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- SIXTY-FIFTH DAY
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MORNING SESSION
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Senate Chamber, Cherberg Building, Olympia, Tuesday, March 13, 2001
The Senate was called to order at 8:30 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Finkbeiner, Patterson and Roach. On motion of Senator Hewitt, Senators Finkbeiner and Roach were excused. On motion of Senator Eide, Senator Patterson was excused.
The Sergeant at Arms Color Guard, consisting of Pages Leah Robin and Michael Ray, presented the Colors. Reverend Joan Anthony, pastor of St. Benedict's Episcopal Church in Lacey, 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.
INTRODUCTION AND FIRST READING
SB 6145 by Senators Roach, Hewitt, T. Sheldon, Rossi, Carlson, Stevens, Horn, Honeyford, Oke, Johnson, Benton, Zarelli, Long, Sheahan, Morton, McCaslin, Hale, Hochstatter, Swecker, West, Parlette, McDonald, Finkbeiner and Deccio
AN ACT Relating to allowing victims of domestic violence or stalking to receive unemployment insurance benefits; adding a new chapter to Title 50 RCW; and making an appropriation.
Referred to Committee on Labor, Commerce and Financial Institutions.
SB 6146 by Senators Rossi, Benton, Zarelli, Stevens, Honeyford, Hewitt, Parlette, T. Sheldon, McDonald, Deccio, Hochstatter, Finkbeiner, Swecker, Horn, Johnson, Long, Morton, Hale, McCaslin, West, Oke, Sheahan and Roach
AN ACT Relating to the state expenditure limit; amending RCW 43.135.025 and 43.135.060; reenacting and amending RCW 43.135.035; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 6147 by Senators Thibaudeau, Franklin, Deccio, Winsley, Fairley and Kohl-Welles
AN ACT Relating to institutional review boards; and adding a new section to chapter 70.02 RCW.
Referred to Committee on Health and Long-Term Care.
SECOND READING
SENATE BILL NO. 5527, by Senators Snyder, McDonald, Prentice, Winsley and Kohl-Welles
Allowing private clubs to serve liquor at special events.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, Senate Bill No. 5527 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5527.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5527 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 2; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, McAuliffe, McCaslin, McDonald, Morton, Parlette, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.
Voting nay: Senators Long and Oke - 2.
Excused: Senators Finkbeiner, Patterson and Roach - 3.
SENATE BILL NO. 5527, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5708, by Senators Patterson, Prentice and Shin
Preventing denial of insurance coverage for injuries caused by narcotic or alcohol use.
The bill was read the second time.
MOTION
On motion of Senator Thibaudeau, the rules were suspended, Senate Bill No. 5708 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5708.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5708 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 16; Absent, 0; Excused, 2.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, Parlette, Prentice, Rasmussen, Regala, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau and Winsley - 31.
Voting nay: Senators Benton, Hewitt, Hochstatter, Honeyford, Johnson, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sheahan, Stevens, Swecker, West and Zarelli - 16.
Excused: Senators Finkbeiner and Patterson - 2.
SENATE BILL NO. 5708, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5896, by Senators Constantine, Kline, Hargrove, Costa, Thibaudeau, Kohl-Welles and Regala
Providing for DNA testing of evidence.
MOTIONS
On motion of Senator Constantine, Substitute Senate Bill No. 5896 was substituted for Senate Bill No. 5896 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Constantine, the rules were suspended, Substitute Senate Bill No. 5896 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5896.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5896 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Finkbeiner - 1.
SUBSTITUTE SENATE BILL NO. 5896, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5793, by Senators Thibaudeau, Deccio, Winsley and Prentice (by request of Insurance Commissioner Kreidler)
Creating the holding company act for health care service contractors and health maintenance organizations.
MOTIONS
On motion of Senator Thibaudeau, Substitute Senate Bill No. 5793 was substituted for Senate Bill No. 5793 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Thibaudeau, the rules were suspended, Substitute Senate Bill No. 5793 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5793.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5793 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SUBSTITUTE SENATE BILL NO. 5793, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5880, by Senators Jacobsen, Oke, T. Sheldon, Morton, Stevens and Rasmussen
Creating a forest products commission.
MOTIONS
On motion of Senator Jacobsen, Substitute Senate Bill No. 5880 was substituted for Senate Bill No. 5880 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Jacobsen, the rules were suspended, Substitute Senate Bill No. 5880 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5880.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5880 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SUBSTITUTE SENATE BILL NO. 5880, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5182, by Senators Spanel, McDonald, Fraser, Morton, Eide, McAuliffe and Kohl-Welles (by request of Utilities and Transportation Commission)
Ensuring a sustainable, comprehensive pipeline safety program in the state.
MOTIONS
On motion of Senator Spanel, Substitute Senate Bill No. 5182 was substituted for Senate Bill No. 5182 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Spanel, the rules were suspended, Substitute Senate Bill No. 5182 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5182.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5182 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Voting nay: Senator Honeyford - 1.
SUBSTITUTE SENATE BILL NO. 5182, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5877, by Senators Thibaudeau, Winsley, Costa and Kohl-Welles
Providing licensing standards for mental health counselors, marriage and family therapists, and social workers.
MOTIONS
On motion of Senator Thibaudeau, Substitute Senate Bill No. 5877 was substituted for Senate Bill No. 5877 and the substitute bill was placed on second reading and read the second time.
Senator Hargrove moved that the following amendment by Senators Hargrove and Long be adopted:
On page 24, line 13, after "communication." insert "A mental health counselor, marriage and family therapist, and social worker must make reasonable efforts by the minor's third visit to notify a minor's parent or legal guardian that he or she is working with the minor."
Debate ensued.
Senators Snyder, McCaslin and Fraser demanded 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.
Senator Hargrove closed debate on the amendment on page 24, line 13, to Substitute Senate Bill No. 5877.
The President declared the question before the Senate to be the adoption of the amendment by Senators Hargrove and Long on page 24, line 13, to Substitute Senate Bill No. 5877.
The motion by Senator Hargrove carried and the amendment was adopted.
MOTION
On motion of Senator Thibaudeau, the rules were suspended, Engrossed Substitute Senate Bill No. 5877 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5877.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5877 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 14; Absent, 0; Excused, 0.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau and West - 35.
Voting nay: Senators Benton, Finkbeiner, Hochstatter, Honeyford, Johnson, McCaslin, McDonald, Roach, Rossi, Sheahan, Stevens, Swecker, Winsley and Zarelli - 14.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5877, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE JOINT RESOLUTION NO. 8206, by Senators Hargrove, McDonald, Jacobsen, Long, Costa, Regala, Snyder, Winsley, T. Sheldon, Gardner, McCaslin, Morton, Haugen, Rasmussen, Hochstatter, Honeyford, Oke and McAuliffe
Requiring a geographic distribution of initiative petition signatures.
MOTIONS
On motion of Senator Hargrove, Second Substitute Senate Joint Resolution No. 8206 was substituted for Senate Joint Resolution No. 8206 and the second substitute joint resolution was placed on second reading and read the second time.
On motion of Senator Hargrove, the rules were suspended, Second Substitute Senate Joint Resolution No. 8206 was advanced to third reading, the second reading considered the third and the joint resolution was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Joint Resolution No. 8206.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Joint Resolution No. 8206 and the joint resolution passed the Senate by the following vote: Yeas, 34; Nays, 15; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Long, McCaslin, McDonald, Morton, Oke, Parlette, Rasmussen, Regala, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Stevens, Swecker, West, Winsley and Zarelli - 34.
Voting nay: Senators Eide, Fairley, Finkbeiner, Franklin, Fraser, Johnson, Kline, Kohl-Welles, McAuliffe, Patterson, Prentice, Roach, Rossi, Spanel and Thibaudeau - 15.
SECOND SUBSTITUTE SENATE JOINT RESOLUTION NO. 8206, having received the constitutional two-thirds majority, was declared passed.
SECOND READING
SENATE BILL NO. 5355, by Senator Hargrove
Limiting liability for specified state workers for errors of judgment.
MOTIONS
On motion of Senator Hargrove, Substitute Senate Bill No. 5355 was substituted for Senate Bill No. 5355 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 5355 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Franklin: “Senator Hargrove, is this bill based the same as what medical standards are based on in a court case, which is a high standard and if you have standards to be met and if you practice those standards, if you are before a court of law, this is what you are held to?”
Senator Hargrove: “Thank you, Senator Franklin. I had forgotten to mention that as we were discussing the bill in the initial debate here. Yes, this is patterned after the standard that is used in medical malpractice for the last one hundred years. The error in judgement standard, which this is patterned after, basically says that if a doctor follows reasonable care to recommend an operation on somebody and somebody dies as a result of that operation--people die. You cannot recover, just because the recommendation was made. You can recover if they did something wrong in the operation or if they didn’t do all the tests, but just because they make a recommendation and there is a bad outcome from it--it is the same exact standard that has been used in medical malpractice for over a hundred years and has been ligated numerous times. So, the answer is’ yes’ to that question.”
Senator Franklin: “Thank you, Senator. I wanted that to be expressed.”
Further debate ensued.
Senators Snyder, McCaslin and Spanel demanded 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.
Senator Hargrove closed debate on Substitute Senate Bill No. 5355.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5355.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5355 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 17; Absent, 0; Excused, 0.
Voting yea: Senators Brown, Carlson, Deccio, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Prentice, Rasmussen, Rossi, Sheldon, B., Shin, Snyder, Spanel, Stevens, Thibaudeau and West - 32.
Voting nay: Senators Benton, Constantine, Costa, Eide, Fairley, Finkbeiner, Johnson, Kline, Kohl-Welles, Patterson, Regala, Roach, Sheahan, Sheldon, T., Swecker, Winsley and Zarelli - 17.
SUBSTITUTE SENATE BILL NO. 5355, 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 Hewitt, Senator Johnson was excused.
SECOND READING
SENATE BILL NO. 6022, by Senators West, Prentice, Patterson, Roach, Rasmussen and Snyder
Changing from five years to fifteen years the time that certain amounts are awarded to owners and breeders.
The bill was read the second time.
MOTION
On motion of Senator West, the rules were suspended, Senate Bill No. 6022 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6022.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6022 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Johnson - 1.
SENATE BILL NO. 6022, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5100, by Senators Fraser, Swecker, Regala, Eide, Rasmussen, Gardner, Haugen, Franklin, McAuliffe, Jacobsen and Fairley
Expediting the processing of pending applications relating to existing water rights.
MOTIONS
On motion of Senator Fraser, Substitute Senate Bill No. 5100 was substituted for Senate Bill No. 5100 and the substitute bill was placed on second reading and read the second time.
Senator Honeyford moved that the following amendment be adopted:
On page 4, after line 30, insert the following:
"NEW SECTION. Sec. 4. It is the intent of the legislature, through the provisions of this act, to clarify existing law. Namely, the legislature intends to clarify the existing law and the authority of the department of ecology and water conservancy boards.
Sec. 5. RCW 90.80.010 and 1997 c 441 s 2 are each amended to read as follows:
The following definitions apply throughout this chapter, unless the context clearly requires otherwise.
(1) "Board" means a water conservancy board created under this chapter.
(2) "Commissioner" means a member of a water conservancy board.
(3) "Department" means the department of ecology.
(4) "Director" means the director of the department of ecology.
(5) "Transfer" means a transfer, change, or amendment to a water right referred to in RCW 90.03.380, 90.03.390, or 90.44.100.
Sec. 6. RCW 90.80.070 and 1997 c 441 s 9 are each amended to read as follows:
(1) Applications to the board for transfers shall be made on a form provided by the department, and shall contain such additional information as may be required by the board in order to review and act upon the application. At a minimum, the application shall include information sufficient to establish to the board's satisfaction of the transferor's right to the quantity of water being transferred, and a description of any applicable limitations on the right to use water, including the point of diversion or withdrawal, place of use, source of supply, purpose of use, quantity of use permitted, time of use, period of use, and the place of storage.
(2) The transferor and the transferee of any proposed water transfer may apply to a board for approval of the transfer if the water proposed to be transferred is currently diverted, withdrawn, or used within the geographic boundaries of the county, or would be diverted, withdrawn, or used within the geographic boundaries of the county if the transfer is approved. In the case of a proposed water transfer in which the water is currently diverted or withdrawn or would be diverted or withdrawn outside the geographic boundaries of the county, the board shall hold a public hearing in the county of the diversion or withdrawal or proposed diversion or withdrawal. The board shall provide for prominent publication of notice of such hearing in a newspaper of general circulation published in the county in which the hearing is to be held for the purpose of affording an opportunity for interested persons to comment upon the application.
(3) After an application for a transfer is filed with the board, the board shall publish notice of the application in accordance with the publication requirements and send notice to state agencies as provided in RCW 90.03.280. Any person may submit comments to the board regarding the application. Any water right holder claiming detriment or injury to an existing water right may intervene in the application before the board pursuant to subsection (4) of this section. If a majority of the board determines that the application is complete, in accordance with the law and the transfer can be made without injury or detriment to existing water rights in accordance with RCW 90.03.380, 90.03.390, or 90.44.100, the board shall issue the applicant a certificate conditionally approving the transfer, subject to review by the director.
(4) If a water right holder claims a proposed transfer will cause an impairment to that right, the water right holder is entitled to a hearing before the board. The board shall receive such evidence as it deems material and necessary to determine the validity of the claim of impairment. If the party claiming the impairment establishes by a preponderance of the evidence that his or her water right will be impaired by the proposed transfer, the board may not approve the transfer unless the applicant and the impaired party agree upon compensation for the impairment.
Sec. 7. RCW 90.80.120 and 1997 c 441 s 16 are each amended to read as follows:
(1) A commissioner of a water conservancy board who has an ownership interest in a water right subject to an application for approval of a transfer ((or change)) by the board, shall not participate in the board's review or decision upon the application.
(2) A commissioner of a water conservancy board who also serves as an employee or upon the governing body of a municipally owned water system, shall not participate in the board's review or decision upon an application for the transfer ((or change)) of a water right in which that water system has or is proposed to have an ownership interest.
Sec. 8. RCW 90.80.140 and 1997 c 441 s 18 are each amended to read as follows:
Nothing in this chapter affects transfers that may be otherwise approved under chapter 90.03 or 90.44 RCW.
"Renumber the remaining section consecutively and correct internal references accordingly.
WITHDRAWAL OF AMENDMENT
Senator Honeyford spoke to the amendment on page 4, after line 30, to Substitute Senate Bill No. 5100 and then withdrew the amendment.
MOTION
On motion of Senator Fraser, the rules were suspended, Substitute Senate Bill No. 5100 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5100.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5100 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 5; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Horn, Jacobsen, Johnson, Kastama, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 44.
Voting nay: Senators Fairley, Honeyford, Kline, Kohl-Welles and Thibaudeau - 5.
SUBSTITUTE SENATE BILL NO. 5100, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5638, by Senators Gardner, Swecker and Snyder
Making technical corrections to county treasurer statutes.
MOTIONS
On motion of Senator Gardner, Substitute Senate Bill No. 5638 was substituted for Senate Bill No. 5638 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Gardner, the rules were suspended, Substitute Senate Bill No. 5638 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5638.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5638 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SUBSTITUTE SENATE BILL NO. 5638, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5437, by Senators Oke and Jacobsen (by request of Department of Fish and Wildlife)
Requiring holders of fish and wildlife licenses purchased over the internet or telephone to provide enforcement officers with photo identification.
The bill was read the second time.
MOTION
On motion of Senator Oke, the rules were suspended, Senate Bill No. 5437 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5437.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5437 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SENATE BILL NO. 5437, 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.
PERSONAL PRIVILEGE
Senator Benton: “I rise to a point of personal privilege, Mr. President. I know as the time winds on here, people will be making plans for lunch. As you consider your plans for lunch, I would like for you also to consider your plans for dinner. Yesterday, Senator Roach and I had the opportunity to attend a grand opening at 4:30 of the new Papa Johns Pizza Parlor in Lacey. While we were there, we met the owner and the owner graciously offered to feed the Senate dinner tonight. So, we have made arrangements for Papa Johns to deliver enough pizza for the Senate and the staff for dinner this evening. Maybe we can have a shorter dinner break than usual since it is going to be right here--or longer or whatever we want. That is up to Senator Snyder and Senator Sheldon, but I just wanted people to know that there will be lots of pizza supplied in both the caucuses at the dinner break this evening--thanks to the generosity of the new Papa John’s Pizza in Lacey, Washington.”
REPLY BY THE PRESIDENT
President Owen: “Senator Benton, a point of personal privilege is a matter that is to be something that is relative to the person themselves. Although, we do appreciate the latitude here, I realize that eating is a very important matter to you, so the President does find that it is within the rules of the Senate.”
MOTION
On motion of Senator Eide, Senator Patterson was excused.
SECOND READING
SENATE BILL NO. 5679, by Senators Thibaudeau, Deccio, Franklin and Kohl-Welles
Creating the HIV/AIDS prevention study committee.
MOTIONS
On motion of Senator Thibaudeau, Substitute Senate Bill No. 5679 was substituted for Senate Bill No. 5679 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Thibaudeau, the rules were suspended, Substitute Senate Bill No. 5679 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5679.
Debate ensued.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5679 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Patterson - 1.
SUBSTITUTE SENATE BILL NO. 5679, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5373, by Senators Sheahan, Kline, McCaslin, Thibaudeau, Kastama, Long, Roach, Johnson and Constantine
Changing mandatory arbitration of civil actions.
The bill was read the second time.
MOTION
On motion of Senator Kline, the rules were suspended, Senate Bill No. 5373 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5373.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5373 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 15; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau, Winsley and Zarelli - 33.
Voting nay: Senators Finkbeiner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, McDonald, Oke, Parlette, Rossi, Sheldon, T., Stevens, Swecker and West - 15.
Excused: Senator Patterson - 1.
SENATE BILL NO. 5373, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5904, by Senators Morton and Rasmussen
Revising procedures for conservation district elections.
MOTIONS
On motion of Senator Rasmussen, Substitute Senate Bill No. 5904 was substituted for Senate Bill No. 5904 and the substitute bill was placed on second reading and read the second time.
Senator Rasmussen moved that the following striking amendment by Senators Rasmussen, Swecker and Morton be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 29.04 RCW to read as follows:
(1) Nothing in this title shall apply to conservation districts governed under chapter 89.08 RCW, unless a conservation district chooses to have its elections governed under this title.
(2) A conservation district choosing to have its elections governed under this title shall:
(a) Still be governed by other nonelection provisions of chapter 89.08 RCW;
(b) Still be governed by RCW 89.08.160(2); and
(c) Remain solely responsible for the costs of holding elections under this title.
(3) Any conservation district choosing to have its elections governed under this title shall make the choice in time to provide appropriate prior notice to any affected county auditors.
(4) Candidates and conservation district supervisors in districts that choose to have their elections governed under this title are subject to chapter 42.17 RCW. Candidates and conservation district supervisors in districts whose elections are governed under chapter 89.08 RCW are exempted from the requirements of chapter 42.17 RCW.
Sec. 2. RCW 89.08.160 and 1973 1st ex.s. c 184 s 17 are each amended to read as follows:
(1) If the commission finds the project practicable, it shall appoint two supervisors, one of whom shall be a landowner or operator of a farm, who shall be qualified by training and experience to perform the specialized skilled services required of them. They, with the three elected supervisors, two of whom shall be landowners or operators of a farm, shall constitute the governing board of the district.
(2) In all subsequent appointments, at least one appointed supervisor shall be a landowner or operator of a farm. In all subsequent elections, at least two elected supervisors shall be landowners or operators of farms.
(3) The two appointed supervisors shall file with the secretary of state a sworn application, reciting that a petition was filed with the commission for the creation of the district; that all required proceedings were had thereon; that they were appointed by the commission as such supervisors; and that the application is being filed to complete the organization of the district. It shall contain the names and residences of the applicants, a certified copy of their appointments, the name of the district, the location of the office of the supervisors and the term of office of each applicant.
(4) The application shall be accompanied by a statement of the commission, reciting that a petition was filed, notice issued, and hearing held thereon as required; that it determined the need for the district and defined the boundaries thereof; that notice was given and an election held on the question of creating the district; that a majority vote favored the district, and that the commission had determined the district practicable; and shall set forth the boundaries of the district.
NEW SECTION. Sec. 3. A new section is added to chapter 89.08 RCW to read as follows:
Instead of providing for the election of supervisors under section 1 of this act or under this chapter, the board of supervisors may adopt a resolution requesting that the legislative authority in the county or counties in which the district is located appoint district electors to serve as elected supervisors on the board. If requested to appoint supervisors under this section, the legislative authority shall appoint persons to serve as elected supervisors as the terms of current elected supervisors expire. In making the appointments, the legislative authority shall ensure that at least two of the elected supervisors are landowners or operators of farms. If a district is located in more than one county, the legislative authority of the counties in which the district is located shall cooperate to jointly appoint the elected supervisors. Conservation district supervisors in districts that choose to have their supervisors appointed under this section are exempted from the requirements of chapter 42.17 RCW.
Sec. 4. RCW 89.08.020 and 1999 c 305 s 1 are each amended to read as follows:
Unless the context clearly indicates otherwise, as used in this chapter:
(1) "Commission" and "state conservation commission" mean((s)) the agency created hereunder. All former references to "state soil and water conservation committee", "state committee" or "committee" shall be deemed to be references to the "state conservation commission"((;)).
(2) "District", or "conservation district" means a governmental subdivision of this state and a public body corporate and politic, organized in accordance with the provisions of chapter 184, Laws of 1973 1st ex. sess., for the purposes, with the powers, and subject to the restrictions set forth in this chapter. All districts created under chapter 184, Laws of 1973 1st ex. sess. shall be known as conservation districts and shall have all the powers and duties set out in chapter 184, Laws of 1973 1st ex. sess. All references in chapter 184, Laws of 1973 1st ex. sess. to "districts", or "soil and water conservation districts" shall be deemed to be reference to "conservation districts"((;)).
(3) "Board" and "supervisors" mean the board of supervisors of a conservation district((;)).
(4) "Land occupier" or "occupier of land" includes any person, firm, political subdivision, government agency, municipality, public or private corporation, copartnership, association, or any other entity whatsoever which holds title to, or is in possession of, any lands lying within a district organized under the provisions of chapter 184, Laws of 1973 1st ex. sess., whether as owner, lessee, renter, tenant, or otherwise((;)).
(5) "District elector" or "voter" means a registered voter in the county where the district is located who resides within the district boundary or in the area affected by a petition((;)).
(6) "Due notice" means a notice published at least twice, with at least six days between publications, in a publication of general circulation within the affected area, or if there is no such publication, by posting at a reasonable number of public places within the area, where it is customary to post notices concerning county and municipal affairs. Any hearing held pursuant to due notice may be postponed from time to time without a new notice((;)).
(7) "Renewable natural resources", "natural resources" or "resources" includes land, air, water, vegetation, fish, wildlife, wild rivers, wilderness, natural beauty, scenery and open space((;)).
(8) "Conservation" includes conservation, development, improvement, maintenance, preservation, protection and use, and alleviation of floodwater and sediment damages, and the disposal of excess surface waters.
(9) "Farm and agricultural land" means either (a) land in any contiguous ownership of twenty or more acres devoted primarily to agricultural uses; (b) any parcel of land five acres or more but less than twenty acres devoted primarily to agricultural uses, which has produced a gross income from agricultural uses equivalent to one hundred dollars or more per acre per year for three of the five calendar years preceding the date of application for classification under this chapter; or (c) any parcel of land of less than five acres devoted primarily to agricultural uses which has produced a gross income of one thousand dollars or more per year for three of the five calendar years preceding the date of application for classification under this chapter. Agricultural lands shall also include farm woodlots of less than twenty and more than five acres and the land on which appurtenances necessary to production, preparation or sale of the agricultural products exist in conjunction with the lands producing such products. Agricultural lands shall also include any parcel of land of one to five acres, which is not contiguous, but which otherwise constitutes an integral part of farming operations being conducted on land qualifying under this section as "farm and agricultural lands".
(10) "Elected supervisor" means a member of the board of supervisors who is not appointed by the conservation commission and who is either (a) elected under section 1 of this act or under this chapter, or (b) appointed under section 3 of this act.
NEW SECTION. Sec. 5. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
Debate ensued.
POINT OF INQUIRY
Senator Snyder: “Senator Rasmussen, I have had several calls from my district on this and they keep referring to a Chandler bill that has passed the House of Representatives, I think. Is this similar to the Chandler bill?”
Senator Rasmussen: “I’m not aware of the House Bill. They don’t seem to confer with us. Maybe Senator Morton has some information on that. Could I pass the mike to him?”
Senator Snyder: “Please do that.”
REMARKS BY SENATOR MORTON
Senator Morton: “Well, thank you, good Senator Snyder. I don’t know much about that bill. There is one, I understand, that did pass the House. I assume the good Senator of our Agricultural Committee will work on it and see what develops from that. It does not have, however, what she has introduced on the striker, which greatly enhances this particular bill now--or the striker bill. It does not have, to my knowledge, the portion on it where there could be selection of the supervisors by the county legislative body. That is an addition as I understand it. Thank you.”
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Rasmussen, Swecker and Morton to Substitute Senate Bill No. 5904.
The motion by Senator Rasmussen carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Rasmussen, the following title amendment was adopted:
On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "choosing conservation district supervisors; amending RCW 89.08.160 and 89.08.020; adding a new section to chapter 29.04 RCW; adding a new section to chapter 89.08 RCW; and declaring an emergency."
On motion of Senator Rasmussen, the rules were suspended, Engrossed Substitute Senate Bill No. 5904 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5904.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5904 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Voting nay: Senator Snyder - 1.
Excused: Senator Patterson - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5904, 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 11:04 a.m., on motion of Senator Betti Sheldon, the Senate recessed until 1:30 p.m.
The Senate was called to order at 1:30 p.m. by President Owen.
MOTIONS
On motion of Senator Eide, Senator Brown was excused.
On motion of Senator Hewitt, Senator McDonald was excused.
SECOND READING
SENATE BILL NO. 6037, by Senators Prentice, Kohl-Welles and Parlette
Authorizing animal care and control agencies and nonprofit humane societies to provide limited veterinarian services.
MOTIONS
On motion of Senator Rasmussen, Substitute Senate Bill No. 6037 was substituted for Senate Bill No. 6037 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Bill No. 6037 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6037.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6037 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.
Excused: Senators Brown, McDonald and Patterson - 3.
SUBSTITUTE SENATE BILL NO. 6037, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5104, by Senator Carlson
Using revenues under the county conservation futures levy.
MOTIONS
On motion of Senator Carlson, Substitute Senate Bill No. 5104 was substituted for Senate Bill No. 5104 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Carlson, the rules were suspended, Substitute Senate Bill No. 5104 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator McCaslin: “Senator Carlson, is this a tax increase?”
Senator Carlson: “Senator, It would be a tax increase by the counties by their choice.”
Senator McCaslin: “Then, it would be a tax increase if the counties permitted it?”
Senator Carlson: “Yes, Senator.”
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5104.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5104 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 20; Absent, 0; Excused, 1.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Kastama, Kline, Kohl-Welles, McAuliffe, Oke, Parlette, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau and Winsley - 28.
Voting nay: Senators Benton, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 20.
Excused: Senator Patterson - 1.
SUBSTITUTE SENATE BILL NO. 5104, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5593, by Senators Gardner, Prentice and Winsley
Changing the public accountancy act.
MOTION
On motion of Senator Gardner, Second Substitute Senate Bill No. 5593 was substituted for Senate Bill No. 5593 and the second substitute bill was placed on second reading and read the second time.
MOTION
On motion of Senator Betti Sheldon, further consideration of Second Substitute Senate Bill No. 5593 was deferred.
SECOND READING
SENATE BILL NO. 5570, by Senators Prentice, Honeyford, Franklin and Kohl-Welles
Protecting credit union directors and committee members.
The bill was read the second time.
MOTIONS
On motion of Senator Prentice, the following amendments were considered simultaneously and were adopted:
On page 2, line 8, after "affect the" insert "vicarious"
On page 2, after line 10, insert the following:
"(4) This section does not affect the liability of employees of the credit union for acts or omissions done within the scope of their employment."
On motion of Senator Prentice, the rules were suspended, Engrossed Senate Bill No. 5570 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5570.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5570 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Patterson - 1.
ENGROSSED SENATE BILL NO. 5570, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5958, by Senators Prentice and Winsley
Adopting the Washington life and disability insurance guaranty association act.
MOTIONS
On motion of Senator Prentice, Substitute Senate Bill No. 5958 was substituted for Senate Bill No. 5958 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Prentice, the rules were suspended, Substitute Senate Bill No. 5958 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5958.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5958 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Patterson - 1.
SUBSTITUTE SENATE BILL NO. 5958, 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 Johnson was excused.
SECOND READING
SENATE BILL NO. 5681, by Senators Kastama, Horn, Haugen and Oke (by request of Washington State Patrol)
Permitting excess weight for fire-fighting apparatus.
MOTIONS
On motion of Senator Kastama, Substitute Senate Bill No. 5681 was substituted for Senate Bill No. 5681 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Kastama, the rules were suspended, Substitute Senate Bill No. 5681 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5681.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5681 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.
Voting nay: Senator Benton - 1.
Excused: Senators Johnson and Patterson - 2.
SUBSTITUTE SENATE BILL NO. 5681, 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.
PARLIAMENTARY INQUIRY
Senator Hale: “A parliamentary inquiry, Mr. President. I have two large amendments on my desk that do not have the description on the bottom of what the effect would be to the bill. I was hoping, and I thought we agreed, that there would be some indication of what the effect would be, because there are so many papers flying over our desks right now, it is hard to keep track. Those in particular are Senate Bill No. 6625 and Senate Bill No. 5904. Thank you.”
REPLY BY THE PRESIDENT
President Owen: “Senator Hale, there isn’t a rule on that. Those are directions that we have given, but it is up to the sponsors whether they do that or not.”
SECOND READING
SENATE BILL NO. 5995, by Senators Long, Hargrove and Stevens
Providing for information sharing among the courts, providers, divisions, and agencies serving dependent children and their families.
MOTIONS
On motion of Senator Hargrove, Substitute Senate Bill No. 5995 was substituted for Senate Bill No. 5995 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Rasmussen the following amendment by Senators Rasmussen, Hargrove and Long was adopted:
On page 2, after line 3, insert the following:
"NEW SECTION. Sec. 3. A new section is added to chapter 26.44 RCW to read as follows:
A law enforcement agency in the course of investigating: (1) An allegation under RCW 69.50.401(a) relating to manufacture of methamphetamine; or (2) an allegation under RCW 69.50.440 relating to possession of ephedrine or pseudoephedrine with intent to manufacture methamphetamine, that discovers a child present at the site, shall contact the department immediately.
"Renumber the remaining section consecutively and correct any internal references accordingly.
MOTIONS
On motion of Senator Long, the following title amendment was adopted:
On page 1, line 3 of the title, after "13.34 RCW;" insert "adding a new section to chapter 26.44 RCW;"
On motion of Senator Long, the rules were suspended, Engrossed Substitute Senate Bill No. 5995 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5995.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5995 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Patterson - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5995, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5776, by Senators Prentice, Winsley, Gardner and Costa (by request of Insurance Commissioner Kreidler)
Protecting the confidentiality of information relating to insurance.
MOTIONS
On motion of Senator Prentice, Substitute Senate Bill No. 5776 was substituted for Senate Bill No. 5776 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Prentice, the rules were suspended, Substitute Senate Bill No. 5776 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5776.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5776 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 2; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.
Voting nay: Senator Fairley - 1.
Absent: Senators McDonald and Roach - 2.
Excused: Senator Patterson - 1.
SUBSTITUTE SENATE BILL NO. 5776, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6035, by Senators Kohl-Welles, Jacobsen, Costa and Kline
Creating a college board job bank.
MOTIONS
On motion of Senator Kohl-Welles, Substitute Senate Bill No. 6035 was substituted for Senate Bill No. 6035 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Kohl-Welles], the rules were suspended, Substitute Senate Bill No. 6035 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6035.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6035 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 20; Absent, 0; Excused, 1.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, Prentice, Rasmussen, Regala, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau and Winsley - 28.
Voting nay: Senators Benton, Deccio, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, McCaslin, McDonald, Morton, Oke, Parlette, Roach, Rossi, Sheldon, T., Stevens, Swecker, West and Zarelli - 20.
Excused: Senator Patterson - 1.
SUBSTITUTE SENATE BILL NO. 6035, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5625, by Senators McAuliffe, Finkbeiner, Carlson and Kohl-Welles (by request of Governor Locke, Academic Achievement and Accountability Commission and State Board of Education)
Adopting recommendations of the academic achievement and accountability commission.
MOTION
On motion of Senator McAuliffe, Substitute Senate Bill No. 5625 was substituted for Senate Bill No. 5625 and the substitute bill was placed on second reading and read the second time.
Senator McAuliffe moved that the following striking amendment Senators McAuliffe, Finkbeiner, Eide, Rasmussen, Carlson and Regala be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that Washington's educators have made significant progress in preparing students for successful and productive lives in the twenty-first century.
The legislature further finds the need for an effective accountability system to help fulfill the promise of statewide school improvement efforts for all Washington students. The legislature recognizes that all stakeholders in Washington's public education system share in the responsibility for an effective accountability system, including educators, students, parents, the community, and state policymakers. An effective accountability system should inform, support, and motivate, as well as require achievement of the state's learning goals.
The legislature further finds that the goals of this accountability system are to promote learning and achievement of the goals and academic standards for all students as measured by the elementary, middle, and high school criterion-referenced and norm-referenced assessments; to acknowledge the challenges faced by students and educators in achieving these goals; and to help support schools address these challenges.
The legislature further finds that an effective accountability system should encourage educators to work in schools facing these challenges. Districts and schools should be measured for continuous improvement over time against their own baseline, not against the performance of other schools.
The legislature further finds that the accountability system should rely on local responsibility and leadership. State-level responsibility should emphasize assistance, technical support, and monitoring. At the same time, the legislature finds that state intervention may be necessary in schools that show no progress in student achievement and improvement in student learning over time. In such cases, the state must have the capacity to intervene effectively on behalf of students.
Sec. 2. RCW 28A.655.030 and 1999 c 388 s 102 are each amended to read as follows:
The powers and duties of the academic achievement and accountability commission shall include, but are not limited to the following:
(1) For purposes of statewide accountability, the commission shall:
(a) Adopt and revise performance improvement goals in reading, writing, science, and mathematics by subject and grade level as the commission deems appropriate to improve student learning, once assessments in these subjects are required statewide. The goals shall be in addition to any goals adopted in RCW 28A.655.050. The commission may also revise any goal adopted in RCW 28A.655.050. The commission may adopt and revise goals for dropout rates and reduction of dropout rates for middle schools, junior high schools, and high schools. The commission may adopt and revise goals designed to accelerate the achievement of students from various racial, ethnic, and socioeconomic backgrounds who are disproportionately academically underachieving. The commission shall adopt the goals by rule. However, before each goal is implemented, the commission shall present the goal to the education committees of the house of representatives and the senate for the committees' review and comment in a time frame that will permit the legislature to take statutory action on the goal if such action is deemed warranted by the legislature;
(b) Identify the scores students must achieve in order to meet the standard on the Washington assessment of student learning and determine student scores that identify levels of student performance below and beyond the standard. The commission shall set such performance standards and levels in consultation with the superintendent of public instruction and after consideration of any recommendations that may be developed by any advisory committees that may be established for this purpose;
(c) Adopt objective, systematic criteria to identify successful schools and school districts and recommend to the superintendent of public instruction schools and districts to be recognized for two types of accomplishments, student achievement and improvements in student achievement. Recognition for improvements in student achievement shall include consideration of one or more of the following accomplishments:
(i) An increase in the percent of students meeting standards. The level of achievement required for recognition may be based on the achievement goals established by the legislature under RCW 28A.655.050 and the commission under (a) of this subsection;
(ii) Positive progress on an improvement index that measures improvement in all levels of the assessment; and
(iii) Improvements despite challenges such as high levels of mobility, poverty, English as a second language learners, and large numbers of students in special populations as measured by either the percent of students meeting the standard, or the improvement index.
When determining the baseline year or years for recognizing individual schools, the commission may use the assessment results from the initial years the assessments were administered, if doing so with individual schools would be appropriate;
(d) Adopt objective, systematic criteria to be used by school districts under section 3 of this act to identify schools ((and school districts)) in need of assistance ((and those)) in which significant numbers of students persistently fail to meet state standards. Adopt objective, systematic criteria to be used by the superintendent of public instruction and the academic achievement and accountability commission under section 4 of this act, to identify schools that have shown no progress in improving student learning under the school improvement plan and have the highest need of assistance. In its deliberations, the commission shall consider the use of all statewide mandated criterion-referenced and norm-referenced standardized tests;
(e) Adopt objective, systematic criteria to identify schools and school districts in which state intervention measures will be needed ((and a range of appropriate intervention strategies, beginning no earlier than June 30, 2001, and after the legislature has authorized a set of intervention strategies. Beginning no earlier than June 30, 2001, and after the legislature has authorized a set of intervention strategies, at the request of the commission, the superintendent shall intervene in the school or school district and take corrective actions. This chapter does not provide additional authority for the commission or the superintendent of public instruction to intervene in a school or school district)) in accordance with section 5 of this act;
(f) Review state interventions that have taken place in other states and identify state interventions that have been successful;
(g) Identify performance incentive systems that have improved or have the potential to improve student achievement;
(((g))) (h) Annually review the assessment reporting system to ensure fairness, accuracy, timeliness, and equity of opportunity, especially with regard to schools with special circumstances and unique populations of students, and a recommendation to the superintendent of public instruction of any improvements needed to the system;
(((h))) (i) Annually report by December 1st to the legislature, the governor, the superintendent of public instruction, and the state board of education on the progress, findings, and recommendations of the commission. The report may include recommendations of actions to help improve student achievement;
(((i))) (j) By December 1, 2000, and by December 1st annually thereafter, report to the education committees of the house of representatives and the senate on the progress that has been made in achieving the reading goal under RCW 28A.655.050 and any additional goals adopted by the commission;
(((j))) (k) Coordinate its activities with the state board of education and the office of the superintendent of public instruction;
(((k))) (l) Seek advice from the public and all interested educational organizations in the conduct of its work; and
(((l))) (m) Establish advisory committees, which may include persons who are not members of the commission;
(2) Holding meetings and public hearings, which may include regional meetings and hearings;
(3) Hiring necessary staff and determining the staff's duties and compensation. However, the office of the superintendent of public instruction shall provide staff support to the commission until the commission has hired its own staff, and shall provide most of the technical assistance and logistical support needed by the commission thereafter. The office of the superintendent of public instruction shall be the fiscal agent for the commission. The commission may direct the office of the superintendent of public instruction to enter into subcontracts, within the commission's resources, with school districts, teachers, higher education faculty, state agencies, business organizations, and other individuals and organizations to assist the commission in its deliberations; and
(4) Receiving per diem and travel allowances as permitted under RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 3. A new section is added to chapter 28A.655 RCW to read as follows:
(1) Beginning September 2001, and each September thereafter, each school district shall use the criteria established by the academic achievement and accountability commission under RCW 28A.655.030 to annually analyze student assessment results. The analysis shall include, but not be limited to, consideration of the levels of student achievement and levels of improvement on statewide criterion-referenced and norm-referenced assessments. The purposes of the analysis shall be to identify successful schools and to identify schools in need of assistance.
(2) Based on the results of the school district's analysis conducted pursuant to subsection (1) of this section, if the school district identifies a school within the district as a school in need of assistance the school district shall conduct a needs assessment of the school. The needs assessment shall analyze multiple indicators including, but not limited to:
(a) The student achievement from school, district, and statewide assessments;
(b) The improvement in student achievement and student learning over time;
(c) The current allocation, distribution, and use of existing resources;
(d) The current alignment of the school's curriculum and instruction with the goals and standards of the Washington assessment of student learning.
(3) Based on the results of the needs assessment conducted pursuant to subsection (2) of this section, a school improvement plan shall be developed or revised by the school in consultation with the school district. The plan shall be developed with the involvement of the school employees, students (when appropriate), parents, and the community. The improvement plan shall include, but not be limited to:
(a) Student learning and achievement goals and expectations;
(b) How existing funds will be used more effectively; and
(c) How instruction and curriculum will be realigned to improve student learning.
The plan may include a request of waivers of state laws or local policies and agreements if a waiver is necessary to improve student learning and to implement the improvement plan. Waivers that are available prior to January 1, 2001, shall be obtained under an expedited decision-making process. Other waivers of the education code may be obtained from the superintendent of public instruction if the superintendent has the authority to grant such a waiver.
The plan may include replacement of school staff if the employee organization that represents the individual staff member shows evidence of support of the replacement of the individual.
(4) School districts shall have one school year to complete the needs assessments and to develop the improvement plans.
(5) Each school district shall annually report to the superintendent of public instruction and the academic achievement and accountability commission on the local efforts and the results of the school improvement plans developed or revised under subsection (3) of this section.
NEW SECTION. Sec. 4. A new section is added to chapter 28A.655 RCW to read as follows:
(1) Beginning September 2003, the superintendent of public instruction and the academic achievement and accountability commission shall annually review and analyze the reports submitted by the school districts under section 3 of this act. The analysis shall include, but not be limited to, consideration of the levels of student achievement and the levels of student improvement on criterion-referenced and norm-referenced assessments achieved under the local school improvement plan. The superintendent and the commission shall use the analysis of the local school district reports and the criteria established by the commission under RCW 28A.655.030 to identify schools annually that have shown no progress in improving student learning and have the highest need for assistance.
(2) Beginning September 2003, if the superintendent and the commission determine that a school is eligible for assistance under subsection (1) of this section then the superintendent shall notify the school district within which the eligible school is located of such eligibility.
(3) School districts with a school that is eligible for assistance may request assistance under this section by notifying the superintendent of public instruction by October 1st. If an eligible school district requests assistance then the superintendent, or the superintendent's designee, shall conduct a full needs assessment. The superintendent or the superintendent's designee shall seek input from the school employees, students (when appropriate), parents, and the community. The needs assessment shall analyze multiple indicators including, but not limited to:
(a) Student achievement from school, district, and statewide assessments;
(b) Improvement in student achievement and learning over time;
(c) Current allocation, distribution, and use of existing resources;
(d) Student mobility and poverty indicators;
(e) Attendance rates;
(f) Dropout and graduation rates, if applicable and available;
(g) Posthigh school indicators, if applicable and available;
(h) Percent of students in special programs;
(i) School climate and safety indicators;
(j) Other barriers to student learning; and
(k) Other information submitted by the school and school district.
(4) Based on the needs assessment, the superintendent of public instruction, or the superintendent's designee, and the eligible school district requesting assistance shall jointly negotiate the terms of a performance agreement to address the barriers to the improvement of student learning identified by the needs assessment. Any assistance provided under the terms of the performance agreement shall be limited to specific, cost-effective strategies for improving student learning, or to specific promising strategies that are part of a rigorous and ongoing evaluation, as stipulated in the performance agreement. The superintendent shall present the performance agreement to the commission. The commission shall either accept or reject the performance agreement without changes. If the commission rejects the performance agreement then the commission must provide a written explanation for the rejection. The superintendent and the school district shall have up to one year to submit another performance agreement to be accepted or rejected by the commission. The duration of a performance agreement shall be two years. The performance agreements shall include, but not be limited to:
(a) Student performance goals and learning expectations;
(b) How existing funds will be used more effectively;
(c) How assistance resources, if any, will be used;
(d) How the most significant barriers to improvement will be addressed;
(e) Which specific waivers, if any, of state laws or local policies and agreements are needed to improve student learning and to implement the performance agreement. Waivers that are available prior to January 1, 2001, shall be obtained under an expedited decision-making process. Other waivers of the education code may be obtained from the superintendent of public instruction if the superintendent has the authority to grant such a waiver;
(f) Whether there will be replacement of school staff. If staff is replaced then the employee organization that represents the individual staff member must show evidence of support of the replacement of the individual;
(g) Who is responsible for implementing the specific actions in the agreement; and
(h) Measurable benchmarks for actions in the performance agreement with a timeline for completion to determine progress.
(5) The superintendent of public instruction shall have one school year to complete both the needs assessment under subsection (3) of this section and the performance agreement under subsection (4) of this section, including having the academic achievement and accountability commission accept or reject the performance agreement.
(6) Once a performance agreement has been accepted by the academic achievement and accountability commission and signed by the parties, the school district shall hold a public hearing to notify the public of the components of the performance agreement.
NEW SECTION. Sec. 5. A new section is added to chapter 28A.655 RCW to read as follows:
(1) Beginning in July 2005, and annually thereafter, at the end of the first year of a performance agreement negotiated pursuant to section 4 of this act, the superintendent of public instruction or the superintendent's designee shall evaluate the progress on meeting the benchmarks, timelines, and other components of the performance agreement. The superintendent shall report the findings of the evaluation to the school district and to the academic achievement and accountability commission.
(2) Beginning in July 2006, and annually thereafter, at the end of the second year of a performance agreement negotiated pursuant to section 4 of this act, the superintendent of public instruction or the superintendent's designee shall conduct a full evaluation using multiple sources of information to determine whether each party to the performance agreement complied with the components of the performance agreement; whether the benchmarks, timelines, and other components of the performance agreement were met; and whether student learning was improved. If student learning was not improved then the superintendent or the superintendent's designee shall conduct an analysis to determine why student learning was not improved. The superintendent shall report the findings of the evaluation and the analysis to the school district and to the academic achievement and accountability commission.
(3) Based on the results of the evaluation and analysis performed under subsection (2) of this section and using the criteria developed by the commission under RCW 28A.655.030, the academic achievement and accountability commission shall determine whether the performance agreement shall be:
(a) Ended because the agreement was successfully completed;
(b) Extended with existing or newly negotiated conditions; or
(c) Ended because more intensive intervention strategies are required.
The commission shall report to the house of representatives and senate committees on education and shall implement more intensive intervention strategies if the commission determines the following:
(i) The parties to the performance agreement complied with the performance agreement but the school district and the school are making insufficient progress in improving student learning as determined by the criteria developed by the commission under RCW 28A.655.030; and
(ii) The Washington assessment of student learning that is used in the criteria developed by the commission in RCW 28A.655.030 has been determined to be reliable and valid.
(4) The superintendent of public instruction shall notify the school district of the intent of the academic achievement and accountability commission to implement more intensive intervention strategies. The school district shall be provided the opportunity to present information to the commission to appeal the decision.
(5) If after the appeal by the school district the academic achievement and accountability commission determine that more intensive strategies are required then the superintendent shall design and implement an intervention plan that addresses the improvement of student learning.
(6) The superintendent of public instruction and the academic achievement and accountability commission shall report to the legislature on all interventions.
Sec. 6. RCW 28A.300.040 and 1999 c 348 s 6 are each amended to read as follows:
In addition to any other powers and duties as provided by law, the powers and duties of the superintendent of public instruction shall be:
(1) To have supervision over all matters pertaining to the public schools of the state;
(2) To report to the governor and the legislature such information and data as may be required for the management and improvement of the schools;
(3) To prepare and have printed such forms, registers, courses of study, rules for the government of the common schools, and such other material and books as may be necessary for the discharge of the duties of teachers and officials charged with the administration of the laws relating to the common schools, and to distribute the same to educational service district superintendents;
(4) To travel, without neglecting his or her other official duties as superintendent of public instruction, for the purpose of attending educational meetings or conventions, of visiting schools, of consulting educational service district superintendents or other school officials;
(5) To prepare and from time to time to revise a manual of the Washington state common school code, copies of which shall be provided in such numbers as determined by the superintendent of public instruction at no cost to those public agencies within the common school system and which shall be sold at approximate actual cost of publication and distribution per volume to all other public and nonpublic agencies or individuals, said manual to contain Titles 28A and 28C RCW, rules related to the common schools, and such other matter as the state superintendent or the state board of education shall determine. Proceeds of the sale of such code shall be transmitted to the public printer who shall credit the state superintendent's account within the state printing plant revolving fund by a like amount;
(6) To act as ex officio member and the chief executive officer of the state board of education;
(7) To file all papers, reports and public documents transmitted to the superintendent by the school officials of the several counties or districts of the state, each year separately. Copies of all papers filed in the superintendent's office, and the superintendent's official acts, may, or upon request, shall be certified by the superintendent and attested by the superintendent's official seal, and when so certified shall be evidence of the papers or acts so certified to;
(8) To require annually, on or before the 15th day of August, of the president, manager, or principal of every educational institution in this state, a report as required by the superintendent of public instruction; and it is the duty of every president, manager or principal, to complete and return such forms within such time as the superintendent of public instruction shall direct;
(9) To keep in the superintendent's office a record of all teachers receiving certificates to teach in the common schools of this state;
(10) To issue certificates as provided by law;
(11) To keep in the superintendent's office at the capital of the state, all books and papers pertaining to the business of the superintendent's office, and to keep and preserve in the superintendent's office a complete record of statistics, as well as a record of the meetings of the state board of education;
(12) With the assistance of the office of the attorney general, to decide all points of law which may be submitted to the superintendent in writing by any educational service district superintendent, or that may be submitted to the superintendent by any other person, upon appeal from the decision of any educational service district superintendent; and the superintendent shall publish his or her rulings and decisions from time to time for the information of school officials and teachers; and the superintendent's decision shall be final unless set aside by a court of competent jurisdiction;
(13) To administer oaths and affirmations in the discharge of the superintendent's official duties;
(14) To deliver to his or her successor, at the expiration of the superintendent's term of office, all records, books, maps, documents and papers of whatever kind belonging to the superintendent's office or which may have been received by the superintendent's for the use of the superintendent's office;
(15) To administer family services and programs to promote the state's policy as provided in RCW 74.14A.025;
(16) To grant waivers for school improvement plans in accordance with section 3 of this act, negotiate and implement performance agreements pursuant to section 4 of this act, and implement state intervention strategies as authorized under section 5 of this act; and
(17) To perform such other duties as may be required by law.
Sec. 7. RCW 28A.505.120 and 1975-'76 2nd ex.s. c 118 s 12 are each amended to read as follows:
(1) If a local school district fails to comply with any binding restrictions issued by the superintendent of public instruction, the allocation of state funds for support of the local school district may be withheld, pending an investigation of the reason for such noncompliance by the office of the superintendent of public instruction. Written notice of the intent to withhold state funds, with reasons stated for this action, shall be made to the school district by the office of the superintendent of public instruction before any portion of the state allocation is withheld.
(2) Pursuant to an intervention plan authorized under chapter 28A.655 RCW, the superintendent may withhold the allocation of all or a portion of nonbasic education state funds from the local school district pending a determination by the superintendent and the academic achievement and accountability commission that withholding such funds is no longer an appropriate state intervention strategy for the improvement of student learning in the affected school district. Written notice of the intent to withhold such state funds, with reasons stated for this action, shall be made to the school district by the office of the superintendent of public instruction before any portion of the state allocation is withheld.
Sec. 8. RCW 28A.400.010 and 1990 c 33 s 376 are each amended to read as follows:
Except as what may be provided in an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act in all districts:
(1) The board of directors shall elect a superintendent who shall have such qualification as the local school board alone shall determine. The superintendent shall have supervision over the several departments of the schools thereof and carry out such other powers and duties as prescribed by law.
(2) Notwithstanding the provisions of RCW 28A.400.300(1), the board may contract with such superintendent for a term not to exceed three years when deemed in the best interest of the district. The right to renew a contract of employment with any school superintendent shall rest solely with the discretion of the school board employing such school superintendent. Regarding such renewal of contracts of school superintendents the provisions of RCW 28A.405.210, 28A.405.240, and 28A.645.010 shall be inapplicable.
Sec. 9. RCW 28A.400.030 and 1991 c 116 s 14 are each amended to read as follows:
In addition to such other duties as a district school board shall prescribe and except as what may be provided in an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act, the school district superintendent shall:
(1) Attend all meetings of the board of directors and cause to have made a record as to the proceedings thereof.
(2) Keep such records and reports and in such form as the district board of directors require or as otherwise required by law or rule or regulation of higher administrative agencies and turn the same over to his or her successor.
(3) Keep accurate and detailed accounts of all receipts and expenditures of school money. At each annual school meeting the superintendent must present his or her record book of board proceedings for public inspection, and shall make a statement of the financial condition of the district and such record book must always be open for public inspection.
(4) Give such notice of all annual or special elections as otherwise required by law; also give notice of the regular and special meetings of the board of directors.
(5) Sign all orders for warrants ordered to be issued by the board of directors.
(6) Carry out all orders of the board of directors made at any regular or special meeting.
Sec. 10. RCW 28A.400.100 and 1977 ex.s. c 272 s 1 are each amended to read as follows:
School districts may employ public school principals and/or vice principals to supervise the operation and management of the school to which they are assigned. Such persons shall hold valid teacher and administrative certificates. In addition to such other duties as shall be prescribed by law ((and)), by the job description adopted by the board of directors, and as what may be provided in an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act, each principal shall:
(1) Assume administrative authority, responsibility and instructional leadership, under the supervision of the school district superintendent, and in accordance with the policies of the school district board of directors, for the planning, management, supervision and evaluation of the educational program of the attendance area for which he or she is responsible.
(2) Submit recommendations to the school district superintendent regarding appointment, assignment, promotion, transfer and dismissal of all personnel assigned to the attendance area for which he or she is responsible.
(3) Submit recommendations to the school district superintendent regarding the fiscal needs to maintain and improve the instructional program of the attendance area for which he or she is responsible.
(4) Assume administrative authority and responsibility for the supervision, counseling and discipline of pupils in the attendance area for which he or she is responsible.
Sec. 11. RCW 28A.400.300 and 1997 c 13 s 10 are each amended to read as follows:
Every board of directors, unless otherwise specially provided by law and except as what may be provided in an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act, shall:
(1) Employ for not more than one year, and for sufficient cause discharge all certificated and classified employees;
(2) Adopt written policies granting leaves to persons under contracts of employment with the school district(s) in positions requiring either certification or classified qualifications, including but not limited to leaves for attendance at official or private institutes and conferences and sabbatical leaves for employees in positions requiring certification qualification, and leaves for illness, injury, bereavement and, emergencies for both certificated and classified employees, and with such compensation as the board of directors prescribe: PROVIDED, That the board of directors shall adopt written policies granting to such persons annual leave with compensation for illness, injury and emergencies as follows:
(a) For such persons under contract with the school district for a full year, at least ten days;
(b) For such persons under contract with the school district as part time employees, at least that portion of ten days as the total number of days contracted for bears to one hundred eighty days;
(c) For certificated and classified employees, annual leave with compensation for illness, injury, and emergencies shall be granted and accrue at a rate not to exceed twelve days per year; provisions of any contract in force on June 12, 1980, which conflict with requirements of this subsection shall continue in effect until contract expiration; after expiration, any new contract executed between the parties shall be consistent with this subsection;
(d) Compensation for leave for illness or injury actually taken shall be the same as the compensation such person would have received had such person not taken the leave provided in this proviso;
(e) Leave provided in this proviso not taken shall accumulate from year to year up to a maximum of one hundred eighty days for the purposes of RCW 28A.400.210 and 28A.400.220, and for leave purposes up to a maximum of the number of contract days agreed to in a given contract, but not greater than one year. Such accumulated time may be taken at any time during the school year or up to twelve days per year may be used for the purpose of payments for unused sick leave.
(f) Sick leave heretofore accumulated under section 1, chapter 195, Laws of 1959 (former RCW 28.58.430) and sick leave accumulated under administrative practice of school districts prior to the effective date of section 1, chapter 195, Laws of 1959 (former RCW 28.58.430) is hereby declared valid, and shall be added to leave for illness or injury accumulated under this proviso;
(g) Any leave for injury or illness accumulated up to a maximum of forty-five days shall be creditable as service rendered for the purpose of determining the time at which an employee is eligible to retire, if such leave is taken it may not be compensated under the provisions of RCW 28A.400.210 and 28A.310.490;
(h) Accumulated leave under this proviso shall be transferred to and from one district to another, the office of superintendent of public instruction and offices of educational service district superintendents and boards, to and from such districts and such offices;
(i) Leave accumulated by a person in a district prior to leaving said district may, under rules and regulations of the board, be granted to such person when the person returns to the employment of the district.
When any certificated or classified employee leaves one school district within the state and commences employment with another school district within the state, the employee shall retain the same seniority, leave benefits and other benefits that the employee had in his or her previous position: PROVIDED, That classified employees who transfer between districts after July 28, 1985, shall not retain any seniority rights other than longevity when leaving one school district and beginning employment with another. If the school district to which the person transfers has a different system for computing seniority, leave benefits, and other benefits, then the employee shall be granted the same seniority, leave benefits and other benefits as a person in that district who has similar occupational status and total years of service.
Sec. 12. RCW 28A.405.210 and 1996 c 201 s 1 are each amended to read as follows:
(1) No teacher, principal, supervisor, superintendent, or other certificated employee, holding a position as such with a school district, hereinafter referred to as "employee", shall be employed except by written order of a majority of the directors of the district at a regular or special meeting thereof and as may be provided in an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act, nor unless he or she is the holder of an effective teacher's certificate or other certificate required by law or the state board of education for the position for which the employee is employed, nor unless his or her employment with a school district is consistent with any and all determinations made by the superintendent of public instruction and the academic achievement and accountability commission under the authority granted in sections 3, 4, and 5 of this act and RCW 28A.655.030.
The board shall make with each employee employed by it a written contract, which shall be in conformity with the laws of this state, and except as otherwise provided by law, limited to a term of not more than one year. Any employment contract approved after September 1, 2001, that is inconsistent with any provision of this act is null and void solely with respect to those provisions in conflict with this act. Every such contract shall be made in duplicate, one copy to be retained by the school district superintendent or secretary and one copy to be delivered to the employee. No contract shall be offered by any board for the employment of any employee who has previously signed an employment contract for that same term in another school district of the state of Washington unless such employee shall have been released from his or her obligations under such previous contract by the board of directors of the school district to which he or she was obligated. Any contract signed in violation of this provision shall be void.
In the event it is determined that there is probable cause or causes that the employment contract of an employee should not be renewed by the district for the next ensuing term such employee shall be notified in writing on or before May 15th preceding the commencement of such term of that determination, or if the omnibus appropriations act has not passed the legislature by May 15th, then notification shall be no later than June 1st, which notification shall specify the cause or causes for nonrenewal of contract. Such determination of probable cause for certificated employees, other than the superintendent, shall be made by the superintendent or in accordance with an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act. Such notice shall be served upon the employee personally, or by certified or registered mail, or by leaving a copy of the notice at the house of his or her usual abode with some person of suitable age and discretion then resident therein. Every such employee so notified, except employees notified pursuant to the implementation of an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act, at his or her request made in writing and filed with the president, chair, or secretary of the board of directors of the district within ten days after receiving such notice, shall be granted opportunity for hearing pursuant to RCW 28A.405.310 to determine whether there is sufficient cause or causes for nonrenewal of contract: PROVIDED, That any employee receiving notice of nonrenewal of contract due to an enrollment decline or loss of revenue may, in his or her request for a hearing, stipulate that initiation of the arrangements for a hearing officer as provided for by RCW 28A.405.310(4) shall occur within ten days following July 15 rather than the day that the employee submits the request for a hearing. If any such notification or opportunity for hearing is not timely given, the employee entitled thereto shall be conclusively presumed to have been reemployed by the district for the next ensuing term upon contractual terms identical with those which would have prevailed if his or her employment had actually been renewed by the board of directors for such ensuing term.
This section shall not be applicable to "provisional employees" as so designated in RCW 28A.405.220; transfer to a subordinate certificated position as that procedure is set forth in RCW 28A.405.230 shall not be construed as a nonrenewal of contract for the purposes of this section.
(2) In the event that a determination is made pursuant to an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act that there is probable cause that the employment contract of an employee should not be renewed for the ensuing term:
(a) Such employee shall be notified thereof in writing on or before May 15th preceding the commencement of the school term, or if the omnibus appropriations act has not passed the legislature by May 15th, then notification shall be by June 1st, which notification shall state the reason or reasons for such determination. Such notice shall be served upon the employee personally, or by certified or registered mail, or by leaving a copy of the notice at the place of his or her usual abode with some person of suitable age and discretion then resident therein.
(b) The determination of nonrenewal by the academic achievement and accountability commission shall consider any evaluations conducted pursuant to RCW 28A.405.100 and shall be in accordance with the provisions of an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act.
(c) Every such employee notified pursuant to this subsection, at his or her request made in writing and filed with the superintendent of the district within ten days after receiving such notice, shall be given the opportunity to meet informally with the superintendent for the purpose of requesting the superintendent to recommend that the academic achievement and accountability commission reconsider their decision. Such meeting shall be held no later than ten days following the receipt of such request, and the employee shall be given at least three days' written notice of the date, time, and place of the meeting. At such meeting the employee shall be given the opportunity to refute any facts upon which the superintendent's or the academic achievement and accountability commission's determination was based and to make any argument in support of his or her request for reconsideration.
(d) Within ten days following the meeting with the employee, the superintendent shall either recommend to the superintendent of public instruction that the employee be reinstated or shall submit to the school district board of directors for consideration at its next regular meeting a written report recommending that the employment contract of the employee be nonrenewed and stating the reason or reasons therefor. A copy of such report shall be delivered to the employee at least three days before the scheduled meeting of the board of directors. The district superintendent may request an informal meeting with the superintendent of public instruction to consider a recommendation to reinstate the employee. The superintendent of public instruction shall consider but is not required to grant such request for an informal meeting with the district superintendent and the employee. In taking action upon the recommendation of the superintendent or the direction of the superintendent of public instruction and the commission, the board of directors may consider any written communication that the employee may file with the secretary of the board at any time before that meeting.
(e) The board of directors shall notify the employee in writing of its final decision and action within ten days following the meeting at which the superintendent's recommendation or the direction of the superintendent of public instruction and the commission was considered. The action of the board of directors to nonrenew the contract of an employee under this subsection shall be final and not subject to appeal.
Sec. 13. RCW 28A.405.220 and 1996 c 201 s 2 are each amended to read as follows:
Notwithstanding the provisions of RCW 28A.405.210, every person employed by a school district in a teaching or other nonsupervisory certificated position shall be subject to nonrenewal of employment contract as provided in this section and under an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act during the first two years of employment by such district, unless the employee has previously completed at least two years of certificated employment in another school district in the state of Washington, in which case the employee shall be subject to nonrenewal of employment contract pursuant to this section during the first year of employment with the new district or as may be provided pursuant to an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act. Employees as defined in this section shall hereinafter be referred to as "provisional employees".
In the event the superintendent of the school district or the superintendent of public instruction and the academic achievement and accountability commission determine((s)) that the employment contract of any provisional employee should not be renewed by the district for the next ensuing term such provisional employee shall be notified thereof by the district superintendent in writing on or before May 15th preceding the commencement of such school term, or if the omnibus appropriations act has not passed the legislature by May 15th, then notification shall be no later than June 1st, which notification shall state the reason or reasons for such determination. Such notice shall be served upon the provisional employee personally, or by certified or registered mail, or by leaving a copy of the notice at the place of his or her usual abode with some person of suitable age and discretion then resident therein. ((The)) A determination ((of)) by the superintendent of the school district shall be subject to the evaluation requirements of RCW 28A.405.100. A determination by the superintendent of public instruction and the commission shall be made pursuant to an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act.
Every such provisional employee so notified, at his or her request made in writing and filed with the superintendent of the district within ten days after receiving such notice, shall be given the opportunity to meet informally with the superintendent for the purpose of requesting the superintendent to reconsider his or her decision or consider recommending to the superintendent of public instruction and the commission reinstatement of the provisional employee. Such meeting shall be held no later than ten days following the receipt of such request, and the provisional employee shall be given written notice of the date, time and place of meeting at least three days prior thereto. At such meeting the provisional employee shall be given the opportunity to refute any facts upon which the ((superintendent's)) determination was based and to make any argument in support of his or her request for reconsideration.
Within ten days following the meeting with the provisional employee, the superintendent shall either reinstate the provisional employee or shall recommend to the superintendent of public instruction that the employee be reinstated or shall submit to the school district board of directors for consideration at its next regular meeting a written report recommending that the employment contract of the provisional employee be nonrenewed and stating the reason or reasons therefor. In the event the district superintendent recommends reinstatement to the superintendent of public instruction, the district superintendent may request an informal meeting with the superintendent of public instruction to present his or her reasons. Such request for an informal meeting shall be considered by the superintendent of public instruction. A copy of such report shall be delivered to the provisional employee at least three days prior to the scheduled meeting of the board of directors. In taking action upon the recommendation of the superintendent, the board of directors shall consider any written communication which the provisional employee may file with the secretary of the board at any time prior to that meeting.
The board of directors shall notify the provisional employee in writing of its final decision within ten days following the meeting at which the superintendent's recommendation was considered. The decision of the board of directors to nonrenew the contract of a provisional employee shall be final and not subject to appeal.
This section applies to any person employed by a school district in a teaching or other nonsupervisory certificated position after June 25, 1976. This section and an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act provide((s)) the exclusive means for nonrenewing the employment contract of a provisional employee and no other provision of law shall be applicable thereto, including, without limitation, RCW 28A.405.210 and chapter 28A.645 RCW.
Sec. 14. RCW 28A.405.230 and 1996 c 201 s 3 are each amended to read as follows:
Any certificated employee of a school district employed as an assistant superintendent, director, principal, assistant principal, coordinator, or in any other supervisory or administrative position, hereinafter in this section referred to as "administrator", shall be subject to transfer, at the expiration of the term of his or her employment contract or as may be provided pursuant to an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act during the term of such an employee's employment contract that took effect after September 1, 2001, to any subordinate certificated position within the school district. "Subordinate certificated position" as used in this section, shall mean any administrative or nonadministrative certificated position for which the annual compensation is less than the position currently held by the administrator.
Every superintendent determining that the best interests of the school district would be served by transferring any administrator to a subordinate certificated position, and every superintendent notified that, pursuant to an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act, the superintendent of public instruction and the academic achievement and accountability commission have determined that the best interests of the school district would be served by transferring any administrator to a subordinate certificated position shall notify that administrator in writing on or before May 15th preceding the commencement of such school term of that determination, or if the omnibus appropriations act has not passed the legislature by May 15th, then notification shall be no later than June 1st, which notification shall state the reason or reasons for the transfer, and shall identify the subordinate certificated position to which the administrator will be transferred. Such notice shall be served upon the administrator personally, or by certified or registered mail, or by leaving a copy of the notice at the place of his or her usual abode with some person of suitable age and discretion then resident therein.
Every such administrator so notified, at his or her request made in writing and filed with the president or chair, or secretary of the board of directors of the district within ten days after receiving such notice, shall be given the opportunity to meet informally with the board of directors in an executive session thereof or with the superintendent of public instruction as appropriate for the purpose of requesting the ((board to reconsider)) reconsideration of the decision of the superintendent or commission. Such board shall or the superintendent of public instruction may, upon receipt of such request, ((shall)) schedule the meeting for no later than the next regularly scheduled meeting of the board or as soon as is practicable for the office of the superintendent of public instruction to schedule a meeting for this purpose, and ((shall)) notify the administrator in writing of the date, time, and place of the meeting at least three days prior thereto. At such meeting the administrator shall be given the opportunity to refute any facts upon which the determination was based and to make any argument in support of his or her request for reconsideration. The administrator and the board or the superintendent of public instruction may invite their respective legal counsel to be present and to participate at the meeting. The board shall notify the administrator in writing of its final decision, or as appropriate the final decision of the superintendent of public instruction and the academic achievement and accountability commission, within ten days following its meeting with the administrator. No appeal to the courts shall lie from the final decision of the board of directors or commission to transfer an administrator to a subordinate certificated position: PROVIDED, That in the case of principals, except for any principal transferred pursuant to an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act, such transfer shall be made at the expiration of the contract year and only during the first three consecutive school years of employment as a principal by a school district; except that if any such principal has been previously employed as a principal by another school district in the state of Washington for three or more consecutive school years the provisions of this section shall apply only to the first full school year of such employment.
This section applies to any person employed as an administrator by a school district on June 25, 1976 and to all persons so employed at any time thereafter. This section and an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act provide((s)) the exclusive means for transferring an administrator to a subordinate certificated position at the expiration of the term of his or her employment contract.
Sec. 15. RCW 28A.150.020 and 1969 ex.s. c 223 s 28A.01.060 are each amended to read as follows:
"Common schools" means schools maintained at public expense in each school district or under alternative arrangements for public governance or administration pursuant to an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act and carrying on a program from kindergarten through the twelfth grade or any part thereof including vocational educational courses otherwise permitted by law.
Sec. 16. RCW 28A.320.010 and 1969 ex.s. c 223 s 28A.58.010 are each amended to read as follows:
A school district shall constitute a body corporate and shall possess all the usual powers of a public corporation except as may be provided pursuant to an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act, and in that name and style may sue and be sued and transact all business necessary for maintaining school and protecting the rights of the district, and enter into such obligations as are authorized therefor by law.
Sec. 17. RCW 28A.320.015 and 1992 c 141 s 301 are each amended to read as follows:
(1) Except as provided in an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act, the board of directors of each school district may exercise the following:
(a) The broad discretionary power to determine and adopt written policies not in conflict with other law that provide for the development and implementation of programs, activities, services, or practices that the board determines will:
(i) Promote the education of kindergarten through twelfth grade students in the public schools; or
(ii) Promote the effective, efficient, or safe management and operation of the school district;
(b) Such powers as are expressly authorized by law; and
(c) Such powers as are necessarily or fairly implied in the powers expressly authorized by law.
(2) Before adopting a policy under subsection (1)(a) of this section, the school district board of directors shall comply with the notice requirements of the open public meetings act, chapter 42.30 RCW, and shall in addition include in that notice a statement that sets forth or reasonably describes the proposed policy. The board of directors shall provide a reasonable opportunity for public written and oral comment and consideration of the comment by the board of directors.
Sec. 18. RCW 28A.320.035 and 1997 c 267 s 1 are each amended to read as follows:
(1) The board of directors of a school district may contract with other school districts, educational service districts, public or private organizations, agencies, schools, or individuals to implement the board's powers and duties provided that such contracts are consistent with any provisions which may be implemented pursuant to an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act. The board of directors of a school district may contract for goods and services, including but not limited to contracts for goods and services as specifically authorized in statute or rule, as well as other educational, instructional, and specialized services. When a school district board of directors contracts for educational, instructional, or specialized services, the purpose of the contract must be to improve student learning or achievement.
(2) A contract under subsection (1) of this section may not be made with a religious or sectarian organization or school where the contract would violate the state or federal Constitution.
Sec. 19. RCW 28A.315.005 and 1999 c 315 s 1 are each amended to read as follows:
(1) Under the constitutional framework and the laws of the state of Washington, the governance structure for the state's public common school system is comprised of the following bodies: The legislature, the governor, the superintendent of public instruction, the state board of education, the academic achievement and accountability commission, the educational service district boards of directors, and local school district boards of directors. The respective policy and administrative roles of each body are determined by the state Constitution and statutes.
(2) Local school districts are political subdivisions of the state and the organization of such districts, including the powers, duties, and boundaries thereof, may be altered or abolished by laws of the state of Washington or by the superintendent of public instruction and the academic achievement and accountability commission pursuant to an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act and RCW 28A.655.030 and 28A.300.040, except that the superintendent of public instruction and the academic achievement and accountability commission shall not be authorized to alter school district boundaries.
Sec. 20. RCW 28A.315.015 and 1999 c 315 s 101 are each amended to read as follows:
(1) It is the purpose of this chapter to:
(a) Incorporate into a single, comprehensive, school district organization law all essential provisions governing:
(i) The formation and establishment of new school districts;
(ii) The alteration of the boundaries of existing districts; and
(iii) The adjustment of the assets and liabilities of school districts when changes are made under this chapter; and
(b) Establish methods and procedures whereby changes in the school district system may be brought about by the people concerned and affected.
(2) It is the state's policy that decisions on proposed changes in school district organization should be made, whenever possible, by negotiated agreement between the affected school districts. If the districts cannot agree, the decision shall be made by the regional committees on school district organization, based on the committees' best judgment, taking into consideration the following factors and factors under RCW 28A.315.205:
(a) A balance of local petition requests and the needs of the statewide community at large in a manner that advances the best interest of public education in the affected school districts and communities, the educational service district, and the state;
(b) Responsibly serving all of the affected citizens and students by contributing to logical service boundaries and recognizing a changing economic pattern within the educational service districts of the state;
(c) Enhancing the educational opportunities of pupils in the territory by reducing existing disparities among the affected school districts' ability to provide operating and capital funds through an equitable adjustment of the assets and liabilities of the affected districts;
(d) Promoting a wiser use of public funds through improvement in the school district system of the educational service districts and the state; and
(e) Other criteria or considerations as may be established in rule by the state board of education.
(3) It is neither the intent nor purpose of this chapter to apply to organizational changes and the procedure therefor relating to capital fund aid by nonhigh school districts as provided for in chapter 28A.540 RCW.
(4) This chapter is not intended to apply in any way to the provisions implemented pursuant to an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act.
Sec. 21. RCW 28A.315.025 and 1990 c 33 s 293 are each amended to read as follows:
As used in this chapter:
(1) "Change in the organization and extent of school districts" means the formation and establishment of new school districts, the dissolution of existing school districts, the alteration of the boundaries of existing school districts, or all of them. "Change" does not include any change implemented pursuant to an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act.
(2) "Regional committee" means the regional committee on school district organization created by this chapter.
(3) "State board" means the state board of education.
(4) "School district" means the territory under the jurisdiction of a single governing board designated and referred to as the board of directors.
(5) "Educational service district superintendent" means the educational service district superintendent as provided for in RCW 28A.310.170 or his or her designee.
Sec. 22. RCW 28A.225.210 and 1990 c 33 s 235 are each amended to read as follows:
Every school district shall admit on a tuition free basis all persons of school age who reside within this state, and do not reside within another school district carrying the grades for which they are eligible to enroll: PROVIDED, That nothing in this section shall be construed as affecting RCW 28A.225.220 ((or)), 28A.225.250, or an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act.
Sec. 23. RCW 28A.225.220 and 1995 c 335 s 602 and 1995 c 52 s 2 are each reenacted and amended to read as follows:
(1) Any board of directors may make agreements with adults choosing to attend school, and may charge the adults reasonable tuition.
(2) A district is strongly encouraged to honor the request of a parent or guardian for his or her child to attend a school in another district or the request of a parent or guardian for his or her child to transfer as a student receiving home-based instruction.
(3) A district shall release a student to a nonresident district that agrees to accept the student if:
(a) A financial, educational, safety, or health condition affecting the student would likely be reasonably improved as a result of the transfer; ((or))
(b) Attendance at the school in the nonresident district is more accessible to the parent's place of work or to the location of child care; ((or))
(c) The student transfer is authorized pursuant to an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act; or
(d) There is a special hardship or detrimental condition.
(4) A district may deny the request of a resident student to transfer to a nonresident district if the release of the student would adversely affect the district's existing desegregation plan. However, a district may not deny such a request for transfer if the student is authorized to transfer to a nonresident district pursuant to an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act.
(5) For the purpose of helping a district assess the quality of its education program, a resident school district may request an optional exit interview or questionnaire with the parents or guardians of a child transferring to another district. No parent or guardian may be forced to attend such an interview or complete the questionnaire.
(6) Beginning with the 1993-94 school year, school districts may not charge transfer fees or tuition for nonresident students enrolled under subsection (3) of this section and RCW 28A.225.225. Reimbursement of a high school district for cost of educating high school pupils of a nonhigh school district shall not be deemed a transfer fee as affecting the apportionment of current state school funds.
Sec. 24. RCW 28A.225.270 and 1990 1st ex.s. c 9 s 205 are each amended to read as follows:
Each school district in the state shall adopt and implement a policy allowing intradistrict enrollment options no later than June 30, 1990. Each district shall establish its own policy establishing standards on how the intradistrict enrollment options will be implemented. However, in the event that a conflict exists between the school district policy and actions required under this act by the academic achievement and accountability commission and the superintendent of public instruction under an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act, such actions shall supersede the applicable school district policy.
NEW SECTION. Sec. 25. A new section is added to chapter 41.56 RCW to read as follows:
Any contract or agreement entered into by a school district after the effective date of this section that is in conflict with the effective implementation of any decision or action authorized under this act is null and void with respect to the particular provision of the contract or agreement that is in conflict with this act.
NEW SECTION. Sec. 26. A new section is added to chapter 41.59 RCW to read as follows:
Any contract or agreement entered into by a school district after the effective date of this section that is in conflict with the effective implementation of any decision or action authorized under this act is null and void with respect to the particular provision of the contract or agreement that is in conflict with this act.
Sec. 27. RCW 41.59.910 and 1975 1st ex.s. c 288 s 19 are each amended to read as follows:
This chapter shall supersede existing statutes not expressly repealed to the extent that there is a conflict between a provision of this chapter and those other statutes. However, in the event that a conflict exists between this chapter and this act, this act shall supersede this chapter. Except as otherwise expressly provided herein, nothing in this chapter shall be construed to annul, modify or preclude the renewal or continuation of any lawful agreement entered into prior to January 1, 1976 between an employer and an employee organization covering wages, hours, and terms and conditions of employment. Where there is a conflict between any collective bargaining agreement and any resolution, rule, policy or regulation of the employer or its agents, the terms of the collective bargaining agreement shall prevail.
NEW SECTION. Sec. 28. RCW 28A.655.035 (Accountability policies--Recommendations) and 1999 c 388 s 103 are each repealed.
NEW SECTION. Sec. 29. RCW 28A.655.050 (Reading goals--Mathematics goals) and 1999 c 388 s 201 & 1998 c 319 s 101 are each repealed.
NEW SECTION. Sec. 30. Section 29 of this act takes effect September 1, 2001."
MOTION
Senator Carlson moved that the following amendment to the striking amendment by Senators McAuliffe, Finkbeiner, Eide, Rasmussen, Carlson and Regala be adopted:
On page 2, line 25 of the amendment, after "legislature" insert ". If a parent or guardian of a student requests that the student does not take a component of the Washington assessment of student learning, then the student's score shall not count against the school district or school and shall not be used when determining the percentage of students who meet or exceed the reading standard or the percentage of improvement toward the districtwide or school goals"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Carlson on page 2, line 25, to the striking amendment by Senators McAuliffe, Finkbeiner, Eide, Rasmussen, Carlson and Regala to Substitute Senate Bill No. 5625.
The motion by Senator Carlson failed on a rising vote and the amendment to the striking amendment was not adopted.
MOTION
Senator Carlson moved that the following amendment to the striking amendment by Senators McAuliffe, Finkbeiner, Eide, Rasmussen, Carlson and Regala be adopted:
On page 2, line 25 of the amendment, after "legislature" insert ". School districts and schools shall annually report to the superintendent of public instruction the percentage of student enrollment taking each component of the Washington assessment of student learning"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Carlson on page 2, line 25, to the striking amendment by Senators McAuliffe, Finkbeiner, Eide, Rasmussen, Carlson and Regala to Substitute Senate Bill No. 5625.
The motion by Senator Carlson failed and the amendment to the striking amendment was not adopted.
MOTION
Senator Finkbeiner moved that the following amendment to the striking amendment by Senators McAuliffe, Finkbeiner, Eide, Rasmussen, Carlson and Regala be adopted:
On page 5, line 29 of the amendment, after "(3)" and insert:
"Based on the results of the school district's analysis conducted pursuant to subsection (1) of this section, if in three consecutive years the school district identifies a school within the district as a school in need of assistance, then upon the request of a parent the school district must grant the student an opportunity scholarship. The amount of the opportunity scholarship shall be four thousand dollars for tuition at a private school approved under chapter 28A.195 RCW where the student's parent or guardian has chosen to redeem the scholarship. Upon the parent's request, subsequent scholarships shall be granted for consecutive school years. The superintendent of public instruction shall adopt rules under chapter 34.05 RCW to implement this subsection.
(4)"
Renumber the remaining subsections accordingly and correct any internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Finkbeiner on page 5, line 29, to the striking amendment by Senators McAuliffe, Finkbeiner, Eide, Rasmussen, Carlson and Regala to Substitute Senate Bill No. 5625.
The motion by Senator Finkbeiner failed and the amendment to the striking amendment was not adopted.
MOTION
Senator Benton moved that the following amendment to the striking amendment by Senators McAuliffe, Finkbeiner, Eide, Rasmussen, Carlson and Regala be adopted:
On page 5, line 29 of the amendment, after "(3)" and insert:
"Based on the results of the school district's analysis conducted pursuant to subsection (1) of this section, if in twelve consecutive years the school district identifies a school within the district as a school in need of assistance, then upon the request of a parent the school district must grant the student an opportunity scholarship. The amount of the opportunity scholarship shall be four thousand dollars for tuition at a private school approved under chapter 28A.195 RCW where the student's parent or guardian has chosen to redeem the scholarship. Upon the parent's request, subsequent scholarships shall be granted for consecutive school years. The superintendent of public instruction shall adopt rules under chapter 34.05 RCW to implement this subsection.
(4)"
Renumber the remaining subsections accordingly and correct any internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Benton on page 5, line 29, to the striking amendment by Senators McAuliffe, Finkbeiner, Eide, Rasmussen, Carlson and Regala to Substitute Senate Bill No. 5625.
The motion by Senator Benton failed and the amendment to the striking amendment was not adopted.
MOTION
Senator Johnson moved that the following amendment to the striking amendment by Senators McAuliffe, Finkbeiner, Eide, Rasmussen, Carlson and Regala be adopted: On page 30, after line 28 of the amendment, insert the following:
"Sec. 28. RCW 28A.655.060 and 1999 c 373 s 501 are each amended to read as follows:
(1) The Washington commission on student learning is hereby established. The primary purposes of the commission are to identify the knowledge and skills all public school students need to know and be able to do based on the student learning goals in RCW 28A.150.210, to develop student assessment and school accountability systems, to review current school district data reporting requirements and make recommendations on what data is necessary for the purposes of accountability and meeting state information needs, and to take other steps necessary to develop a performance-based education system. The commission shall include three members of the state board of education, three members appointed by the governor before July 1, 1992, and five members appointed no later than June 1, 1993, by the governor elected in the November 1992 election. The governor shall appoint a chair from the commission members, and fill any vacancies in gubernatorial appointments that may occur. The state board of education shall fill any vacancies of state board of education appointments that may occur. In making the appointments, educators, business leaders, and parents shall be represented, and nominations from statewide education, business, and parent organizations shall be requested. Efforts shall be made to ensure that the commission reflects the racial and ethnic diversity of the state's K-12 student population and that the major geographic regions in the state are represented. Appointees shall be qualified individuals who are supportive of educational restructuring, who have a positive record of service, and who will devote sufficient time to the responsibilities of the commission to ensure that the objectives of the commission are achieved.
(2) The commission shall establish advisory committees. Membership of the advisory committees shall include, but not necessarily be limited to, professionals from the office of the superintendent of public instruction and the state board of education, and other state and local educational practitioners and student assessment specialists.
(3) The commission, with the assistance of the advisory committees, shall:
(a) Develop essential academic learning requirements based on the student learning goals in RCW 28A.150.210. Essential academic learning requirements shall be developed, to the extent possible, for each of the student learning goals in RCW 28A.150.210. Goals one and two shall be considered primary. Essential academic learning requirements for RCW 28A.150.210(1), goal one, and the mathematics component of RCW 28A.150.210(2), goal two, shall be completed no later than March 1, 1995. Essential academic learning requirements that incorporate the remainder of RCW 28A.150.210 (2), (3), and (4), goals two, three, and four, shall be completed no later than March 1, 1996. To the maximum extent possible, the commission shall integrate goal four and the knowledge and skill areas in the other goals in the development of the essential academic learning requirements;
(b)(i) The commission and superintendent of public instruction shall develop a statewide academic assessment system for use in the elementary, middle, and high school years designed to determine if each student has learned the essential academic learning requirements identified in (a) of this subsection. The academic assessment system shall include a variety of assessment methods, including criterion-referenced and performance-based measures. Performance standards for determining if a student has successfully completed an assessment shall be determined by the commission and the superintendent of public instruction in consultation with the advisory committees required in subsection (2) of this section.
(ii) The assessment system shall be designed so that the results under the assessment system are used by educators as tools to evaluate instructional practices, and to initiate appropriate educational support for students who have not learned the essential academic learning requirements at the appropriate periods in the student's educational development.
(iii) Assessments measuring the essential academic learning requirements shall be available for voluntary use by school districts and shall be required to be administered by school districts according to the following schedule unless the legislature takes action to delay or prevent implementation of the assessment system and essential academic learning requirements.
Assessments Assessments
available for required to be
voluntary use administered
(School years) (School years)
Reading, Writing,
Communication, Mathematics
- Elementary school 1996-97 1997-98
- Middle school 1997-98 2000-01
- High school 1998-99 2000-01
Science
- Middle and high 1999-00 2000-01
school
- Elementary school 2001-02 2004-05
Social Studies
- Elementary, middle, 2002-03 2005-06
and high school
Arts
- Middle and high 2003-04 2006-07
school
- Elementary school 2003-04 2007-08
Health, Fitness
- Middle and high 2003-04 2006-07
school
- Elementary school 2003-04 2007-08
The completed assessments and assessments still in development shall be transferred by the commission on student learning to the superintendent of public instruction by June 30, 1999.
(iv) To the maximum extent possible, the commission and the superintendent of public instruction shall integrate knowledge and skill areas in development of the assessments.
Assessments for goals three and four of RCW 28A.150.210 shall be integrated in the essential academic learning requirements and assessments for goals one and two.
(v) The commission on student learning may modify the essential academic learning requirements and the assessments, as needed, before June 30, 1999. The superintendent of public instruction may modify the essential academic learning requirements and the assessments, as needed, after June 30, 1999. The commission and superintendent shall, upon request, provide opportunities for the education committees of the house of representatives and the senate to review the assessments and proposed modifications to the essential academic learning requirements before the modifications are adopted.
(vi) The commission and the superintendent of public instruction shall develop assessments that are directly related to the essential academic learning requirements, and are not biased toward persons with different learning styles, racial or ethnic backgrounds, or on the basis of gender;
(c) After a determination is made by the state board of education that the high school assessment system has been implemented and that it is sufficiently reliable and valid, successful completion of the high school assessment shall lead to a certificate of ((mastery)) achievement. The certificate of ((mastery shall)) achievement may be obtained by most students at about the age of sixteen, and is evidence that the student has successfully mastered the essential academic learning requirements during his or her educational career. The certificate of ((mastery)) achievement shall not be required for graduation ((but shall not be the only requirement for graduation)). ((The commission shall make recommendations to the state board of education regarding the relationship between the certificate of mastery and high school graduation requirements.)) Upon achieving the certificate of ((mastery)) achievement, schools shall provide students with the opportunity to pursue career and educational objectives through educational pathways that emphasize integration of academic and vocational education. Educational pathways may include, but are not limited to, programs such as work-based learning, school-to-work transition, tech prep, vocational-technical education, running start, and preparation for technical college, community college, or university education. Any middle school, junior high school, or high school using educational pathways shall ensure that all participating students will continue to have access to the courses and instruction necessary to meet admission requirements at baccalaureate institutions. Students shall be allowed to enter the educational pathway of their choice. Before accepting a student into an educational pathway, the school shall inform the student's parent of the pathway chosen, the opportunities available to the student through the pathway, and the career objectives the student will have exposure to while pursuing the pathway. Parents and students dissatisfied with the opportunities available through the selected educational pathway shall be provided with the opportunity to transfer the student to any other pathway provided in the school. Schools may not develop educational pathways that retain students in high school beyond the date they are eligible to graduate, and may not require students who transfer between pathways to complete pathway requirements beyond the date the student is eligible to graduate;
(d) Consider methods to address the unique needs of special education students when developing the assessments in (b) and (c) of this subsection;
(e) Consider methods to address the unique needs of highly capable students when developing the assessments in (b) and (c) of this subsection;
(f) Develop recommendations on the time, support, and resources, including technical assistance, needed by schools and school districts to help students achieve the essential academic learning requirements. These recommendations shall include an estimate for the legislature, superintendent of public instruction, and governor on the expected cost of implementing the academic assessment system;
(g) Develop recommendations for consideration by the higher education coordinating board for adopting college and university entrance requirements for public school students that are consistent with the essential academic learning requirements and the certificate of ((mastery)) achievement;
(h) Review current school district data reporting requirements for the purposes of accountability and meeting state information needs. The commission on student learning shall report recommendations to the joint select committee on education restructuring by September 15, 1996, on:
(i) What data is necessary to compare how school districts are performing before the essential academic learning requirements and the assessment system are implemented with how school districts are performing after the essential academic learning requirements and the assessment system are implemented; and
(ii) What data is necessary pertaining to school district reports under the accountability systems developed by the commission on student learning under this section;
(i) Recommend to the legislature, governor, state board of education, and superintendent of public instruction:
(i) A statewide accountability system to monitor and evaluate accurately and fairly at elementary, middle, and high schools the level of learning occurring in individual schools and school districts with regard to the goals included in RCW 28A.150.210 (1) through (4). The accountability system must assess each school individually against its own baseline, schools with similar characteristics, and schools statewide. The system shall include school-site, school district, and state-level accountability reports;
(ii) A school assistance program to help schools and school districts that are having difficulty helping students meet the essential academic learning requirements as measured by performance on the elementary, middle school, and high school assessments;
(iii) A system to intervene in schools and school districts in which significant numbers of students persistently fail to learn the essential academic learning requirements or meet the standards established for the elementary, middle school, and high school assessments; and
(iv) An awards program to provide incentives to school staff to help their students learn the essential academic learning requirements, with each school being assessed individually against its own baseline, schools with similar characteristics, and the statewide average. Incentives shall be based on the rate of percentage change of students achieving the essential academic learning requirements and progress on meeting the statewide average. School staff shall determine how the awards will be spent.
The commission shall make recommendations regarding a statewide accountability system for reading in grades kindergarten through four by November 1, 1997. Recommendations for an accountability system in the other subject areas and grade levels shall be made no later than June 30, 1999;
(j) Report annually by December 1st to the legislature, the governor, the superintendent of public instruction, and the state board of education on the progress, findings, and recommendations of the commission; and
(k) Make recommendations to the legislature and take other actions necessary or desirable to help students meet the student learning goals.
(4) The commission shall coordinate its activities with the state board of education and the office of the superintendent of public instruction.
(5) The commission shall seek advice broadly from the public and all interested educational organizations in the conduct of its work, including holding periodic regional public hearings.
(6) The commission shall select an entity to provide staff support and the office of the superintendent of public instruction shall provide administrative oversight and be the fiscal agent for the commission. The commission may direct the office of the superintendent of public instruction to enter into subcontracts, within the commission's resources, with school districts, teachers, higher education faculty, state agencies, business organizations, and other individuals and organizations to assist the commission in its deliberations.
(7) Members of the commission shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(8)(a) By September 30, 1997, the commission on student learning, the state board of education, and the superintendent of public instruction shall jointly present recommendations to the education committees of the house of representatives and the senate regarding the high school assessments, the certificate of mastery, and high school graduation requirements.
In preparing recommendations, the commission on student learning shall convene an ad hoc working group to address questions, including:
(i) What type of document shall be used to identify student performance and achievement and how will the document be described?
(ii) Should the students be required to pass the high school assessments in all skill and content areas, or only in select skill and content areas, to graduate?
(iii) How will the criteria for establishing the standards for passing scores on the assessments be determined?
(iv) What timeline should be used in phasing-in the assessments as a graduation requirement?
(v) What options may be used in demonstrating how the results of the assessments will be displayed in a way that is meaningful to students, parents, institutions of higher education, and potential employers?
(vi) Are there other or additional methods by which the assessments could be used to identify achievement such as endorsements, standards of proficiency, merit badges, or levels of achievement?
(vii) Should the assessments and certificate of mastery be used to satisfy college or university entrance criteria for public school students? If yes, how should these methods be phased-in?
(b) The ad hoc working group shall report its recommendations to the commission on student learning, the state board of education, and the superintendent of public instruction by June 15, 1997. The commission shall report the ad hoc working group's recommendations to the education committees of the house of representatives and senate by July 15, 1997. Final recommendations of the commission on student learning, the state board of education, and the superintendent of public instruction shall be presented to the education committees of the house of representatives and the senate by September 30, 1997.
(9) The Washington commission on student learning shall expire on June 30, 1999."
POINT OF ORDER
Senator McAuliffe: “A point of order, Mr. President. Would you please ask Senator Johnson to speak just to his amendment specifically? I believe he is speaking about the WASL test as a whole rather than the connection of the certificate of mastery to graduation.”
REPLY BY THE PRESIDENT
President Owen: “I believe that Senator Johnson is speaking to the total issue at hand. Senator Johnson would you please be careful to keep it confined.”
REMARKS BY SENATOR JOHNSON
Senator Johnson: “I am very careful, Mr. President.”
Senator Johnson continued explaining the amendment to the striking amendment.
Further debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Johnson on page 30, after line 28, to the striking amendment by Senators McAuliffe, Finkbeiner, Eide, Rasmussen, Carlson and Regala to Substitute Senate Bill No. 5625
. The motion by Senator Johnson carried on a rising vote and the amendment to the striking amendment was adopted.
MOTION
On motion of Senator Betti Sheldon, further consideration of Substitute Senate Bill No. 5625 was deferred.
PARLIAMENTARY INQUIRY
Senator McCaslin: “A parliamentary inquiry, Mr. President. I wish for you to tell me that I am reading Rule 224 correctly in Reed’s Rules? It states ‘It is not permissible to allude to the action of the other house of the legislature, or to refer to a debate there.’ I alluded to a House member or to people that came from the House. I did not allude to any action of the House and I want to make sure that I understand this rule properly versus the interpretation taken by those members of this body that have been members of the House.”
REPLY BY THE PRESIDENT
President Owen: “Senator McCaslin, the President believes that this is a very difficult and fine line that we walk on this issue in referencing the other body. As you read, the purpose of that amendment is to prevent ill will between the two bodies, which can also be created when you are referencing individual members, although it does not say specifically ‘individual members.’ We have traditionally held that. We try to avoid referencing individual members for the same purpose, although it is not specifically in there. You are correct, the rule does refer specifically to the body, but the President will exercise some discretion if members are being carried away in their references to other members as well.”
Senator McCaslin: “Then my interpretation is correct and that it speaks and alludes to actions of the other body or the House, rather than in mentioning a former House member?”
President Owen: “That is correct.”
Senator McCaslin: “Thank you, Mr. President.”
President Owen: “Senator McCaslin, in just one slight clarification. If in fact, you are referencing the other members as to their debate, then the President would believe that that would be out of order, because it is of reference of debate in the other house as well.”
Senator McCaslin: “I have never done that Mr. President, nor do I intend to.”
There being no objection, the Senate resumed consideration of Second Substitute Senate Bill No. 5593 deferred on second reading earlier today.
MOTION
Senator Gardner moved that the following striking amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 18.04.015 and 1992 c 103 s 1 are each amended to read as follows:
(1) It is the policy of this state and the purpose of this chapter:
(a) To promote the dependability of information which is used for guidance in financial transactions or for accounting for or assessing the status or performance of commercial and noncommercial enterprises, whether public, private or governmental; and
(b) To protect the public interest by requiring that:
(i) Persons who hold themselves out ((to the public)) as ((certified public accountants who offer to perform, or perform for clients, professional services, including but not limited to one or more kinds of services involving the use of accounting or auditing skills, including the issuance of "audit reports," "review reports," or "compilation reports" on financial statements, or one or more kinds of management advisory, or consulting services, the preparation of tax returns, or the furnishing of advice on tax matters, perform such services)) licensees or certificate holders conduct themselves in a competent, ethical, and professional manner;
(ii) A public authority be established that is competent to prescribe and assess the qualifications of certified public accountants, including certificate holders who are not licensed for the practice of public accounting;
(iii) Persons other than ((certified public accountants)) licensees refrain from using the words "audit," "review," and "compilation" when designating a report customarily prepared by someone knowledgeable in accounting; ((and))
(iv) A public authority be established to provide for consumer alerts and public protection information to be published regarding persons or firms who violate the provisions of this act or board rule and to provide general consumer protection information to the public; and
(v) The use of accounting titles likely to confuse the public be prohibited.
(2) The purpose of this act is to make revisions to chapter 234, Laws of 1983 and chapter 103, Laws of 1992 to: Fortify the public protection provisions of this act; establish one set of qualifications to be a licensee; revise the regulations of certified public accountants; make revisions in the ownership of certified public accounting firms; assure to the greatest extent possible that certified public accountants from Washington state are substantially equivalent with certified public accountants in other states and can therefore perform the duties of certified public accountants in as many states and countries as possible; assure certified public accountants from other states and countries have met qualifications that are substantially equivalent to the certified public accountant qualifications of this state; and clarify the authority of the board of accountancy with respect to the activities of persons holding licenses and certificates under this chapter. It is not the intent of this act to in any way restrict or limit the activities of persons not holding licenses or certificates under this chapter except as otherwise specifically restricted or limited by chapter 234, Laws of 1983 and chapter 103, Laws of 1992.
(3) A purpose of chapter 103, Laws of 1992, revising provisions of chapter 234, Laws of 1983, is to clarify the authority of the board of accountancy with respect to the activities of persons holding certificates under this chapter. Furthermore, it is not the intent of chapter 103, Laws of 1992 to in any way restrict or limit the activities of persons not holding certificates under this chapter except as otherwise specifically restricted or limited by chapter 234, Laws of 1983.
Sec. 2. RCW 18.04.025 and 1999 c 378 s 1 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Board" means the board of accountancy created by RCW 18.04.035.
(2) "Certificate holder" means the holder of a certificate as a certified public accountant who has not become a licensee, has maintained CPE requirements, and who does not practice public accounting.
(3) "Certified public accountant" or "CPA" means a person holding a certified public accountant license or certificate.
(((3))) (4) "State" includes the states of the United States, the District of Columbia, Puerto Rico, Guam, and the United States Virgin Islands.
(((4))) (5) "Reports on financial statements" means any reports or opinions prepared by ((certified public accountants)) licensees, based on services performed in accordance with generally accepted auditing standards, standards for attestation engagements, or standards for accounting and review services as to whether the presentation of information used for guidance in financial transactions or for accounting for or assessing the status or performance of commercial and noncommercial enterprises, whether public, private, or governmental, conforms with generally accepted accounting principles or other comprehensive bases of accounting. "Reports on financial statements" does not include services referenced in RCW 18.04.350(6) provided by persons not holding a license under this chapter.
(((5))) (6) The "practice of public accounting" means performing or offering to perform by a person or firm holding itself out to the public as a licensee, for a client or potential client, one or more kinds of services involving the use of accounting or auditing skills, including the issuance of "audit reports," "review reports," or "compilation reports" on financial statements, or one or more kinds of management advisory, or consulting services, or the preparation of tax returns, or the furnishing of advice on tax matters. The "practice of public accounting" shall not include practices that are permitted under the provisions of RCW 18.04.350(6) by persons or firms not required to be licensed under this chapter.
(((6))) (7) "Firm" means a sole proprietorship, a corporation, or a partnership. "Firm" also means a limited liability company formed under chapter 25.15 RCW.
(((7))) (8) "CPE" means continuing professional education.
(((8))) (9) "Certificate" means a certificate as a certified public accountant issued prior to July 1, 2001, as authorized under the provisions of this chapter((, or a corresponding certificate issued by another state or foreign jurisdiction that is recognized in accordance with the reciprocity provisions of RCW 18.04.180 and 18.04.183)).
(((9))) (10) "Licensee" means the holder of a ((valid)) license to practice public accountancy issued under this chapter.
(((10))) (11) "License" means a license to practice public accountancy issued to an individual under this chapter, or a license issued to a firm under this chapter.
(((11))) (12) "Manager" means a manager of a limited liability company licensed as a firm under this chapter.
(13) "NASBA" means the national association of state boards of accountancy.
(14) "Quality assurance review" means a process established by and conducted at the direction of the board of study, appraisal, or review of one or more aspects of the ((professional)) attest work of a ((person)) licensee or licensed firm in the practice of public accountancy, by a person or persons who hold ((certificates)) licenses and who are not affiliated with the person or firm being reviewed.
(((12) "Quality review")) (15) "Peer review" means a study, appraisal, or review of one or more aspects of the ((professional)) attest work of a ((person)) licensee or licensed firm in the practice of public accountancy, by a person or persons who hold ((certificates)) licenses and who are not affiliated with the person or firm being reviewed, including a peer review, or any internal review or inspection intended to comply with quality control policies and procedures, but not including the "quality assurance review" under subsection (((11))) (14) of this section.
(((13))) (16) "Review committee" means any person carrying out, administering or overseeing a ((quality)) peer review authorized by the reviewee.
(((14))) (17) "Rule" means any rule adopted by the board under authority of this chapter.
(((15))) (18) "Holding out" means any representation to the public by the use of restricted titles as set forth in RCW 18.04.345 by a person or firm that the person or firm ((is a certified public accountant)) holds a license under this chapter and that the person or firm offers to perform any professional services to the public as a ((certified public accountant)) licensee. "Holding out" shall not affect or limit ((a person not required to hold a certificate under this chapter or)) a person or firm not required to hold a license under this chapter from engaging in practices identified in RCW 18.04.350(((6))).
(19) "Natural person" means a living, human being.
(20) "Inactive" means the certificate is in an inactive status because a person who held a valid certificate before July 1, 2001, has not met the current requirements of licensure and has been granted inactive certificate holder status through an approval process established by the board.
Sec. 3. RCW 18.04.035 and 1992 c 103 s 3 are each amended to read as follows:
(1) There is created a board of accountancy for the state of Washington to be known as the Washington state board of accountancy. Effective June 30, 2001, the board shall consist of ((seven)) nine members appointed by the governor. Members of the board shall include ((four)) six persons who ((hold valid certified public accountant certificates and have been in public practice as certified public accountants)) have been licensed in this state continuously for the previous ten years ((and two persons who have held a valid certified public accountant's certificate in this state for at least ten years)). ((The seventh)) Three members shall be ((the)) public members ((and shall be a person who is)) qualified to judge whether the qualifications, activities, and professional practice of those regulated under this chapter conform with standards to protect the public interest, including one public member qualified to represent the interests of clients of individuals and firms licensed under this chapter.
(2) The members of the board ((of accountancy)) shall be appointed by the governor to a term of three years. Vacancies occurring during a term shall be filled by appointment for the unexpired term. Upon the expiration of a member's term of office, the member shall continue to serve until a successor has been appointed and has assumed office. The governor shall remove from the board any member whose ((certificate or)) license to practice has been revoked or suspended and may, after hearing, remove any member of the board for neglect of duty or other just cause. No person who has served two successive complete terms is eligible for reappointment. Appointment to fill an unexpired term is not considered a complete term. In order to stagger their terms, of the two new appointments made to the board upon June 11, 1992, the first appointed member shall serve a term of two years initially.
Sec. 4. RCW 18.04.045 and 1992 c 103 s 4 are each amended to read as follows:
(1) The board shall annually elect a chair, a vice-chair, and a secretary from its members.
(2) A majority of the board constitutes a quorum for the transaction of business.
(3) The board shall have a seal which shall be judicially noticed.
(4) The board shall keep records of its proceedings, and of any proceeding in court arising from or founded upon this chapter. Copies of these records certified as correct under the seal of the board are admissible in evidence as tending to prove the content of the records.
(5) The governor shall appoint an executive director of the board, who shall serve at the pleasure of the governor. The executive director may employ such personnel as is appropriate for carrying out the purposes of this chapter. The executive director shall hold a valid Washington ((CPA certificate)) license. The board may arrange for such volunteer assistance as it requires to perform its duties. Individuals or committees assisting the board constitute volunteers for purposes of chapter 4.92 RCW.
(6) The board shall file an annual report of its activities with the governor. The report shall include, but not be limited to, a statement of all receipts and disbursements. Upon request, the board shall mail a copy of each annual report to any member of the public.
(7) In making investigations concerning alleged violations of the provisions of this chapter and in all proceedings under RCW 18.04.295 or chapter 34.05 RCW, the board chair, or a member of the board, or a board designee acting in the chair's place, may administer oaths or affirmations to witnesses appearing before the board, subpoena witnesses and compel their attendance, take testimony, and require that documentary evidence be submitted.
(8) The board may review the publicly available professional work of licensees on a general and random basis, without any requirement of a formal complaint or suspicion of impropriety on the part of any particular licensee. If as a result of such review the board discovers reasonable grounds for a more specific investigation, the board may proceed under its investigative and disciplinary rules.
(9) The board may provide for consumer alerts and public protection information to be published regarding persons or firms who violate the provisions of this chapter or board rule and may provide general consumer protection information to the public.
(10) As provided in RCW 18.04.370, the board may enter into stipulated agreements and orders of assurance with persons who have violated the provisions of RCW 18.04.345 or certify the facts to the prosecuting attorney of the county in which such person resides for criminal prosecution.
Sec. 5. RCW 18.04.055 and 1992 c 103 s 5 are each amended to read as follows:
The board may adopt and amend rules under chapter 34.05 RCW for the orderly conduct of its affairs. The board shall prescribe rules consistent with this chapter as necessary to implement this chapter. Included may be:
(1) Rules of procedure to govern the conduct of matters before the board;
(2) Rules of professional conduct for all ((certificate and license holders)) licensees, certificate holders, and nonlicensee owners of licensed firms, in order to establish and maintain high standards of competence and ethics ((of certified public accountants)) including rules dealing with independence, integrity, objectivity, and freedom from conflicts of interest;
(3) Rules specifying actions and circumstances deemed to constitute holding oneself out as a licensee in connection with the practice of public accountancy;
(4) Rules specifying the manner and circumstances of the use of the titles "certified public accountant" and "CPA," by holders of certificates who do not also hold licenses under this chapter;
(5) Rules specifying the educational requirements to take the certified public accountant examination ((or for the issuance of the certificate or license of certified public accountant));
(6) Rules designed to ensure that ((certified public accountants')) licensees' "reports on financial statements" meet the definitional requirements for that term as specified in RCW 18.04.025;
(7) Requirements for ((continuing professional education)) CPE to maintain or improve the professional competence of ((certificate and license holders)) licensees as a condition to maintaining their ((certificate or)) license ((to practice)) and certificate holders as a condition to maintaining their certificate under RCW 18.04.215;
(8) Rules governing ((sole proprietors, partnerships, and corporations practicing public accounting)) firms issuing or offering to issue reports on financial statements or using the title "certified public accountant" or "CPA" including, but not limited to, rules concerning their style, name, title, and affiliation with any other organization, and establishing reasonable practice and ethical standards to protect the public interest;
(9) The board may by rule implement a quality assurance review program as a means to monitor licensees' quality of practice and compliance with professional standards. The board may exempt from such program, licensees who undergo periodic ((quality)) peer reviews in programs of the American Institute of Certified Public Accountants, ((National Association of State Boards of Accountancy)) NASBA, or other programs recognized and approved by the board;
(10) The board may by rule require licensed firms to obtain professional liability insurance if in the board's discretion such insurance provides additional and necessary protection for the public; ((and))
(11) Rules specifying the experience requirements in order to qualify for a license;
(12) Rules specifying the requirements for certificate holders to qualify for a license under this chapter which must include provisions for meeting CPE and experience requirements prior to application for licensure;
(13) Rules specifying the registration requirements, including ethics examination and fee requirements, for resident nonlicensee partners, shareholders, and managers of licensed firms;
(14) Rules specifying the ethics CPE requirements for certificate holders and owners of licensed firms, including the process for reporting compliance with those requirements;
(15) Rules specifying the experience and CPE requirements for licensees offering or issuing reports on financial statements; and
(16) Any other rule which the board finds necessary or appropriate to implement this chapter.
Sec. 6. RCW 18.04.065 and 1992 c 103 s 6 are each amended to read as follows:
The board shall set its fees at a level adequate to pay the costs of administering this chapter. ((Beginning in the 1993-95 biennium,)) All fees for ((certified public accountants')) licenses, ((certificates,)) registrations of nonlicensee partners, shareholders, and managers of licensed firms, renewals of licenses, renewals of registrations of nonlicensee partners, shareholders, and managers of licensed firms, renewals of certificates, reinstatements of lapsed licenses, reinstatements of lapsed certificates, reinstatements of lapsed registrations of nonlicensee partners, shareholders, and managers of licensed firms, and delinquent filings received under the authority of this chapter shall be deposited in the certified public accountants' account created by RCW 18.04.105. Appropriation from such account shall be made only for the cost of administering the provisions of this chapter.
Sec. 7. RCW 18.04.105 and 2000 c 171 s 2 are each amended to read as follows:
(1) ((The certificate of "certified public accountant")) A license to practice public accounting shall be granted by the board to any person:
(a) Who is of good character. Good character, for purposes of this section, means lack of a history of dishonest or felonious acts. The board may refuse to grant a ((certificate)) license on the ground of failure to satisfy this requirement only if there is a substantial connection between the lack of good character of the applicant and the professional and ethical responsibilities of a ((certified public accountant)) licensee and if the finding by the board of lack of good character is supported by a preponderance of evidence. When an applicant is found to be unqualified for a ((certificate)) license because of a lack of good character, the board shall furnish the applicant a statement containing the findings of the board and a notice of the applicant's right of appeal;
(b) Who has met the educational standards established by rule as the board determines to be appropriate;
((The board may, in its discretion, waive the educational requirements for any person if it is satisfied through review of documentation of successful completion of an equivalency examination that the person's educational qualifications are an acceptable substitute for the requirements of (b) of this subsection; and))
(c) Who has passed ((a written)) an examination;
(d) Who has had one year of experience which is gained:
(i) Through the use of accounting, issuing reports on financial statements, management advisory, financial advisory, tax, tax advisory, or consulting skills;
(ii) While employed in government, industry, academia, or public practice; and
(iii) Meeting the competency requirements in a manner as determined by the board to be appropriate and established by board rule; and
(e) Who has paid appropriate fees as established by rule by the board.
(2) The examination described in subsection (1)(c) of this section ((shall be in writing, shall be held twice a year, and)) shall test the applicant's knowledge of the subjects of accounting and auditing, and other related fields the board may specify by rule. The time for holding the examination is fixed by the board and may be changed from time to time. The board shall prescribe by rule the methods of applying for and taking the examination, including methods for grading ((papers)) examinations and determining a passing grade required of an applicant for a ((certificate)) license. The board shall to the extent possible see to it that the grading of the examination, and the passing grades, are uniform with those applicable to all other states. The board may make use of all or a part of the uniform certified public accountant examination and advisory grading service of the American Institute of Certified Public Accountants and may contract with third parties to perform administrative services with respect to the examination as the board deems appropriate to assist it in performing its duties under this chapter. The board shall establish by rule provisions for transitioning to a new examination structure or to a new media for administering the examination.
(3) ((An applicant is required to pass all sections of the examination provided for in subsection (2) of this section in order to qualify for a certificate. If at a given sitting of the examination an applicant passes two or more but not all sections, then the applicant shall be given credit for those sections that he or she passed, and need not take those sections again: PROVIDED, That:
(a) The applicant took all sections of the examination at that sitting;
(b) The applicant attained a minimum grade of fifty on each section not passed at that sitting;
(c) The applicant passes the remaining sections of the examination within six consecutive examinations given after the one at which the first sections were passed;
(d) At each subsequent sitting at which the applicant seeks to pass additional sections, the applicant takes all sections not yet passed; and
(e) In order to receive credit for passing additional sections in a subsequent sitting, the applicant attains a minimum grade of fifty on sections written but not passed on the sitting.
(4) The board may waive or defer any of the requirements of subsection (3) of this section for candidates transferring conditional CPA exam credits from other states or for qualifying reciprocity certification applicants who met the conditioning requirements of the state or foreign jurisdiction issuing their original certificate.
(5))) The board shall charge each applicant an examination fee for the initial examination ((under subsection (1) of this section,)) or for reexamination ((under subsection (3) of this section for each subject in which the applicant is reexamined)). The applicable fee shall be paid by the person at the time he or she applies for examination, reexamination, or evaluation of educational qualifications. Fees for examination, reexamination, or evaluation of educational qualifications shall be determined by the board under chapter 18.04 RCW. There is established in the state treasury an account to be known as the certified public accountants' account. All fees received from candidates to take any or all sections of the certified public accountant examination shall be used only for costs related to the examination.
(((6) Persons who on June 30, 1986, held certified public accountant certificates previously issued under the laws of this state shall not be required to obtain additional certificates under this chapter, but shall otherwise be subject to this chapter. Certificates previously issued shall, for all purposes, be considered certificates issued under this chapter and subject to its provisions.
(7) A certificate of a "certified public accountant" under this chapter is issued every three years with renewal subject to requirements of continuing professional education and payment of fees, prescribed by the board.
(8) The board shall adopt rules providing for continuing professional education for certified public accountants. The rules shall:
(a) Provide that a certified public accountant shall verify to the board that he or she has completed at least an accumulation of one hundred twenty hours of continuing professional education during the last three-year period to maintain the certificate;
(b) Establish continuing professional education requirements;
(c) Establish when newly certificated public accountants shall verify that they have completed the required continuing professional education;
(d) Provide that failure to furnish verification of the completion of the continuing professional education requirement shall make the certificate invalid and subject to reinstatement, unless the board determines that the failure was due to retirement, reasonable cause, or excusable neglect; and
(e) Provide for transition from existing to new continuing professional education requirements.
(9) The board may adopt by rule new CPE standards that differ from those in subsection (8) of this section or RCW 18.04.215 if: (a) The new standards are consistent with the continuing professional education standards of other states so as to provide to the greatest extent possible, consistent national standards; and (b) the new standards are at least as strict as the standards set forth in subsection (8) of this section or RCW 18.04.215.))
(4) Persons who on June 30, 2001, held valid certificates previously issued under this chapter shall be deemed to be certificate holders, subject to the following:
(a) Certificate holders may, prior to June 30, 2004, petition the board to become licensees by documenting to the board that they have gained one year of experience through the use of accounting, issuing reports on financial statements, management advisory, financial advisory, tax, tax advisory, or consulting skills, without regard to the eight-year limitation set forth in (b) of this subsection, while employed in government, industry, academia, or public practice.
(b) Certificate holders who do not petition to become licensees prior to June 30, 2004, may after that date petition the board to become licensees by documenting to the board that they have one year of experience acquired within eight years prior to applying for a license through the use of accounting, issuing reports on financial statements, management advisory, financial advisory, tax, tax advisory, or consulting skills in government, industry, academia, or public practice.
(c) Certificate holders who petition the board pursuant to (a) or (b) of this subsection must also meet competency requirements in a manner as determined by the board to be appropriate and established by board rule.
(d) Any certificate holder petitioning the board pursuant to (a) or (b) of this subsection to become a licensee must submit to the board satisfactory proof of having completed an accumulation of one hundred twenty hours of CPE during the thirty-six months preceding the date of filing the petition.
(e) Any certificate holder petitioning the board pursuant to (a) or (b) of this subsection to become a licensee must pay the appropriate fees established by rule by the board.
(5) Certificate holders shall comply with the prohibition against the practice of public accounting in RCW 18.04.345.
(6) Persons who on June 30, 2001, held valid certificates previously issued under this chapter are deemed to hold inactive certificates, subject to renewal as inactive certificates, until they have petitioned the board to become licensees and have met the requirements of subsection (4) of this section. No individual who did not hold a valid certificate before July 1, 2001, is eligible to obtain an inactive certificate.
(7) Persons deemed to hold inactive certificates under subsection (6) of this section shall comply with the prohibition against the practice of public accounting in subsection (8)(b) of this section and RCW 18.04.345, but are not required to display the term inactive as part of their title, as required by subsection (8)(a) of this section until renewal. Certificates renewed to any persons after June 30, 2001, are inactive certificates and the inactive certificate holders are subject to the requirements of subsection (8) of this section.
(8) Persons holding an inactive certificate:
(a) Must use or attach the term "inactive" whenever using the title CPA or certified public accountant or referring to the certificate, and print the word "inactive" immediately following the title, whenever the title is printed on a business card, letterhead, or any other document, including documents published or transmitted through electronic media, in the same font and font size as the title; and
(b) Are prohibited from practicing public accounting.
Sec. 8. RCW 18.04.180 and 1992 c 103 s 8 are each amended to read as follows:
(1) The board shall issue a ((certificate to a holder of a certificate issued by another state, or shall issue a certificate and)) license to a holder of a certificate/valid license issued by another state that entitles the holder to practice public accountancy, provided that:
(((1))) (a) Such state makes similar provision to grant reciprocity to a holder of a ((certificate or)) valid certificate ((and valid)) or license in this state; ((and
(2))) (b) The applicant meets the ((continuing professional education)) CPE requirements of RCW ((18.04.105(8))) 18.04.215(5); ((and
(3) If the application is for a certificate only:
(a) The applicant passed the examination required for issuance of his or her certificate with grades that would have been passing grades at that time in this state; and
(b) The applicant: Meets all current requirements in this state for issuance of a certificate at the time application is made; or at the time of the issuance of the applicant's certificate in the other state, met all the requirements then applicable in this state; or
(4) If the application is for a certificate and license:
(a))) (c) The applicant meets the good character requirements of RCW 18.04.105(1)(a); and
(d) The applicant passed the examination required for issuance of his or her certificate or license with grades that would have been passing grades at that time in this state((;)) and
(((b) The applicant:)) meets all current requirements in this state for issuance of a license at the time application is made; or at the time of the issuance of the applicant's license in the other state, met all the requirements then applicable in this state; or has had five years of experience within the ten years immediately preceding application in the practice of public accountancy that meets the requirements prescribed by the board.
(2) The board may accept NASBA's designation of the applicant as substantially equivalent to national standards as meeting the requirement of subsection (1)(d) of this section.
(3) A licensee who has been granted a license under the reciprocity provisions of this section shall notify the board within thirty days if the license or certificate issued in the other jurisdiction has lapsed or if the status of the license or certificate issued in the other jurisdiction becomes otherwise invalid.
Sec. 9. RCW 18.04.183 and 1999 c 378 s 3 are each amended to read as follows:
The board shall grant a ((certificate or)) license as a certified public accountant to a holder of a permit, license, or certificate issued by a foreign country's board, agency, or institute, provided that:
(1) The foreign country where the foreign permit, license, or certificate was issued is a party to an agreement on trade with the United States that encourages the mutual recognition of licensing and certification requirements for the provision of covered services by the parties under the trade agreement; ((and))
(2) Such foreign country's board, agency, or institute makes similar provision to allow a person who holds a valid ((certificate)) license issued by this state to obtain such foreign country's comparable permit, license, or certificate; ((and))
(3) The foreign permit, license, or certificate:
(a) Was duly issued by such foreign country's board, agency, or institute that regulates the practice of public accountancy; and
(b) Is in good standing at the time of the application; and
(c) Was issued upon the basis of educational, examination, experience, and ethical requirements substantially equivalent currently or at the time of issuance of the foreign permit, license, or certificate to those in this state; ((and))
(4) The applicant has within the thirty-six months prior to application completed an accumulation of one hundred twenty hours of ((continuing professional education)) CPE as required under RCW ((18.04.105(8))) 18.04.215(5). The board shall provide for transition from existing to new ((continuing professional education)) CPE requirements; ((and))
(5) ((If the application is for a certificate:
(a))) The applicant's foreign permit, license, or certificate was the type of permit, license, or certificate requiring the most stringent qualifications if, in the foreign country, more than one type of permit, license, or certificate is issued. This state's board shall decide which are the most stringent qualifications; ((and
(b))) (6) The applicant has passed a written examination or its equivalent, approved by the board, that tests knowledge in the areas of United States accounting principles, auditing standards, commercial law, income tax law, and Washington state rules of professional ethics; ((or
(6) If the application is for a certificate and license:
(a) The requirements of subsections (1) through (5) of this section are satisfied;)) and
(((b))) (7) The applicant has within the ((five)) eight years prior to applying for ((the certificate and)) a license under this section, demonstrated, in accordance with the rules issued by the board, one year of public accounting experience, within the foreign country where the foreign permit, license, or certificate was issued, equivalent to the experience required under RCW 18.04.215(1)(a) or such other experience or employment which the board in its discretion regards as substantially equivalent.
The board may adopt by rule new CPE standards that differ from those in subsection (4) of this section or RCW 18.04.215 if the new standards are consistent with the ((continuing professional education)) CPE standards of other states so as to provide to the greatest extent possible, consistent national standards.
A licensee who has been granted a license under the reciprocity provisions of this section shall notify the board within thirty days if the permit, license, or certificate issued in the other jurisdiction has lapsed or if the status of the permit, license, or certificate issued in the other jurisdiction becomes otherwise invalid.
Sec. 10. RCW 18.04.185 and 1999 c 378 s 4 are each amended to read as follows:
(((1) Application for certification as certified public accountants by persons who are not residents of this state constitutes appointment of the secretary of state as an agent for service of process in any action or proceeding against the applicants arising from any transaction, activity, or operation connected with or incidental to the practice of public accounting in this state by nonresident holders of certified public accountant certificates.
(2))) Application for a license to practice public accounting in this state by a certified public accountant or CPA firm who holds a license or permit to practice issued by another state constitutes the appointment of the secretary of state as an agent for service of process in any action or proceeding against the applicant arising from any transaction or operation connected with or incidental to the practice of public accounting in this state by the holder of the license to practice.
Sec. 11. RCW 18.04.195 and 1999 c 378 s 5 are each amended to read as follows:
(1) A sole proprietorship engaged in business in this state ((in the practice of public accounting)) and offering to issue or issuing reports on financial statements or using the title CPA or certified public accountant shall license, as a firm, every three years with the board ((as a firm)).
(a) ((The principal purpose and business of the firm shall be to furnish services to the public which are consistent with this chapter and the rules of the board.
(b))) The ((person)) sole proprietor shall ((be a certified public accountant holding)) hold a license to practice under RCW 18.04.215((.));
(((c))) (b) Each resident ((licensee)) person in charge of an office ((of the sole proprietorship engaged in this state in the practice of public accounting)) located in this state shall ((be a certified public accountant holding)) hold a license to practice under RCW 18.04.215; and
(c) The licensed firm must meet competency requirements established by rule by the board.
(2) A partnership engaged in business in this state ((in the practice of public accounting)) and offering to issue or issuing reports on financial statements or using the title CPA or certified public accountant shall license as a firm every three years with the board ((as a partnership of certified public accountants)), and shall meet the following requirements:
(a) ((The principal purpose and business of the partnership shall be to furnish services to the public which are consistent with this chapter and the rules of the board;
(b))) At least one general partner of the partnership shall ((be a certified public accountant holding)) hold a license to practice under RCW 18.04.215;
(((c))) (b) Each resident ((licensee)) person in charge of an office ((of the partnership)) in this state ((and each resident partner personally engaged within this state in the practice of public accounting)) shall ((be a certified public accountant holding)) hold a license to practice under RCW 18.04.215;
(c) A simple majority of the ownership of the licensed firm in terms of financial interests and voting rights of all partners or owners shall be held by natural persons who are licensees or holders of a valid license issued under this chapter or by another state that entitles the holder to practice public accounting in this state. The principal partner of the partnership and any partner having authority over issuing reports on financial statements shall hold a license under this chapter or issued by another state that entitles the holder to practice public accounting in this state; and
(d) The licensed firm must meet competency requirements established by rule by the board.
(3) A corporation ((organized for the practice of public accounting and)) engaged in business in this state ((in the practice of public accounting)) and offering to issue or issuing reports on financial statements or using the title CPA or certified public accountant shall license as a firm every three years with the board ((as a corporation of certified public accountants)) and shall meet the following requirements:
(a) ((The principal purpose and business of the corporation shall be to furnish services to the public which are consistent with this chapter and the rules of the board; and
(b) Each shareholder of the corporation shall be a certified public accountant of some state holding a license to practice and shall be)) A simple majority of the ownership of the licensed firm in terms of financial interests and voting rights of all shareholders or owners shall be held by natural persons who are licensees or holders of a valid license issued under this chapter or by another state that entitles the holder to practice public accounting in this state and is principally employed by the corporation or actively engaged in its business. ((No other person may have any interest in the stock of the corporation.)) The principal officer of the corporation and any officer or director having authority over ((the practice of public accounting by the corporation)) issuing reports on financial statements shall ((be a certified public accountant of some state holding)) hold a license ((to practice)) under this chapter or issued by another state that entitles the holder to practice public accounting in this state;
(((c))) (b) At least one shareholder of the corporation shall ((be a certified public accountant holding)) hold a license ((to practice)) under RCW 18.04.215;
(((d))) (c) Each resident ((licensee)) person in charge of an office ((of the corporation)) located in this state ((and each shareholder or director personally engaged within this state in the practice of public accounting)) shall ((be a certified public accountant holding)) hold a license ((to practice)) under RCW 18.04.215;
(((e))) (d) A written agreement shall bind the corporation or its shareholders to purchase any shares offered for sale by, or not under the ownership or effective control of, a qualified shareholder, and bind any holder not a qualified shareholder to sell the shares to the corporation or its qualified shareholders. The agreement shall be noted on each certificate of corporate stock. The corporation may purchase any amount of its stock for this purpose, notwithstanding any impairment of capital, as long as one share remains outstanding; ((and
(f))) (e) The corporation shall comply with any other rules pertaining to corporations practicing public accounting in this state as the board may prescribe; and
(f) The licensed firm must meet competency requirements established by rule by the board.
(4) A limited liability company engaged in business in this state ((in the practice of public accounting)) and offering to issue or issuing reports on financial statements or using the title CPA or certified public accountant shall license as a firm every three years with the board ((as a limited liability company of certified public accountants)), and shall meet the following requirements:
(a) ((The principal purpose and business of the limited liability company shall be to furnish services to the public which are consistent with this chapter and the rules of the board;
(b))) At least one ((manager)) member of the limited liability company shall ((be a certified public accountant holding)) hold a license ((to practice)) under RCW 18.04.215;
(((c))) (b) Each resident manager or member in charge of an office ((of the limited liability company)) located in this state ((and each resident manager or member personally engaged within this state in the practice of public accounting)) shall ((be a certified public accountant holding)) hold a license ((to practice)) under RCW 18.04.215;
(c) A simple majority of the ownership of the licensed firm in terms of financial interests and voting rights of all owners shall be held by natural persons who are licensees or holders of a valid license issued under this chapter or by another state that entitles the holder to practice public accounting in this state. The principal member or manager of the limited liability company and any member having authority over issuing reports on financial statements shall hold a license under this chapter or issued by another state that entitles the holder to practice public accounting in this state; and
(d) The licensed firm must meet competency requirements established by rule by the board.
(5) Application for a license as a firm shall be made upon the affidavit of the proprietor or person designated as managing partner, member, or shareholder for Washington. This person shall ((be a certified public accountant holding)) hold a license ((to practice)) under RCW 18.04.215. The board shall determine in each case whether the applicant is eligible for a license. A partnership ((or)), corporation, or limited liability company which is licensed to practice under RCW 18.04.215 may use the designation "certified public accountants" or "CPAs" in connection with its partnership, limited liability company, or corporate name. The board shall be given notification within ninety days after the admission or withdrawal of a partner ((or)), shareholder, or member engaged in this state in the practice of public accounting from any partnership ((or)), corporation, or limited liability company so licensed.
(6) Licensed firms which fall out of compliance with the provisions of this section due to changes in firm ownership or personnel, after receiving or renewing a license, shall notify the board in writing within thirty days of its falling out of compliance and propose a time period in which they will come back into compliance. The board may grant a reasonable period of time for a firm to be in compliance with the provisions of this section. Failure to bring the firm into compliance within a reasonable period of time, as determined by the board, may result in suspension, revocation, or imposition of conditions on the firm's license.
(7) Fees for the license as a firm and for notification of the board of the admission or withdrawal of a partner ((or)), shareholder, or member shall be determined by the board. Fees shall be paid by the firm at the time the license application form or notice of admission or withdrawal of a partner ((or)), shareholder, or member is filed with the board.
(8) Nonlicensee owners of licensed firms are:
(a) Required to fully comply with the provisions of this chapter and board rules;
(b) Required to be a natural person;
(c) Required to be an active individual participant in the licensed firm or affiliated entities as these terms are defined by board rule; and
(d) Subject to discipline by the board for violation of this chapter.
(9) Resident nonlicensee owners of licensed firms are required to meet:
(a) The ethics examination, registration, and fee requirements as established by the board rules; and
(b) The ethics CPE requirements established by the board rules.
Sec. 12. RCW 18.04.205 and 1999 c 378 s 6 are each amended to read as follows:
(1) Each office established or maintained in this state for the ((practice of public accounting)) purpose of offering to issue or issuing reports on financial statements in this state ((by a certified public accountant, or a partnership or corporation of certified public accountants)) or that uses the title "certified public accountant" or "CPA," shall register with the board under this chapter every three years.
(2) Each office shall be under the direct supervision of a resident licensee holding a license under RCW 18.04.215 ((who may be a sole proprietor, partner, principal shareholder, or a staff employee)).
(3) The board shall by rule prescribe the procedure to be followed to register and maintain offices established in this state for the ((practice of public accounting)) purpose of offering to issue or issuing reports on financial statements or that use the title "certified public accountant" or "CPA."
(4) Fees for the registration of offices shall be determined by the board. Fees shall be paid by the applicant at the time the registration form is filed with the board.
Sec. 13. RCW 18.04.215 and 1999 c 378 s 7 are each amended to read as follows:
(1) Three-year licenses shall be issued by the board:
(a) To ((holders of certificates as certified public accountants who have demonstrated, in accordance with rules issued by the board, one year of public accounting experience, or such other experience or employment which the board in its discretion regards as substantially equivalent and who, if their certificate was issued more than forty-eight months prior to application under this section, submit to the board satisfactory proof of having completed an accumulation of one hundred twenty hours of continuing professional education during the thirty-six months preceding the application;)) persons meeting the requirements of RCW 18.04.105(1), 18.04.180, or 18.04.183.
(b) To certificate holders meeting the requirements of RCW 18.04.105(4).
(c) To firms under RCW 18.04.195, ((if all offices of the firm in this state are maintained and registered as required under)) meeting the requirements of RCW 18.04.205.
(2) The board shall, by rule, provide for a system of certificate and license renewal and reinstatement. Applicants for ((issuance or)) renewal ((of certificates or licenses)) or reinstatement shall, at the time of filing their applications, list with the board all states and foreign jurisdictions in which they hold or have applied for certificates, permits or licenses to practice.
(3) An inactive certificate is renewed every three years with renewal subject to the requirements of ethics CPE and the payment of fees, prescribed by the board. Failure to renew the inactive certificate shall cause the inactive certificate to lapse and be subject to reinstatement. The board shall adopt rules providing for fees and procedures for renewal and reinstatement of inactive certificates.
(4) A license is issued every three years with renewal subject to requirements of CPE and payment of fees, prescribed by the board. Failure to renew the license shall cause the license to lapse and become subject to reinstatement. Persons holding a lapsed license are prohibited from using the title "CPA" or "certified public accountant." Persons holding a lapsed license are prohibited from practicing public accountancy. The board shall adopt rules providing for fees and procedures for issuance, renewal, and reinstatement of licenses.
(5) The board shall adopt rules providing for CPE for licensees and certificate holders. The rules shall:
(a) Provide that a licensee shall verify to the board that he or she has completed at least an accumulation of one hundred twenty hours of CPE during the last three-year period to maintain the license;
(b) Establish CPE requirements; and
(c) Establish when new licensees shall verify that they have completed the required CPE.
(6) A certified public accountant who holds a ((permit or)) license issued by another state, and applies for a license in this state, may practice in this state from the date of filing a completed application with the board, until the board has acted upon the application provided the application is made prior to holding out as a certified public accountant in this state and no sanctions or investigations, deemed by the board to be pertinent to public accountancy, by other jurisdictions or agencies are in process.
(((4))) (7) A ((certified public accountant)) licensee shall submit to the board satisfactory proof of having completed an accumulation of one hundred twenty hours of ((continuing education)) CPE recognized and approved by the board during the preceding three years. Failure to furnish this evidence as required shall make the ((certificate invalid)) license lapse and subject to reinstatement procedures, unless the board determines the failure to have been due to retirement((,)) or reasonable cause((, or excusable neglect)).
The board in its discretion may renew a certificate or license despite failure to furnish evidence of compliance with requirements of ((continuing professional education)) CPE upon condition that the applicant follow a particular program of ((continuing professional education)) CPE. In issuing rules and individual orders with respect to ((continuing professional education)) CPE requirements, the board, among other considerations, may rely upon guidelines and pronouncements of recognized educational and professional associations, may prescribe course content, duration, and organization, and may take into account the accessibility of ((continuing education)) CPE to ((applicants)) licensees and certificate holders and instances of individual hardship.
(((5))) (8) Fees for ((issuance or)) renewal or reinstatement of certificates and licenses in this state shall be determined by the board under this chapter ((18.04 RCW)). Fees shall be paid by the applicant at the time the application form is filed with the board. The board, by rule, may provide for proration of fees for((certificates and)) licenses or certificates issued between normal renewal dates.
Sec. 14. RCW 18.04.295 and 2000 c 171 s 1 are each amended to read as follows:
The board ((of accountancy)) shall have the power to: Revoke, suspend, ((or)) refuse to renew ((a)), or reinstate a license or certificate ((or license, and may)); impose a fine in an amount not to exceed ((one)) ten thousand dollars plus the board's investigative and legal costs in bringing charges against a certified public accountant, ((or)) a certificate holder, a licensee, a licensed firm, or a nonlicensee holding an ownership interest in a licensed firm; may impose full restitution to injured parties; may impose conditions precedent to renewal of ((the)) a certificate or a license ((of any certified public accountant)); or may prohibit a nonlicensee from holding an ownership interest in a licensed firm, for any of the following causes:
(1) Fraud or deceit in obtaining a ((certificate as a certified public accountant, or in obtaining a)) license, or in any filings with the board;
(2) Dishonesty, fraud, or negligence while representing oneself as a ((CPA)) nonlicensee owner holding an ownership interest in a licensed firm, a licensee, or a certificate holder;
(3) A violation of any provision of this chapter;
(4) A violation of a rule of professional conduct promulgated by the board under the authority granted by this chapter;
(5) Conviction of a crime or an act constituting a crime under:
(a) The laws of this state;
(b) The laws of another state, and which, if committed within this state, would have constituted a crime under the laws of this state; or
(c) Federal law;
(6) Cancellation, revocation, suspension, or refusal to renew the authority to practice as a certified public accountant by any other state for any cause other than failure to pay a fee or to meet the requirements of ((continuing education)) CPE in the other state;
(7) Suspension or revocation of the right to practice matters relating to public accounting before any state or federal agency;
For purposes of subsections (6) and (7) of this section, a certified copy of such revocation, suspension, or refusal to renew shall be prima facie evidence;
(8) Failure to maintain compliance with the requirements for issuance, renewal, or reinstatement of ((the)) a certificate or license, or to report changes to the board;
(9) Failure to cooperate with the board by:
(a) Failure to furnish any papers or documents requested or ordered by the board;
(b) Failure to furnish in writing a full and complete explanation covering the matter contained in the complaint filed with the board or the inquiry of the board;
(c) Failure to respond to subpoenas issued by the board, whether or not the recipient of the subpoena is the accused in the proceeding;
(10) Failure by a nonlicensee owner of a licensed firm to comply with the requirements of this chapter or board rule; and
(11) Failure to comply with an order of the board.
Sec. 15. RCW 18.04.305 and 1992 c 103 s 12 are each amended to read as follows:
The board ((of accountancy)) may revoke, suspend, or refuse to renew the license issued to a firm if at any time the firm does not meet the requirements of this chapter for licensing, or for any of the causes enumerated in RCW 18.04.295, or for any of the following additional causes:
(1) The revocation or suspension of the ((certificate as a certified public accountant)) sole-practitioner's license or the revocation or suspension or refusal to renew the ((certificate or)) license of any partner, manager, member, or shareholder; ((or))
(2) The revocation, suspension, or refusal to renew the license ((or permit)) of the firm, or any partner, manager, member, or shareholder thereof, to practice public accounting in any other state or foreign jurisdiction for any cause other than failure to pay a fee or to meet the CPE requirements of ((continuing professional education in)) the other state or foreign jurisdiction;
(3) Failure by a nonlicensee owner of a licensed firm to comply with the requirements of this chapter or board rule; or
(4) Failure of the firm to comply with the requirements of this chapter or board rule.
Sec. 16. RCW 18.04.335 and 1997 c 58 s 812 are each amended to read as follows:
(1) Upon application in writing and after hearing pursuant to notice, the board may:
(a) Modify the suspension of, or reissue a certificate or a license to, an individual whose certificate or license has been revoked or suspended; or
(b) Modify the suspension of, or reissue a license to a firm whose license has been revoked, suspended, or which the board has refused to renew.
(2) In the case of suspension for failure to comply with a support order under chapter 74.20A RCW ((or a residential or visitation order under chapter 26.09 RCW)), if the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of a certificate or a license shall be automatic upon the board's receipt of a release issued by the department of social and health services stating that the individual is in compliance with the order.
Sec. 17. RCW 18.04.345 and 1999 c 378 s 8 are each amended to read as follows:
(1) No person may assume or use the designation "certified public accountant-inactive" or "CPA-inactive" or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the person is a certified public accountant-inactive or CPA-inactive unless the person holds a ((valid)) certificate ((as a certified public accountant)). Persons holding only a certificate may not practice public accounting.
(2) No person may hold himself or herself out to the public ((and)) or assume or use the designation "certified public accountant" or "CPA" or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the person is a certified public accountant or CPA unless the person holds a ((valid certificate as a certified public accountant and holds a valid)) license ((to practice)) under RCW 18.04.215.
(3) No firm may hold itself out to the public as offering to issue or issuing reports on financial statements, or assume or use the designation "certified public accountant" or "CPA" or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the firm is composed of certified public accountants or CPAs, unless the firm is licensed under RCW 18.04.195((, holds a valid license to practice under RCW 18.04.215,)) and all offices of the firm in this state ((for the practice of public accounting)) are maintained and registered under RCW 18.04.205.
(4) No person, partnership, limited liability company, or corporation offering accounting services to the public may hold himself, herself, or itself out to the public, or assume or use along, or in connection with his, hers, or its name, or any other name the title or designation "certified accountant," "chartered accountant," "licensed accountant," "licensed public accountant," "public accountant," or any other title or designation likely to be confused with "certified public accountant" or any of the abbreviations "CA," "LA," "LPA," or "PA," or similar abbreviations likely to be confused with "CPA." ((However, nothing in this chapter prohibits use of the title "accountant" by any person regardless of whether the person has been granted a certificate or holds a license under this chapter.))
(5) No licensed firm may operate under an alias, a firm name, title, or "DBA" that differs from the firm name that is registered with the board.
(6) No person may sign, affix, or associate his or her name or any trade or assumed name used by the person in his or her business to any report designated as an "audit," "review," or "compilation," unless the person holds a license to practice under RCW 18.04.215 and a firm license under RCW 18.04.195, and all of the person's offices in this state ((for the practice of public accounting are maintained and)) are licensed under RCW 18.04.205.
(((6))) (7) No person may sign, affix, or associate a firm name to any report designated as an "audit," "review," or "compilation," unless the firm is licensed under RCW 18.04.195 and 18.04.215, and all of its offices in this state ((for the practice of public accounting)) are maintained and registered under RCW 18.04.205.
(((7))) (8) No person, partnership, limited liability company, or corporation not holding a license to practice under RCW 18.04.215 may hold himself, herself, or itself out to the public as an "auditor" with or without any other description or designation by use of such word on any sign, card, letterhead, or in any advertisement or directory.
(((8) No person may assume or use the designation "certified public accountant" or "CPA" in conjunction with names indicating or implying that there is a partnership or corporation, if there is in fact no bona fide partnership or corporation registered under RCW 18.04.195.
(9) No person, partnership, or corporation holding a license under RCW 18.04.215 may hold himself, herself, or itself out to the public in conjunction with the designation "and Associates" or "and Assoc." unless he or she has in fact a partner or employee who holds a license under RCW 18.04.215.))
Sec. 18. RCW 18.04.350 and 1992 c 103 s 15 are each amended to read as follows:
(1) Nothing in this chapter prohibits any person not ((a certified public accountant)) holding a license from serving as an employee of a firm licensed((, or as assistant to, a certified public accountant or partnership composed of certified public accountants or corporation of certified public accountants holding a valid license)) under RCW 18.04.215. However, the employee or assistant shall not issue any accounting or financial statement over his or her name.
(2) ((Nothing in this chapter prohibits a certified public accountant registered in another state, or any accountant of a foreign country holding a certificate, degree or license which permits him to practice therein from temporarily practicing in this state on professional business incident to his regular practice)) (a) An individual, whose principal place of business is not in this state, who has a valid certificate or license as a certified public accountant from another state, and (i) whose state of licensure has education, examination, and experience requirements that are deemed by the board to be substantially equivalent to this state's requirements or (ii) who, as an individual, has education, examination, and experience that are deemed by the board to be substantially equivalent to this state's requirement shall have all the privileges of license holders of this state without the need to obtain a license under RCW 18.04.105 or 18.04.195. However, such individuals shall notify the board, under such circumstances and in such manner as the board determines by rule, of their intent to enter the state under this section. The board shall have the authority to establish a fee for the practice privilege granted under this section by rule.
(b) An individual that enters the state under this section and is granted this practice privilege shall abide by this chapter and the rules adopted under this chapter and shall be subject to discipline for violation of this chapter. However, such individual is exempt from the continuing education requirements of this chapter provided the individual has met the continuing education requirements of the state in which the individual holds a valid certificate or license. The board may accept NASBA's designation of the individual's state as substantially equivalent to national standards, or NASBA's designation of the applicant as substantially equivalent to national standards, as meeting the requirement for a certified public accountant to be substantially equivalent to this state's requirements.
(c) Any certificate or license holder of another state exercising the privilege afforded under this section consents, as a condition of the grant of this privilege:
(i) To the personal and subject matter jurisdiction of the board;
(ii) To the appointment of the state board which issued the certificate or license as their agent upon whom process may be served in any action or proceeding by this state's board against the certificate holder or licensee.
(d) A licensee of this state offering or rendering services or using their certified public accountant title in another state shall be subject to disciplinary action in this state for an act committed in another state for which the certificate or permit holder would be subject to discipline for an act committed in the other state provided the board receives timely notification of the act. Notwithstanding RCW 18.04.295, the board may investigate any complaint made by the board of accountancy of another state.
(3) Nothing in this chapter prohibits a ((certified public accountant, a partnership, or corporation of certified public accountants)) licensee, a licensed firm, or any of their employees from disclosing any data in confidence to other certified public accountants, quality assurance or peer review teams, partnerships, limited liability companies, or corporations of public accountants or to the board or any of its employees engaged in conducting ((quality,)) quality assurance((,)) or peer reviews, or any one of their employees in connection with quality or peer reviews of that accountant's accounting and auditing practice conducted under the auspices of recognized professional associations.
(4) Nothing in this chapter prohibits a ((certified public accountant, a partnership, or corporation of certified public accountants)) licensee, a licensed firm, or any of their employees from disclosing any data in confidence to any employee, representative, officer, or committee member of a recognized professional association, or to the board ((of accountancy)), or any of its employees or committees in connection with a professional investigation held under the auspices of recognized professional associations or the board ((of accountancy)).
(5) Nothing in this chapter prohibits any officer, employee, partner, or principal of any organization:
(a) From affixing his or her signature to any statement or report in reference to the affairs of the organization with any wording designating the position, title, or office which he or she holds in the organization; or
(b) From describing himself or herself by the position, title, or office he or she holds in such organization.
(6) Nothing in this chapter prohibits any person((,)) or ((partnership or corporation)) firm composed of persons not holding a license under RCW 18.04.215 from offering or rendering to the public bookkeeping, accounting, tax services, the devising and installing of financial information systems, management advisory, or consulting services, the preparation of tax returns, or the furnishing of advice on tax matters, the preparation of financial statements, written statements describing how such financial statements were prepared, or similar services, provided that persons, partnerships, limited liability companies, or corporations not holding a license under RCW 18.04.215 who offer or render these services do not designate any written statement as an "audit report," "review report," or "compilation report," do not issue any written statement which purports to express or disclaim an opinion on financial statements which have been audited, and do not issue any written statement which expresses assurance on financial statements which have been reviewed.
(7) Nothing in this chapter prohibits any act of or the use of any words by a public official or a public employee in the performance of his or her duties.
(8) Nothing contained in this chapter prohibits any person who holds only a valid ((certified public accountant)) certificate from assuming or using the designation "certified public accountant-inactive" or "CPA-inactive" or any other title, designation, words, letters, sign, card, or device tending to indicate the person is a ((certified public accountant)) certificate holder, provided, that such person ((shall)) does not ((hold himself or herself out to the public as engaged in the practice of public accounting unless that person holds a valid license in addition to the certificate under RCW 18.04.215)) perform or offer to perform for the public one or more kinds of services involving the use of accounting or auditing skills, including issuance of reports on financial statements or of one or more kinds of management advisory, financial advisory, consulting services, the preparation of tax returns, or the furnishing of advice on tax matters.
(9) Nothing in this chapter prohibits the use of the title "accountant" by any person regardless of whether the person has been granted a certificate or holds a license under this chapter. Nothing in this chapter prohibits the use of the title "enrolled agent" or the designation "EA" by any person regardless of whether the person has been granted a certificate or holds a license under this chapter if the person is properly authorized at the time of use to use the title or designation by the United States department of the treasury. The board shall by rule allow the use of other titles by any person regardless of whether the person has been granted a certificate or holds a license under this chapter if the person using the titles or designations is authorized at the time of use by a nationally recognized entity sanctioning the use of board authorized titles.
Sec. 19. RCW 18.04.370 and 1983 c 234 s 19 are each amended to read as follows:
(1) Any person who violates any provision of this chapter, shall be guilty of a crime, as follows:
(a) Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of not more than ((one)) ten thousand dollars, or to imprisonment for not more than six months, or to both such fine and imprisonment.
(b) Notwithstanding (a) of this subsection, any person who uses a professional title intended to deceive the public, in violation of RCW 18.04.345, having previously entered into a stipulated agreement and order of assurance with the board, is guilty of a felony, and upon conviction thereof, is subject to a fine of not more than ten thousand dollars, or to imprisonment for not more than two years, or to both such fine and imprisonment.
(2) With the exception of first time violations of RCW 18.04.345, subject to subsection (3) of this section whenever the board has reason to believe that any person is violating the provisions of this chapter it shall certify the facts to the prosecuting attorney of the county in which such person resides or may be apprehended and the prosecuting attorney shall cause appropriate proceedings to be brought against such person.
(3) The board may elect to enter into a stipulated agreement and orders of assurance with persons in violation of RCW 18.04.345 who have not previously been found to have violated the provisions of this chapter. The board may order full restitution to injured parties as a condition of a stipulated agreement and order of assurance.
(4) Nothing herein contained shall be held to in any way affect the power of the courts to grant injunctive or other relief as above provided.
Sec. 20. RCW 18.04.380 and 1986 c 295 s 17 are each amended to read as follows:
(1) The display or presentation by a person of a card, sign, advertisement, or other printed, engraved, or written instrument or device, bearing a person's name in conjunction with the words "certified public accountant" or any abbreviation thereof((, or "licensed public accountant" or any abbreviation thereof, or "public accountant" or any abbreviation thereof,)) shall be prima facie evidence in any action brought under this chapter that the person whose name is so displayed, caused or procured the display or presentation of the card, sign, advertisement, or other printed, engraved, or written instrument or device, and that the person is holding himself or herself out to be a licensee, a certified public accountant, or a ((public accountant holding a license to practice)) person holding a certificate under this chapter.
(2) The display or presentation by a person of a card, sign, advertisement, or other printed, engraved, or written instrument or device, bearing a person's name in conjunction with the words certified public accountant-inactive or any abbreviation thereof is prima facie evidence in any action brought under this chapter that the person whose name is so displayed caused or procured the display or presentation of the card, sign, advertisement, or other printed, engraved, or written instrument or device, and that the person is holding himself or herself out to be a certified public accountant-inactive under this chapter.
(3) In any ((such)) action under subsection (1) or (2) of this section, evidence of the commission of a single act prohibited by this chapter is sufficient to justify an injunction or a conviction without evidence of a general course of conduct.
Sec. 21. RCW 18.04.390 and 1992 c 103 s 16 are each amended to read as follows:
(1) In the absence of an express agreement between the ((certified public accountant)) licensee or licensed firm and the client to the contrary, all statements, records, schedules, working papers, and memoranda made by a ((certified public accountant)) licensee or licensed firm incident to or in the course of professional service to clients, except reports submitted by a ((certified public accountant to a client)) licensee or licensed firm, are the property of the ((certified public accountant)) licensee or licensed firm.
(2) No statement, record, schedule, working paper, or memorandum may be sold, transferred, or bequeathed without the consent of the client or his or her personal representative or assignee, to anyone other than one or more surviving partners, shareholders, or new partners or new shareholders of the ((accountant)) licensee, partnership, limited liability company, or corporation, or any combined or merged partnership, limited liability company, or corporation, or successor in interest.
(3) A licensee shall furnish to the board or to his or her client or former client, upon request and reasonable notice:
(a) A copy of the licensee's working papers or electronic documents, to the extent that such working papers or electronic documents include records that would ordinarily constitute part of the client's records and are not otherwise available to the client; and
(b) Any accounting or other records belonging to, or obtained from or on behalf of, the client that the licensee removed from the client's premises or received for the client's account; the licensee may make and retain copies of such documents of the client when they form the basis for work done by him or her.
(4) Nothing in this section shall require a licensee to keep any work paper or electronic document beyond the period prescribed in any other applicable statute.
(5) Nothing in this section should be construed as prohibiting any temporary transfer of workpapers or other material necessary in the course of carrying out peer reviews or as otherwise interfering with the disclosure of information pursuant to RCW 18.04.405.
Sec. 22. RCW 18.04.405 and 1992 c 103 s 17 are each amended to read as follows:
(1) A ((certified public accountant, a partnership or corporation of certified public accountants)) licensee, certificate holder, or licensed firm, or any of their employees shall not disclose any confidential information obtained in the course of a professional transaction except with the consent of the client or former client or as disclosure may be required by law, legal process, the standards of the profession, or as disclosure of confidential information is permitted by RCW 18.04.350 (3) and (4), 18.04.295(8), 18.04.390, and this section in connection with ((quality,)) quality assurance, or peer reviews, investigations, and any proceeding under chapter 34.05 RCW.
(2) This section shall not be construed as limiting the authority of this state or of the United States or an agency of this state, the board, or of the United States to subpoena and use such confidential information obtained by a licensee, or any of their employees in the course of a professional transaction in connection with any investigation, public hearing, or other proceeding, nor shall this section be construed as prohibiting a licensee or certified public accountant whose professional competence has been challenged in a court of law or before an administrative agency from disclosing confidential information as a part of a defense to the court action or administrative proceeding.
(3) The proceedings, records, and work papers of a review committee shall be privileged and shall not be subject to discovery, subpoena, or other means of legal process or introduction into evidence in any civil action, arbitration, administrative proceeding, or ((state accountancy)) board proceeding and no member of the review committee or person who was involved in the ((quality)) peer review process shall be permitted or required to testify in any such civil action, arbitration, administrative proceeding, or ((state accountancy)) board proceeding as to any matter produced, presented, disclosed, or discussed during or in connection with the ((quality)) peer review process, or as to any findings, recommendations, evaluations, opinions, or other actions of such committees, or any members thereof. Information, documents, or records that are publicly available are not to be construed as immune from discovery or use in any civil action, arbitration, administrative proceeding, or ((state accountancy)) board proceeding merely because they were presented or considered in connection with the quality assurance or peer review process.
NEW SECTION. Sec. 23. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001."
MOTION
Senator Hochstatter moved that the following amendments to the striking amendment by Senator Gardner be considered simultaneously and be adopted:
On page 8, after line 36, insert the following:
"(17) The board's authority to adopt new rules or to amend previously adopted rules expires two years after the effective date of this act."
On page 9, line 2 after "chapter." insert "However, the board's authority to set fees shall expire two years afer the effective date of this act."
On page 14, after line 3, "(9) The board's authority to adopt new rules or to amend previously adopted rules expires two years after the effective date of this act."
Renumber the sections consecutively and correct any internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Hochstatter on page 8, after line 36; page 9, line 2; and page 14, after line 3; to the striking amendment by Senator Gardner to Second Substitute Senate Bill No. 5593.
The motion by Senator Hochstatter failed and the amendments to the striking amendment were not adopted.
MOTION
Senator Carlson moved that the following amendments by Senators Carlson and Benton to the striking amendment by Senator Gardner be considered simultaneously and be adopted:
On page 18, line 12, strike "A simple majority of the" and insert "The"
On page 18, line 35, strike "A simple majority of the" and insert "The"
On page 20, line 10, strike "A simple majority of the" and insert "The"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Carlson on page 18, lines 12 and 35, and page 20, line 10, to the striking amendment to Second Substitute Senate Bill No. 5593.
The motion by Senator Carlson failed and the amendments to the striking amendment were not adopted.
The President declared the question before the Senate to be the adoption of the striking amendment by Senator Gardner to Second Substitute Senate Bill No. 5593.
The motion by Senator Gardner carried the striking amendment was adopted.
MOTIONS
On motion of Senator Gardner, the following title amendment was adopted:
On page 1, line 1 of the title, after "act;" strike the remainder of the title and insert "amending RCW 18.04.015, 18.04.025, 18.04.035, 18.04.045, 18.04.055, 18.04.065, 18.04.105, 18.04.180, 18.04.183, 18.04.185, 18.04.195, 18.04.205, 18.04.215, 18.04.295, 18.04.305, 18.04.335, 18.04.345, 18.04.350, 18.04.370, 18.04.380, 18.04.390, and 18.04.405; prescribing penalties; providing an effective date; and declaring an emergency."
On motion of Senator Gardner, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5593 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 Senate Bill No. 5593.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5593 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 8; Absent, 0; Excused, 2.
Voting yea: Senators Brown, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, McAuliffe, McCaslin, McDonald, Morton, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West and Winsley - 39.
Voting nay: Senators Benton, Carlson, Hochstatter, Honeyford, Long, Oke, Stevens and Zarelli - 8.
Excused: Senators Johnson and Patterson - 2.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5593, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5566, by Senators Thibaudeau, Franklin, Deccio and Kohl-Welles
Requiring uniform prescription drug information cards.
MOTIONS
On motion of Senator Thibaudeau, Substitute Senate Bill No. 5566 was substituted for Senate Bill No. 5566 and the substitute bill was placed on second reading and read the second time.
Senator Thibaudeau moved that the following amendment by Senators Thibaudeau and Parlette be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 It is the intent of the legislature to improve care to patients by minimizing confusion, eliminating unnecessary paperwork, decreasing administrative burdens, and streamlining dispensing of prescription products paid for by third-party payors.
NEW SECTION. Sec. 2. A new section is added to chapter 48.43 RCW to read as follows:
(1) A health carrier that provides coverage for prescription drugs provided on an outpatient basis and issues a card or other technology for claims processing, or an administrator of a health benefit plan including, but not limited to, third-party administrators for self-insured plans, pharmacy benefits managers, and state administered plans, shall issue to its enrollees a pharmacy identification card or other technology containing all information required for proper prescription drug claims adjudication.
(2) Upon renewal of the health benefit plan, information on the pharmacy identification card or other technology shall be made current by the health carrier or other entity that issues the card.
(3) Nothing in this section shall be construed to require any health carrier or administrator of a health benefit plan to issue a pharmacy identification card or other technology separate from another identification card issued to an enrollee under the health benefit plan if the identification card contains all of the information required under subsection (1) of this section.
(4) This section applies to health benefit plans that are delivered, issued for delivery, or renewed on or after July 1, 2003. For the purposes of this section, renewal of a health benefit policy, contract, or plan occurs on each anniversary of the date on which coverage was first effective on the person or persons covered by the health benefit plan.
(5) The insurance commissioner may adopt rules to implement this act, taking into consideration any relevent standards developed by the national council for prescription drug programs and the requirements of the federal health insurance portability and accountability act of 1996."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Thibaudeau and Parlette to Substitute Senate Bill No. 5566.
The motion by Senator Thibaudeau carried the striking amendment was adopted.
MOTION
On motion of Senator Thibaudeau, the rules were suspended, Engrossed Substitute Senate Bill No. 5566 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5566.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5566 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Absent: Senator Stevens - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5566, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5886, by Senators Long and Hargrove
Authorizing agreements to change the number of experts or professional persons who must examine a person for the state under chapter 10.77 RCW
The bill was read the second time.
MOTION
On motion of Senator Long, the rules were suspended, Senate Bill No. 5886 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5886.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5886 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Absent: Senators Kline and Roach - 2.
SENATE BILL NO. 5886, 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 Eide, Senator Fairley was excused.
SECOND READING
SENATE BILL NO. 5484, by Senators Hargrove and Rasmussen
Providing a limited sales tax exemption for certain sales of conifer seeds.
MOTIONS
On motion of Senator Hargrove, Substitute Senate Bill No. 5484 was substituted for Senate Bill No. 5484 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 5484 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5484.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5484 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Absent: Senator Kline - 1.
Excused: Senator Fairley - 1.
SUBSTITUTE SENATE BILL NO. 5484, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5401, by Senators Patterson and Finkbeiner (by request of Governor Locke)
Eliminating boards and commissions.
MOTIONS
On motion of Senator Patterson, Substitute Senate Bill No. 5401 was substituted for Senate Bill No. 5401 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Patterson, the rules were suspended, Substitute Senate Bill No. 5401 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5401.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5401 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SUBSTITUTE SENATE BILL NO. 5401, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5022, by Senators Jacobsen and Oke
Modifying the salmon recovery funding board's reporting of financial affairs.
The bill was read the second time.
MOTION
On motion of Senator Jacobsen, the rules were suspended, Senate Bill No. 5022 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5022.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5022 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 4; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 45.
Voting nay: Senators Johnson, McDonald, Rossi and West - 4.
SENATE BILL NO. 5022, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5493, by Senator Jacobsen
Modifying distributions from the youth athletic facility account.
The bill was read the second time.
MOTION
On motion of Senator Jacobsen, the rules were suspended, Senate Bill No. 5493 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5493.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5493 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Absent: Senator Roach - 1.
SENATE BILL NO. 5493, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5495, by Senator Jacobsen
Modifying the appointment process for members of the community outdoor athletic fields advisory council.
The bill was read the second time.
MOTIONS
On motion of Senator Jacobsen, the following amendments by Senators Hargrove, Jacobsen and Oke were considered simultaneously and adopted:
On page 2, line 1, after "geographic," insert "population density,"
On page 2, line 3, after "needs" insert ", including the complete variety of outdoor athletic activities"
On motion of Senator Jacobsen, the rules were suspended, Engrossed Senate Bill No. 5495 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5495.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5495 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
ENGROSSED SENATE BILL NO. 5495, 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 Hewitt, Senators Deccio, Johnson and McCaslin were excused.
SECOND READING
SENATE BILL NO. 5166, by Senators Kohl-Welles, Carlson, Horn, Shin, Jacobsen and McAuliffe
Allowing state financial aid to be used at Washington branch campuses of accredited out-of-state institutions of higher education.
MOTIONS
On motion of Senator Kohl-Welles, Substitute Senate Bill No. 5166 was substituted for Senate Bill No. 5166 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Kohl-Welles, the rules were suspended, Substitute Senate Bill No. 5166 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute senate Bill No. 5166.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5166 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.
Absent: Senators Hale and Rossi - 2.
Excused: Senators Deccio, Johnson and McCaslin - 3.
SUBSTITUTE SENATE BILL NO. 5166, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5513, by Senators Haugen, Shin, T. Sheldon, Sheahan, Oke and Gardner
Compensating highway and ferry workers for motorist assault.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, Senate Bill No. 5513 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5513.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5513 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.
Absent: Senator Kline - 1.
Excused: Senators Deccio, Johnson and McCaslin - 3.
SENATE BILL NO. 5513, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5274, by Senators Gardner, Haugen and McCaslin
Revising the appointment of vehicle licensing subagents.
MOTIONS
On motion of Senator Gardner, Substitute Senate Bill No. 5274 was substituted for Senate Bill No. 5274 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Gardner, the rules were suspended, Substitute Senate Bill No. 5274 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5274.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5274 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.
Excused: Senators Deccio, Johnson and McCaslin - 3.
SUBSTITUTE SENATE BILL NO. 5274, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5733, by Senators Haugen, Morton and Rasmussen
Adjusting day labor allowances for county road construction.
MOTIONS
On motion of Senator Haugen, Substitute Senate Bill No. 5733 was substituted for Senate Bill No. 5733 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 5733 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5733.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5733 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Excused: Senators Deccio and McCaslin - 2.
SUBSTITUTE SENATE BILL NO. 5733, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 4:35 p.m., on motion of Senator Betti Sheldon, the Senate recessed until 6:00 p.m.
The Senate was called to order at 6:00 p.m. by President Owen.
MOTION
On motion of Senator Hewitt, Senator Finkbeiner was excused.
SECOND READING
SENATE BILL NO. 5633, by Senators Haugen, Jacobsen, Oke, Horn and Rasmussen (by request of Utilities and Transportation Commission)
Granting the utilities and transportation commission authority to inspect businesses that ship hazardous materials by rail.
The bill was read the second time.
MOTION
On motion of Senator Gardner, the rules were suspended, Senate Bill No. 5633 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5633.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5633 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 1; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.
Voting nay: Senator Hale - 1.
Absent: Senator Kohl-Welles - 1.
Excused: Senators Deccio, Finkbeiner and McCaslin - 3.
SENATE BILL NO. 5633, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5586, by Senators Fraser, Morton and Regala (by request of Department of Ecology)
Modifying provisions concerning how water resource inventory areas receive funds to conduct planning.
MOTIONS
On motion of Senator Fraser, Substitute Senate Bill No. 5586 was substituted for Senate Bill No. 5586 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Fraser, the rules were suspended, Substitute Senate Bill No. 5586 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5586.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5586 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Excused: Senators Deccio and McCaslin - 2.
SUBSTITUTE SENATE BILL NO. 5586, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5910, by Senators Fraser and Honeyford
Regarding temporary nonuse of a water right.
MOTIONS
On motion of Senator Fraser, Substitute Senate Bill No. 5910 was substituted for Senate Bill No. 5910 and the substitute bill was placed on second reading and read the second time.
Senator Honeyford moved that the following amendment be adopted:
On page 3, after line 30, insert the following:
"Sec. 3. RCW 90.14.160 and 1981 c 291 s 1 are each amended to read as follows:
Any person entitled to divert or withdraw waters of the state through any appropriation authorized by enactments of the legislature prior to enactment of chapter 117, Laws of 1917, or by custom, or by general adjudication, who abandons the same, or who voluntarily fails, without sufficient cause, to beneficially use all or any part of said right to divert or withdraw for any period of ((five)) ten successive years after July 1, 1967, shall relinquish such right or portion thereof, and said right or portion thereof shall revert to the state, and the waters affected by said right shall become available for appropriation in accordance with RCW 90.03.250.
"Renumber the remaining section consecutively and correct internal references accordingly.
MOTION TO WITHDRAW AMENDMENT
There being no objection, Senator Honeyford withdrew the amendment on page 3, after line 30, to Substitute Senate Bill No. 5910.
MOTION
On motion of Senator Fraser, the rules were suspended, Substitute Senate Bill No. 5910 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5910.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5910 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 10; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brown, Carlson, Finkbeiner, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Long, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, West, Winsley and Zarelli - 37.
Voting nay: Senators Constantine, Costa, Eide, Fairley, Franklin, Kline, Kohl-Welles, McAuliffe, Swecker and Thibaudeau - 10.
Excused: Senators Deccio and McCaslin - 2.
SUBSTITUTE SENATE BILL NO. 5910, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5925, by Senators Jacobsen, Honeyford, Fraser, Rasmussen and Morton
Reusing waste water derived from food processing.
MOTIONS
On motion of Senator Jacobsen, Substitute Senate Bill No. 5925 was substituted for Senate Bill No. 5925 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Jacobsen, the rules were suspended, Substitute Senate Bill No. 5925 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5925.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5925 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Excused: Senators Deccio and McCaslin - 2.
SUBSTITUTE SENATE BILL NO. 5925, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5333, by Senators Honeyford, Hale, Morton, Hochstatter, Hewitt, Swecker and Sheahan
Concerning preliminary permits for water closed to diversions due to a federal moratorium.
The bill was read the second time.
MOTION
On motion of Senator Honeyford, the rules were suspended, Senate Bill No. 5333 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5333.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5333 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.
Voting nay: Senators Costa and Gardner - 2.
Excused: Senators Deccio and McCaslin - 2.
SENATE BILL NO. 5333, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5449, by Senators Prentice, Long, Winsley, Gardner, Franklin, Costa, Rasmussen and Kohl-Welles (by request of Attorney General Gregoire)
Prohibiting identity theft.
MOTION
On motion of Senator Prentice, Substitute Senate Bill No. 5449 was substituted for Senate Bill No. 5449 and the substitute bill was placed on second reading and read the second time.
MOTION
On motion of Senator Prentice, further consideration of Substitute Senate Bill No. 5449 was deferred.
SECOND READING
SENATE BILL NO. 5101, by Senators Prentice, Winsley, Kohl-Welles, Fairley and Fraser (by request of Department of Labor and Industries)
Protecting consumers in contractor transactions.
MOTIONS
On motion of Senator Prentice, Substitute Senate Bill No. 5101 was substituted for Senate Bill No. 5101 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Prentice, the rules were suspended, Substitute Senate Bill No. 5101 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5101.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5101 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SUBSTITUTE SENATE BILL NO. 5101, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5211, by Senators Thibaudeau, Long, Spanel, Winsley, B. Sheldon, Swecker, Fraser, Kohl-Welles, Kline, Carlson, Eide, Rasmussen, Fairley, McCaslin, Franklin, Haugen, Oke, Costa, McAuliffe, Prentice, Jacobsen, Constantine and Regala
Requiring comparable mental health benefits.
MOTIONS
On motion of Senator Thibaudeau, Substitute Senate Bill No. 5211 was substituted for Senate Bill No. 5211 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Thibaudeau, the rules were suspended, Substitute Senate Bill No. 5211 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5211.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5211 and the bill passed the Senate by the following vote: Yeas, 37, Nays, 12; Absent, 0; Excused, 0.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, and Winsley - 37.
Voting nay: Senators Benton, Hewitt, Hochstatter, Honeyford, Horn, McDonald, Parlette, Rossi, Stevens, Swecker, West and Zarelli - 12.
SUBSTITUTE SENATE BILL NO. 5211, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5451, by Senators Costa, Kline, McCaslin and Kohl-Welles (by request of Attorney General Gregoire)
Establishing a cause of action for crimes of violence motivated by gender.
The bill was read the second time.
MOTION
On motion of Senator Costa, the rules were suspended, Senate Bill No. 5451 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Johnson: “Senator Costa, I can understand creating a new right of civil action which did not exist, but I assume that present law gives victims of domestic violence a right to make a claim against the aggressor. Is that what--what does this add to current law is what I am asking?”
Senator Costa: “This bill provides for attorney fees, injunctive and declaratory relief. The attorney fees are not currently available in court. unless specified and specifically authorized by our law. Many women who are victims of gender violence have limited resources and they do not have the ability to pursue recovery of damages. This will enable them to do so.”
Senator Johnson: “Injunctive relief would be available now, maybe not declaratory. So, it is the attorney’s fees that are part of the new law?”
Senator Costa: “It is and it also combines all of this under one statute so it makes it easy to do in one remedy rather than under multiple acts.”
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5451.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5451 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Voting nay: Senators Hochstatter and Stevens - 2.
SENATE BILL NO. 5451, 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 West, Senator Hale was excused.
SECOND READING
SENATE BILL NO. 5543, by Senators Kastama, McAuliffe, Eide, Regala, Rasmussen, Thibaudeau, Costa, Kohl-Welles and Winsley; (by request of Governor Locke and Superintendent of Public Instruction Bergeson)
Improving student safety.
MOTIONS
On motion of Senator Kastama, Substitute Senate Bill No. 5543 was substituted for Senate Bill No. 5543 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Kastama, the rules were suspended, Substitute Senate Bill No. 5543 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5543.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5543 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Absent: Senator Hargrove - 1.
Excused: Senator Hale - 1.
SUBSTITUTE SENATE BILL NO. 5543, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Johnson, Senator West was excused.
SECOND READING
SENATE BILL NO. 5624, by Senator Kohl-Welles
Requiring disclosure of fire protection and building safety information.
The bill was read the second time.
MOTION
On motion of Senator Kline, the rules were suspended, Senate Bill No. 5624 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5624.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5624 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator West - 1.
SENATE BILL NO. 5624, 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 Hewitt, Senator Hale was excused.
SECOND READING
SENATE BILL NO. 5430, by Senators Costa, Spanel, Franklin, Winsley, Thibaudeau, Long, Fairley, Prentice, Eide and Kohl-Welles
Requiring insurers to provide coverage for cranial hair prostheses.
The bill was read the second time.
MOTION
On motion of Senator Costa, the rules were suspended, Senate Bill No. 5430 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5430.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5430 and the bill passed the Senate by the following vote: Yeas, 34; Nays, 13; Absent, 0; Excused, 2.
Voting yea: Senators Brown, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hargrove, Haugen, Hochstatter, Honeyford, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Oke, Patterson, Prentice, Rasmussen, Regala, Roach, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau and Winsley - 34.
Voting nay: Senators Benton, Carlson, Deccio, Hewitt, Horn, Johnson, McDonald, Morton, Parlette, Rossi, Sheahan, Stevens and Zarelli - 13.
Excused: Senators Hale and West - 2.
SENATE BILL NO. 5430, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5735, by Senators Gardner, Roach, Haugen, Hochstatter, Honeyford, Stevens, Deccio, Rossi, Zarelli, Benton, Horn, T. Sheldon, Sheahan, Spanel, Shin, Finkbeiner, Hargrove, West, Long and Franklin
Allowing motorcycles to have blue dot taillights.
The bill was read the second time.
MOTION
On motion of Senator Gardner, the rules were suspended, Senate Bill No. 5735 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5735.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5735 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator West - 1.
SENATE BILL NO. 5735, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5255, by Senators Kastama, Regala and Costa
Exempting certain information on criminal acts from public disclosure.
MOTIONS
On motion of Senator Kastama, Substitute Senate Bill No. 5255 was substituted for Senate Bill No. 5255 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Kastama, the rules were suspended, Substitute Senate Bill No. 5255 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Regala: “Senator Kastama, given the fact that Substitute Senate Bill No. 5255 adopts the definition of ‘terrorist act’ set forth in RCW 70.74.285, commonly known as the Washington State Explosives Act, is it the intent of Substitute Senate Bill No. 5255 to focus solely on terrorist acts involving the use of conventional or high explosives?”
Senator Kastama: “Senator Regala, there is no intent to limit the scope of this legislation to acts of terrorism involving high explosive devices. RCW 70.74.285 is specifically cross-referenced in this proposed legislation, rather than the overall Act in which it appears, in order to adopt the broad, all-inclusive scope of ‘terrorist act” as that phrase is defined there. It is the clear intent of Substitute Senate Bill No. 5255 to protect from public disclosure specific and unique vulnerability assessments or specific and unique response plans intended to prevent or mitigate all types of criminal terrorist acts, including the use of chemical, biological, radiological and nuclear devices and cyber-attacks on our technological infrastructure as well as criminal acts involving conventional explosive devices.”
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5255.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5255 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator West - 1.
SUBSTITUTE SENATE BILL NO. 5255, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE JOINT RESOLUTION NO. 8208, by Senators Kline and Constantine (by request of Administrator for the Courts)
Amending the Constitution regarding the use of judges pro tempore.
The joint resolution was read the second time.
MOTION
Senator Kline moved that the following amendment by Senators Kline and Johnson be adopted: On page 1, after line 7, strike all material through "agreement.))" on line 19, and insert the following:
"Article IV, section 7. The judge of any superior court may hold a superior court in any county at the request of the judge of the superior court thereof, and upon the request of the governor it shall be his or her duty to do so. A case in the superior court may be tried by a judge((,)) pro tempore, who must be either: (1) A member of the bar, agreed upon in writing by the parties litigant, or their attorneys of record, approved by the court and sworn to try the case; or (2) any sitting elected judge pursuant to supreme court rule providing for a right, exercisable once during a case, to a change of judge pro tempore. However, if a previously elected judge of the superior court retires leaving a pending case in which the judge has made discretionary rulings, the judge is entitled to hear the pending case as a judge pro tempore without any written agreement."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Kline and Johnson on page 1, after line 7, to Senate Joint Resolution No. 8208.
The motion by Senator Kline carried and the amendment was adopted.
MOTION
On motion of Senator Kline, the rules were suspended, Engrossed Senate Joint Resolution No. 8208 was advanced to third reading, the second reading considered the third and the joint resolution was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Joint Resolution No 8208.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Joint Resolution No. 8208 and the joint resolution passed the Senate by the following vote: Yeas, 42; Nays, 6; Absent, 0; Excused, 1.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau and Winsley - 42.
Voting nay: Senators Benton, McDonald, Roach, Rossi, Stevens and Zarelli - 6.
Excused: Senator West - 1.
ENGROSSED SENATE JOINT RESOLUTION NO. 8208, having received the two-thirds constitutional majority, was declared passed..
SECOND READING
SENATE BILL NO. 5394, by Senators Kline, Long and Constantine (by request of Administrator for the Courts)
Revising provisions concerning the use of judges pro tempore.
The bill was read the second time.
MOTIONS
Senator Kline moved that the following striking amendment by Senators Kline and Johnson be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 2.08.180 and 1987 c 73 s 1 are each amended to read as follows:
A case in the superior court of any county may be tried by a judge pro tempore, who must be either: (1) A member of the bar, agreed upon in writing by the parties litigant, or their attorneys of record, approved by the court, and sworn to try the case; ((and his)) or (2) pursuant to supreme court rule, any sitting elected judge. Any action in the trial of such cause shall have the same effect as if ((he were)) it was made by a judge of such court. However, if a previously elected judge of the superior court retires leaving a pending case in which the judge has made discretionary rulings, the judge is entitled to hear the pending case as a judge pro tempore without any written agreement.
A judge pro tempore shall, before entering upon his or her duties in any cause, take and subscribe the following oath or affirmation:
"I do solemnly swear (or affirm, as the case may be,) that I will support the Constitution of the United States and the Constitution of the State of Washington, and that I will faithfully discharge the duties of the office of judge pro tempore in the cause wherein . . . . . . is plaintiff and . . . . . . defendant, according to the best of my ability."
A judge pro tempore who is a practicing attorney and who is not a retired justice of the supreme court or judge of a superior court of the state of Washington, or who is not an active judge of an inferior court of the state of Washington, shall receive a compensation of one-two hundred and fiftieth of the annual salary of a superior court judge for each day engaged in ((said)) a trial, to be paid in the same manner as the salary of the superior court judge. A judge who is an active judge of an inferior court of the state of Washington shall receive no compensation as judge pro tempore. A justice or judge who has retired from the supreme court, court of appeals, or superior court of the state of Washington shall receive compensation as judge pro tempore in the amount of sixty percent of the amount payable to a judge pro tempore under this section.
NEW SECTION. Sec. 2. This act takes effect January 1, 2002, if the proposed amendment to Article IV, section 7 of the state Constitution, relating to qualifications for judges pro tempore, is validly submitted to and is approved and ratified by the voters at the next general election. If the proposed amendment is not approved and ratified, this act is void in its entirety."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Kline and Johnson to Senate Bill No. 5394.
The motion by Senator Kline carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Kline, the following title amendment was adopted:
On page 1, line 1 of the title, after "tempore;" strike the remainder of the title and insert "amending RCW 2.08.180; and providing a contingent effective date."
On motion of Senator Kline, the rules were suspended, Engrossed Senate Bill No. 5394 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5394.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5394 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 6; Absent, 0; Excused, 0.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West and Winsley - 43.
Voting nay: Senators Benton, McDonald, Roach, Rossi, Stevens and Zarelli - 6.
ENGROSSED SENATE BILL NO. 5394, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5449, deferred earlier today on second reading after the bill was substituted.
MOTION
On motion of Senator Prentice, the following striking amendment by Senators Prentice and Winsley was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 9.35 RCW to read as follows:
DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Financial information" means any of the following information identifiable to the individual that concerns the amount and conditions of an individual's assets, liabilities, or credit:
(a) Account numbers and balances;
(b) Transactional information concerning an account; and
(c) Codes, passwords, social security numbers, tax identification numbers, driver's license or permit numbers, state identicard numbers issued by the department of licensing, and other information held for the purpose of account access or transaction initiation.
(2) "Financial information repository" means a person engaged in the business of providing services to customers who have a credit, deposit, trust, stock, or other financial account or relationship with the person.
(3) "Means of identification" means information or an item that is not describing finances or credit but is personal to or identifiable with an individual or other person, including: A current or former name of the person, telephone number, an electronic address, or identifier of the individual or a member of his or her family, including the ancestor of the person; information relating to a change in name, address, telephone number, or electronic address or identifier of the individual or his or her family; a social security, driver's license, or tax identification number of the individual or a member of his or her family; and other information that could be used to identify the person, including unique biometric data.
(4) "Person" means a person as defined in RCW 9A.04.110.
(5) "Victim" means a person whose means of identification or financial information has been used or transferred with the intent to commit, or to aid or abet, any unlawful activity.
NEW SECTION. Sec. 2. A new section is added to chapter 9.35 RCW to read as follows:
INFORMATION AVAILABLE TO VICTIM. (1) A person, financial information repository, financial service provider, merchant, corporation, trust, partnership, or unincorporated association possessing information relating to an actual or potential violation of this chapter, and who may have entered into a transaction, provided credit, products, goods, or services, accepted payment, or otherwise done business with a person who has used the victim's means of identification, must, upon written request of the victim, provide copies of all relevant application and transaction information related to the transaction being alleged as a potential or actual violation of this chapter. Nothing in this section requires the information provider to disclose information that it is otherwise prohibited from disclosing by law, except that a law that prohibits disclosing a person's information to third parties shall not be used to deny disclosure of such information to the victim under this section.
(2) Unless the information provider is otherwise willing to verify the victim's identification, the victim shall provide the following as proof of positive identification:
(a) The showing of a government issued photo identification card or, if providing proof by mail, a copy of a government issued photo identification card;
(b) A copy of a filed police report evidencing the victim's claim; and
(c) The written statement from the state patrol showing that the state patrol has on file documentation of the victim's identity pursuant to the personal identification procedures in RCW 43.43.760.
(3) The provider may require compensation for the reasonable cost of providing the information requested.
(4) No person, financial information repository, financial service provider, merchant, corporation, trust, partnership, or unincorporated association may be held liable for an action taken in good faith to provide information regarding potential or actual violations of this chapter to other financial information repositories, financial service providers, merchants, law enforcement authorities, victims, or any persons alleging to be a victim who comply with subsection (2) of this section which evidences the alleged victim's claim for the purpose of identification and prosecution of violators of this chapter, or to assist a victim in recovery of fines, restitution, rehabilitation of the victim's credit, or such other relief as may be appropriate.
(5) A person, financial information repository, financial service provider, merchant, corporation, trust, partnership, or unincorporated association may decline to provide information pursuant to this section when, in the exercise of good faith and reasonable judgment it believes this section does not require disclosure of the information.
(6) Nothing in this section creates an obligation on the part of a person, financial information repository, financial services provider, merchant, corporation, trust, partnership, or unincorporated association to retain or maintain information or records that they are not otherwise required to retain or maintain in the ordinary course of its business.
(7) The legislature finds that the practices covered by this section are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Violations of this section are not reasonable in relation to the development and preservation of business. It is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW. The burden of proof in an action alleging a violation of this section shall be by a preponderance of the evidence, and the applicable statute of limitation shall be as set forth in RCW 19.182.120. For purposes of a judgment awarded pursuant to an action by a consumer under chapter 19.86 RCW, the consumer shall be awarded actual damages. However, where there has been willful failure to comply with any requirement imposed under this section, the consumer shall be awarded actual damages, a monetary penalty of one thousand dollars, and the costs of the action together with reasonable attorneys' fees as determined by the court.
Sec. 3. RCW 43.43.760 and 1985 c 201 s 15 are each amended to read as follows:
(1) Whenever a resident of this state appears before any law enforcement agency and requests an impression of his or her fingerprints to be made, such agency may comply with his or her request and make the required copies of the impressions on forms marked "Personal Identification". The required copies shall be forwarded to the section and marked "for personal identification only".
The section shall accept and file such fingerprints submitted voluntarily by such resident, for the purpose of securing a more certain and easy identification in case of death, injury, loss of memory, or other similar circumstances. Upon the request of such person, the section shall return his or her identification data.
(2) Whenever a person claiming to be a victim of identity theft appears before any law enforcement agency and requests an impression of his or her fingerprints to be made, such agency may comply with this request and make the required copies of the impressions on forms marked "Personal Identification." The required copies shall be forwarded to the section and marked "for personal identification only."
The section shall accept and file such fingerprints submitted by such resident, for the purpose of securing a more certain and easy identification in cases of identity theft. The section shall provide a statement showing that the victim's impression of fingerprints has been accepted and filed with the section.
The statement provided to the victim shall state clearly in twelve-point print:
"The person holding this statement has claimed to be a victim of identity theft. Pursuant to chapter 9.35 RCW, a business is required by law to provide this victim with copies of all relevant application and transaction information related to the transaction being alleged as a potential or actual identity theft. A business must provide this information once the victim makes a request in writing, shows this statement, any government issued photo identification card, and a copy of a police report."
Upon the request of such person, the section shall return his or her identification data.
(3) Whenever any person is an applicant for appointment to any position or is an applicant for employment or is an applicant for a license to be issued by any governmental agency, and the law or a regulation of such governmental agency requires that the applicant be of good moral character or not have been convicted of a crime, or is an applicant for appointment to or employment with a criminal justice agency, or the department, the applicant may request any law enforcement agency to make an impression of his or her fingerprints to be submitted to the section. The law enforcement agency may comply with such request and make copies of the impressions on forms marked "applicant", and submit such copies to the section.
The section shall accept such fingerprints and shall cause its files to be examined and shall promptly send to the appointing authority, employer, or licensing authority indicated on the form of application, a transcript of the record of previous crimes committed by the person described on the data submitted, or a transcript of the dependency record information regarding the person described on the data submitted, or if there is no record of his or her commission of any crimes, or if there is no dependency record information, a statement to that effect.
(((3))) (4) The Washington state patrol shall charge fees for processing of noncriminal justice system requests for criminal history record information pursuant to this section which will cover, as nearly as practicable, the direct and indirect costs to the patrol of processing such requests.
Any law enforcement agency may charge a fee not to exceed five dollars for the purpose of taking fingerprint impressions or searching its files of identification for noncriminal purposes.
Sec. 4. RCW 19.16.250 and 1983 c 107 s 1 are each amended to read as follows:
No licensee or employee of a licensee shall:
(1) Directly or indirectly aid or abet any unlicensed person to engage in business as a collection agency in this state or receive compensation from such unlicensed person: PROVIDED, That nothing in this chapter shall prevent a licensee from accepting, as forwardee, claims for collection from a collection agency or attorney whose place of business is outside the state.
(2) Collect or attempt to collect a claim by the use of any means contrary to the postal laws and regulations of the United States postal department.
(3) Publish or post or cause to be published or posted, any list of debtors commonly known as "bad debt lists" or threaten to do so. For purposes of this chapter, a "bad debt list" means any list of natural persons alleged to fail to honor their lawful debts. However, nothing herein shall be construed to prohibit a licensee from communicating to its customers or clients by means of a coded list, the existence of a check dishonored because of insufficient funds, not sufficient funds or closed account by the financial institution servicing the debtor's checking account: PROVIDED, That the debtor's identity is not readily apparent: PROVIDED FURTHER, That the licensee complies with the requirements of subsection (9)(e) of this section.
(4) Have in his possession or make use of any badge, use a uniform of any law enforcement agency or any simulation thereof, or make any statements which might be construed as indicating an official connection with any federal, state, county, or city law enforcement agency, or any other governmental agency, while engaged in collection agency business.
(5) Perform any act or acts, either directly or indirectly, constituting the practice of law.
(6) Advertise for sale or threaten to advertise for sale any claim as a means of endeavoring to enforce payment thereof or agreeing to do so for the purpose of soliciting claims, except where the licensee has acquired claims as an assignee for the benefit of creditors or where the licensee is acting under court order.
(7) Use any name while engaged in the making of a demand for any claim other than the name set forth on his or its current license issued hereunder.
(8) Give or send to any debtor or cause to be given or sent to any debtor, any notice, letter, message, or form which represents or implies that a claim exists unless it shall indicate in clear and legible type:
(a) The name of the licensee and the city, street, and number at which he is licensed to do business;
(b) The name of the original creditor to whom the debtor owed the claim if such name is known to the licensee or employee: PROVIDED, That upon written request of the debtor, the licensee shall make a reasonable effort to obtain the name of such person and provide this name to the debtor;
(c) If the notice, letter, message, or form is the first notice to the debtor or if the licensee is attempting to collect a different amount than indicated in his or its first notice to the debtor, an itemization of the claim asserted must be made including:
(i) Amount owing on the original obligation at the time it was received by the licensee for collection or by assignment;
(ii) Interest or service charge, collection costs, or late payment charges, if any, added to the original obligation by the original creditor, customer or assignor before it was received by the licensee for collection, if such information is known by the licensee or employee: PROVIDED, That upon written request of the debtor, the licensee shall make a reasonable effort to obtain information on such items and provide this information to the debtor;
(iii) Interest or service charge, if any, added by the licensee or customer or assignor after the obligation was received by the licensee for collection;
(iv) Collection costs, if any, that the licensee is attempting to collect;
(v) Attorneys' fees, if any, that the licensee is attempting to collect on his or its behalf or on the behalf of a customer or assignor;
(vi) Any other charge or fee that the licensee is attempting to collect on his or its own behalf or on the behalf of a customer or assignor.
(9) Communicate or threaten to communicate, the existence of a claim to a person other than one who might be reasonably expected to be liable on the claim in any manner other than through proper legal action, process, or proceedings except under the following conditions:
(a) A licensee or employee of a licensee may inform a credit reporting bureau of the existence of a claim: PROVIDED, That if the licensee or employee of a licensee reports a claim to a credit reporting bureau, the licensee shall upon receipt of written notice from the debtor that any part of the claim is disputed, forward a copy of such written notice to the credit reporting bureau;
(b) A licensee or employee in collecting or attempting to collect a claim may communicate the existence of a claim to a debtor's employer if the claim has been reduced to a judgment;
(c) A licensee or employee in collecting or attempting to collect a claim that has not been reduced to judgment, may communicate the existence of a claim to a debtor's employer if:
(i) The licensee or employee has notified or attempted to notify the debtor in writing at his last known address or place of employment concerning the claim and the debtor after a reasonable time has failed to pay the claim or has failed to agree to make payments on the claim in a manner acceptable to the licensee, and
(ii) The debtor has not in writing to the licensee disputed any part of the claim: PROVIDED, That the licensee or employee may only communicate the existence of a claim which has not been reduced to judgment to the debtor's employer once unless the debtor's employer has agreed to additional communications.
(d) A licensee may for the purpose of locating the debtor or locating assets of the debtor communicate the existence of a claim to any person who might reasonably be expected to have knowledge of the whereabouts of a debtor or the location of assets of the debtor if the claim is reduced to judgment, or if not reduced to judgment, when:
(i) The licensee or employee has notified or attempted to notify the debtor in writing at his last known address or last known place of employment concerning the claim and the debtor after a reasonable time has failed to pay the claim or has failed to agree to make payments on the claim in a manner acceptable to the licensee, and
(ii) The debtor has not in writing disputed any part of the claim.
(e) A licensee may communicate the existence of a claim to its customers or clients if the claim is reduced to judgment, or if not reduced to judgment, when:
(i) The licensee has notified or attempted to notify the debtor in writing at his last known address or last known place of employment concerning the claim and the debtor after a reasonable time has failed to pay the claim or has failed to agree to make payments on the claim in a manner acceptable to the licensee, and
(ii) The debtor has not in writing disputed any part of the claim.
(10) Threaten the debtor with impairment of his credit rating if a claim is not paid.
(11) Communicate with the debtor after notification in writing from an attorney representing such debtor that all further communications relative to a claim should be addressed to the attorney: PROVIDED, That if a licensee requests in writing information from an attorney regarding such claim and the attorney does not respond within a reasonable time, the licensee may communicate directly with the debtor until he or it again receives notification in writing that an attorney is representing the debtor.
(12) Communicate with a debtor or anyone else in such a manner as to harass, intimidate, threaten, or embarrass a debtor, including but not limited to communication at an unreasonable hour, with unreasonable frequency, by threats of force or violence, by threats of criminal prosecution, and by use of offensive language. A communication shall be presumed to have been made for the purposes of harassment if:
(a) It is made with a debtor or spouse in any form, manner, or place, more than three times in a single week;
(b) It is made with a debtor at his or her place of employment more than one time in a single week;
(c) It is made with the debtor or spouse at his or her place of residence between the hours of 9:00 p.m. and 7:30 a.m.
(13) Communicate with the debtor through use of forms or instruments that simulate the form or appearance of judicial process, the form or appearance of government documents, or the simulation of a form or appearance of a telegraphic or emergency message.
(14) Communicate with the debtor and represent or imply that the existing obligation of the debtor may be or has been increased by the addition of attorney fees, investigation fees, service fees, or any other fees or charges when in fact such fees or charges may not legally be added to the existing obligation of such debtor.
(15) Threaten to take any action against the debtor which the licensee cannot legally take at the time the threat is made.
(16) Send any telegram or make any telephone calls to a debtor or concerning a debt or for the purpose of demanding payment of a claim or seeking information about a debtor, for which the charges are payable by the addressee or by the person to whom the call is made.
(17) In any manner convey the impression that the licensee is vouched for, bonded to or by, or is an instrumentality of the state of Washington or any agency or department thereof.
(18) Collect or attempt to collect in addition to the principal amount of a claim any sum other than allowable interest, collection costs or handling fees expressly authorized by statute, and, in the case of suit, attorney's fees and taxable court costs.
(19) Procure from a debtor or collect or attempt to collect on any written note, contract, stipulation, promise or acknowledgment under which a debtor may be required to pay any sum other than principal, allowable interest, and, in the case of suit, attorney's fees and taxable court costs.
(20) Upon notification by a debtor that the debtor disputes all debts arising from a series of dishonored checks, automated clearinghouse transactions on a demand deposit account, or other preprinted written instruments, initiate oral contact with a debtor more than one time in an attempt to collect from the debtor debts arising from the identified series of dishonored checks, automated clearinghouse transactions on a demand deposit account, or other preprinted written instruments when: (a) Within the previous one hundred eighty days, in response to the licensee's attempt to collect the initial debt assigned to the licensee and arising from the identified series of dishonored checks, automated clearinghouse transactions on a demand deposit account, or other preprinted written instruments, the debtor in writing notified the licensee that the debtor's checkbook or other series of preprinted written instruments was stolen or fraudulently created; (b) the licensee has received from the debtor a certified copy of a police report referencing the theft or fraudulent creation of the checkbook, automated clearinghouse transactions on a demand deposit account, or series of preprinted written instruments; (c) in the written notification to the licensee or in the police report, the debtor identified the financial institution where the account was maintained, the account number, the magnetic ink character recognition number, the full bank routing and transit number, and the check numbers of the stolen checks, automated clearinghouse transactions on a demand deposit account, or other preprinted written instruments, which check numbers included the number of the check that is the subject of the licensee's collection efforts; (d) the debtor provides, or within the previous one hundred eighty days provided, to the licensee a legible copy of a government-issued photo identification which contains the debtor's signature and which was issued prior to the date of the theft or fraud identified in the police report; (e) the debtor advised the licensee that the subject debt is disputed because the identified check, automated clearinghouse transaction on a demand deposit account, or other preprinted written instrument underlying the debt is a stolen or fraudulently created check or instrument; and (f) information on the checks, automated clearinghouse transactions on a demand deposit account, or other preprinted written instruments are currently in the licensee's files that identically match the information provided by the debtor in (c) of this subsection.
The licensee is not in violation of this subsection if the licensee initiates oral contact with the debtor more than one time in an attempt to collect debts arising from the identified series of dishonored checks, automated clearinghouse transactions on a demand deposit account, or other preprinted written instruments when: (i) The licensee acted in good faith and relied on their established practices and procedures for batching or packeting debtor accounts, and the licensee inadvertently initiates oral contact with the debtor in an attempt to collect debts in the identified series subsequent to the initial debt assigned to the licensee; (ii) the licensee is following up on collection of a debt assigned to the licensee, and the debtor has previously requested more information from the licensee regarding the subject debt; (iii) the debtor has notified the licensee that the debtor disputes only some, but not all the debts arising from the identified series of dishonored checks, automated clearinghouse transactions on a demand deposit account, or other preprinted written instruments, in which case the licensee shall be allowed to initiate oral contact with the debtor one time for each debt arising from the series of identified checks, automated clearinghouse transactions on a demand deposit account, or written instruments and initiate additional oral contact for those debts that the debtor acknowledges do not arise from stolen or fraudulently created checks or written instruments; or (iv) the oral contact is in the context of a judicial, administrative, arbitration, mediation, or similar proceeding.
Sec. 5. RCW 19.16.250 and 1983 c 107 s 1 are each amended to read as follows:
No licensee or employee of a licensee shall:
(1) Directly or indirectly aid or abet any unlicensed person to engage in business as a collection agency in this state or receive compensation from such unlicensed person: PROVIDED, That nothing in this chapter shall prevent a licensee from accepting, as forwardee, claims for collection from a collection agency or attorney whose place of business is outside the state.
(2) Collect or attempt to collect a claim by the use of any means contrary to the postal laws and regulations of the United States postal department.
(3) Publish or post or cause to be published or posted, any list of debtors commonly known as "bad debt lists" or threaten to do so. For purposes of this chapter, a "bad debt list" means any list of natural persons alleged to fail to honor their lawful debts. However, nothing herein shall be construed to prohibit a licensee from communicating to its customers or clients by means of a coded list, the existence of a check dishonored because of insufficient funds, not sufficient funds or closed account by the financial institution servicing the debtor's checking account: PROVIDED, That the debtor's identity is not readily apparent: PROVIDED FURTHER, That the licensee complies with the requirements of subsection (9)(e) of this section.
(4) Have in his possession or make use of any badge, use a uniform of any law enforcement agency or any simulation thereof, or make any statements which might be construed as indicating an official connection with any federal, state, county, or city law enforcement agency, or any other governmental agency, while engaged in collection agency business.
(5) Perform any act or acts, either directly or indirectly, constituting the practice of law.
(6) Advertise for sale or threaten to advertise for sale any claim as a means of endeavoring to enforce payment thereof or agreeing to do so for the purpose of soliciting claims, except where the licensee has acquired claims as an assignee for the benefit of creditors or where the licensee is acting under court order.
(7) Use any name while engaged in the making of a demand for any claim other than the name set forth on his or its current license issued hereunder.
(8) Give or send to any debtor or cause to be given or sent to any debtor, any notice, letter, message, or form which represents or implies that a claim exists unless it shall indicate in clear and legible type:
(a) The name of the licensee and the city, street, and number at which he is licensed to do business;
(b) The name of the original creditor to whom the debtor owed the claim if such name is known to the licensee or employee: PROVIDED, That upon written request of the debtor, the licensee shall make a reasonable effort to obtain the name of such person and provide this name to the debtor;
(c) If the notice, letter, message, or form is the first notice to the debtor or if the licensee is attempting to collect a different amount than indicated in his or its first notice to the debtor, an itemization of the claim asserted must be made including:
(i) Amount owing on the original obligation at the time it was received by the licensee for collection or by assignment;
(ii) Interest or service charge, collection costs, or late payment charges, if any, added to the original obligation by the original creditor, customer or assignor before it was received by the licensee for collection, if such information is known by the licensee or employee: PROVIDED, That upon written request of the debtor, the licensee shall make a reasonable effort to obtain information on such items and provide this information to the debtor;
(iii) Interest or service charge, if any, added by the licensee or customer or assignor after the obligation was received by the licensee for collection;
(iv) Collection costs, if any, that the licensee is attempting to collect;
(v) Attorneys' fees, if any, that the licensee is attempting to collect on his or its behalf or on the behalf of a customer or assignor;
(vi) Any other charge or fee that the licensee is attempting to collect on his or its own behalf or on the behalf of a customer or assignor.
(9) Communicate or threaten to communicate, the existence of a claim to a person other than one who might be reasonably expected to be liable on the claim in any manner other than through proper legal action, process, or proceedings except under the following conditions:
(a) A licensee or employee of a licensee may inform a credit reporting bureau of the existence of a claim: PROVIDED, That if the licensee or employee of a licensee reports a claim to a credit reporting bureau, the licensee shall upon receipt of written notice from the debtor that any part of the claim is disputed, forward a copy of such written notice to the credit reporting bureau;
(b) A licensee or employee in collecting or attempting to collect a claim may communicate the existence of a claim to a debtor's employer if the claim has been reduced to a judgment;
(c) A licensee or employee in collecting or attempting to collect a claim that has not been reduced to judgment, may communicate the existence of a claim to a debtor's employer if:
(i) The licensee or employee has notified or attempted to notify the debtor in writing at his last known address or place of employment concerning the claim and the debtor after a reasonable time has failed to pay the claim or has failed to agree to make payments on the claim in a manner acceptable to the licensee, and
(ii) The debtor has not in writing to the licensee disputed any part of the claim: PROVIDED, That the licensee or employee may only communicate the existence of a claim which has not been reduced to judgment to the debtor's employer once unless the debtor's employer has agreed to additional communications.
(d) A licensee may for the purpose of locating the debtor or locating assets of the debtor communicate the existence of a claim to any person who might reasonably be expected to have knowledge of the whereabouts of a debtor or the location of assets of the debtor if the claim is reduced to judgment, or if not reduced to judgment, when:
(i) The licensee or employee has notified or attempted to notify the debtor in writing at his last known address or last known place of employment concerning the claim and the debtor after a reasonable time has failed to pay the claim or has failed to agree to make payments on the claim in a manner acceptable to the licensee, and
(ii) The debtor has not in writing disputed any part of the claim.
(e) A licensee may communicate the existence of a claim to its customers or clients if the claim is reduced to judgment, or if not reduced to judgment, when:
(i) The licensee has notified or attempted to notify the debtor in writing at his last known address or last known place of employment concerning the claim and the debtor after a reasonable time has failed to pay the claim or has failed to agree to make payments on the claim in a manner acceptable to the licensee, and
(ii) The debtor has not in writing disputed any part of the claim.
(10) Threaten the debtor with impairment of his credit rating if a claim is not paid.
(11) Communicate with the debtor after notification in writing from an attorney representing such debtor that all further communications relative to a claim should be addressed to the attorney: PROVIDED, That if a licensee requests in writing information from an attorney regarding such claim and the attorney does not respond within a reasonable time, the licensee may communicate directly with the debtor until he or it again receives notification in writing that an attorney is representing the debtor.
(12) Communicate with a debtor or anyone else in such a manner as to harass, intimidate, threaten, or embarrass a debtor, including but not limited to communication at an unreasonable hour, with unreasonable frequency, by threats of force or violence, by threats of criminal prosecution, and by use of offensive language. A communication shall be presumed to have been made for the purposes of harassment if:
(a) It is made with a debtor or spouse in any form, manner, or place, more than three times in a single week;
(b) It is made with a debtor at his or her place of employment more than one time in a single week;
(c) It is made with the debtor or spouse at his or her place of residence between the hours of 9:00 p.m. and 7:30 a.m.
(13) Communicate with the debtor through use of forms or instruments that simulate the form or appearance of judicial process, the form or appearance of government documents, or the simulation of a form or appearance of a telegraphic or emergency message.
(14) Communicate with the debtor and represent or imply that the existing obligation of the debtor may be or has been increased by the addition of attorney fees, investigation fees, service fees, or any other fees or charges when in fact such fees or charges may not legally be added to the existing obligation of such debtor.
(15) Threaten to take any action against the debtor which the licensee cannot legally take at the time the threat is made.
(16) Send any telegram or make any telephone calls to a debtor or concerning a debt or for the purpose of demanding payment of a claim or seeking information about a debtor, for which the charges are payable by the addressee or by the person to whom the call is made.
(17) In any manner convey the impression that the licensee is vouched for, bonded to or by, or is an instrumentality of the state of Washington or any agency or department thereof.
(18) Collect or attempt to collect in addition to the principal amount of a claim any sum other than allowable interest, collection costs or handling fees expressly authorized by statute, and, in the case of suit, attorney's fees and taxable court costs.
(19) Procure from a debtor or collect or attempt to collect on any written note, contract, stipulation, promise or acknowledgment under which a debtor may be required to pay any sum other than principal, allowable interest, and, in the case of suit, attorney's fees and taxable court costs.
(20) Upon notification by a debtor that the debtor disputes all debts arising from a series of dishonored checks, automated clearinghouse transactions on a demand deposit account, or other preprinted written instruments, initiate oral contact with a debtor more than one time in an attempt to collect from the debtor debts arising from the identified series of dishonored checks, automated clearinghouse transactions on a demand deposit account, or other preprinted written instruments when: (a) Within the previous one hundred eighty days, in response to the licensee's attempt to collect the initial debt assigned to the licensee and arising from the identified series of dishonored checks, automated clearinghouse transactions on a demand deposit account, or other preprinted written instruments, the debtor in writing notified the licensee that the debtor's checkbook or other series of preprinted written instruments was stolen or fraudulently created; (b) the licensee has received from the debtor a certified copy of a police report referencing the theft or fraudulent creation of the checkbook, automated clearinghouse transactions on a demand deposit account, or series of preprinted written instruments; (c) in the written notification to the licensee or in the police report, the debtor identified the financial institution where the account was maintained, the account number, the magnetic ink character recognition number, the full bank routing and transit number, and the check numbers of the stolen checks, automated clearinghouse transactions on a demand deposit account, or other preprinted written instruments, which check numbers included the number of the check that is the subject of the licensee's collection efforts; (d) the debtor provides, or within the previous one hundred eighty days provided, to the licensee a legible copy of a government-issued photo identification which contains the debtor's signature and which was issued prior to the date of the theft or fraud identified in the police report; and (e) the debtor advised the licensee that the subject debt is disputed because the identified check, automated clearinghouse transaction on a demand deposit account, or other preprinted written instrument underlying the debt is a stolen or fraudulently created check or instrument.
The licensee is not in violation of this subsection if the licensee initiates oral contact with the debtor more than one time in an attempt to collect debts arising from the identified series of dishonored checks, automated clearinghouse transactions on a demand deposit account, or other preprinted written instruments when: (i) The licensee acted in good faith and relied on their established practices and procedures for batching or packeting debtor accounts, and the licensee inadvertently initiates oral contact with the debtor in an attempt to collect debts in the identified series subsequent to the initial debt assigned to the licensee; (ii) the licensee is following up on collection of a debt assigned to the licensee, and the debtor has previously requested more information from the licensee regarding the subject debt; (iii) the debtor has notified the licensee that the debtor disputes only some, but not all the debts arising from the identified series of dishonored checks, automated clearinghouse transactions on a demand deposit account, or other preprinted written instruments, in which case the licensee shall be allowed to initiate oral contact with the debtor one time for each debt arising from the series of identified checks, automated clearinghouse transactions on a demand deposit account, or written instruments and initiate additional oral contact for those debts that the debtor acknowledges do not arise from stolen or fraudulently created checks or written instruments; or (iv) the oral contact is in the context of a judicial, administrative, arbitration, mediation, or similar proceeding.
NEW SECTION. Sec. 6. A new section is added to chapter 19.182 RCW to read as follows:
BLOCK OF INFORMATION APPEARING AS A RESULT OF IDENTITY THEFT. (1) Within thirty days of receipt of proof of the consumer's identification and a copy of a filed police report evidencing the consumer's claim to be a victim of a violation of RCW 9.35.020, a consumer reporting agency shall permanently block reporting any information the consumer identifies on his or her consumer report is a result of a violation of RCW 9.35.020, so that the information cannot be reported, except as provided in subsection (2) of this section. The consumer reporting agency shall promptly notify the furnisher of the information that a police report has been filed, that a block has been requested, and the effective date of the block.
(2) A consumer reporting agency may decline to block or may rescind any block of consumer information if, in the exercise of good faith and reasonable judgment, the consumer reporting agency believes:
(a) The information was blocked due to a misrepresentation of fact by the consumer relevant to the request to block under this section;
(b) The consumer agrees that the blocked information or portions of the blocked information were blocked in error; or
(c) The consumer knowingly obtained possession of goods, services, or moneys as a result of the blocked transaction or transactions or the consumer should have known that he or she obtained possession of goods, services, or moneys as a result of the blocked transaction or transactions.
(3) If the block of information is declined or rescinded under this section, the consumer shall be notified promptly in the same manner as consumers are notified of the reinsertion of information pursuant to section 611 of the fair credit reporting act, 15 U.S.C. Sec. 1681I, as amended. The prior presence of the blocked information in the consumer reporting agency's file on the consumer is not evidence of whether the consumer knew or should have known that he or she obtained possession of any goods, services, or moneys.
NEW SECTION. Sec. 7. A new section is added to chapter 9.35 RCW to read as follows:
The legislature finds that the practices covered by RCW 19.16.250, 9.35.010, and 9.35.020 are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Violations of RCW 19.16.250, 9.35.010, and 9.35.020 are not reasonable in relation to the development and preservation of business. A violation of RCW 19.16.250, 9.35.010, and 9.35.020 is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
Nothing in RCW 19.16.250, 9.35.010, and 9.35.020 limits a victim's ability to receive treble damages under RCW 19.86.090.
Sec. 8. RCW 9.35.010 and 1999 c 368 s 2 are each amended to read as follows:
(1) No person may obtain or attempt to obtain, or cause to be disclosed or attempt to cause to be disclosed to any person, financial information from a financial information repository, financial services provider, merchant, corporation, trust, partnership, or unincorporated association:
(a) By knowingly making a false, fictitious, or fraudulent statement or representation to an officer, employee, or agent of a financial information repository with the intent to deceive the officer, employee, or agent into relying on that statement or representation for purposes of releasing the financial information;
(b) By knowingly making a false, fictitious, or fraudulent statement or representation to a customer of a financial information repository, financial services provider, merchant, corporation, trust, partnership, or unincorporated association with the intent to deceive the customer into releasing financial information or authorizing the release of such information;
(c) By knowingly providing any document to an officer, employee, or agent of a financial information repository, financial services provider, merchant, corporation, trust, partnership, or unincorporated association, knowing that the document is forged, counterfeit, lost, or stolen; was fraudulently obtained; or contains a false, fictitious, or fraudulent statement or representation, if the document is provided with the intent to deceive the officer, employee, or agent to release the financial information.
(2) No person may request another person to obtain financial information from a financial information repository, financial services provider, merchant, corporation, trust, partnership, or unincorporated association and knows or should have known that the person will obtain or attempt to obtain the information from the financial institution repository, financial services provider, merchant, corporation, trust, partnership, or unincorporated association in any manner described in subsection (1) of this section.
(3) ((As used in this section, unless the context clearly requires otherwise:
(a) "Financial information" means, to the extent it is nonpublic, any of the following information identifiable to the individual that concerns the amount and conditions of an individual's assets, liabilities, or credit:
(i) Account numbers and balances;
(ii) Transactional information concerning any account; and
(iii) Codes, passwords, social security numbers, tax identification numbers, driver's license or permit numbers, state identicard numbers issued by the department of licensing, and other information held for the purpose of account access or transaction initiation.
(b) "Financial information repository" means any person engaged in the business of providing services to customers who have a credit, deposit, trust, stock, or other financial account or relationship with the person.
(c) "Person" means an individual, partnership, corporation, or association.
(4))) No provision of this section shall be construed so as to prevent any action by a law enforcement agency, or any officer, employee, or agent of such agency, or any action of an agent of the financial information repository, financial services provider, merchant, corporation, trust, partnership, or unincorporated association when working in conjunction with a law enforcement agency.
(((5))) (4) This section does not apply to:
(a) Efforts by the financial information repository to test security procedures or systems of the financial institution repository for maintaining the confidentiality of customer information;
(b) Investigation of alleged employee misconduct or negligence; or
(c) Efforts to recover financial or personal information of the financial institution obtained or received by another person in any manner described in subsection (1) or (2) of this section.
(((6))) (5) Violation of this section is a class C felony.
(((7))) (6) A person ((that [who])) who violates this section is liable for five hundred dollars or actual damages, whichever is greater, and reasonable attorneys' fees. ((If the person violating this section is a business that repeatedly violates this section, that person also violates the Consumer Protection Act, chapter 19.86 RCW.))
Sec. 9. RCW 9.35.020 and 1999 c 368 s 3 are each amended to read as follows:
(1) No person may knowingly obtain, possess, use, or ((knowingly)) transfer a means of identification or financial information of another person, living or dead, with the intent to commit, or to aid or abet, any ((unlawful activity harming or intending to harm the person whose identity is used, or for committing any felony.
(2) For purposes of this section, "means of identification" means any information or item that is not describing finances or credit but is personal to or identifiable with any individual or other person, including any current or former name of the person, telephone number, and electronic address or identifier of the individual or any member of his or her family, including the ancestor of such person; any information relating to a change in name, address, telephone number, or electronic address or identifier of the individual or his or her family; any social security, driver's license, or tax identification number of the individual or any member of his or her family; and other information which could be used to identify the person, including unique biometric data)) crime.
(((3))) (2)(a) Violation of this section when the accused or an accomplice uses the victim's means of identification or financial information and obtains an aggregate total of credit, money, goods, services, or anything else of value in excess of one thousand five hundred dollars in value shall constitute identity theft in the first degree. Identity theft in the first degree is a class B felony.
(b) Violation of this section when the accused or an accomplice uses the victim's means of identification or financial information and obtains an aggregate total of credit, money, goods, services, or anything else of value that is less than one thousand five hundred dollars in value, or when no credit, money, goods, services, or anything of value is obtained shall constitute identity theft in the second degree. Identity theft in the second degree is a class C felony.
(((4))) (3) A person ((that [who])) who violates this section is liable for civil damages of five hundred dollars or actual damages, whichever is greater, including costs to repair the ((person's)) victim's credit record, ((whichever is greater,)) and reasonable attorneys' fees((. If the person violating this section is a business that repeatedly violates this section, that person also violates the Consumer Protection Act, chapter 19.86 RCW)) as determined by the court.
(4) In a proceeding under this section, the crime will be considered to have been committed in any locality where the person whose means of identification or financial information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in that locality.
(5) The provisions of this section do not apply to any person who obtains another person's driver's license or other form of identification for the sole purpose of misrepresenting his or her age.
(6) In a proceeding under this section in which a person's means of identification or financial information was used without that person's authorization, and when there has been a conviction, the sentencing court may issue such orders as are necessary to correct a public record that contains false information resulting from a violation of this section.
Sec. 10. RCW 9.35.030 and 2000 c 77 s 1 are each amended to read as follows:
(1) It is unlawful for any person to knowingly use a means of identification or financial information of another person to solicit undesired mail with the intent to annoy, harass, intimidate, torment, or embarrass that person.
(2) ((For purposes of this section, "means of identification" has the meaning provided in RCW 9.35.020.
(3))) Violation of this section is a misdemeanor.
(((4))) (3) Additionally, a person who violates this section is liable for civil damages of five hundred dollars or actual damages, including costs to repair the person's credit record, whichever is greater, and reasonable attorneys' fees as determined by the court.
Sec. 11. RCW 9A.82.010 and 1999 c 143 s 40 are each amended to read as follows:
Unless the context requires the contrary, the definitions in this section apply throughout this chapter.
(1)(a) "Beneficial interest" means:
(i) The interest of a person as a beneficiary under a trust established under Title 11 RCW in which the trustee for the trust holds legal or record title to real property;
(ii) The interest of a person as a beneficiary under any other trust arrangement under which a trustee holds legal or record title to real property for the benefit of the beneficiary; or
(iii) The interest of a person under any other form of express fiduciary arrangement under which one person holds legal or record title to real property for the benefit of the other person.
(b) "Beneficial interest" does not include the interest of a stockholder in a corporation or the interest of a partner in a general partnership or limited partnership.
(c) A beneficial interest is considered to be located where the real property owned by the trustee is located.
(2) "Control" means the possession of a sufficient interest to permit substantial direction over the affairs of an enterprise.
(3) "Creditor" means a person making an extension of credit or a person claiming by, under, or through a person making an extension of credit.
(4) "Criminal profiteering" means any act, including any anticipatory or completed offense, committed for financial gain, that is chargeable or indictable under the laws of the state in which the act occurred and, if the act occurred in a state other than this state, would be chargeable or indictable under the laws of this state had the act occurred in this state and punishable as a felony and by imprisonment for more than one year, regardless of whether the act is charged or indicted, as any of the following:
(a) Murder, as defined in RCW 9A.32.030 and 9A.32.050;
(b) Robbery, as defined in RCW 9A.56.200 and 9A.56.210;
(c) Kidnapping, as defined in RCW 9A.40.020 and 9A.40.030;
(d) Forgery, as defined in RCW 9A.60.020 and 9A.60.030;
(e) Theft, as defined in RCW 9A.56.030, 9A.56.040, 9A.56.060, and 9A.56.080;
(f) Unlawful sale of subscription television services, as defined in RCW 9A.56.230;
(g) Theft of telecommunication services or unlawful manufacture of a telecommunication device, as defined in RCW 9A.56.262 and 9A.56.264;
(h) Child selling or child buying, as defined in RCW 9A.64.030;
(i) Bribery, as defined in RCW 9A.68.010, 9A.68.020, 9A.68.040, and 9A.68.050;
(j) Gambling, as defined in RCW 9.46.220 and 9.46.215 and 9.46.217;
(k) Extortion, as defined in RCW 9A.56.120 and 9A.56.130;
(l) Extortionate extension of credit, as defined in RCW 9A.82.020;
(m) Advancing money for use in an extortionate extension of credit, as defined in RCW 9A.82.030;
(n) Collection of an extortionate extension of credit, as defined in RCW 9A.82.040;
(o) Collection of an unlawful debt, as defined in RCW 9A.82.045;
(p) Delivery or manufacture of controlled substances or possession with intent to deliver or manufacture controlled substances under chapter 69.50 RCW;
(q) Trafficking in stolen property, as defined in RCW 9A.82.050;
(r) Leading organized crime, as defined in RCW 9A.82.060;
(s) Money laundering, as defined in RCW 9A.83.020;
(t) Obstructing criminal investigations or prosecutions in violation of RCW 9A.72.090, 9A.72.100, 9A.72.110, 9A.72.120, 9A.72.130, 9A.76.070, or 9A.76.180;
(u) Fraud in the purchase or sale of securities, as defined in RCW 21.20.010;
(v) Promoting pornography, as defined in RCW 9.68.140;
(w) Sexual exploitation of children, as defined in RCW 9.68A.040, 9.68A.050, and 9.68A.060;
(x) Promoting prostitution, as defined in RCW 9A.88.070 and 9A.88.080;
(y) Arson, as defined in RCW 9A.48.020 and 9A.48.030;
(z) Assault, as defined in RCW 9A.36.011 and 9A.36.021;
(aa) Assault of a child, as defined in RCW 9A.36.120 and 9A.36.130;
(bb) A pattern of equity skimming, as defined in RCW 61.34.020;
(cc) Commercial telephone solicitation in violation of RCW 19.158.040(1);
(dd) Trafficking in insurance claims, as defined in RCW 48.30A.015;
(ee) Unlawful practice of law, as defined in RCW 2.48.180;
(ff) Commercial bribery, as defined in RCW 9A.68.060;
(gg) Health care false claims, as defined in RCW 48.80.030; ((or))
(hh) Unlicensed practice of a profession or business, as defined in RCW 18.130.190(7);
(ii) Improperly obtaining financial information, as defined in RCW 9.35.010; or
(jj) Identity theft, as defined in RCW 9.35.020.
(5) "Dealer in property" means a person who buys and sells property as a business.
(6) "Debtor" means a person to whom an extension of credit is made or a person who guarantees the repayment of an extension of credit or in any manner undertakes to indemnify the creditor against loss resulting from the failure of a person to whom an extension is made to repay the same.
(7) "Documentary material" means any book, paper, document, writing, drawing, graph, chart, photograph, phonograph record, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into usable form, or other tangible item.
(8) "Enterprise" includes any individual, sole proprietorship, partnership, corporation, business trust, or other profit or nonprofit legal entity, and includes any union, association, or group of individuals associated in fact although not a legal entity, and both illicit and licit enterprises and governmental and nongovernmental entities.
(9) "Extortionate extension of credit" means an extension of credit with respect to which it is the understanding of the creditor and the debtor at the time the extension is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person.
(10) "Extortionate means" means the use, or an express or implicit threat of use, of violence or other criminal means to cause harm to the person, reputation, or property of any person.
(11) "Financial institution" means any bank, trust company, savings and loan association, savings bank, mutual savings bank, credit union, or loan company under the jurisdiction of the state or an agency of the United States.
(12) "Pattern of criminal profiteering activity" means engaging in at least three acts of criminal profiteering, one of which occurred after July 1, 1985, and the last of which occurred within five years, excluding any period of imprisonment, after the commission of the earliest act of criminal profiteering. In order to constitute a pattern, the three acts must have the same or similar intent, results, accomplices, principals, victims, or methods of commission, or be otherwise interrelated by distinguishing characteristics including a nexus to the same enterprise, and must not be isolated events. However, in any civil proceedings brought pursuant to RCW 9A.82.100 by any person other than the attorney general or county prosecuting attorney in which one or more acts of fraud in the purchase or sale of securities are asserted as acts of criminal profiteering activity, it is a condition to civil liability under RCW 9A.82.100 that the defendant has been convicted in a criminal proceeding of fraud in the purchase or sale of securities under RCW 21.20.400 or under the laws of another state or of the United States requiring the same elements of proof, but such conviction need not relate to any act or acts asserted as acts of criminal profiteering activity in such civil action under RCW 9A.82.100.
(13) "Real property" means any real property or interest in real property, including but not limited to a land sale contract, lease, or mortgage of real property.
(14) "Records" means any book, paper, writing, record, computer program, or other material.
(15) "Repayment of an extension of credit" means the repayment, satisfaction, or discharge in whole or in part of a debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit.
(16) "Stolen property" means property that has been obtained by theft, robbery, or extortion.
(17) "To collect an extension of credit" means to induce in any way a person to make repayment thereof.
(18) "To extend credit" means to make or renew a loan or to enter into an agreement, tacit or express, whereby the repayment or satisfaction of a debt or claim, whether acknowledged or disputed, valid or invalid, and however arising, may or shall be deferred.
(19) "Traffic" means to sell, transfer, distribute, dispense, or otherwise dispose of stolen property to another person, or to buy, receive, possess, or obtain control of stolen property, with intent to sell, transfer, distribute, dispense, or otherwise dispose of the property to another person.
(20)(a) "Trustee" means:
(i) A person acting as a trustee under a trust established under Title 11 RCW in which the trustee holds legal or record title to real property;
(ii) A person who holds legal or record title to real property in which another person has a beneficial interest; or
(iii) A successor trustee to a person who is a trustee under (a)(i) or (ii) of this subsection.
(b) "Trustee" does not mean a person appointed or acting as:
(i) A personal representative under Title 11 RCW;
(ii) A trustee of any testamentary trust;
(iii) A trustee of any indenture of trust under which a bond is issued; or
(iv) A trustee under a deed of trust.
(21) "Unlawful debt" means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in the state in full or in part because the debt was incurred or contracted:
(a) In violation of any one of the following:
(i) Chapter 67.16 RCW relating to horse racing;
(ii) Chapter 9.46 RCW relating to gambling;
(b) In a gambling activity in violation of federal law; or
(c) In connection with the business of lending money or a thing of value at a rate that is at least twice the permitted rate under the applicable state or federal law relating to usury.
Sec. 12. RCW 9.94A.320 and 2000 c 225 s 5, 2000 c 119 s 17, and 2000 c 66 s 2 are each reenacted and amended to read as follows:
TABLE 2
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
XVI Aggravated Murder 1 (RCW 10.95.020)
XV Homicide by abuse (RCW 9A.32.055)
Malicious explosion 1 (RCW 70.74.280(1))
Murder 1 (RCW 9A.32.030)
XIV Murder 2 (RCW 9A.32.050)
XIII Malicious explosion 2 (RCW 70.74.280(2))
Malicious placement of an explosive 1 (RCW 70.74.270(1))
XII Assault 1 (RCW 9A.36.011)
Assault of a Child 1 (RCW 9A.36.120)
Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))
Rape 1 (RCW 9A.44.040)
Rape of a Child 1 (RCW 9A.44.073)
XI Manslaughter 1 (RCW 9A.32.060)
Rape 2 (RCW 9A.44.050)
Rape of a Child 2 (RCW 9A.44.076)
X Child Molestation 1 (RCW 9A.44.083)
Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
Kidnapping 1 (RCW 9A.40.020)
Leading Organized Crime (RCW 9A.82.060(1)(a))
Malicious explosion 3 (RCW 70.74.280(3))
Manufacture of methamphetamine (RCW 69.50.401(a)(1)(ii))
Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)
IX Assault of a Child 2 (RCW 9A.36.130)
Controlled Substance Homicide (RCW 69.50.415)
Explosive devices prohibited (RCW 70.74.180)
Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050)
Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))
Malicious placement of an explosive 2 (RCW 70.74.270(2))
Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)
Robbery 1 (RCW 9A.56.200)
Sexual Exploitation (RCW 9.68A.040)
Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)
VIII Arson 1 (RCW 9A.48.020)
Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))
Hit and Run--Death (RCW 46.52.020(4)(a))
Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050)
Manslaughter 2 (RCW 9A.32.070)
Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(a)(1)(ii))
Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))
Possession of Ephedrine, Pseudoephedrine, or Anhydrous Ammonia with intent to manufacture methamphetamine (RCW 69.50.440)
Promoting Prostitution 1 (RCW 9A.88.070)
Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)
Theft of Anhydrous Ammonia (RCW 69.55.010)
Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)
VII Burglary 1 (RCW 9A.52.020)
Child Molestation 2 (RCW 9A.44.086)
Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)
Drive-by Shooting (RCW 9A.36.045)
Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050)
Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))
Introducing Contraband 1 (RCW 9A.76.140)
Involving a minor in drug dealing (RCW 69.50.401(f))
Malicious placement of an explosive 3 (RCW 70.74.270(3))
Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)
Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))
Use of a Machine Gun in Commission of a Felony (RCW 9.41.225)
Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)
VI Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))
Bribery (RCW 9A.68.010)
Incest 1 (RCW 9A.64.020(1))
Intimidating a Judge (RCW 9A.72.160)
Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)
Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) or flunitrazepam from Schedule IV (RCW 69.50.401(a)(1)(i))
Rape of a Child 3 (RCW 9A.44.079)
Theft of a Firearm (RCW 9A.56.300)
Unlawful Storage of Anhydrous Ammonia (RCW 69.55.020)
V Abandonment of dependent person 1 (RCW 9A.42.060)
Advancing money or property for extortionate extension of credit (RCW 9A.82.030)
Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))
Child Molestation 3 (RCW 9A.44.089)
Criminal Mistreatment 1 (RCW 9A.42.020)
Custodial Sexual Misconduct 1 (RCW 9A.44.160)
Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))
Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145)
Extortion 1 (RCW 9A.56.120)
Extortionate Extension of Credit (RCW 9A.82.020)
Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
Incest 2 (RCW 9A.64.020(2))
Kidnapping 2 (RCW 9A.40.030)
Perjury 1 (RCW 9A.72.020)
Persistent prison misbehavior (RCW 9.94.070)
Possession of a Stolen Firearm (RCW 9A.56.310)
Rape 3 (RCW 9A.44.060)
Rendering Criminal Assistance 1 (RCW 9A.76.070)
Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
Sexually Violating Human Remains (RCW 9A.44.105)
Stalking (RCW 9A.46.110)
IV Arson 2 (RCW 9A.48.030)
Assault 2 (RCW 9A.36.021)
Assault by Watercraft (RCW 79A.60.060)
Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)
Commercial Bribery (RCW 9A.68.060)
Counterfeiting (RCW 9.16.035(4))
Escape 1 (RCW 9A.76.110)
Hit and Run--Injury (RCW 46.52.020(4)(b))
Hit and Run with Vessel--Injury Accident (RCW 79A.60.200(3))
Identity Theft 1 (RCW 9.35.020(2)(a))
Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)
Influencing Outcome of Sporting Event (RCW 9A.82.070)
Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))
Malicious Harassment (RCW 9A.36.080)
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(a)(1) (iii) through (v))
Residential Burglary (RCW 9A.52.025)
Robbery 2 (RCW 9A.56.210)
Theft of Livestock 1 (RCW 9A.56.080)
Threats to Bomb (RCW 9.61.160)
Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))
Vehicular Assault (RCW 46.61.522)
Willful Failure to Return from Furlough (RCW 72.66.060)
III Abandonment of dependent person 2 (RCW 9A.42.070)
Assault 3 (RCW 9A.36.031)
Assault of a Child 3 (RCW 9A.36.140)
Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))
Burglary 2 (RCW 9A.52.030)
Communication with a Minor for Immoral Purposes (RCW 9.68A.090)
Criminal Gang Intimidation (RCW 9A.46.120)
Criminal Mistreatment 2 (RCW 9A.42.030)
Custodial Assault (RCW 9A.36.100)
Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))
Escape 2 (RCW 9A.76.120)
Extortion 2 (RCW 9A.56.130)
Harassment (RCW 9A.46.020)
Intimidating a Public Servant (RCW 9A.76.180)
Introducing Contraband 2 (RCW 9A.76.150)
Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(a)(6))
Malicious Injury to Railroad Property (RCW 81.60.070)
Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(iii))
Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))
Patronizing a Juvenile Prostitute (RCW 9.68A.100)
Perjury 2 (RCW 9A.72.030)
Possession of Incendiary Device (RCW 9.40.120)
Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190)
Promoting Prostitution 2 (RCW 9A.88.080)
Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))
Securities Act violation (RCW 21.20.400)
Tampering with a Witness (RCW 9A.72.120)
Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230)
Theft of Livestock 2 (RCW 9A.56.080)
Unlawful Imprisonment (RCW 9A.40.040)
Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))
Unlawful Use of Building for Drug Purposes (RCW 69.53.010)
Willful Failure to Return from Work Release (RCW 72.65.070)
II Computer Trespass 1 (RCW 9A.52.110)
Counterfeiting (RCW 9.16.035(3))
Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))
Escape from Community Custody (RCW 72.09.310)
Health Care False Claims (RCW 48.80.030)
Identity Theft 2 (RCW 9.35.020(2)(b))
Improperly Obtaining Financial Information (RCW 9.35.010)
Malicious Mischief 1 (RCW 9A.48.070)
Possession of controlled substance that is either heroin or narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(d))
Possession of phencyclidine (PCP) (RCW 69.50.401(d))
Possession of Stolen Property 1 (RCW 9A.56.150)
Theft 1 (RCW 9A.56.030)
Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more) (RCW 9A.56.096(4))
Trafficking in Insurance Claims (RCW 48.30A.015)
Unlawful Practice of Law (RCW 2.48.180)
Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))
I Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)
False Verification for Welfare (RCW 74.08.055)
Forged Prescription (RCW 69.41.020)
Forged Prescription for a Controlled Substance (RCW 69.50.403)
Forgery (RCW 9A.60.020)
Malicious Mischief 2 (RCW 9A.48.080)
Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine or flunitrazepam) (RCW 69.50.401(d))
Possession of Stolen Property 2 (RCW 9A.56.160)
Reckless Burning 1 (RCW 9A.48.040)
Taking Motor Vehicle Without Permission (RCW 9A.56.070)
Theft 2 (RCW 9A.56.040)
Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars) (RCW 9A.56.096(4))
Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))
Vehicle Prowl 1 (RCW 9A.52.095)
Sec. 13. RCW 13.40.0357 and 2000 c 66 s 3 are each amended to read as follows:
DESCRIPTION AND OFFENSE CATEGORY
juvenile juvenile disposition
disposition category for attempt,
offense bailjump, conspiracy,
category description (rcw citation) or solicitation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Arson and Malicious Mischief
A Arson 1 (9A.48.020) B+
B Arson 2 (9A.48.030) C
C Reckless Burning 1 (9A.48.040) D
D Reckless Burning 2 (9A.48.050) E
B Malicious Mischief 1 (9A.48.070) C
C Malicious Mischief 2 (9A.48.080) D
D Malicious Mischief 3 (<$50 is
E class) (9A.48.090) E
E Tampering with Fire Alarm
Apparatus (9.40.100) E
A Possession of Incendiary Device
(9.40.120) B+
Assault and Other Crimes
Involving Physical Harm
A Assault 1 (9A.36.011) B+
B+ Assault 2 (9A.36.021) C+
C+ Assault 3 (9A.36.031) D+
D+ Assault 4 (9A.36.041) E
B+ Drive-By Shooting
(9A.36.045) C+
D+ Reckless Endangerment
(9A.36.050) E
C+ Promoting Suicide Attempt
(9A.36.060) D+
D+ Coercion (9A.36.070) E
C+ Custodial Assault (9A.36.100) D+
Burglary and Trespass
B+ Burglary 1 (9A.52.020) C+
B Residential Burglary
(9A.52.025) C
B Burglary 2 (9A.52.030) C
D Burglary Tools (Possession of)
(9A.52.060) E
D Criminal Trespass 1 (9A.52.070) E
E Criminal Trespass 2 (9A.52.080) E
C Vehicle Prowling 1 (9A.52.095) D
D Vehicle Prowling 2 (9A.52.100) E
Drugs
E Possession/Consumption of Alcohol
(66.44.270) E
C Illegally Obtaining Legend Drug
(69.41.020) D
C+ Sale, Delivery, Possession of Legend
Drug with Intent to Sell
(69.41.030) D+
E Possession of Legend Drug
(69.41.030) E
B+ Violation of Uniform Controlled
Substances Act - Narcotic,
Methamphetamine, or Flunitrazepam
Sale (69.50.401(a)(1) (i) or (ii)) B+
C Violation of Uniform Controlled
Substances Act - Nonnarcotic Sale
(69.50.401(a)(1)(iii)) C
E Possession of Marihuana <40 grams
(69.50.401(e)) E
C Fraudulently Obtaining Controlled
Substance (69.50.403) C
C+ Sale of Controlled Substance
for Profit (69.50.410) C+
E Unlawful Inhalation (9.47A.020) E
B Violation of Uniform Controlled
Substances Act - Narcotic,
Methamphetamine, or Flunitrazepam
Counterfeit Substances
(69.50.401(b)(1) (i) or (ii)) B
C Violation of Uniform Controlled
Substances Act - Nonnarcotic
Counterfeit Substances
(69.50.401(b)(1) (iii), (iv), (v)) C
C Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance
(69.50.401(d)) C
C Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance
(69.50.401(c)) C
Firearms and Weapons
B Theft of Firearm (9A.56.300) C
B Possession of Stolen Firearm
(9A.56.310) C
E Carrying Loaded Pistol Without
Permit (9.41.050) E
C Possession of Firearms by Minor (<18)
(9.41.040(1)(b)(iii)) C
D+ Possession of Dangerous Weapon
(9.41.250) E
D Intimidating Another Person by use
of Weapon (9.41.270) E
Homicide
A+ Murder 1 (9A.32.030) A
A+ Murder 2 (9A.32.050) B+
B+ Manslaughter 1 (9A.32.060) C+
C+ Manslaughter 2 (9A.32.070) D+
B+ Vehicular Homicide (46.61.520) C+
Kidnapping
A Kidnap 1 (9A.40.020) B+
B+ Kidnap 2 (9A.40.030) C+
C+ Unlawful Imprisonment
(9A.40.040) D+
Obstructing Governmental Operation
D Obstructing a Law Enforcement
Officer (9A.76.020) E
E Resisting Arrest (9A.76.040) E
B Introducing Contraband 1
(9A.76.140) C
C Introducing Contraband 2
(9A.76.150) D
E Introducing Contraband 3
(9A.76.160) E
B+ Intimidating a Public Servant
(9A.76.180) C+
B+ Intimidating a Witness
(9A.72.110) C+
Public Disturbance
C+ Riot with Weapon (9A.84.010) D+
D+ Riot Without Weapon
(9A.84.010) E
E Failure to Disperse (9A.84.020) E
E Disorderly Conduct (9A.84.030) E
Sex Crimes
A Rape 1 (9A.44.040) B+
A- Rape 2 (9A.44.050) B+
C+ Rape 3 (9A.44.060) D+
A- Rape of a Child 1 (9A.44.073) B+
B+ Rape of a Child 2 (9A.44.076) C+
B Incest 1 (9A.64.020(1)) C
C Incest 2 (9A.64.020(2)) D
D+ Indecent Exposure
(Victim <14) (9A.88.010) E
E Indecent Exposure
(Victim 14 or over) (9A.88.010) E
B+ Promoting Prostitution 1
(9A.88.070) C+
C+ Promoting Prostitution 2
(9A.88.080) D+
E O & A (Prostitution) (9A.88.030) E
B+ Indecent Liberties (9A.44.100) C+
A- Child Molestation 1 (9A.44.083) B+
B Child Molestation 2 (9A.44.086) C+
Theft, Robbery, Extortion, and Forgery
B Theft 1 (9A.56.030) C
C Theft 2 (9A.56.040) D
D Theft 3 (9A.56.050) E
B Theft of Livestock (9A.56.080) C
C Forgery (9A.60.020) D
A Robbery 1 (9A.56.200) B+
B+ Robbery 2 (9A.56.210) C+
B+ Extortion 1 (9A.56.120) C+
C+ Extortion 2 (9A.56.130) D+
C Identity Theft 1 (9.35.020(2)(a)) D
D Identity Theft 2 (9.35.020(2)(b)) E
D Improperly Obtaining Financial
Information E
B Possession of Stolen Property 1
(9A.56.150) C
C Possession of Stolen Property 2
(9A.56.160) D
D Possession of Stolen Property 3
(9A.56.170) E
C Taking Motor Vehicle Without
Owner's Permission (9A.56.070) D
Motor Vehicle Related Crimes
E Driving Without a License
(46.20.005) E
B+ Hit and Run - Death
(46.52.020(4)(a)) C+
C Hit and Run - Injury
(46.52.020(4)(b)) D
D Hit and Run-Attended
(46.52.020(5)) E
E Hit and Run-Unattended
(46.52.010) E
C Vehicular Assault (46.61.522) D
C Attempting to Elude Pursuing
Police Vehicle (46.61.024) D
E Reckless Driving (46.61.500) E
D Driving While Under the Influence
(46.61.502 and 46.61.504) E
Other
B Bomb Threat (9.61.160) C
C Escape 11 (9A.76.110) C
C Escape 21 (9A.76.120) C
D Escape 3 (9A.76.130) E
E Obscene, Harassing, Etc.,
Phone Calls (9.61.230) E
A Other Offense Equivalent to an
Adult Class A Felony B+
B Other Offense Equivalent to an
Adult Class B Felony C
C Other Offense Equivalent to an
Adult Class C Felony D
D Other Offense Equivalent to an
Adult Gross Misdemeanor E
E Other Offense Equivalent to an
Adult Misdemeanor E
V Violation of Order of Restitution,
Community Supervision, or
Confinement (13.40.200)2 V
1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:
1st escape or attempted escape during 12-month period - 4 weeks confinement
2nd escape or attempted escape during 12-month period - 8 weeks confinement
3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement
2If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.
JUVENILE SENTENCING STANDARDS
This schedule must be used for juvenile offenders. The court may select sentencing option A, B, or C.
OPTION A
JUVENILE OFFENDER SENTENCING GRID
STANDARD RANGE
A+ 180 WEEKS TO AGE 21 YEARS
A 103 WEEKS TO 129 WEEKS
A- 15-36 |52-65 |80-100 |103-129
WEEKS |WEEKS |WEEKS |WEEKS
EXCEPT |||
30-40 |||
WEEKS FOR |||
15-17 |||
YEAR OLDS |||
Current B+ 15-36 |52-65 |80-100 |103-129
Offense WEEKS |WEEKS |WEEKS |WEEKS
Category
B LOCAL | |52-65
SANCTIONS (LS) |15-36 WEEKS |WEEKS
C+ LS |
|15-36 WEEKS
C LS |15-36 WEEKS
Local Sanctions: |
0 to 30 Days
D+ LS 0 to 12 Months Community Supervision
0 to 150 Hours Community Service
D LS $0 to $500 Fine
E LS
0 1 2 3 4 or more
PRIOR ADJUDICATIONS
NOTE: References in the grid to days or weeks mean periods of confinement.
(1) The vertical axis of the grid is the current offense category. The current offense category is determined by the offense of adjudication.
(2) The horizontal axis of the grid is the number of prior adjudications included in the juvenile's criminal history. Each prior felony adjudication shall count as one point. Each prior violation, misdemeanor, and gross misdemeanor adjudication shall count as 1/4 point. Fractional points shall be rounded down.
(3) The standard range disposition for each offense is determined by the intersection of the column defined by the prior adjudications and the row defined by the current offense category.
(4) RCW 13.40.180 applies if the offender is being sentenced for more than one offense.
(5) A current offense that is a violation is equivalent to an offense category of E. However, a disposition for a violation shall not include confinement.
OR
OPTION B
CHEMICAL DEPENDENCY DISPOSITION ALTERNATIVE
If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court may impose a disposition under RCW 13.40.160(4) and 13.40.165.
OR
OPTION C
MANIFEST INJUSTICE
If the court determines that a disposition under option A or B would effectuate a manifest injustice, the court shall impose a disposition outside the standard range under RCW 13.40.160(2).
NEW SECTION. Sec. 14. Captions used in this act are not any part of the law.
NEW SECTION. Sec. 15. Section 4 of this act expires April 1, 2004.
NEW SECTION. Sec. 16. Section 5 of this act takes effect April 1, 2004."
MOTIONS
On motion of Senator Prentice, the following title amendment was adopted:
On page 1, line 1 of the title, after "theft;" strike the remainder of the title and insert "amending RCW 43.43.760, 19.16.250, 19.16.250, 9.35.010, 9.35.020, 9.35.030, 9A.82.010, and 13.40.0357; reenacting and amending RCW 9.94A.320; adding new sections to chapter 9.35 RCW; adding a new section to chapter 19.182 RCW; creating a new section; prescribing penalties; providing an effective date; and providing an expiration date."
On motion of Senator Prentice, the rules were suspended, Engrossed Substitute Senate Bill No. 5449 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5449.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5449 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5449, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5537, by Senators Franklin, Hochstatter, Winsley, Regala, Prentice, Patterson, Rasmussen, Hargrove, Costa, Kohl-Welles, Long, Shin, Kastama, Fairley, Thibaudeau, Eide, Snyder, Kline, T. Sheldon, Jacobsen, Constantine, Stevens and Oke
Regulating internet advertisement for adoption.
MOTIONS
On motion of Senator Hargrove, Substitute Senate Bill No. 5537 was substituted for Substitute Senate Bill No. 5537 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 5537 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5537.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5537 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Voting nay: Senator Carlson - 1.
SUBSTITUTE SENATE BILL NO. 5537, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5946, by Senator McAuliffe
Allowing certified real estate appraisers to appraise school district property.
MOTIONS
On motion of Senator McAuliffe, Substitute Senate Bill No. 5946 was substituted for Senate Bill No. 5946 and the substitute bill was placed on second reading and read the second time.
On motion of Senator McAuliffe, the rules were suspended, Substitute Senate Bill No. 5946 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5946.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5946 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SUBSTITUTE SENATE BILL NO. 5946, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5790, by Senators Kline, Costa, Shin, Sheahan, McCaslin, Deccio, Winsley and Constantine
Revising provisions relating to vehicular assault.
The bill was read the second time.
MOTIONS
On motion of Senator Kline, the following amendments by Senators Kline and Hargrove were considered simultaneously and were adopted:
On page 2, beginning on line 7, after "vehicle with" strike "disregard for the safety of others" and insert "criminal negligence"
On page 2, beginning on line 11, after "harm"" strike "means "substantial bodily harm" as defined" and insert "has the same meaning as"
On motion of Senator Kline, the rules were suspended, Engrossed Senate Bill No. 5760 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5790.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5790 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
ENGROSSED SENATE BILL NO. 5790, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5909, by Senators Fraser, Regala, Spanel and Thibaudeau
Revising financial responsibility requirements for vessels.
MOTIONS
On motion of Senator Fraser, Second Substitute Senate Bill No. 5909 was substituted for Senate Bill No. 5909 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Fraser, the rules were suspended, Second Substitute Senate Bill No. 5909 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Shin: “Senator Fraser, does this bill apply to American vessels or all vessels, including foreign vessels?”
Senator Fraser: “It applies to all vessels, including foreign vessels.”
Senator Shin “Thank you very much. Another question that I have is, have you done any feasibility studies on this type of legislation and its effect on international trade?”
Senator Fraser: “The industries that are affected have looked very closely at this bill and have given us a lot of detailed input and we have done our best to incorporate it. I have not heard of any significant concerns.”
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5909.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5909 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Absent: Senator Patterson - 1.
SECOND SUBSTITUTE SENATE BILL NO. 5909, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5674, by Senators Constantine, Jacobsen, Prentice, Fraser and Kohl-Welles
Establishing the Washington climate center.
MOTIONS
On motion of Senator Constantine, Substitute Senate Bill No. 5674 was substituted for Senate Bill No. 5674 and the substitute bill was placed on second reading and read the second time.
Senator Hargrove moved that the following striking amendment by Senators Constantine and Hargrove be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature makes the following findings:
(1) The recent consensus report of the world's climate research community has concluded that significant climate change arising from pollutants generated by human activity is already underway.
(2) The best available analyses by northwest climate experts now indicate a projected doubling of carbon dioxide in the atmosphere is now expected to increase the average temperature in Washington state four to seven degrees over the next fifty years.
(3) Such changes are likely to have major, adverse impacts on the state's environment and economy.
(4) The citizens of Washington state have consistently demonstrated global scientific, technological, and policy leadership.
NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Board" means the board of directors of the Washington climate center.
(2) "Center" means the Washington climate center.
(3) "Climate change" means a change of climate attributed directly or indirectly to human activity that alters the composition of the global atmosphere.
(4) "Emissions" means the release of greenhouse gases.
(5) "Emitter" means the entity releasing greenhouse gases.
(6) "Greenhouse gases" includes carbon dioxide (CO2), methane and natural gas (CH4), and nitrous oxide (N2O).
NEW SECTION. Sec. 3. The state legislature authorizes the establishment of an independent, nonprofit organization known as the Washington climate center to serve as a central clearinghouse for all climate change activities in the state.
NEW SECTION. Sec. 4. The center shall be funded through grants and voluntary cash and in-kind contributions.
NEW SECTION. Sec. 5. (1) The activities of the center shall be directed by a board of directors appointed by the governor, for terms of four years, beginning July 1, 2001. The board shall include fifteen members as follows:
(a) One member from each major party of the senate as recommended by their leadership;
(b) One member from each major party of the house of representatives as recommended by their leadership;
(c) One member from the office of the commissioner of public lands;
(d) One member from the department of community, trade, and economic development, energy policy group;
(e) One member from the Washington State University energy program;
(f) Three members from the nonprofit, climate sector;
(g) Three members from the business sector; and
(h) Two members from the climate academic sector, one representing the University of Washington, climate impacts group.
(2) The board shall retain and assign staff and volunteers as the board deems necessary.
(3) The Washington State University energy program and the University of Washington climate impacts group may provide technical assistance and research for the center.
(4) A vote of a majority of the members of the board shall bind the board.
NEW SECTION. Sec. 6. (1) The duties of the center may include, but are not limited to:
(a) Determining current and projected emissions of greenhouse gases in the state;
(b) Collecting and sharing scientific and technological data related to climate change;
(c) Assisting and collecting all climate contingency planning in the state;
(d) Advising relevant sectors of prospective commercial opportunities;
(e) Studying and recommending avenues for reducing short-term and long-term greenhouse gas emissions in the state;
(f) Studying and recommending the most cost-effective methods for reducing all net greenhouse gas emissions in the state, taking into consideration the absorption of greenhouse gas emissions through carbon sequestration;
(g) Studying and recommending the most cost-effective methods for reducing greenhouse gas emissions from the transportation sector consistent with federal law;
(h) Certifying the extent and degree of any mitigation projects;
(i) Developing adequate methods for the monitoring and verification of mitigation projects; and
(j) Serving as a central, independent registry available for the trading of emissions credits, if any.
(2) The center shall:
(a) Develop and publish its rules of operation, calculations, and methods;
(b) Accomplish any other duty assigned to it by the legislature for which adequate funding is provided; and
(c) Provide an annual report to the governor and legislature by December 31st regarding its operations, including the status of greenhouse gas emissions in the state.
(3) The center shall, within available funds, also:
(a) Identify key sectors within the state likely to be affected adversely by climate change;
(b) Examine and report the feasibility of a carbon storage program for the state by:
(i) Evaluating other states' and nations' attempts to establish carbon credit programs, carbon storage programs, carbon storage requirements worldwide, and methods and scientific programs that are used to implement carbon storage programs;
(ii) Analyzing other programs in the state of Washington, including the conservation reserve enhancement program, that could facilitate a carbon storage program and a stable carbon storage market;
(iii) Analyzing methods to encourage and increase appropriate carbon storage activities; and
(iv) Developing and preparing appropriate legislative responses and recommendations;
(c) Notify and convene meetings of key members of those sectors;
(d) Provide relevant scientific and technological information to the public and key sectors;
(e) Support a collaborative response to assist those sectors; and
(f) Assist in the creation of effective contingency planning for those sectors.
(4) The following agencies and programs shall work with the center to assist with the duties under this section: The department of community, trade, and economic development, the department of ecology, the department of transportation, the department of health, the department of fish and wildlife, the department of agriculture, the department of natural resources, and the Washington State University energy program.
(5) The board may establish task forces and technical advisory committees composed of state and local agencies, businesses, labor groups, timber industry groups, agricultural groups, nonprofit organizations, university and college programs, and interested groups and citizens as necessary to assist in the duties in this section.
NEW SECTION. Sec. 7. (1) All emitters of greenhouse gases are encouraged to seek mitigation of their emissions.
(2) Upon a request, accompanied with adequate funding, the center may:
(a) Assist any emitter in selecting mitigation projects;
(b) Determine and certify the amount of mitigation accomplished by any mitigation project; and
(c) Determine what monitoring and verification standards would be useful in the evaluation of mitigation projects.
NEW SECTION. Sec. 8. The center shall publicize successful mitigation projects and efforts to reduce the emission of greenhouse gases.
NEW SECTION. Sec. 9. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001.
NEW SECTION. Sec. 10.
Sections 1 through 9 of this act constitute a new chapter in Title 70 RCW."Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Constantine and Hargrove to Substitute Senate Bill No. 5674.
The motion by Senator Hargrove carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Constantine, the following title amendment was adopted:
On page 1, line 1 of the title, after "change;" strike the remainder of the title and insert "adding a new chapter to Title 70 RCW; providing an effective date; and declaring an emergency."
On motion of Senator Snyder, the rules were suspended, Engrossed Substitute Senate Bill No. 5674 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Snyder, Hargrove and Eide demanded 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 Engrossed Substitute Senate Bill No. 5674.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5674 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 20; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Kastama, Kline, Kohl-Welles, McAuliffe, Patterson, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau and Winsley - 29.
Voting nay: Senators Deccio, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette, Roach, Rossi, Sheahan, Sheldon, T., Stevens, West and Zarelli - 20.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5674, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5703, by Senators Hargrove and Winsley
Describing what is not an alteration of a mobile home.
MOTIONS
On motion of Senator Hargrove, Substitute Senate Bill No. 5703 was substituted for Senate Bill No. 5703 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Hargrove, the following striking amendment by Senators Hargrove and Prentice was adopted:
Strike everything after the enacting clause and insert the following:
NEW SECTION. Sec. 1. The labor, commerce, and financial institutions committee of the Senate shall conduct a study of the problems of owners of mobile/manufactured homes in connection with obtaining the necessary permits for repair, remodel, maintenance and alteration of their homes. The committee shall enlist the assistance of mobile/manufactured home owners, mobile/manufactured home mortgage lenders, the department of labor and industries, and other state or local government agencies as needed.
The study shall address the following issues:
(1) The fact that many mobile/manufactured home owners have performed alterations or repairs to their homes without obtaining the required permits with the result that potential buyers may be unable to obtain mortgage financing from the usual sources;
(2) The costs associated with obtaining required permits, particularly on those occasions when an engineering analysis is required;
(3) The possibility of reducing the number and type of repairs and alterations that require a permit, consistent with public health and safety considerations;
(4) The appropriateness of the current legal sanction for not obtaining a permit when required, which is that the home may not be sold;
(5) Any methods, procedures, or changes in the law that can assist mobile/manufactured home owners in the proper and economical maintenance and improvement of their homes, and the protection of their equity.
NEW SECTION. Sec. 2. The committee shall complete the study and develop any recommended legislation prior to the beginning of the 2002 legislative session.
MOTION
On motion of Senator Hargrove, the rules were suspended, Engrossed Substitute Senate Bill No. 5703 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5703.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5703 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Voting nay: Senator Deccio - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5703, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5792, by Senators Prentice, Honeyford, Winsley, Rasmussen, Rossi, Hale, Constantine, B. Sheldon, Deccio, Hewitt and Gardner
Modifying wine and cider provisions.
MOTIONS
On motion of Senator Prentice, Substitute Senate Bill No. 5792 was substituted for Senate Bill No. 5792 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Prentice, the rules were suspended, Substitute Senate Bill No. 5792 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Finkbeiner: “Senator Hewitt, a friend of mine has been trying to brew mead. Is mead considered a wine or cider?”
Senator Hewitt: “I am not sure, but I think it is made of honey, so there is probably lots of it in Walla Walla.”
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5792.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5792 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Absent: Senator Costa - 1.
SUBSTITUTE SENATE BILL NO. 5792, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5905, by Senators Prentice, Swecker and Winsley
Concerning the negotiation, enforcement, and resolution of disputes regarding tribal/state gaming compacts under the federal Indian gaming regulatory act of 1988.
MOTIONS
On motion of Senator Prentice, Substitute Senate Bill No. 5905 was substituted for Senate Bill No. 5905 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Prentice, the rules were suspended, Substitute Senate Bill No. 5905 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5905.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5905 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 20; Absent, 0; Excused, 0.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Franklin, Fraser, Gardner, Hargrove, Jacobsen, Kastama, Kline, Kohl-Welles, McAuliffe, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheldon, B., Sheldon, T., Snyder, Spanel, Swecker, West and Winsley - 29.
Voting nay: Senators Benton, Deccio, Eide, Fairley, Finkbeiner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Sheahan, Shin, Stevens, Thibaudeau and Zarelli - 20.
SUBSTITUTE SENATE BILL NO. 5905, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5965, by Senators Spanel, Gardner, Kohl-Welles, Kline and Rasmussen
Authorizing local option real estate excise taxes for affordable housing purposes.
MOTIONS
On motion of Senator Spanel, Substitute Senate Bill No. 5965 was substituted for Senate Bill No. 5965 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Spanel, the rules were suspended, Substitute Senate Bill No. 5965 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5965.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5965 and the bill passed the Senate by the following vote:
Yeas, 28; Nays, 21; Absent, 0; Excused, 0.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau and Winsley - 28.
Voting nay: Senators Benton, Deccio, Eide, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, McCaslin, Parlette, Patterson, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 21.
SUBSTITUTE SENATE BILL NO. 5965, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE JOINT MEMORIAL NO. 8008, by Senators Benton and Carlson
Requesting a joint Oregon-Washington committee on taxation be established.
The joint memorial was read the second time.
MOTION
On motion of Senator Benton, the rules were suspended, Senate Joint Memorial No. 8008 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Joint Memorial No. 8008.
ROLL CALL
The Secretary called the roll on the final passage of Senate Joint Memorial No. 8008 and the joint memorial passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SENATE JOINT MEMORIAL NO. 8008, having received the constitutional two-thirds majority, was declared passed..
SECOND READING
SENATE BILL NO. 5309, by Senators Constantine, Sheahan, Hewitt, Costa, Parlette, Carlson, Regala, T. Sheldon, Swecker, Jacobsen, B. Sheldon, Kastama, Gardner and Oke
Providing funding for local government criminal justice.
MOTIONS
On motion of Senator Constantine, Substitute Senate Bill No. 5309 was substituted for Senate Bill No. 5309 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Constantine, the rules were suspended, Substitute Senate Bill No. 5309 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5309.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5309 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 9; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hargrove, Haugen, Hewitt, Hochstatter, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau and Zarelli - 40.
Voting nay: Senators Hale, Honeyford, McCaslin, McDonald, Morton, Roach, Sheldon, T., West and Winsley - 9.
SUBSTITUTE SENATE BILL NO. 5309, 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 Hewitt, Senator Johnson was excused.
SECOND READING
SENATE BILL NO. 5829, by Senators Prentice, Patterson and Swecker
Relating to cooperative activities by local governments.
The bill was read the second time.
MOTION
On motion of Senator Thibaudeau, the rules were suspended, Senate Bill No. 5829 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5829.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5829 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Johnson - 1.
SENATE BILL NO. 5829, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5060, by Senators Winsley and Patterson
Revising alternative public works contracting procedures.
MOTIONS
On motion of Senator Patterson, Substitute Senate Bill No. 5060 was substituted for Senate Bill No. 5060 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Winsley, the following amendments by Senators Patterson and Winsley were considered simultaneously and were adopted:
On page 2, line 16, after "thousand" insert "and any public authority chartered by such city under RCW 35.21.730 through 35.21.755 and specifically authorized as provided in RCW 39.10.120(4)"
On page 2, line 37, after "thousand" insert "and any public authority chartered by such city under RCW 35.21.730 through 35.21.755 and specifically authorized as provided in RCW 39.10.120(4)"
On page 13, after line 6, insert the following:
"(4) A public authority chartered by a city that is a public body may utilize an alternative public works contracting procedure under this chapter only after receiving specific authorization on a project-by-project basis from the governing body of the city. For purposes of public authorities authorized to use alternative public works contracting procedures under this chapter, the city chartering any such public authority shall itself comply with RCW 39.10.030 on behalf of the public authority."
MOTIONS
On motion of Senator Winsley, the following amendments by Senators Patterson and Winsley were considered simultaneously and adopted:
On page 3, beginning on line 15, after "over" strike "ten million dollars" and insert "((ten)) twelve million dollars, or on and after January 1, 2010, valued over sixteen million dollars,"
On page 6, line 7, after "over" strike "ten million dollars" and insert "((ten)) twelve million dollars, or on and after January 1, 2010, valued over sixteen million dollars,"
On motion of Senator Winsley, the rules were suspended, Engrossed Substitute Senate Bill No. 5060 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Horn: “Senator Patterson, I notice that the substitute bill eliminates the ability of all units of local governments to use the alternative procedure if they were approved by a secondary body review board. Could you please explain to me what this body review board was and what their process of review is?”
Senator Patterson: “Thank you, Senator Horn. Some of the older contractors in the alternative public works subcommittee did not want to have the body review board in the bill. That is exactly right.”
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5060.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5060 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 18; Absent, 0; Excused, 0.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Oke, Patterson, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau and Winsley - 31.
Voting nay: Senators Benton, Deccio, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Johnson, McDonald, Morton, Parlette, Roach, Rossi, Sheahan, Sheldon, T., Stevens, West and Zarelli - 18.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5060, 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.
President Pro Tempore Franklin assumed the chair.
SECOND READING
SENATE BILL NO. 5063, by Senators Patterson and Winsley
Authorizing a limited public works process.
The bill was read the second time.
MOTION
On motion of Senator Patterson, the rules were suspended, Senate Bill No. 5063 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF ORDER
Senator West: “A point of order, Madam President. Rule 15 states not to meet past 10 p.m.. It is now 10:05 p.m.”
REMARKS BY SENATOR SNYDER
Senator Snyder: "Yesterday, I moved that Rule 15 be suspended through Wednesday.”
REPLY BY THE PRESIDENT PRO TEMPORE
President Pro Tempore Franklin; "You are correct, Senator."
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5063.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5063 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 17; Absent, 0; Excused, 0.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, McAuliffe, McCaslin, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau and Winsley - 32.
Voting nay: Senators Benton, Deccio, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Johnson, Long, McDonald, Morton, Roach, Rossi, Sheldon, T., Stevens, West and Zarelli - 17.
SENATE BILL NO. 5063, 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.
President Owen assumed the Chair.
SECOND READING
SENATE BILL NO. 5777, by Senators Prentice, Winsley, Thibaudeau, Deccio and Rasmussen
Permitting retired and disabled employees to obtain health insurance.
MOTIONS
On motion of Senator Thibaudeau, Substitute Senate Bill No. 5777 was substituted for Senate Bill No. 5777 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Thibaudeau, the rules were suspended, Substitute Senate Bill No. 5777 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5777.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5777 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SUBSTITUTE SENATE BILL NO. 5777, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5837, by Senators T. Sheldon, Swecker, Spanel, Snyder and Oke
Establishing a pilot project culturing shellfish on nonproductive oyster reserve land.
MOTIONS
On motion of Senator Jacobsen, Substitute Senate Bill No. 5837 was substituted for Senate Bill No. 5837 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Jacobsen, the rules were suspended, Substitute Senate Bill No. 5837 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5837.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5837 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SUBSTITUTE SENATE BILL NO. 5837, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5637, by Senators Jacobsen, Regala, Costa and Oke
Creating a program of watershed health monitoring and assessments.
MOTIONS
On motion of Senator Jacobsen, Substitute Senate Bill No. 5637 was substituted for Senate Bill No. 5637 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Jacobsen, the rules were suspended, Substitute Senate Bill No. 5637 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5637.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5637 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SUBSTITUTE SENATE BILL NO. 5637, 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 10:12 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 8:30 a.m., Wednesday, March 14, 2001.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate