to ten years if the court determines that the juvenile does not have the means to make full restitution over a shorter period. For the purposes of this subsection (((4))) (5)(c), the juvenile shall remain under the court's jurisdiction for a maximum term of ten years after the juvenile's eighteenth birthday. Prior to the expiration of the initial ten-year period, the juvenile court may extend the judgment for restitution an additional ten years. The court may not require the juvenile to pay full or partial restitution if the juvenile reasonably satisfies the court that he or she does not have the means to make full or partial restitution and could not reasonably acquire the means to pay the restitution over a ten-year period. The county clerk shall make disbursements to victims named in the order. The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments. A juvenile under obligation to pay restitution may petition the court for modification of the restitution order.
(((5))) (6) The juvenile shall retain the right to be referred to the court at any time prior to the signing of the diversion agreement.
(((6))) (7) Divertees and potential divertees shall be afforded due process in all contacts with a diversionary unit regardless of whether the juveniles are accepted for diversion or whether the diversion program is successfully completed. Such due process shall include, but not be limited to, the following:
(a) A written diversion agreement shall be executed stating all conditions in clearly understandable language;
(b) Violation of the terms of the agreement shall be the only grounds for termination;
(c) No divertee may be terminated from a diversion program without being given a court hearing, which hearing shall be preceded by:
(i) Written notice of alleged violations of the conditions of the diversion program; and
(ii) Disclosure of all evidence to be offered against the divertee;
(d) The hearing shall be conducted by the juvenile court and shall include:
(i) Opportunity to be heard in person and to present evidence;
(ii) The right to confront and cross-examine all adverse witnesses;
(iii) A written statement by the court as to the evidence relied on and the reasons for termination, should that be the decision; and
(iv) Demonstration by evidence that the divertee has substantially violated the terms of his or her diversion agreement.
(e) The prosecutor may file an information on the offense for which the divertee was diverted:
(i) In juvenile court if the divertee is under eighteen years of age; or
(ii) In superior court or the appropriate court of limited jurisdiction if the divertee is eighteen years of age or older.
(((7))) (8) The diversion unit shall, subject to available funds, be responsible for providing interpreters when juveniles need interpreters to effectively communicate during diversion unit hearings or negotiations.
(((8))) (9) The diversion unit shall be responsible for advising a divertee of his or her rights as provided in this chapter.
(((9))) (10) The diversion unit may refer a juvenile to community-based counseling or treatment programs.
(((10))) (11) The right to counsel shall inure prior to the initial interview for purposes of advising the juvenile as to whether he or she desires to participate in the diversion process or to appear in the juvenile court. The juvenile may be represented by counsel at any critical stage of the diversion process, including intake interviews and termination hearings. The juvenile shall be fully advised at the intake of his or her right to an attorney and of the relevant services an attorney can provide. For the purpose of this section, intake interviews mean all interviews regarding the diversion agreement process.
The juvenile shall be advised that a diversion agreement shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(((9))) (7). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the diversionary unit together with the diversion agreement, and a copy of both documents shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language.
(((11))) (12) When a juvenile enters into a diversion agreement, the juvenile court may receive only the following information for dispositional purposes:
(a) The fact that a charge or charges were made;
(b) The fact that a diversion agreement was entered into;
(c) The juvenile's obligations under such agreement;
(d) Whether the alleged offender performed his or her obligations under such agreement; and
(e) The facts of the alleged offense.
(((12))) (13) A diversionary unit may refuse to enter into a diversion agreement with a juvenile. When a diversionary unit refuses to enter a diversion agreement with a juvenile, it shall immediately refer such juvenile to the court for action and shall forward to the court the criminal complaint and a detailed statement of its reasons for refusing to enter into a diversion agreement. The diversionary unit shall also immediately refer the case to the prosecuting attorney for action if such juvenile violates the terms of the diversion agreement.
(((13))) (14) A diversionary unit may, in instances where it determines that the act or omission of an act for which a juvenile has been referred to it involved no victim, or where it determines that the juvenile referred to it has no prior criminal history and is alleged to have committed an illegal act involving no threat of or instance of actual physical harm and involving not more than fifty dollars in property loss or damage and that there is no loss outstanding to the person or firm suffering such damage or loss, counsel and release or release such a juvenile without entering into a diversion agreement. A diversion unit's authority to counsel and release a juvenile under this subsection shall include the authority to refer the juvenile to community-based counseling or treatment programs. Any juvenile released under this subsection shall be advised that the act or omission of any act for which he or she had been referred shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(((9))) (7). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the unit, and a copy of the document shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language. A juvenile determined to be eligible by a diversionary unit for release as provided in this subsection shall retain the same right to counsel and right to have his or her case referred to the court for formal action as any other juvenile referred to the unit.
(((14))) (15) A diversion unit may supervise the fulfillment of a diversion agreement entered into before the juvenile's eighteenth birthday and which includes a period extending beyond the divertee's eighteenth birthday.
(((15))) (16) If a fine required by a diversion agreement cannot reasonably be paid due to a change of circumstance, the diversion agreement may be modified at the request of the divertee and with the concurrence of the diversion unit to convert an unpaid fine into community service. The modification of the diversion agreement shall be in writing and signed by the divertee and the diversion unit. The number of hours of community service in lieu of a monetary penalty shall be converted at the rate of the prevailing state minimum wage per hour.
(((16))) (17) Fines imposed under this section shall be collected and paid into the county general fund in accordance with procedures established by the juvenile court administrator under RCW 13.04.040 and may be used only for juvenile services. In the expenditure of funds for juvenile services, there shall be a maintenance of effort whereby counties exhaust existing resources before using amounts collected under this section.
NEW SECTION. Sec. 4. A new section is added to chapter 13.40 RCW to read as follows:
Youth courts provide a diversion for cases involving juvenile offenders, in which participants, under the supervision of an adult coordinator, may serve in various capacities within the program, acting in the role of jurors, lawyers, bailiffs, clerks, and judges. Youths who appear before youth courts are youths eligible for diversion pursuant to RCW 13.40.070 (6) and (7). Youth courts have no jurisdiction except as provided for in this act. Youth courts are diversion units and not courts established under Article IV of the state Constitution.
NEW SECTION. Sec. 5. A new section is added to chapter 13.40 RCW to read as follows:
(1) The office of the administrator for the courts shall encourage the juvenile courts to work with cities and counties to implement, expand, or use youth court programs for juveniles who commit diversion-eligible offenses, civil, or traffic infractions. Program operations of youth court programs may be funded by government and private grants. Youth court programs are limited to those that:
(a) Are developed using the guidelines for creating and operating teen court programs developed by the American probation and parole association teen courts project;
(b) Target offenders age eight through seventeen; and
(c) Emphasize the following principles:
(i) Youth must be held accountable for their problem behavior;
(ii) Youth must be educated about the impact their actions have on themselves and others including their victims, their families, and their community;
(iii) Youth must develop skills to resolve problems with their peers more effectively; and
(iv) Youth should be provided a meaningful forum to practice and enhance newly developed skills.
(2) Youth court programs may be established by law enforcement entities, municipal courts, district courts, juvenile probation departments, private nonprofit organizations, and schools, under the supervision of juvenile court.
NEW SECTION. Sec. 6. A new section is added to chapter 13.40 RCW to read as follows:
(1) Youth courts have authority over juveniles ages eight through seventeen who:
(a) Along with their parent, guardian, or legal custodian, voluntarily and in writing request youth court involvement;
(b) Admit they have committed the offense they are referred for;
(c) Along with their parent, guardian, or legal custodian, waive any privilege against self-incrimination concerning the offense; and
(d) Along with their parent, guardian, or legal custodian, agree to comply with the youth court disposition of the case.
(2) Youth courts shall not exercise authority over youth who are under the continuing jurisdiction of the juvenile court for law violations, including a youth with a matter pending before the juvenile court but which has not yet been adjudicated.
(3) Youth courts may decline to accept a youth for youth court disposition for any reason and may terminate a youth from youth court participation at any time.
(4) A youth or his or her parent, guardian, or legal custodian may withdraw from the youth court process at any time.
(5) Youth courts shall give any victims of a juvenile the opportunity to be notified, present, and heard in any youth court proceeding.
NEW SECTION. Sec. 7. A new section is added to chapter 13.40 RCW to read as follows:
Youth court may not notify the juvenile court of satisfaction of conditions until all ordered restitution has been paid.
NEW SECTION. Sec. 8. A new section is added to chapter 13.40 RCW to read as follows:
Every youth appearing before a youth court shall be accompanied by his or her parent, guardian, or legal custodian.
NEW SECTION. Sec. 9. A new section is added to chapter 13.40 RCW to read as follows:
(1) Youth court dispositional options include those delineated in RCW 13.40.080, and may also include:
(a) Participating in law-related education classes, appropriate counseling, treatment, or other education programs;
(b) Providing periodic reports to the youth court;
(c) Participating in mentoring programs;
(d) Serving as a participant in future youth court proceedings;
(e) Writing apology letters; or
(f) Writing essays.
(2) Youth courts shall not impose a term of confinement or detention. Youth courts may require that the youth pay reasonable fees to participate in youth court and in classes, counseling, treatment, or other educational programs that are the disposition of the youth court.
(3) A youth court disposition shall be completed within one hundred eighty days from the date of referral.
(4) Pursuant to RCW 13.40.080(1), a youth court disposition shall be reduced to writing and signed by the youth and his or her parent, guardian, or legal custodian accepting the disposition terms.
(5) Youth court shall notify the juvenile court upon successful or unsuccessful completion of the disposition.
(6) Youth court shall notify the prosecutor or probation counselor of a failure to successfully complete the youth court disposition.
NEW SECTION. Sec. 10. A new section is added to chapter 13.40 RCW to read as follows:
A youth court may require that a youth pay a nonrefundable fee, not exceeding thirty dollars, to cover the costs of administering the program. The fee may be reduced or waived for a participant. Fees shall be paid to and accounted for by the youth court.
NEW SECTION. Sec. 11. A new section is added to chapter 28A.320 RCW to read as follows:
Local school boards may provide for school credit for participation as a member of a youth court as defined in RCW 13.40.020.
Sec. 12. RCW 13.40.250 and 1997 c 338 s 36 are each amended to read as follows:
A traffic or civil infraction case involving a juvenile under the age of sixteen may be diverted in accordance with the provisions of this chapter or filed in juvenile court.
(1) If a notice of a traffic or civil infraction is filed in juvenile court, the juvenile named in the notice shall be afforded the same due process afforded to adult defendants in traffic infraction cases.
(2) A monetary penalty imposed upon a juvenile under the age of sixteen who is found to have committed a traffic or civil infraction may not exceed one hundred dollars. At the juvenile's request, the court may order performance of a number of hours of community service in lieu of a monetary penalty, at the rate of the prevailing state minimum wage per hour.
(3) A diversion agreement entered into by a juvenile referred pursuant to this section shall be limited to thirty hours of community service, or educational or informational sessions.
(4) Traffic or civil infractions referred to a youth court pursuant to this section are subject to the conditions imposed by section 9 of this act.
(5) If a case involving the commission of a traffic or civil infraction or offense by a juvenile under the age of sixteen has been referred to a diversion unit, an abstract of the action taken by the diversion unit may be forwarded to the department of licensing in the manner provided for in RCW 46.20.270(2).
Sec. 13. RCW 46.63.040 and 1984 c 258 s 137 are each amended to read as follows:
(1) All violations of state law, local law, ordinance, regulation, or resolution designated as traffic infractions in RCW 46.63.020 may be heard and determined by a district court, except as otherwise provided in this section.
(2) Any municipal court has the authority to hear and determine traffic infractions pursuant to this chapter.
(3) Any city or town with a municipal court may contract with the county to have traffic infractions committed within the city or town adjudicated by a district court.
(4) District court commissioners have the authority to hear and determine traffic infractions pursuant to this chapter.
(5) Any district or municipal court may, with the consent of the juvenile court, refer juveniles age sixteen or seventeen to a youth court, as defined in RCW 13.40.020, for traffic infractions.
(6) The boards of regents of the state universities, and the boards of trustees of the regional universities and of The Evergreen State College have the authority to hear and determine traffic infractions under RCW 28B.10.560."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senator Costa to Engrossed House Bill No. 1749.
The motion by Senator Costa carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Costa, the following title amendment was adopted:
On page 1, line 1 of the title, after "disposition;" strike the remainder of the title and insert "amending RCW 13.40.127, 13.40.020, 13.40.080, 13.40.250, and 46.63.040; adding new sections to chapter 13.40 RCW; and adding a new section to chapter 28A.320 RCW."
On motion of Senator Costa, the rules were suspended, Engrossed House Bill No. 1749, 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. 1749, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1749, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 3; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 43.
Absent: Senators McDonald, Sellar, Sheldon and T. - 3.
Excused: Senators Fairley, Fraser and Rossi - 3.
ENGROSSED HOUSE BILL NO. 1749, 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 April 12, 1999, after the President ruled that the amendment to the striking amendment was in order.
The President declared the question before the Senate to be the adoption of 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.
Debate ensued.
Senator Johnson demanded a roll call and the demand was sustained
Further debate ensued.
POINT OF INQUIRY
Senator Patterson: “Thank you, Senator Benton. I just wondered if you could--to help me get a little perspective here--name one other state program that we audit at a price tag of somewhere between five hundred thousand to a million dollars a year that we audit on a yearly basis. If you could just give me the names of, maybe, two or three other programs that we audit in this way, then I would be much more comfortable with your amendment.”
Senator Benton: “Thank you, Senator Patterson. I am happy to respond to that. This body passed a bill just two sessions ago that spent nearly seven hundred thousand dollars auditing the Department of Transportation. So, we do audits all the time. As you know, the State Auditor's office budget is extensive. They run audits all the time. Unfortunately, they do not audit these programs. If you read the language, it doesn't ask for an audit. It says, 'An annual program review.' The amendment offered in committee, for further clarification Senator Patterson, called for a formal program review. Senator Patterson, I am responding to your question.”
Senator Patterson: “I'm listening.”
Senator Benton: “Okay. So, based on input from members of the committee, I removed the word, 'formal,' because I thought that was too much. So, this amendment specifically asks for an annual program review, not a formal review. There is a difference, a very extensive difference, in terms of a formal review. It simply goes down saying, 'Do these guidelines mean that?' I don't know who came up with this figure, but it sounds like bloated numbers to me to review guidelines to see if they are being met.”
Further debate ensued.
The President declared the question before the Senate to be the roll call on the adoption of 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.
ROLL CALL
The Secretary called the roll and the amendment to the committee amendment was not adopted by the following vote: Yeas, 22; Nays, 26; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sellar, Sheahan, Stevens, Swecker, West, Winsley and Zarelli - 22.
Voting nay: Senators Bauer, Brown, Costa, Eide, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau and Wojahn - 26.
Excused: Senator Fairley - 1.
MOTION
Senator Kohl-Welles moved that the following amendment on page 2, after line 8, by Senators Kohl-Welles, Benton, Brown and McAuliffe to the Committee on Education striking amendment be withdrawn:
On page 2, after line 8 of the amendment, insert the following:
"NEW SECTION. Sec. 2. The joint legislative audit and review committee shall conduct a performance audit of the early childhood education and assistance program and report its findings to the education committees of the legislature by December 31, 2000.
This section expires January 1, 2001."
MOTION
Senator Benton, as a sponsor of the amendment, moved that the amendment on page 2, after line 8, to the Committee on Education striking amendment be adopted.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Kohl-Welles, Benton, McAuliffe and Brown on page 2, after line 8, to the Committee on Education striking amendment to Substitute House Bill No. 1935.
The amendment to the committee amendment was not adopted on a rising vote.
The President declared the question before the Senate to be the adoption of the Committee on Education striking amendment to Substitute House Bill No. 1935.
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 "programs;" strike the remainder of the title and insert "and amending RCW 28A.215.110."
On motion of Senator McAuliffe, the rules were suspended, Substitute House Bill No. 1935, 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.
CALL FOR THE PREVIOUS QUESTION
Senators Wojahn, Loveland and McAuliffe called for the previous question and the demand was sustained.
The President declared the question before the Senate to be shall the main question be now put.
The demand for the previous question carried.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1935, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1935, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 34; Nays, 14; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Patterson, Prentice, Rasmussen, Sellar, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Wojahn - 34.
Voting nay: Senators Benton, Finkbeiner, Hargrove, Hochstatter, Honeyford, Johnson, McDonald, Morton, Oke, Roach, Rossi, Sheahan, Stevens and Zarelli - 14.
Excused: Senator Fairley - 1.
SUBSTITUTE HOUSE BILL NO. 1935, 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. 1233, by Representatives Edmonds, Sheahan and Constantine
Determining the net value of a homestead exemption.
The bill was read the second time.
MOTION
Senator Heavey moved that the following Committee on Judiciary striking amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 6.13.010 and 1993 c 200 s 1 are each amended to read as follows:
(1) The homestead consists of real or personal property that the owner uses as a residence. In the case of a dwelling house or mobile home, the homestead consists of the dwelling house or the mobile home in which the owner resides or intends to reside, with appurtenant buildings, and the land on which the same are situated and by which the same are surrounded, or improved or unimproved land owned with the intention of placing a house or mobile home thereon and residing thereon. A mobile home may be exempted under this chapter whether or not it is permanently affixed to the underlying land and whether or not the mobile home is placed upon a lot owned by the mobile home owner. Property included in the homestead must be actually intended or used as the principal home for the owner.
(2) As used in this chapter, the term "owner" includes but is not limited to a purchaser under a deed of trust, mortgage, or real estate contract.
(3) As used in this chapter, the term "net value" means market value less all liens and encumbrances senior to the judgment being executed upon and not including the judgment being executed upon.
Sec. 2. RCW 6.13.150 and 1987 c 442 s 215 are each amended to read as follows:
If, from the report, it appears to the court that the value of the homestead, less liens and encumbrances senior to the judgment being executed upon and not including the judgment being executed upon, exceeds the homestead exemption and the property can be divided without material injury and without violation of any governmental restriction, the court may, by an order, direct the appraiser to set off to the owner so much of the land, including the residence, as will amount in net value to the homestead exemption, and the execution may be enforced against the remainder of the land.
Sec. 3. RCW 6.13.160 and 1987 c 442 s 216 are each amended to read as follows:
If, from the report, it appears to the court that the appraised value of the homestead property, less liens and encumbrances senior to the judgment being executed upon and not including the judgment being executed upon, exceeds the amount of the homestead exemption and the property is not divided, the court must make an order directing its sale under the execution. The order shall direct that at such sale no bid may be received unless it exceeds the amount of the homestead exemption.”
MOTION
On motion of Senator Heavey, the following amendment by Senators Heavey, Benton and Johnson to the Committee on Judiciary striking amendment was adopted:
On page 2, after line 12, insert the following:
"Sec. 4. RCW 6.13.030 and 1993 c 200 s 2 are each amended to read as follows:
A homestead may consist of lands, as described in RCW 6.13.010, regardless of area, but the homestead exemption amount shall not exceed the lesser of (1) the total net value of the lands, mobile home, improvements, and other personal property, as described in RCW 6.13.010, or (2) the sum of ((thirty)) forty thousand dollars in the case of lands, mobile home, and improvements, or the sum of fifteen thousand dollars in the case of other personal property described in RCW 6.13.010, except where the homestead is subject to execution, attachment, or seizure by or under any legal process whatever to satisfy a judgment in favor of any state for failure to pay that state's income tax on benefits received while a resident of the state of Washington from a pension or other retirement plan, in which event there shall be no dollar limit on the value of the exemption."
The President declared the question before the Senate to be the adoption of the Committee on Judiciary striking amendment, as amended to House Bill No. 1233.
The motion by Senator Heavey carried and the committee striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Heavey, the following title amendments were considered simultaneously and were adopted:
On page 1, line 1 of the title, after "exemption;" strike the remainder of the title and insert "and amending RCW 6.13.010, 6.13.150, and 6.13.160."
On page 2, line 18 of the title amendment, strike "and 6.13.160" and insert "6.13.160, and 6.13.030"
On motion of Senator Heavey, the rules were suspended, House Bill No. 1233, 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. 1233, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1233, 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, Deccio, Eide, 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 Fairley - 1.
HOUSE BILL NO. 1233, 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 Honeyford, Senator Long was excused.
SECOND READING
HOUSE BILL NO. 1741, by Representatives Fortunato, Lovick and Thomas (by request of Department of Revenue)
Simplifying tax reporting by revising the active nonreporting threshold so that it parallels the small business credit.
The bill was read the second time.
MOTION
Senator Brown moved that the following amendment by Senators Brown and Hochstatter be adopted:
On page 2, after line 16, insert the following:
"NEW SECTION. Sec. 2. It is the intent of the legislature to allow the department of revenue to increase its ability to provide timely and cost-effective service to taxpayers.
Sec. 3. RCW 82.32.080 and 1997 c 156 s 3 are each amended to read as follows:
Payment of the tax may be made by uncertified check under such regulations as the department shall prescribe, but, if a check so received is not paid by the bank on which it is drawn, the taxpayer, by whom such check is tendered, shall remain liable for payment of the tax and for all legal penalties, the same as if such check had not been tendered.
Payment of the tax shall be made by electronic funds transfer, as defined in RCW 82.32.085, if the amount of the tax due in a calendar year is one million eight hundred thousand dollars or more. The department may by rule provide for tax thresholds between two hundred forty thousand dollars and one million eight hundred thousand dollars for mandatory use of electronic funds transfer. All taxes administered by this chapter are subject to this requirement except the taxes authorized by chapters 82.14A, 82.14B, 82.24, 82.27, 82.29A, and 84.33 RCW. It is the intent of this section to require electronic funds transfer for those taxes reported on the department's combined excise tax return or any successor return.
A return or remittance which is transmitted to the department by United States mail shall be deemed filed or received on the date shown by the post office cancellation mark stamped upon the envelope containing it, except as otherwise provided in this chapter. The department is authorized to allow electronic filing of returns or remittances from any taxpayer. A return or remittance which is transmitted to the department electronically shall be deemed filed or received according to procedures set forth by the department.
The department, for good cause shown, may extend the time for making and filing any return, and may grant such reasonable additional time within which to make and file returns as it may deem proper, but any permanent extension granting the taxpayer a reporting date without penalty more than ten days beyond the due date, and any extension in excess of thirty days shall be conditional on deposit with the department of an amount to be determined by the department which shall be approximately equal to the estimated tax liability for the reporting period or periods for which the extension is granted. In the case of a permanent extension or a temporary extension of more than thirty days the deposit shall be deposited within the state treasury with other tax funds and a credit recorded to the taxpayer's account which may be applied to taxpayer's liability upon cancellation of the permanent extension or upon reporting of the tax liability where an extension of more than thirty days has been granted.
The department shall review the requirement for deposit at least annually and may require a change in the amount of the deposit required when it believes that such amount does not approximate the tax liability for the reporting period or periods for which the extension is granted.
The department shall keep full and accurate records of all funds received and disbursed by it. Subject to the provisions of RCW 82.32.105 and 82.32.350, the department shall apply the payment of the taxpayer first against penalties and interest, and then upon the tax, without regard to any direction of the taxpayer.
The department may refuse to accept any return which is not accompanied by a remittance of the tax shown to be due thereon. When such return is not accepted, the taxpayer shall be deemed to have failed or refused to file a return and shall be subject to the procedures provided in RCW 82.32.100 and to the penalties provided in RCW 82.32.090. The above authority to refuse to accept a return shall not apply when a return is timely filed and a timely payment has been made by electronic funds transfer."
Renumber the remaining sections and correct internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Brown and Hochstatter on page 2, after line 16, to House Bill No. 1741.
The motion by Senator Brown carried and the amendment was adopted.
MOTIONS
On motion of Senator Brown, the following title amendment was adopted:
On page 1, on line 3 of the title, after "RCW 82.32.045" insert "and RCW 82.32.080; creating a new section"
On motion of Senator Goings, the rules were suspended, House Bill No. 1741, 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. 1741, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1741, 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, Deccio, Eide, 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 Fairley - 1.
HOUSE BILL NO. 1741, 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. 1677, by House Committee on Agriculture and Ecology (originally sponsored by Representatives B. Chandler, Grant, G. Chandler, Linville, Mastin, Delvin and Parlette)
Changing irrigation district provisions.
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:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 87.03 RCW to read as follows:
(1) Any irrigation district organized under this chapter may, for compensation, reimbursement, or otherwise, within limits established by the state Constitution, assist the owners of land receiving water distributed by the irrigation district or discharging, with the district's approval, water from the land into irrigation district-maintained facilities to finance, acquire, install, lease, and use equipment, fixtures, programs, and systems to conserve, improve, preserve, and efficiently use the land, water delivered by the irrigation district, or water discharged from the land into irrigation district-maintained facilities. Assistance may include, but is not limited to, grants, loans, and financing to purchase, lease, install, and use approved conservation, improvement, and preservation equipment, fixtures, programs, and systems. The equipment, fixtures, programs, and systems may be leased, purchased, or installed by a private business, the owner of the land, or the irrigation district. "Conserve," "improve," and "preserve" as used in this section, include enhancing the quality of water delivered by the irrigation district or discharged from the land into irrigation district-maintained facilities.
(2) The district may charge the owner and the land if district money or credit is used or extended to provide the assistance in subsection (1) of this section. The district's board of directors may also levy and fix assessments, rates, tolls, and charges and collect them from all persons for whom, and all land on which, district money or credit is provided, or the board may require landowner repayment for landowner assistance by assessments, charges, rates, or tolls in the same manner as provided by RCW 87.03.445.
NEW SECTION. Sec. 2. A new section is added to chapter 87.03 RCW to read as follows:
(1) Purchases of any materials, supplies, or equipment by the district shall be based on competitive bids except as provided in RCW 87.03.435 and 39.04.280. A formal sealed bid procedure shall be used as standard procedure for the purchases made by irrigation districts. However, the board may by resolution adopt a policy to waive formal sealed bidding procedures for purchases of any materials, supplies, or equipment for an amount set by the board not to exceed ten thousand dollars for each purchase.
(2) The directors may by resolution adopt a policy to use the process provided in RCW 39.04.190 for purchases of materials, supplies, or equipment when the estimated cost is between the amount established by the board under subsection (1) of this section and a maximum amount set by resolution adopted by the board for purchases up to fifty thousand dollars exclusive of sales tax."
MOTIONS
On motion of Senator Rasmussen, the following title amendment was adopted:
On page 1, line 1 of the title, after "districts;" strike the remainder of the title and insert "and adding new sections to chapter 87.03 RCW."
On motion of Senator Rasmussen, the rules were suspended, Substitute House Bill No. 1677, 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. 1677, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1677, 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.
SUBSTITUTE HOUSE BILL NO. 1677, 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 Honeyford, Senator Swecker was excused.
SECOND READING
HOUSE BILL NO. 1549, by Representatives G. Chandler, Linville, Mastin, Schoesler, Koster and Fortunato
Requiring the department of ecology to extend the time for work under a permit if water use has been prevented or restricted due to federal or state laws.
The bill was read the second time.
MOTION
Senator Fraser moved that the following Committee on Environmental Quality and Water Resources striking amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 90.03.320 and 1997 c 445 s 3 are each amended to read as follows:
Actual construction work shall be commenced on any project for which permit has been granted within such reasonable time as shall be prescribed by the department, and shall thereafter be prosecuted with diligence and completed within the time prescribed by the department. The department, in fixing the time for the commencement of the work, or for the completion thereof and the application of the water to the beneficial use prescribed in the permit, shall take into consideration the cost and magnitude of the project and the engineering and physical features to be encountered, and shall allow such time as shall be reasonable and just under the conditions then existing, having due regard for the public welfare and public interests affected((: and, for good cause shown, it)). For good cause shown, the department shall extend the time or times fixed as aforesaid, and shall grant such further period or periods as may be reasonably necessary, having due regard to the good faith of the applicant and the public interests affected. Good cause includes prevention or restriction of water use by operation of federal laws for the time or times fixed for commencing work, completing work, and applying water to beneficial use otherwise authorized under a water right permit issued for a federal reclamation project. In fixing construction schedules and the time, or extension of time, for application of water to beneficial use for municipal water supply purposes, the department shall also take into consideration the term and amount of financing required to complete the project, delays that may result from planned and existing conservation and water use efficiency measures implemented by the public water system, and the supply needs of the public water system's service area, consistent with an approved comprehensive plan under chapter 36.70A RCW, or in the absence of such a plan, a county-approved comprehensive plan under chapter 36.70 RCW or a plan approved under chapter 35.63 RCW, and related water demand projections prepared by public water systems in accordance with state law. An existing comprehensive plan under chapter 36.70A or 36.70 RCW, plan under chapter 35.63 RCW, or demand projection may be used. If the terms of the permit or extension thereof, are not complied with the department shall give notice by registered mail that such permit will be canceled unless the holders thereof shall show cause within sixty days why the same should not be so canceled. If cause is not shown, the permit shall be canceled.
"Debate ensued.
The President declared the question before the Senate to be the adoption of the Committee on Environmental Quality and Water Resources striking amendment to House Bill No. 1549.
The motion by Senator Fraser carried and the committee striking amendment was adopted.
MOTIONS
On motion of Senator Fraser, the following title amendment was adopted:
On page 1, line 2 of the title, after "permits;" strike the remainder of the title and insert "and amending RCW 90.03.320."
On motion of Senator Fraser, the rules were suspended, House Bill No. 1549, 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. 1549, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1549, 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, 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, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.
Excused: Senator Swecker - 1.
HOUSE BILL NO. 1549, 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 Loveland was excused.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1245, by House Committee on State Government (originally sponsored by Representatives Morris, Dunn and Rockefeller) (by request of Department of Community, Trade, and Economic Development)
Exempting certain financial and proprietary information from public disclosure.
The bill was read the second time.
MOTION
On motion of Senator Patterson, the rules were suspended, Engrossed Substitute House Bill No. 1245 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1245.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1245 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, 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, Snyder, Spanel, Stevens, West, Winsley, Wojahn and Zarelli - 45.
Voting nay: Senators Heavey and Thibaudeau - 2.
Excused: Senators Loveland and Swecker - 2.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1245, 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. 1251, by House Committee on State Government (originally sponsored by Representatives Miloscia, Ericksen, O'Brien, Cooper, D. Schmidt, Bush, Esser, Kessler, Poulsen, McIntire, Lambert, H. Sommers, Wood, Conway, Rockefeller, Fortunato and Lantz) (by request of Governor Locke)
Eliminating and consolidating boards, commissions, and programs.
The bill was read the second time.
MOTION
On motion of Senator Patterson, the rules were suspended, Substitute House Bill No. 1251 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. 1251.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1251 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, 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, Snyder, Spanel, Stevens, West, Winsley, Wojahn and Zarelli - 46.
Excused: Senators Loveland, Swecker and Thibaudeau - 3.
SUBSTITUTE HOUSE BILL NO. 1251, 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. 1871, by House Committee on Appropriations (originally sponsored by Representatives Linville, Ericksen, Regala, Reardon, Buck, Cooper, Clements and G. Chandler)
Creating the salmon stamp programs.
The bill was read the second time.
MOTION
Senator Jacobsen moved that the following Committee on Natural Resources, Parks and Recreation striking amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that salmon recovery in Washington state will involve everyone and will require funds to accomplish recovery measures. Several species of salmon in Washington are, or are expected to be, listed as threatened or endangered under the federal endangered species act. At present, these species include chinook, chum, bull trout and coho. To bring attention to the importance of the recovery of salmon and their place in Washington's heritage, raise funds for salmon recovery projects, and involve citizens of all ages, the Washington salmon stamp and Washington junior salmon stamp programs are created.
NEW SECTION. Sec. 2. The definitions in this section apply throughout sections 2 through 7 of this act unless the context clearly requires otherwise.
(1) "Salmon" means all species of the genus Oncorhynchus, dolly varden trout, bull trout, cutthroat trout, and steelhead trout.
(2) "Department" means the department of fish and wildlife.
(3) "Committee" means the salmon stamp selection committee created in section 5 of this act.
(4) "Stamp" means the stamp created under the Washington salmon stamp program and the Washington junior salmon stamp program, created in sections 2 through 7 of this act.
NEW SECTION. Sec. 3. (1) The Washington salmon stamp program is created in the department. The purpose of the program is the creation of a stamp that will portray a salmonid species native to Washington and will be used for stamps, prints, and posters that can be sold in a wide range of prices and editions to appeal to citizens and collectors interested in supporting salmon restoration. The proceeds from the sale of the Washington salmon stamp shall be used for protection, preservation, and restoration of salmonid habitat in Washington.
(2) Every year the department will announce competition, open to all Washington artists, for the creation of the year's Washington salmon stamp. The department will market the stamp and prints through a wide distribution method including web sites, license sites, and at public events.
(3) The winning artist will receive a monetary award and a certain number of artist proof prints.
NEW SECTION. Sec. 4. (1) The Washington junior salmon stamp program is created in the department. The purpose of the program is the creation of a stamp that will portray a salmonid species native to Washington and will be used for stamps, prints, and posters that can be sold in a wide range of prices and editions to appeal to citizens and collectors interested in supporting salmon restoration.
(2) Every year the department will announce a competition for the Washington junior salmon stamp program among Washington K-12 students. The top winner will receive a scholarship award.
NEW SECTION. Sec. 5. The salmon stamp selection committee is created. The committee is comprised of five individuals selected by the governor who will judge and select the winning entrant for the Washington salmon stamp program and Washington junior salmon stamp program. The governor will select names from a collection of names forwarded from the department and from the state arts commission in the following categories: Artist, not competing in the salmon stamp program; art collector; fish biologist; printer; and public school teacher.
NEW SECTION. Sec. 6. All receipts from the salmon stamp program created under sections 2 through 7 of this act must be deposited into the regional fisheries enhancement salmonid recovery account created under RCW 75.50.125, except that an amount equal to the department's cost of accomplishing the program shall be deposited into the wildlife fund. The department shall report biennially to the legislature on the amount of money the salmon stamp program has generated.
NEW SECTION. Sec. 7. The department is granted the authority to establish by rule the method for selecting appropriate designs for the Washington salmon stamp program and Washington junior salmon stamp program. The stamp shall be designed and produced in accordance with department rules.
Sec. 8. RCW 75.50.125 and 1997 c 389 s 3 are each amended to read as follows:
The regional fisheries enhancement salmonid recovery account is created in the state treasury. All receipts from federal sources and moneys from state sources specified by law must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used for the ((sole)) purposes of fisheries enhancement and habitat restoration by regional fisheries enhancement groups, and this act.
NEW SECTION. Sec. 9. Sections 2 through 7 of this act are each added to chapter 77.12 RCW."
MOTION
On motion of Senator Rossi, the following amendment by Senators Rossi, Jacobsen, Haugen, Patterson and Hochstatter to the Committee on Natural Resources, Parks and Recreation striking was adopted:
On page 3, after line 16, insert the following:
"NEW SECTION. Sec. 10. A new section is added to chapter 46.16 RCW to read as follows:
The department, the Washington state patrol, and the department of fish and wildlife shall jointly create, design, and issue a special salmon license plate that may be used in lieu of regular or personalized license plates for motor vehicles required to display two motor vehicle license plates, excluding vehicles registered under chapter 46.87 RCW, upon terms and conditions established by the department. The special plates will observe the importance of salmonid to Washington state and help fund the restoration of salmon and steelhead species listed under the federal Endangered Species Act.
NEW SECTION. Sec. 11. A new section is added to chapter 75.46 RCW to read as follows:
The salmon species enrichment license fees account is created in the state treasury. All receipts from salmon species enrichment license fees, less the administration and collection costs incurred by the department under RCW 46.16.313 (6) and (7) must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the preservation, protection, perpetuation, education, and enhancement of salmon species.
NEW SECTION. Sec. 12. A new section is added to chapter 75.46 RCW to read as follows:
(1) On an annual basis, the department of fish and wildlife shall solicit, from the public and private sector, proposed salmon preservation, protection, perpetuation, education, and enhancement projects and prioritize projects it recommends for funding from the salmon species enrichment license fees account by giving preference to projects that:
(a) Provide a greater benefit to salmon recovery;
(b) Will be implemented in a more critical area;
(c) Are the most cost-effective;
(d) Have the greatest matched or in-kind funding; and
(e) Will be implemented by a sponsor with a successful record of implementation.
(2) In selecting such projects, the department shall attempt to assure a geographical balance in assigning priorities to projects.
(3) On an annual basis, the department shall report to the legislature on its selection process and the projects recommended for funding. The legislature, in its sole discretion, shall select and make appropriations for salmon preservation, protection, perpetuation, education, and enhancement projects from the salmon species enrichment license fees account.
(4) The department may adopt rules necessary to implement this section.
Sec. 13. RCW 46.16.313 and 1997 c 291 s 8 are each amended to read as follows:
(1) The department may establish a fee for each type of special license plates issued under RCW 46.16.301(1) (a), (b), or (c), as existing before amendment by section 5, chapter 291, Laws of 1997, in an amount calculated to offset the cost of production of the special license plates and the administration of this program. Until December 31, 1997, the fee shall not exceed thirty-five dollars, but effective with vehicle registrations due or to become due on January 1, 1998, the department may adjust the fee to no more than forty dollars. This fee is in addition to all other fees required to register and license the vehicle for which the plates have been requested. All such additional special license plate fees collected by the department shall be deposited in the state treasury and credited to the motor vehicle fund.
(2) ((Until December 31, 1997, in addition to all fees and taxes required to be paid upon application, registration, and renewal registration of a motor vehicle, the holder of a collegiate license plate shall pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds, minus the cost of plate production, shall be remitted to the custody of the state treasurer with a proper identifying detailed report. The state treasurer shall credit the funds to the appropriate collegiate license plate fund as provided in RCW 28B.10.890.
(3) Effective with vehicle registrations due or to become due on January 1, 1998,)) In addition to all fees and taxes required to be paid upon application and registration of a motor vehicle, the holder of a collegiate license plate shall pay an initial fee of forty dollars. The department shall deduct an amount not to exceed twelve dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds shall be remitted to the custody of the state treasurer with a proper identifying detailed report. The state treasurer shall credit the funds to the appropriate collegiate license plate fund as provided in RCW 28B.10.890.
(((4) Effective with annual renewals due or to become due on January 1, 1999,)) (3) In addition to all fees and taxes required to be paid upon renewal of a motor vehicle registration, the holder of a collegiate license plate shall pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds shall be remitted to the custody of the state treasurer with a proper identifying detailed report. The state treasurer shall credit the funds to the appropriate collegiate license plate fund as provided in RCW 28B.10.890.
(((5))) (4) In addition to all fees and taxes required to be paid upon application and registration of a motor vehicle, the holder of a special baseball stadium license plate shall pay an initial fee of forty dollars. The department shall deduct an amount not to exceed twelve dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds, minus the cost of plate production, shall be distributed to a county for the purpose of paying the principal and interest payments on bonds issued by the county to construct a baseball stadium, as defined in RCW 82.14.0485, including reasonably necessary preconstruction costs, while the taxes are being collected under RCW 82.14.360. After this date, the state treasurer shall credit the funds to the state general fund.
(((6) Effective with annual renewals due or to become due on January 1, 1999,)) (5) In addition to all fees and taxes required to be paid upon renewal of a motor vehicle registration, the holder of a special baseball stadium license plate shall pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds shall be distributed to a county for the purpose of paying the principal and interest payments on bonds issued by the county to construct a baseball stadium, as defined in RCW 82.14.0485, including reasonably necessary preconstruction costs, while the taxes are being collected under RCW 82.14.360. After this date, the state treasurer shall credit the funds to the state general fund.
(6) Effective with vehicle registrations due or to become due on January 1, 2000, in addition to all fees and taxes required to be paid upon application and registration of a motor vehicle, the holder of a salmon license plate shall pay an initial fee of forty dollars. The department shall deduct an amount not to exceed twelve dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The department shall remit the remaining proceeds to the custody of the state treasurer with a proper identifying detailed report. The state treasurer shall credit the funds to the salmon species enrichment license fees account.
(7) Effective with annual renewals due or to become due on January 1, 2000, in addition to all fees and taxes required to be paid upon renewal of a motor vehicle registration, the holder of a salmon license plate shall pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The department shall remit the remaining proceeds to the custody of the state treasurer with a proper identifying detailed report. The state treasurer shall credit the funds to the salmon species enrichment license fees account.
Sec. 14. RCW 46.16.233 and 1997 c 291 s 2 are each amended to read as follows:
Except for those license plates issued under RCW 46.16.305(1) before January 1, 1987, under RCW 46.16.305(3), under section 1 of this act, and to commercial vehicles with a gross weight in excess of twenty-six thousand pounds, effective with vehicle registrations due or to become due on January 1, 2001, all vehicle license plates must be issued on a standard background, as designated by the department. Additionally, to ensure maximum legibility and reflectivity, the department shall periodically provide for the replacement of license plates. Frequency of replacement shall be established in accordance with empirical studies documenting the longevity of the reflective materials used to make license plates.
Sec. 15. RCW 46.16.290 and 1997 c 291 s 4 are each amended to read as follows:
In any case of a valid sale or transfer of the ownership of any vehicle, the right to the certificates properly transferable therewith, except as provided in RCW 46.16.280, and to the vehicle license plates passes to the purchaser or transferee. It is unlawful for the holder of such certificates, except as provided in RCW 46.16.280, or vehicle license plates to fail, neglect, or refuse to endorse the certificates and deliver the vehicle license plates to the purchaser or transferee. If the sale or transfer is of a vehicle licensed by the state or any county, city, town, school district, or other political subdivision entitled to exemption as provided by law, or, if the vehicle is licensed with personalized plates, amateur radio operator plates, medal of honor plates, disabled person plates, disabled veteran plates, prisoner of war plates, salmon plates, or other special license plates issued under RCW 46.16.301 as it existed before amendment by section 5, chapter 291, Laws of 1997, the vehicle license plates therefor shall be retained and may be displayed upon a vehicle obtained in replacement of the vehicle so sold or transferred.
"The President declared the question before the Senate to be the adoption of the Committee on Natural Resources, Parks and Recreation striking amendment, as amended, to Second Substitute House Bill No. 1871.
The motion by Senator Jacobsen carried and the committee striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Jacobsen, the following title amendments were considered simultaneously and were adopted:
On page 1, line 1 of the title, after "stamps;" strike the remainder of the title and insert "amending RCW 75.50.125; adding new sections to chapter 77.12 RCW; and creating a new section."
On page 3, on line 20 of the title amendment, after "stamps" strike the remainder of the title amendment and insert "and salmon species enrichment license plates; amending RCW 75.50.125, 46.16.313, 46.16.233, and 46.16.290; adding a new section to chapter 46.16 RCW; adding new sections to chapter 77.12 RCW; adding new sections to chapter 75.46 RCW; and creating a new section."
On motion of Senator Jacobsen, the rules were suspended, Second Substitute House Bill No. 1871, 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 Second Substitute House Bill No. 1871, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute House Bill No. 1871, 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, 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, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.
Excused: Senators Loveland and Swecker - 2.
SECOND SUBSTITUTE HOUSE BILL NO. 1871, 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 Deccio, Senator Hale was excused.
MOTION
On motion of Senator Franklin, Senator Patterson was excused.
SECOND READING
HOUSE BILL NO. 1050, by Representatives Conway and Clements (by request of Department of Labor and Industries)
Relieving the department of labor and industries of the duties of coal mine inspection.
The bill was read the second time.
MOTION
On motion of Senator Fairley, the rules were suspended, House Bill No. 1050 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. 1050.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1050 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.
Excused: Senators Hale, Loveland, Patterson and Swecker - 4.
HOUSE BILL NO. 1050, 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 Deccio was excused.
MOTION
On motion of Senator Franklin, Senator Thibaudeau was excused.
SECOND READING
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1143, by House Committee on Appropriations (originally sponsored by Representatives O'Brien, Ballasiotes, Tokuda, Cairnes, Lovick, Kagi, Koster, Constantine, K. Schmidt, Kastama, Fisher, Quall, Kenney, Veloria, Eickmeyer, Kessler, Lantz, Ogden, Murray, Lambert, Dunn, Rockefeller and Conway)
Authorizing deductions from inmate funds.
The bill was read the second time.
MOTION
Senator Hargrove moved that the following Committee on Human Services and Corrections striking amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 72.09.480 and 1998 c 261 s 2 are each amended to read as follows:
(1) Unless the context clearly requires otherwise, the definitions in this section apply to this section.
(a) "Cost of incarceration" means the cost of providing an inmate with shelter, food, clothing, transportation, supervision, and other services and supplies as may be necessary for the maintenance and support of the inmate while in the custody of the department, based on the average per inmate costs established by the department and the office of financial management.
(b) "Minimum term of confinement" means the minimum amount of time an inmate will be confined in the custody of the department, considering the sentence imposed and adjusted for the total potential earned early release time available to the inmate.
(2) When an inmate, except as provided in subsection (6) of this section, receives any funds in addition to his or her wages or gratuities, the additional funds shall be subject to the deductions in RCW 72.09.111(1)(a) and the priorities established in chapter 72.11 RCW.
(3) The amount deducted from an inmate's funds under subsection (2) of this section shall not exceed the department's total cost of incarceration for the inmate incurred during the inmate's minimum or actual term of confinement, whichever is longer.
(4) The deductions required under subsection (2) of this section shall not apply to funds received by the department on behalf of an offender for payment of one fee-based education or vocational program that is associated with an inmate's work program or a placement decision made by the department under RCW 72.09.460 to prepare an inmate for work upon release.
(5) The deductions required under subsection (2) of this section shall not apply to any money received by the department, on behalf of an inmate, from family or other outside sources for the payment of postage expenses. Money received under this subsection may only be used for the payment of postage expenses and may not be transferred to any other account or purpose. Money that remains unused in the inmate's postage fund at the time of release shall be subject to the deductions outlined in subsection (2) of this section.
(6) When an inmate sentenced to life imprisonment without possibility of release or parole, or to death under chapter 10.95 RCW, receives any funds in addition to his or her gratuities, the additional funds shall be subject to: Deductions of five percent to the public safety and education account for the purpose of crime victims' compensation and twenty percent to the department to contribute to the cost of incarceration.
(7) The secretary shall deposit inmate savings account funds deducted pursuant to this section and RCW 72.09.111 into an interest bearing account and each inmate shall receive the interest on his or her account at a rate not less than the passbook savings rate. The interest earned on an inmate savings account shall be exempt from the mandatory deductions under this section and RCW 72.09.111.
Sec. 2. RCW 72.09.111 and 1994 sp.s. c 7 s 534 are each amended to read as follows:
(1) The secretary shall deduct from the gross wages or gratuities of each inmate working in correctional industries work programs, taxes and legal financial obligations. The secretary shall develop a formula for the distribution of offender wages and gratuities.
(a) The formula shall include the following minimum deductions from class I gross wages and from all others earning at least minimum wage:
(i) Five percent to the public safety and education account for the purpose of crime victims' compensation;
(ii) Ten percent to a department personal inmate savings account; and
(iii) Twenty percent to the department to contribute to the cost of incarceration.
(b) The formula shall include the following minimum deductions from class II gross gratuities:
(i) Five percent to the public safety and education account for the purpose of crime victims' compensation;
(ii) Ten percent to a department personal inmate savings account; and
(iii) Fifteen percent to the department to contribute to the cost of incarceration.
(c) The formula shall include the following minimum deduction from class IV gross gratuities: Five percent to the department to contribute to the cost of incarceration.
(d) The formula shall include the following minimum deductions from class III gratuities: Five percent for the purpose of crime victims' compensation.
Any person sentenced to life imprisonment without possibility of release or parole under chapter 10.95 RCW or sentenced to death shall be exempt from the requirement under (a)(ii) or (b)(ii) of this subsection.
The department personal inmate savings account, together with any accrued interest, shall only be available to an inmate at the time of his or her release from confinement, unless the secretary determines that an emergency exists for the inmate, at which time the funds can be made available to the inmate in an amount determined by the secretary. The management of classes I, II, and IV correctional industries may establish an incentive payment for offender workers based on productivity criteria. This incentive shall be paid separately from the hourly wage/gratuity rate and shall not be subject to the specified deduction for cost of incarceration.
In the event that the offender worker's wages or gratuity is subject to garnishment for support enforcement, the crime victims' compensation, savings, and cost of incarceration deductions shall be calculated on the net wages after taxes, legal financial obligations, and garnishment.
(2) The department shall explore other methods of recovering a portion of the cost of the inmate's incarceration and for encouraging participation in work programs, including development of incentive programs that offer inmates benefits and amenities paid for only from wages earned while working in a correctional industries work program.
(3) The department shall develop the necessary administrative structure to recover inmates' wages and keep records of the amount inmates pay for the costs of incarceration and amenities. All funds deducted from inmate wages under subsection (1) of this section for the purpose of contributions to the cost of incarceration shall be deposited in a dedicated fund with the department and shall be used only for the purpose of enhancing and maintaining correctional industries work programs ((until December 31, 2000, and thereafter all such funds shall be deposited in the general fund)).
(4) The expansion of inmate employment in class I and class II correctional industries shall be implemented according to the following schedule:
(a) Not later than June 30, 1995, the secretary shall achieve a net increase of at least two hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;
(b) Not later than June 30, 1996, the secretary shall achieve a net increase of at least four hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;
(c) Not later than June 30, 1997, the secretary shall achieve a net increase of at least six hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;
(d) Not later than June 30, 1998, the secretary shall achieve a net increase of at least nine hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;
(e) Not later than June 30, 1999, the secretary shall achieve a net increase of at least one thousand two hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;
(f) Not later than June 30, 2000, the secretary shall achieve a net increase of at least one thousand five hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994.
(5) It shall be in the discretion of the secretary to apportion the inmates between class I and class II depending on available contracts and resources."
MOTION
Senator Kohl-Welles moved that the following amendments by Senators Kohl-Welles, Long, Costa and Hargrove to the Committee on Human Services and Corrections striking amendment be considered simultaneously and be adopted:
On page 1, after line 20, insert the following:
"(c) "Program" means any series of courses or classes necessary to achieve a proficiency standard, certificate, or postsecondary degree."
On page 1, after line 35, insert the following:
"An inmate may, prior to the completion of the fee-based education or vocational program authorized under this subsection, apply to a person designated by the secretary for permission to make a change in his or her program. The secretary, or his or her designee, may approve the application based solely on the following criteria: (a) The inmate has been transferred to another institution by the department for reasons unrelated to education or a change to a higher security classification and the offender's current program is unavailable in the offender's new placement; (b) the inmate entered an academic program as an undeclared major and wishes to declare a major. No inmate may apply for more than one change to his or her major and receive the exemption from deductions specified in this subsection; (c) the educational or vocational institution is terminating the inmate's current program; or (d) the offender's training or education has demonstrated that the current program is not the appropriate program to assist the offender to achieve a placement decision made by the department under RCW 72.09.460 to prepare the inmate for work upon release."
POINT OF INQUIRY
Senator Zarelli: “Senator Kohl-Welles, would this amendment, in any way, provide for an exemption for inmate's education concerning the withheld monies--what the underlying bill deals with?”
Senator Kohl-Welles: “Senator Zarelli, I am not sure exactly what you are asking, but right now in statute, we have an exemption for one educational program and we are not sure what that means, in terms of program. This would clarify that definition.”
Senator Zarelli: “Thank you.”
The President declared the question before the Senate to be the adoption of the amendments by Senators Kohl-Wells, Long, Costa and Hargrove on page 1, after line 20, and page 1, after line 35, to the Committee on Human Services and Corrections striking amendment to Engrossed Second Substitute House Bill No. 1143.
The motion by Senator Kohl-Welles carried and the amendments to the committee striking amendment were adopted.
MOTION
On motion of Senator Hargrove, the following amendments by Senators Hargrove and Long to the Committee on Human Services and Corrections striking amendments were considered simultaneously and were adopted:
On page 2, line 16 of the amendment, after "(7)", strike everything through "savings rate." on line 19
On page 2, line 20 of the amendment, after "account" insert "created as a result of the plan in section 3 of this act"
On page 4, after line 36 of the amendment, insert the following:
"NEW SECTION. Sec. 3. The secretary of corrections shall prepare a plan for depositing inmate savings account funds into an interest bearing account. The plan shall assume that the funds shall be deposited into a commingled account for all inmates and that the interest shall be paid in a manner pro rata to the inmate's share of the total deposits. The secretary shall present the plan to the governor and the legislature not later than December 1, 1999. The plan shall minimize the costs of administering the account and the inmates shall receive interest at a rate not less than the passbook savings rate."
MOTION
Senator Sheahan moved that the following amendment by Senators Sheahan, Johnson, Long, Costa, Hargrove and Goings to the Committee on Human Services and Corrections striking amendment be adopted:
On page 4, after line 36 of the amendment, insert the following:
"NEW SECTION. Sec. 3. A new section is added to chapter 70.48 RCW to read as follows:
A governing unit may require that each person who is booked at a city, county, or regional jail pay a fee of ten dollars to the sheriff's department of the county or police chief of the city in which the jail is located. The fee is payable immediately from any money then possessed by the person being booked, or any money deposited with the sheriff's department or city jail administration on the person's behalf. If the person has no funds at the time of booking or during the period of incarceration, the sheriff or police chief may notify the court in the county or city where the charges related to the booking are pending, and may request the assessment of the fee. Unless the person is held on other criminal matters, if the person is not charged, is acquitted, or if all charges are dismissed, the sheriff or police chief shall return the fee to the person at the last known address listed in the booking records.
"Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Sheahan, Johnson, Long, Costa, Hargrove and Goings on page 4, after line 36, to the Committee on Human Services and Corrections striking amendment to Engrossed Second Substitute House Bill No. 1143.
The motion by Senator Sheahan carried and the amendment to the committee striking amendment was adopted.
The President declared the question before the Senate to be the adoption of the Committee on Human Services and Corrections striking amendment, as amended, to Engrossed Second Substitute House Bill No. 1143.
The committee striking amendment, as amended, was adopted.
MOTION
On motion of Senator Zarelli, the following title amendments were considered simultaneously and were adopted:
On page 1, line 1 of the title, after "funds;" strike the remainder of the title and insert "and amending RCW 72.09.480 and 72.09.111."
On page 5, line 5 of the amendment, after "insert" strike the remainder of the title amendment and insert "amending RCW 72.09.480 and 72.09.111; and adding a new section to chapter 70.48 RCW."
On page 5, line 5 of the title amendment, before "amending" strike "and" and after "72.09.111" insert "; and creating a new section"
MOTION
On motion of Senator Hargrove, the rules were suspended, Engrossed Second Substitute House Bill No. 1143, 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. 1143, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 1143, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, West, Winsley, Wojahn and Zarelli - 43.
Excused: Senators Deccio, Hale, Loveland, Patterson, Swecker and Thibaudeau - 6.
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1143, 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. 1154, by Representatives Cooper, Delvin, Edmonds, Conway, Wood, Dunshee, Gombosky, Doumit, Hatfield, Kenney and Cody
Eliminating the time limit on regular tax levies for medical care and services.
The bill was read the second time.
MOTION
Senator Goings moved that the following striking amendment by Senators Goings, Swecker, McCaslin, Benton, Fraser, Costa, Roach, Haugen, Snyder and Zarelli be adopted:
On page 1, strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 84.52.069 and 1995 c 318 s 9 are each amended to read as follows:
(1) As used in this section, "taxing district" means a county, emergency medical service district, city or town, public hospital district, urban emergency medical service district, or fire protection district.
(2) A taxing district may impose additional regular property tax levies in an amount equal to fifty cents or less per thousand dollars of the assessed value of property in the taxing district ((in each year for six consecutive years when specifically authorized so to do)). The tax shall be imposed (a) each year for six consecutive years, (b) each year for ten consecutive years, or (c) permanently. A tax levy under this section must be specifically authorized by a majority of at least three-fifths of the registered voters thereof approving a proposition authorizing the levies submitted at a general or special election, at which election the number of persons voting "yes" on the proposition shall constitute three-fifths of a number equal to forty percent of the total number of voters voting in such taxing district at the last preceding general election when the number of registered voters voting on the proposition does not exceed forty percent of the total number of voters voting in such taxing district in the last preceding general election; or by a majority of at least three-fifths of the registered voters thereof voting on the proposition when the number of registered voters voting on the proposition exceeds forty percent of the total number of voters voting in such taxing district in the last preceding general election. Ballot propositions shall conform with RCW 29.30.111. A taxing district shall not submit to the voters at the same election multiple propositions to impose a levy under this section.
(3) A taxing district imposing a permanent levy under this section shall provide for separate accounting of expenditures of the revenues generated by the levy. The taxing district shall maintain a statement of the accounting which shall be updated at least every two years and shall be available to the public upon request at no charge.
(4) A taxing district imposing a permanent levy under this section shall provide for a referendum procedure to apply to the ordinance or resolution imposing the tax. This referendum procedure shall specify that a referendum petition may be filed at any time with a filing officer, as identified in the ordinance or resolution. Within ten days, the filing officer shall confer with the petitioner concerning form and style of the petition, issue the petition an identification number, and secure an accurate, concise, and positive ballot title from the designated local official. The petitioner shall have thirty days in which to secure the signatures of not less than fifteen percent of the registered voters of the taxing district, as of the last general election, upon petition forms which contain the ballot title and the full text of the measure to be referred. The filing officer shall verify the sufficiency of the signatures on the petition and, if sufficient valid signatures are properly submitted, shall certify the referendum measure to the next election within the taxing district if one is to be held within one hundred eighty days from the date of filing of the referendum petition, or at a special election to be called for that purpose in accordance with RCW 29.13.020.
The referendum procedure provided in this subsection shall be exclusive in all instances for any taxing district imposing the tax under this section and shall supersede the procedures provided under all other statutory or charter provisions for initiative or referendum which might otherwise apply.
(((3))) (5) Any tax imposed under this section shall be used only for the provision of emergency medical care or emergency medical services, including related personnel costs, training for such personnel, and related equipment, supplies, vehicles and structures needed for the provision of emergency medical care or emergency medical services.
(((4))) (6) If a county levies a tax under this section, no taxing district within the county may levy a tax under this section. No other taxing district may levy a tax under this section if another taxing district has levied a tax under this section within its boundaries: PROVIDED, That if a county levies less than fifty cents per thousand dollars of the assessed value of property, then any other taxing district may levy a tax under this section equal to the difference between the rate of the levy by the county and fifty cents: PROVIDED FURTHER, That if a taxing district within a county levies this tax, and the voters of the county subsequently approve a levying of this tax, then the amount of the taxing district levy within the county shall be reduced, when the combined levies exceed fifty cents. Whenever a tax is levied county-wide, the service shall, insofar as is feasible, be provided throughout the county: PROVIDED FURTHER, That no county-wide levy proposal may be placed on the ballot without the approval of the legislative authority of each city exceeding fifty thousand population within the county: AND PROVIDED FURTHER, That this section and RCW 36.32.480 shall not prohibit any city or town from levying an annual excess levy to fund emergency medical services: AND PROVIDED, FURTHER, That if a county proposes to impose tax levies under this section, no other ballot proposition authorizing tax levies under this section by another taxing district in the county may be placed before the voters at the same election at which the county ballot proposition is placed: AND PROVIDED FURTHER, That any taxing district emergency medical service levy that is limited in duration and that is authorized subsequent to a county emergency medical service levy that is limited in duration, shall expire concurrently with the county emergency medical service levy.
(((5))) (7) The limitations in RCW 84.52.043 shall not apply to the tax levy authorized in this section.
(((6))) (8) If a ballot proposition approved under subsection (2) of this section did not impose the maximum allowable levy amount authorized for the taxing district under this section, any future increase up to the maximum allowable levy amount must be specifically authorized by the voters in accordance with subsection (2) of this section at a general or special election.
(9) The limitation in RCW 84.55.010 shall not apply to the first levy imposed pursuant to this section following the approval of such levy by the voters pursuant to subsection (2) of this section.
Sec. 2. RCW 29.30.111 and 1984 c 131 s 3 are each amended to read as follows:
(1) The ballot proposition authorizing a taxing district to impose the regular property tax levies authorized in RCW 36.69.145, 67.38.130, or 84.52.069 shall contain in substance the following:
"Shall the . . . . . . (insert the name of the taxing district) be authorized to impose regular property tax levies of . . . . . . (insert the maximum rate) or less per thousand dollars of assessed valuation for each of . . . . . . (insert the maximum number of years allowable) consecutive years?
Yes. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . □
No . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . □"
Each voter shall indicate either "Yes" or "No" on his or her ballot in accordance with the procedures established under this title.
(2) The ballot proposition authorizing a taxing district to impose a permanent regular tax levy under RCW 84.52.069 shall contain the following:
"Shall the . . . . . (insert the name of the taxing district) be authorized to impose a PERMANENT regular property levy of . . . . . (insert the maximum rate) or less per thousand dollars of assessed valuation?
Yes . . . . . . . . . □
No . . . . . . . . . □"
NEW SECTION. Sec. 3. This act applies to levies authorized after the effective date of this section."
POINT OF INQUIRY
Senator Eide: “Senator Goings, taxing districts currently provide more information than is required on the ballot title. Does this amendment change that?”
Senator Goings: “No, the amendment provides the foundation of the ballot title. It lists the items that must be stated. Taxing districts may continue to provide more information to the voters than is required.”
Further debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Goings, Swecker, McCaslin, Benton, Fraser, Costa, Roach, Haugen, Snyder and Zarelli to House Bill No. 1154.
The motion by Senator Goings carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Goings, the following title amendment was adopted:
On page 1, on line 2 of the title, after "services;" strike the remainder of the title and, insert "amending RCW 84.52.069 and 29.30.111; and creating a new section."
On motion of Senator Goings, the rules were suspended, House Bill No. 1154, 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. 1154, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1154, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 45.
Excused: Senators Deccio, Hale, Patterson and Thibaudeau - 4.
HOUSE BILL NO. 1154, 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, Senators Jacobsen and Loveland were excused.
SECOND READING
ENGROSSED HOUSE BILL NO. 1263, by Representatives Sheahan, Constantine, McDonald and Kastama
Regulating process and fees of district and municipal courts.
The bill was read the second time.
MOTION
On motion of Senator Heavey, the rules were suspended, Engrossed House Bill No. 1263 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. 1263.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1263 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 1; Absent, 0; Excused, 6.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Wojahn - 42.
Voting nay: Senator Zarelli - 1.
Excused: Senators Deccio, Hale, Jacobsen, Loveland, Patterson and Thibaudeau - 6.
ENGROSSED HOUSE BILL NO. 1263, 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 McAuliffe was excused.
MOTION
On motion of Senator Honeyford, Senator McCaslin was excused.
MOTION
On motion of Senator Fraser, Senator Prentice was excused.
SECOND READING
HOUSE BILL NO. 1554, by Representatives Murray, McDonald, Constantine, Mitchell, Dickerson, Ballasiotes, Scott, Radcliff, Poulsen and Romero (by request of Washington State Patrol)
Clarifying status of HOV lane violations as traffic infractions.
The bill was read the second time.
MOTION
On motion of Senator Goings, the rules were suspended, House Bill No. 1554 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. 1554.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1554 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 6; Absent, 1; Excused, 9.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Haugen, Heavey, Hochstatter, Honeyford, Horn, Johnson, Kline, Kohl-Welles, Long, McDonald, Morton, Oke, Rasmussen, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, West, Winsley and Wojahn - 33.
Voting nay: Senators Benton, Finkbeiner, Roach, Rossi, Stevens and Zarelli - 6.
Absent: Senator Hargrove - 1.
Excused: Senators Deccio, Hale, Jacobsen, Loveland, McAuliffe, McCaslin, Patterson, Prentice and Thibaudeau - 9.
HOUSE BILL NO. 1554, 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.
NOTICE OF RECONSIDERATION
Having voted on the prevailing side, Senator Johnson served notice that he would move to reconsider the vote by which House Bill No. 1554 passed the Senate.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1212, by House Committee on Transportation (originally sponsored by Representatives Eickmeyer, Clements, Mielke, Benson, Veloria, Haigh, O'Brien, Doumit, Murray, Anderson, Conway, Constantine, Fisher, Hatfield, Dunshee, H. Sommers and Kenney)
Extending certain drivers' licenses for out-of-state licensees.
The bill was read the second time.
MOTION
On motion of Senator Goings, the rules were suspended, Substitute House Bill No. 1212 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. 1212.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1212 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Johnson, Kline, Kohl-Welles, Long, 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 - 45.
Excused: Senators Deccio, Jacobsen, Loveland and McAuliffe - 4.
SUBSTITUTE HOUSE BILL NO. 1212, 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 Hargrove was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1992, by House Committee on Health Care (originally sponsored by Representatives Ballasiotes, Schual-Berke and Rockefeller)
Studying the need for emergency medical services personnel to be trained in the use of epinephrine.
The bill was read the second time.
MOTION
Senator Finkbeiner moved that the following amendments be considered simultaneously and be adopted:
On page 2, line 3, after "committee" insert "and the senate committee on health and long-term care"
On page 2, line 16, after "health" strike "may" and insert "shall"
On page 2, line 19, after "anaphylaxis." strike "If" and insert "When"
On page 2, line 25, after the word "allergists." insert "The technical advisory committee shall assist the department of health in assessing the pilot project and reporting to the appropriate committees of the legislature by December 12, 1999."
On page 2, after line 25, insert the following:
"NEW SECTION. Sec. 4. A new section is added to chapter 18.73 RCW to read as follows:
(1) All of the state's ambulance and aid services shall make epinephrine available to their emergency medical technicians in their emergency care supplies. The emergency medical technician may administer epinephrine to a patient of any age upon the presentation of evidence of a prescription for epinephrine or to a patient under eighteen years of age:
(a) upon the request of the patient or his or her parent or guardian, or
(b) upon the request of a person who presents written authorization from the patient or his or her parent or guardian making such a request.
(2) Any emergency medical technician, emergency medical service, or medical program director acting in good faith and in compliance with the provisions of this section shall not be liable for any civil damages arising out of the furnishing or administration of epinephrine.
(3) Nothing in this section authorizes the administration of epinephrine by a first responder.
(4) This section shall take effect January 1, 2000, and shall expire December 31, 2001."
On page 2, after line 29, insert the following:
"NEW SECTION. Sec. 5. This act may be known and cited as the Kristine Kastner Act."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Finkbeiner on page 2, lines 3, 16, 19, 25(2), and 29, to Substitute House Bill No. 1992.
The motion by Senator Finkbeiner carried and the amendments were adopted.
MOTION
On motion of Senator Thibaudeau, the following title amendment was adopted:
On page 1, line 1 of the title, after "epinephrine;" strike the remainder of the title and insert "adding a new section to chapter 18.73 RCW; creating new sections; providing an effective date; providing an expiration date; and declaring an emergency."
On motion of Senator Thibaudeau, the rules were suspended, Substitute House Bill No. 1992, 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. 1992, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1992, 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, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Johnson, Kline, Kohl-Welles, Long, 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 - 46.
Excused: Senators Hargrove, Jacobsen and Loveland - 3.
SUBSTITUTE HOUSE BILL NO. 1992, 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. 1880, by House Committee on Health Care (originally sponsored by Representatives Cody, Schual-Berke, Kenney and Edmonds)
Providing for self-directed care for persons with disabilities.
The bill was read the second time.
MOTION
On motion of Senator Thibaudeau, the following Committee on Health and Long-Term Care amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The legislature finds that certain aspects of health licensure laws have the unintended consequence of limiting the right of persons with functional disabilities to care for themselves in their own home, and of securing assistance from other persons in performing routine health-related tasks that persons without these disabilities customarily perform.
(2) It is the intent of the legislature to clarify the right of adults with functional disabilities to choose to self-direct their own health-related tasks through personal aides, and to describe the circumstances under which self-directed care may take place in the home setting. The legislature declares that it is in the public interest to preserve the autonomy and dignity of persons with functional disabilities to care for themselves in their own homes, among the continuum of options for health care services where the judgment and control over the care rests with the individual.
NEW SECTION. Sec. 2. The definitions in this section apply throughout sections 1 through 4 and 8 of this act and RCW 43.190.060 unless the context clearly requires otherwise.
(1) "Self-directed care" means the process in which an adult person, who is prevented by a functional disability from performing a manual function related to health care that an individual would otherwise perform for himself or herself, chooses to direct and supervise a paid personal aide to perform those tasks.
(2) "Personal aide" means an individual, working privately or as an individual provider under contract or agreement with the department of social and health services, who acts at the direction of an adult person with a functional disability living in his or her own home and provides that person with health care services that a person without a functional disability can perform.
NEW SECTION. Sec. 3. (1) An adult person with a functional disability living in his or her own home may direct and supervise a paid personal aide in the performance of a health care task.
(2) The following requirements shall guide the provision of self-directed care under this act:
(a) Health care tasks are those medical, nursing, or home health services that enable the person to maintain independence, personal hygiene, and safety in his or her own home, and that are services that a person without a functional disability would customarily and personally perform without the assistance of a licensed health care provider.
(b) The individual who chooses to self-direct a health care task is responsible for initiating self-direction by informing the health care professional who has ordered the treatment which involves that task of the individual's intent to perform that task through self-direction.
(c) When state funds are used to pay for self-directed tasks, a description of those tasks will be included in the client's comprehensive assessment, and subject to review with each annual reassessment.
(d) When a licensed health care provider orders treatment involving a health care task to be performed through self-directed care, the responsibility to ascertain that the patient understands the treatment and will be able to follow through on the self-directed care task is the same as it would be for a patient who performs the health care task for himself or herself, and the licensed health care provider incurs no additional liability when ordering a health care task which is to be performed through self-directed care.
(e) The role of the personal aide in self-directed care is limited to performing the physical aspect of health care tasks under the direction of the person for whom the tasks are being done. This shall not affect the ability of a personal aide to provide other home care services, such as personal care or homemaker services, which enable the client to remain at home.
(f) The responsibility to initiate self-directed health care tasks, to possess the necessary knowledge and training for those tasks, and to exercise judgment regarding the manner of their performance rests and remains with the person who has chosen to self-direct those tasks, including the decision to employ and dismiss a personal aide.
NEW SECTION. Sec. 4. Any individual who, for compensation, serves as a personal aide provider under contract or agreement with the department of social and health services, to a person who self-directs his or her own care in his or her own home, shall register with the department of social and health services.
Sec. 5. RCW 74.39A.050 and 1998 c 85 s 1 are each amended to read as follows:
The department's system of quality improvement for long-term care services shall use the following principles, consistent with applicable federal laws and regulations:
(1) The system shall be client-centered and promote privacy, independence, dignity, choice, and a home or home-like environment for consumers consistent with chapter 392, Laws of 1997.
(2) The goal of the system is continuous quality improvement with the focus on consumer satisfaction and outcomes for consumers. This includes that when conducting licensing inspections, the department shall interview an appropriate percentage of residents, family members, resident managers, and advocates in addition to interviewing providers and staff.
(3) Providers should be supported in their efforts to improve quality and address identified problems initially through training, consultation, technical assistance, and case management.
(4) The emphasis should be on problem prevention both in monitoring and in screening potential providers of service.
(5) Monitoring should be outcome based and responsive to consumer complaints and a clear set of health, quality of care, and safety standards that are easily understandable and have been made available to providers.
(6) Prompt and specific enforcement remedies shall also be implemented without delay, pursuant to RCW 74.39A.080, RCW 70.128.160, chapter 18.51 RCW, or chapter 74.42 RCW, for providers found to have delivered care or failed to deliver care resulting in problems that are serious, recurring, or uncorrected, or that create a hazard that is causing or likely to cause death or serious harm to one or more residents. These enforcement remedies may also include, when appropriate, reasonable conditions on a contract or license. In the selection of remedies, the safety, health, and well-being of residents shall be of paramount importance.
(7) To the extent funding is available, all long-term care staff directly responsible for the care, supervision, or treatment of vulnerable persons should be screened through background checks in a uniform and timely manner to ensure that they do not have a criminal history that would disqualify them from working with vulnerable persons. Whenever a state conviction record check is required by state law, persons may be employed or engaged as volunteers or independent contractors on a conditional basis according to law and rules adopted by the department.
(8) No provider or staff, or prospective provider or staff, with a stipulated finding of fact, conclusion of law, an agreed order, or finding of fact, conclusion of law, or final order issued by a disciplining authority, a court of law, or entered into a state registry finding him or her guilty of abuse, neglect, exploitation, or abandonment of a minor or a vulnerable adult as defined in chapter 74.34 RCW shall be employed in the care of and have unsupervised access to vulnerable adults.
(9) The department shall establish, by rule, a state registry which contains identifying information about personal care aides identified under this chapter who have substantiated findings of abuse, neglect, financial exploitation, or abandonment of a vulnerable adult as defined in RCW 74.34.020. The rule must include disclosure, disposition of findings, notification, findings of fact, appeal rights, and fair hearing requirements. The department shall disclose, upon request, substantiated findings of abuse, neglect, financial exploitation, or abandonment to any person so requesting this information.
(10) The department shall by rule develop training requirements for individual providers and home care agency providers. The department shall deny payment to an individual provider or a home care provider who does not complete the training requirement within the time limit specified by the department by rule.
(11) The department shall establish, by rule, training, background checks, and other quality assurance requirements for personal aides who provide in-home services funded by medicaid personal care as described in RCW 74.09.520, community options program entry system waiver services as described in RCW 74.39A.030, or chore services as described in RCW 74.39A.110 that are equivalent to requirements for individual providers.
(12) Under existing funds the department shall establish internally a quality improvement standards committee to monitor the development of standards and to suggest modifications.
(((10))) (13) Within existing funds, the department shall design, develop, and implement a long-term care training program that is flexible, relevant, and qualifies towards the requirements for a nursing assistant certificate as established under chapter 18.88A RCW. This subsection does not require completion of the nursing assistant certificate training program by providers or their staff. The long-term care teaching curriculum must consist of a fundamental module, or modules, and a range of other available relevant training modules that provide the caregiver with appropriate options that assist in meeting the resident's care needs. Some of the training modules may include, but are not limited to, specific training on the special care needs of persons with developmental disabilities, dementia, mental illness, and the care needs of the elderly. No less than one training module must be dedicated to workplace violence prevention. The nursing care quality assurance commission shall work together with the department to develop the curriculum modules. The nursing care quality assurance commission shall direct the nursing assistant training programs to accept some or all of the skills and competencies from the curriculum modules towards meeting the requirements for a nursing assistant certificate as defined in chapter 18.88A RCW. A process may be developed to test persons completing modules from a caregiver's class to verify that they have the transferable skills and competencies for entry into a nursing assistant training program. The department may review whether facilities can develop their own related long-term care training programs. The department may develop a review process for determining what previous experience and training may be used to waive some or all of the mandatory training. The department of social and health services and the nursing care quality assurance commission shall work together to develop an implementation plan by December 12, 1998.
NEW SECTION. Sec. 6. A new section is added to chapter 74.34 RCW to read as follows:
For the purposes of this chapter, the term "vulnerable adult" includes persons receiving services from any individual who for compensation serves as a personal aide to a person who self-directs his or her own care in his or her home under this act.
Sec. 7. RCW 43.20A.710 and 1997 c 392 s 525 are each amended to read as follows:
(1) The secretary shall investigate the conviction records, pending charges or disciplinary board final decisions of:
(a) Persons being considered for state employment in positions directly responsible for the supervision, care, or treatment of children or individuals with mental illness or developmental disabilities; and
(b) Individual providers who are paid by the state for in-home services and hired by individuals with physical disabilities, developmental disabilities, mental illness, or mental impairment, including but not limited to services provided under chapter 74.39A RCW.
(2) The investigation may include an examination of state and national criminal identification data. The secretary shall use the information solely for the purpose of determining the character, suitability, and competence of these applicants.
(3) The secretary shall provide the results of the state background check on individual providers to the individuals with physical disabilities, developmental disabilities, mental illness, or mental impairment or to their legal guardians, if any, for their determination of the character, suitability, and competence of the applicants. If an individual elects to hire or retain an individual provider after receiving notice from the department that the applicant has a conviction for an offense that would disqualify the applicant from employment with the department, then the secretary ((may)) shall deny payment for any subsequent services rendered by the disqualified individual provider.
(4) Criminal justice agencies shall provide the secretary such information as they may have and that the secretary may require for such purpose.
NEW SECTION. Sec. 8. A personal aide, in the performance of a health care task, who is directed and supervised by a person with a functional disability in his or her own home, is exempt from any legal requirement to qualify and be credentialed by the department of health as a health care provider under Title 18 RCW to the extent of the responsibilities provided and health care tasks performed under this act.
NEW SECTION. Sec. 9. (1) To the extent that funds are appropriated for this purpose, the University of Washington school of nursing shall study the implementation of this act as it relates to self-directed care performed for persons receiving services through department of social and health services' programs, and submit a report to the legislature by November 1, 2001, to include findings as well as any recommendations for improvements to this act. If there are not sufficient numbers of consumers who have elected self-directed care in order for the study to be completed by November 1, 2001, the study deadline shall be extended as necessary, but not to exceed one year.
(2) The study shall be performed in consultation with the governor's committee on disability issues and employment, and the departments of health and social and health services. The report shall include data, to the extent reasonably available, on the following:
(a) Consumer satisfaction with self-directed care, including consumer perception of the degree of autonomy, self-determination, and choice afforded;
(b) Service quality and consumer safety, as determined by consumers and quantifiable outcomes such as rate of hospitalization or other facility placement;
(c) Number of personal aides who have been found to have abused or neglected consumers;
(d) Consumer outcomes in emergency situations such as abandonment, abuse, neglect, or exploitation by personal aide; and
(e) Whether coercion is a factor in consumers requesting self-directed care, or with personal aides performing self-directed care tasks.
NEW SECTION. Sec. 10. Sections 2 through 4 and 8 of this act are each added to chapter 74.39 RCW."
MOTIONS
On motion of Senator Thibaudeau, the following title amendment was adopted:
On page 1, line 2 of the title, after "disabilities;" strike the remainder of the title and insert "amending RCW 74.39A.050 and 43.20A.710; adding new sections to chapter 74.39 RCW; adding a new section to chapter 74.34 RCW; and creating new sections."
On motion of Senator Thibaudeau, the rules were suspended, Substitute House Bill No. 1880, 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. 1880, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1880, 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, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Johnson, Kline, Kohl-Welles, Long, 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 - 46.
Excused: Senators Hargrove, Jacobsen and Loveland - 3.
SUBSTITUTE HOUSE BILL NO. 1880, 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. 1863, by Representatives Skinner, Cody, Lovick and Campbell
Providing for compensation to part-time health commissions.
The bill was read the second time.
MOTION
On motion of Senator Thibaudeau, the following Committee on Health and Long-Term Care amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 43.03 RCW to read as follows:
(1) Any part-time commission that has rule-making authority, performs quasi-judicial functions, has responsibility for the policy direction of a health profession credentialing program, and performs regulatory and licensing functions with respect to a health care profession licensed under Title 18 RCW shall be identified as a class five group for purposes of compensation.
(2) Except as otherwise provided in this section, each member of a class five group is eligible to receive compensation in an amount not to exceed two hundred fifty dollars for each day during which the member attends an official meeting of the group or performs statutorily prescribed duties approved by the chairperson of the group. A person shall not receive compensation for a day of service under this section if the person (a) occupies a position, normally regarded as full-time in nature, in any agency of the federal government, Washington state government, or Washington state local government; and (b) receives any compensation from such government for working that day.
(3) Compensation may be paid a member under this section only if it is necessarily incurred in the course of authorized business consistent with the responsibilities of the commission established by law.
Sec. 2. RCW 18.25.0171 and 1994 sp.s. c 9 s 107 are each amended to read as follows:
The commission shall elect officers each year. Meetings of the commission are open to the public, except that 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.
Each member of the commission shall be compensated in accordance with ((RCW 43.03.240)) section 1 of this act. Members shall be reimbursed for travel expenses incurred in the actual performance of their duties, as provided in RCW 43.03.050 and 43.03.060.
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 of at least three members. A quorum for transaction of any business by a panel is 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 chiropractic.
The commission may adopt such rules as are consistent with this chapter as may be deemed necessary and proper to carry out the purposes of this chapter.
Sec. 3. RCW 18.32.0361 and 1994 sp.s. c 9 s 208 are each amended to read as follows:
Each member of the commission shall be compensated in accordance with ((RCW 43.03.240)) section 1 of this act. Members shall be reimbursed for travel expenses incurred in the actual performance of their duties, as provided in RCW 43.03.050 and 43.03.060. Commission members shall be compensated and reimbursed for their activities in developing or administering a multistate licensing examination, as provided in this chapter.
Sec. 4. RCW 18.71.015 and 1994 sp.s. c 9 s 303 are each amended to read as follows:
The Washington state medical quality assurance commission is established, consisting of thirteen individuals licensed to practice medicine in the state of Washington under this chapter, two individuals who are licensed as physician assistants under chapter 18.71A RCW, and four individuals who are members of the public. Each congressional district now existing or hereafter created in the state must be represented by at least one physician member of the commission. The terms of office of members of the commission are not affected by changes in congressional district boundaries. Public members of the commission may not be a member of any other health care licensing board or commission, or have a fiduciary obligation to a facility rendering health services regulated by the commission, or have a material or financial interest in the rendering of health services regulated by the commission.
The members of the commission shall be appointed by the governor. Members of the initial commission may be appointed to staggered terms of one to four years, and thereafter all terms of appointment shall be for four years. The governor shall consider such physician and physician assistant members who are recommended for appointment by the appropriate professional associations in the state. In appointing the initial members of the commission, it is the intent of the legislature that, to the extent possible, the existing members of the board of medical examiners and medical disciplinary board repealed under section 336, chapter 9, Laws of 1994 sp. sess. be appointed to the commission. No member may serve more than two consecutive full terms. Each member shall hold office until a successor is appointed.
Each member of the commission must be a citizen of the United States, must be an actual resident of this state, and, if a physician, must have been licensed to practice medicine in this state for at least five years.
The commission shall meet as soon as practicable after appointment and elect officers each year. Meetings shall be held at least four times a year and at such place as the commission determines and at such other times and places as the commission deems necessary. 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 any motion or resolution, to adopt any rule, or to pass any measure. The commission may appoint panels consisting of at least three members. A quorum for the transaction of any business by a panel is 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.
Each member of the commission shall be compensated in accordance with ((RCW 43.03.240)) section 1 of this act and in addition thereto shall be reimbursed for travel expenses incurred in carrying out the duties of the commission in accordance with RCW 43.03.050 and 43.03.060. Any such expenses shall be paid from funds appropriated to the department of health.
Whenever the governor is satisfied that a member of a commission has been guilty of neglect of duty, misconduct, or malfeasance or misfeasance in office, the governor shall file with the secretary of state a statement of the causes for and the order of removal from office, and the secretary shall forthwith send a certified copy of the statement of causes and order of removal to the last known post office address of the member.
Vacancies in the membership of the commission shall be filled for the unexpired term by appointment by the governor.
The members of the commission are immune from suit in an action, civil or criminal, based on its disciplinary proceedings or other official acts performed in good faith as members of the commission.
Whenever the workload of the commission requires, the commission may request that the secretary appoint pro tempore members of the commission. When serving, pro tempore members of the commission have all of the powers, duties, and immunities, and are entitled to all of the emoluments, including travel expenses, of regularly appointed members of the commission.
Sec. 5. RCW 18.79.090 and 1994 sp.s. c 9 s 409 are each amended to read as follows:
Each commission member shall be compensated in accordance with ((RCW 43.03.240)) section 1 of this act and shall be paid travel expenses when away from home in accordance with RCW 43.03.050 and 43.03.060.
"MOTIONS
On motion of Senator Thibaudeau, the following title amendment was adopted:
On page 1, line 2 of the title, after "commissions;" strike the remainder of the title and insert "amending RCW 18.25.0171, 18.32.0361, 18.71.015, and 18.79.090; and adding a new section to chapter 43.03 RCW."
On motion of Senator Thibaudeau, the rules were suspended, House Bill No. 1863, 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. 1863, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1863, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 39; Nays, 6; Absent, 1; Excused, 3.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Johnson, Kline, Kohl-Welles, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 39.
Voting nay: Senators Benton, Honeyford, Long, Morton, Roach and Zarelli - 6.
Absent: Senator Snyder - 1.
Excused: Senators Hargrove, Jacobsen and Loveland - 3.
HOUSE BILL NO. 1863, 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 Betti Sheldon, the Senate reverted to the fourth order of business.
MESSAGES FROM THE HOUSE
April 13, 1999
MR. PRESIDENT:
The Co-Speakers have signed SENATE BILL NO. 5734, and the same is herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 13, 1999
MR. PRESIDENT:
The House has failed to pass SUBSTITUTE SENATE BILL NO. 5762, and the same is herewith transmitted.:
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 13, 1999
MR. PRESIDENT:
The Co-Speakers have signed:
SENATE BILL NO. 5012,
SENATE BILL NO. 5037,
SENATE BILL NO. 5156,
SENATE BILL NO. 5178,
SUBSTITUTE SENATE BILL NO. 5191,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5195,
SUBSTITUTE SENATE BILL NO. 5215,
SENATE BILL NO. 5262,
SENATE BILL NO. 5301,
SUBSTITUTE SENATE BILL NO. 5313,
SENATE BILL NO. 5365,
SENATE BILL NO. 5402,
SUBSTITUTE SENATE BILL NO. 5457,
SENATE BILL NO. 5614,
SUBSTITUTE SENATE BILL NO. 5615,
SENATE BILL NO. 5648,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5658,
SENATE BILL NO. 5702,
SECOND SUBSTITUTE SENATE BILL NO. 5766,
SENATE BILL NO. 5777,
SENATE BILL NO. 5829,
ENGROSSED SENATE BILL NO. 5843,
SUBSTITUTE SENATE BILL NO. 6009,
SENATE BILL NO. 6019,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6020, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 13, 1999
MR. PRESIDENT:
The Co-Speakers have 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, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 13, 1999
MR. PRESIDENT:
The Co-Speakers have signed:
SUBSTITUTE HOUSE BILL NO. 1041,
HOUSE BILL NO. 1073,
SUBSTITUTE HOUSE BILL NO. 1133,
SUBSTITUTE HOUSE BILL NO. 1181,
HOUSE BILL NO. 1199,
HOUSE BILL NO. 1310,
HOUSE BILL NO. 1413,
HOUSE BILL NO. 1420,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1471,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1547,
HOUSE BILL NO. 1766,
HOUSE BILL NO. 1819,
SUBSTITUTE HOUSE BILL NO. 1910,
HOUSE BILL NO. 2205,
ENGROSSED HOUSE BILL NO. 2232,
HOUSE JOINT MEMORIAL NO. 4008, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 13, 1999
MR. PRESIDENT:
The Co-Speakers have signed:
HOUSE BILL NO. 1027,
HOUSE BILL NO. 1175,
HOUSE BILL NO. 1331,
SUBSTITUTE HOUSE BILL NO. 1535,
SUBSTITUTE HOUSE BILL NO. 1559,
SUBSTITUTE HOUSE BILL NO. 1653,
SUBSTITUTE HOUSE BILL NO. 1671,
ENGROSSED HOUSE BILL NO. 1845,
HOUSE BILL NO. 1996,
SUBSTITUTE HOUSE BILL NO. 2086, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE HOUSE BILL NO. 1041,
HOUSE BILL NO. 1073,
SUBSTITUTE HOUSE BILL NO. 1133,
SUBSTITUTE HOUSE BILL NO. 1181,
HOUSE BILL NO. 1199,
HOUSE BILL NO. 1310,
HOUSE BILL NO. 1413,
HOUSE BILL NO. 1420,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1471,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1547,
HOUSE BILL NO. 1766,
HOUSE BILL NO. 1819,
SUBSTITUTE HOUSE BILL NO. 1910,
HOUSE BILL NO. 2205,
ENGROSSED HOUSE BILL NO. 2232,
HOUSE JOINT MEMORIAL NO. 4008.
SIGNED BY THE PRESIDENT
The President signed:
HOUSE BILL NO. 1027,
HOUSE BILL NO. 1175,
HOUSE BILL NO. 1331,
SUBSTITUTE HOUSE BILL NO. 1535,
SUBSTITUTE HOUSE BILL NO. 1559,
SUBSTITUTE HOUSE BILL NO. 1653,
SUBSTITUTE HOUSE BILL NO. 1671,
ENGROSSED HOUSE BILL NO. 1845,
HOUSE BILL NO. 1996,
SUBSTITUTE HOUSE BILL NO. 2086.
MOTION
At 3:49 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 9:00 a.m., Wednesday, April 14, 1999.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate